EFTA00013739.pdf

IN RE:
INVESTIGATION OF
JEFFREY EPSTEIN

NON-PROSECUTION AGREEMENT

IT APPEARING that the City of Palm Beach Police Department and the State Attorney’s
Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the “State Attorney’s
Office”) have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter “Epstein”);

IT APPEARING that the State Attorney’s Office has charged Epstein with three counts of
solicitation of prostitution, in violation of Florida Statutes Section 796.07;

IT APPEARING that the United States Attorney’s Office and the Federal Bureau of
Investigation have conducted their own investigation of the offenses and Epstein’s background;

IT APPEARING that Jeffrey Epstein (hereinafter “Epstein”) has committed offenses against
the United States from in or around 2001 through in or around October 2005, including:

(1) knowingly and willfully conspiring with others known and unknown to commit an
offense against the United States, that is, to use a facility or means of interstate or
foreign commerce to knowingly persuade, induce, or entice minor females to engage
in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in
violation of Title 18, United States Code, Section 371;

(2) knowingly and willfully conspiring with others known and unknown to travel in
interstate commerce for the purpose of engaging in illicit sexual conduct, as defined
in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States
Code, Section 2423(b); all in violation of Title 18, United States Code, Section
2423(e);

(3) using a facility or means of interstate or foreign commerce to knowingly persuade,
induce, or entice minor females to engage in prostitution; in violation of Title 18,
United States Code, Sections 2422(b) and 2;

(4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct,
as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18,
United States Code, Section 2423(b); and

(5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing,
and obtaining by any means a person, knowing that the person had not attained the

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age of 18 years and would be caused to engage in a commercial sex act as defined
in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections
1591(a)(1) and 2; and

IT APPEARING that Epstein has accepted responsibility for his behavior by his signature
on this Agreement; and

IT APPEARING, after an investigation of the offenses and Epstein’s background, that the
interest of the United States pursuant to the Petite policy will be served by the following procedure;

THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the
Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor
of prosecution by the State of Florida, provided that Epstein abides by the following conditions and
the requirements of this Agreement set forth below.

Should Epstein violate any of the conditions of this Agreement, the United States Attorney
may at any time initiate prosecution against Epstein for any offense. In this case, the United States
Attorney will furnish Epstein with notice specifying the condition(s) of the Agreement that he has
violated.

After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the
offenses set out on pages 1 and 2 of this Agreement will be instituted in this District, and the charges
against Epstein if any, will be dismissed.

Terms of the Agreement:

1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the
State Attorney’s Office charging violations of the following Florida Statutes:

(a) lewd and lascivious battery on a child, in violation of Fl. Stat.
800.04(4);

(b) solicitation of minors to engage in prostitution, in violation of Fl.
Stat. 796.03; and

(c) engaging in sexual activity with minors at least sixteen years of age,
in violation of Fl. Stat. 794.05.

2. Epstein and the State Attorney’s Office shall make a joint, binding
recommendation that the Court impose a thirty (30) month sentence to be
divided as follows:

(a) Epstein shall begin by serving at least twenty (20) months in prison,
without any opportunity for withholding adjudication or sentencing,

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and without probation or community control in lieu of imprisonment;
and

(b) following the term of imprisonment, Epstein shall serve ten (10)
months of community control.

3. Epstein shall waive all challenges to the Information filed by the State
Attorney’s Office and shall waive the right to appeal his conviction and
sentence.

4. Epstein shall provide to the U.S. Attorney’s Office copies of all proposed
agreements with the State Attorney’s Office prior to entering into those
agreements.

5. Epstein agrees that, if any of the victims identified in the federal
investigation file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest
the jurisdiction of the U.S. District Court for the Southern District of Florida
over his person and/or the subject matter, and Epstein will not contest that the
identified victims are persons who, while minors, were victims of violations
of Title 18, United States Code, Sections(s) 2422 and/or 2423.

6. The United States shall provide Epstein’s attorneys with a list of the
identified victims, which will not exceed forty, after Epstein has signed this
agreement and has been sentenced. The United States shall make a motion
with the United States District Court for the Southern District of Florida for
the appointment of a guardian ad litem for the identified victims and
Epstein’s counsel may contact the identified victims through that counsel.

7. Epstein shall enter his guilty plea and be sentenced not later than September
28, 2007, and shall begin service of his sentence not later than October 15,
2007.

8. With credit for gain time, Epstein shall serve at least 17 months in a state
correctional institution.

Epstein understands that the United States Attorney has no authority to require the State
Attorney’s Office to abide by any terms of this agreement. Epstein understands that it is his
obligation to undertake discussion with the State Attorney’s Office to ensure compliance with these
procedures, which compliance will be necessary to satisfy the United States’ interest, pursuant to
the Petite policy.

By signing this agreement, Epstein asserts and certifies that each of these terms is material
to this agreement and is supported by independent consideration and that a breach of any one of
these conditions allows the United States to elect to terminate the agreement and to investigate and

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prosecute Epstein for any and all federal offenses.

By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the
Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions
the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule
48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment,
information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an
information, or in bringing a defendant to trial. Epstein hereby requests that the United States
Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents
that any delay from the date of this Agreement to the date of initiation of prosecution, as provided
for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and
he hereby waives any defense to such prosecution on the ground that such delay operated to deny
him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment
to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the
running of the statute of limitations for a period of months equal to the period between the signing
of this agreement and the breach of this agreement. Epstein further asserts and certifies that he
understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure
provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby
agrees and consents that, if a prosecution against him is instituted, it may be by way of an
Information signed and filed by the United States Attorney, and hereby waives his right to be
indicted by a grand jury.

By signing this agreement, Epstein asserts and certifies that the above has been read and
explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution
Agreement and agrees to comply with them.

Dated: ___________________
_________________________________________
JEFFREY EPSTEIN

Dated: ___________________
_________________________________________
GERALD LEFCOURT, ESQ.
COUNSEL TO JEFFREY EPSTEIN

Dated: ___________________
_________________________________________
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY

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