Speaker 1: What's up everyone, and welcome to another episode of the
Epstein Chronicles. In this episode, we're gonna dive right back
into that email chain between Marie Villa Fauna, the other
members of the prosecution team, and Jeffrey Epstein's lawyers. And
this email chain had to do with the first arrest
of Jeffrey Epstein down in Florida in two thousand and seven.
Two thousand and eight. Picking up from where we left off,
this email was from Marievilla Fauna to Jeff Slowman on Tuesday,
September fourth, two thousand and seven. Hi, Jeff, I just
left you a voicemail so you can disregard that we
had a very good meeting with Drew on Friday. No
one was sure whether you want an FBI presidence at
the meeting on Friday, and Drew thought that I should
ask you. Could you let me know? And does the
meeting with Epstein's team started too? Is there a plan
for a pre meeting meeting with our folks. Thanks. The
next email in the chain is from Marie Villa Fauna
to Jeff Sloman with John McMillan c seed the email, Hi, Jeff,
you miss so much fun stuff on Friday. I hope
you had a good visit with your daughter. I'm running
off to court, but I'm hoping that we can talk
this afternoon about the meeting and strategy going forward. Alex
asked Junior to talk to Nesbitt and Jason about the
handling of the State Court Grand Jerry. Junior left a
message saying that he had done so, and both reported
that in their opinion, it had been mishandled for a
number of reasons. I don't think I can forward the
message to your voicemail, so you may want to call
Junior directly if you or Alex wants to hear it
from the horse's mouth. As they say, this is, by
the way, one of the things that we should talk
about this afternoon. Next email Marie villa Fauna to Jeffrey
Slowman and Andrew Larry, Jeff and Andy, the agents are
asking whether Alex had a chance to talk to the
essayic d O. Next email sent by Marie Villafauna to
Jeff Slowman about the plea. Hi, Jeff, I just talked
with Andy. I'm sure that he communicated these thoughts, but
I wanted to mention just a couple of things that
I hope to talk to you about. There are two
things that I think might be tricks up the sleeve
of the defense. First, Lilian had mentioned in our Miami
meeting with all the defense attorneys at Epstein would be
willing to do a split sentence of community control followed
by jail time, because in the state system, if you
complete community control without a violation, the jail time is
converted to a probation or more community control. Second, it
wasn't clear that Epstein would be pleading to a child
sex offense that involves sex offender registration. Third, I mentioned
to Andy that the revised indictment references nineteen victims, so
fifteen months is less than one month per victim. I
agree that this is a reasonable counteroffer in light of
our starting position of twenty four months. But this is
a really low sentence. So whatever the US attorney decides
to do, can we please just follow with a version
of my written non prosecution agreement that will allow us
to avoid any state shenanigans and will keep the defense
on a strict timeline. Before this counteroffer, I was going
to propose that we include in our response to Messrs
Starr and Lefkowitz one page of the draft over at
Acts section. I've attached the proposed over at acts related
to two of the girls as an example. Next Team
L by Marie Villafauna to Jeff Slowman, Alex Acosta, CC,
John McMillan, Rolando Garcia, Karen Atkinson, and Andrew Lorie. Here is
my proposed non prosecution agreement. Since Jerry Lefcourt is the
attorney who contacted Andy with the counteroffer, I have used
his name as attorney for mister Epstein. If another attorney
will be in that role, I can change the signature block.
Please let me know if you have any questions or
changes terms the agreement. One Epstein shall plead guilty, not
no lo contendre to an information file by the State
Attorney's Office for the fifteenth Judicial Circuit in and four
U pom Beach County. Here and after the State Attorney's
Office charging violations of the following Florida statutes. A Leude
and lascivious battery on a child in violation of Florida
Statute eight hundred dot zero four four B. Solicitational miners
to engage in prostitution in violation of Florida Statutes seven
nine to six dot zero three and c engaging in
sexual activity with miners at least sixteen years of age
in violation of Florida Statute seven ninety four dot zero five. Two.
Epstein and the State Attorney's Office shall make a joint
binding recommendation that the courts impose a thirty month sentence
to be divided as follows. A. Epstein shall begin by
serving a at least twenty months in prison without any
opportunity for withholding adjudication or sentencing, and without probation or
community control in lieu of imprisonment, and b Following the
term of imprisonment, Epstein shall serve ten months of community control. Three.
Epstein shall waive all challenges to the information file by
the State Attorney's Office, and shall waive the right to
appeal his conviction and sentence. Four. Epstein shall provide to
the US Attorney's Office copies of all proposed agreements with
the State Attorney's Office. Prior to entering into those agreements.
Epstein agrees that if any of the victims identified in
the Federal Investigation file suit pursuant to eighteen US Code
Section twenty two to fifty five, 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 miners, were victims of violation
of Title eighteen United States Code, Section twenty four to
twenty two and Door twenty four to twenty three. Six.
The United States shall provide Epstein's attorneys with a list
of identified victims, which will not exceed forty After Epstein
assigned this agreement and entered a guilty plea, the United
States shall make a motion with the US District Court
for the Southern District of Florida for the appointment of
a guardian at lytium for the identified victims, and Epstein's
council may contact the identified victims through that council. Seven.
Epstein shall enter his guilty plea and be sentenced not
later than September twenty eighth, two thousand and seven, and
shall begin service of his sentence not later than October fifteenth,
two thousand and seven. Eight, With credit for gain time,
Epstein will serve at least seventeen months in a state
correctional Institution. Epstein understands that the United States Attorney has
no authority to require the State of Florida to a
buy by any terms of this agreement. Epstein understands that
it's his obligation to undertake discussions with the State of
Florida to ensure compliance with these procedures, which compliance will
be necessary to satisfy the United States interest pursue into
the petite policy. By signing this agreement, Epstein asserts and
certifies that each of these items is material to this
agreement and is supported by independent consideration, and that a
breach of any of these conditions allows the US to
elect to terminate the agreement and to investigate and prosecute
Epstein for any and all federal offenses. By signing this agreement,
Epstein asserts and certifies that he's aware of the fact
that the sixth Amendment of the Constitution of the United
States provides that all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial. Epstein further
is aware that Rule forty eight B of the Federal
Rules of Criminal Procedure provides that the court or 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 defers such prosecution. Epstein agrees and consents that any
delay from the date of disagreement to the date of
initiation of prosecution, as provided for in the terms expressed herein,
shall be deemed to be necessary delay at his own request,
and he hereby waives any defense to such prosecution on
the grounds that such delay operated to deny him rights
under Rule forty eight B of the Federal Rules of
Criminal Procedure and the sixth Amendment of the Constitution of
the United States to a speedy trial, or to bar
the prosecution by reason of the running of the statutal
limitations for a period of months equal to the period
between the signing of the agreement and the breach of
this agreement. Epstein further asserts and certifies that he understands
at the Fifth Amendment and Rule seven A of the
Federal Rules a Criminal Procedure provide that all felonies must
be charged in an indictment presented to a grand jury.
All right, Moving on to the next message from Alex
Acosta to Jeff Slowman. I did a small rewrite shouldn't
affect things, but wanted to add the original state charges
in a statement that it would be his job to
move the state to add the additional charges. Next message
from Jeff Slowman to Marievilla Fauna. Got your message about
the hearing. Alex had some suggested changes to the agreement
that shouldn't affect the deal. Thanks Jeff. Next email was
sent by Marievi La Fauna to Jeffrey Slowman on September eleventh,
two thousand and seven. Do you want me to make
these and re send them to Jerry Lefcourt. Next message
from Marievi Lafauna to Gerald Lefcourt with Alex Occa, Jeff Slowman,
and Andrew Laurie all see seed. Dear Jerry, I've attached
to revised version as per mister Acosta's request, the operative
terms have not changed. If you have any questions, please
do not hesitate to call. Also please confirm you're a
seat of this email. Thank you. Next EML is from
Andrew Lourie to Marievilla Fauna. On September eleventh, two thousand
and seven. What is our latest offer? NEXTDML response from
Marivilla Fauna to Andrew Laurie. Plead to the three specified
charges a thirty month sentence split twenty in jail and
ten in community control and agree that the girls are
victims for purposes of damages. We also put in deadlines
for a plea and sentencing date. Next Email from Andrew
Lourie to Marievilla Fauna. Good, Barry leaves early for Jewish holidays?
Any chance you can make one? Thirty Response from Villa
Fauna on s September eleventh, two thousand and seven, to
Andrew Lourie, Hey, Andy, I will try to get back
as soon as possible. I just don't know how long
it'll be or I'll be at the hospital. Is it
just US three or is Jerry Lefcourt also attending? What
should I be prepared to discuss? Next? Email from Mariva
Lafana to Alex Acosta, Jeff Slowman, Rolando Garcia, and Karen
Atkinson and also Andrew Lourie. Hi All, I've not heard
back from any of mister Epstein's attorneys today about the plea,
but I know that they're out for the holiday. I'll
be out tomorrow. So today I finished the indictment package.
If we decide to go forward, it currently is with
Karen Atkinson. I then paged through Title eighteen and came
up with two possibilities. US Code eighteen, Section four oh
three is a misdemeanor with a one year statutory maximum
for violation of the privacy rights of a child victim.
We would have to show an intentional disclosure of documents
or inform me concerning a child victim to someone other
than a participant in the legal proceedings. When the state
prosecution first hit the press, Epstein's attorneys, especially Roy Black,
made statements about the credibility of some of the child
victims with specific identifying information, and I would base two
charges on information disclosed about two of the victims. US
Code eighteen, Section fifteen twelve D is also a misdemeanor
with a one year statutory maximum. We would have to
show that Epstein or someone on his behalf intentionally harassed
another person to hinder, delay, prevent, or disswade that person
from reporting to a law enforcement officer. The commission or
a possible commission of a federal offense, or to disswade
the person from causing a criminal prosecution to be sought
or instituted. Three girls have mentioned exertions of pressure to
keep them from reporting the offenses or talking to law enforcement.
My guess is that he will object to these charges
because he would have to plead to two counts, which
would expose him to the potential of a twenty four
month sentence if he does so. I recommend that we
consider the Rule eleven plea rather than try to create
violations out of whole cloth. I also determine that a
defendant who receives a prison sentence on a misdemeanor offense
is also eligible for a one year of supervised release.
Another option is a plea two forty seven USC. Section
two twenty three A one and B, which prohibits someone
in interstate or foreign communication by means of telecommunication device
knowingly one initiates transmission of any request, suggestion, proposal, or
other communication which is obscene knowing that the recipient of
the communication is under eighteen years of age, regardless of
whether the maker of such communication placed the call or
initiated the communication. This is a felony offense with a
two year minimum statutory maximum. To move things along, I've
put together an information package assuming a plea to two
counts of violating Section four three. I will leave that
information with Karen as well in case you want to
make any changes tomorrow. Thank you, Marie Vilafauna. All right,
we're gonna wrap up this episode right here, and in
the next episode dealing with the topic, we're gonna pick
up where we left off. All the information that goes
with this episode can be found in the description box.