DOJ-OGR-00023148.tif

On Monday, June 23, 2008, Roth sent a brief letter to Starr and Lefkowitz informing them
that the office had "completed a thorough review" of the USAO's handling of the Epstein matter
and did not believe intervention by the Deputy Attorney General was warranted in view of the
"considerable discretion" vested by the Department in U.S. Attorneys. He added, "Even if we
were to substitute our judgment for that of the U.S. Attorney, we believe that federal prosecution
of this case is appropriate."
Immediately after receiving a copy of Roth's letter, Villafaña notified defense counsel that
Epstein would have until close of business on Monday, June 30, 2008, to comply with the NPA
by entering his guilty plea, being sentenced, and surrendering to begin serving his sentence. On
June 26, 2008, Roth alerted the Office of the Attorney General that Epstein's counsel might try to
contact the Attorney General to request additional review and urged the Attorney General not to
take defense counsel's calls. Roth told OPR that he was concerned that Epstein's team would try
to take a further appeal in order to delay resolution of the case.
Meanwhile, Starr sent a concluding email to Acosta, acknowledging they had reached "the
end of a long and arduous road" and adding, "While I am obviously very unhappy at what I believe
is the government's treatment of my client, a man whom I have come to deeply admire, I recognize
that we have filed and argued our 'appellate motions' and lost.... I would like to have... some
closure with you on this matter so that in the years to come, neither of us will harbor any ill will
over the matter."
X.
JUNE 2008 JUNE 2009: EPSTEIN ENTERS HIS PLEAS AND SERVES HIS
CUSTODIAL SENTENCE
On Friday, June 27, 2008, Villafaña renewed her requests to Epstein's local attorneys
Goldberger and Black for a copy of the state plea agreement reached with the State Attorney's
Office, noting that their failure to provide it was a material breach of the NPA. After receiving
and reviewing the plea agreement form, which was not yet signed, Villafaña sent another letter to
Goldberger and Black, informing them that the proposed sentencing provision did not comply with
the requirements of the NPA. Specifically, as written, the plea agreement called for a sentence of
12 months in "the Palm Beach County Detention Facility," followed consecutively by "18 months
Community Control" with a special condition that the defendant serve "the first 6 months [of
community control] in the Palm Beach County Detention Facility." Villafaña objected to the
community control provision, reminding Goldberger and Black that the NPA required Epstein to
"make a binding recommendation of eighteen months imprisonment, which means confinement
twenty-four hours a day at the County Jail." In a subsequent email to Sloman, Villafaña recounted
that she had spoken about the issue with Goldberger, who "swore' that Epstein would be in
custody 24-hours-a-day during the community confinement portion of his sentence." Villafaña
added that Goldberger "let it slip that Epstein would not be at the jail, he would be at the stockade
Since we specifically discussed this at the meeting with [the State Attorney] months ago that
Epstein would be at [the jail], this certainly violates the spirit of the [NPA] agreement."172
Villafaña told Sloman, "[S]omething smells very bad."
172
See
The Main Detention Center for Palm Beach County is a facility housing maximum, medium, and minimum
custody adult males, as well as juvenile and special population male and female inmates.
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DOJ-OGR-00023148