1 00:00:00,320 --> 00:00:03,279 Speaker 1: What's up everyone, and welcome to another episode of the 2 00:00:03,319 --> 00:00:07,200 Epstein Chronicles. In this episode, we're gonna dive right back 3 00:00:07,200 --> 00:00:11,439 into that email chain between Marie Villa Fauna, the other 4 00:00:11,560 --> 00:00:17,440 members of the prosecution team, and Jeffrey Epstein's lawyers. And 5 00:00:17,559 --> 00:00:20,199 this email chain had to do with the first arrest 6 00:00:20,280 --> 00:00:23,600 of Jeffrey Epstein down in Florida in two thousand and seven. 7 00:00:23,679 --> 00:00:27,719 Two thousand and eight. Picking up from where we left off, 8 00:00:29,440 --> 00:00:33,840 this email was from Marievilla Fauna to Jeff Slowman on Tuesday, 9 00:00:33,880 --> 00:00:37,840 September fourth, two thousand and seven. Hi, Jeff, I just 10 00:00:37,920 --> 00:00:40,880 left you a voicemail so you can disregard that we 11 00:00:40,960 --> 00:00:43,479 had a very good meeting with Drew on Friday. No 12 00:00:43,560 --> 00:00:47,119 one was sure whether you want an FBI presidence at 13 00:00:47,159 --> 00:00:49,560 the meeting on Friday, and Drew thought that I should 14 00:00:49,600 --> 00:00:52,200 ask you. Could you let me know? And does the 15 00:00:52,200 --> 00:00:55,439 meeting with Epstein's team started too? Is there a plan 16 00:00:55,560 --> 00:01:00,880 for a pre meeting meeting with our folks. Thanks. The 17 00:01:00,920 --> 00:01:03,600 next email in the chain is from Marie Villa Fauna 18 00:01:03,920 --> 00:01:11,200 to Jeff Sloman with John McMillan c seed the email, Hi, Jeff, 19 00:01:11,359 --> 00:01:13,840 you miss so much fun stuff on Friday. I hope 20 00:01:13,840 --> 00:01:16,359 you had a good visit with your daughter. I'm running 21 00:01:16,359 --> 00:01:18,200 off to court, but I'm hoping that we can talk 22 00:01:18,239 --> 00:01:22,319 this afternoon about the meeting and strategy going forward. Alex 23 00:01:22,480 --> 00:01:25,079 asked Junior to talk to Nesbitt and Jason about the 24 00:01:25,120 --> 00:01:28,159 handling of the State Court Grand Jerry. Junior left a 25 00:01:28,200 --> 00:01:31,439 message saying that he had done so, and both reported 26 00:01:31,480 --> 00:01:34,159 that in their opinion, it had been mishandled for a 27 00:01:34,239 --> 00:01:36,879 number of reasons. I don't think I can forward the 28 00:01:36,879 --> 00:01:39,159 message to your voicemail, so you may want to call 29 00:01:39,239 --> 00:01:42,920 Junior directly if you or Alex wants to hear it 30 00:01:42,920 --> 00:01:45,719 from the horse's mouth. As they say, this is, by 31 00:01:45,760 --> 00:01:48,079 the way, one of the things that we should talk 32 00:01:48,079 --> 00:01:53,879 about this afternoon. Next email Marie villa Fauna to Jeffrey 33 00:01:53,959 --> 00:01:58,920 Slowman and Andrew Larry, Jeff and Andy, the agents are 34 00:01:58,959 --> 00:02:01,480 asking whether Alex had a chance to talk to the 35 00:02:01,680 --> 00:02:07,040 essayic d O. Next email sent by Marie Villafauna to 36 00:02:07,159 --> 00:02:10,840 Jeff Slowman about the plea. Hi, Jeff, I just talked 37 00:02:10,879 --> 00:02:13,800 with Andy. I'm sure that he communicated these thoughts, but 38 00:02:13,879 --> 00:02:16,120 I wanted to mention just a couple of things that 39 00:02:16,199 --> 00:02:18,680 I hope to talk to you about. There are two 40 00:02:18,719 --> 00:02:21,080 things that I think might be tricks up the sleeve 41 00:02:21,400 --> 00:02:25,000 of the defense. First, Lilian had mentioned in our Miami 42 00:02:25,039 --> 00:02:28,280 meeting with all the defense attorneys at Epstein would be 43 00:02:28,319 --> 00:02:32,159 willing to do a split sentence of community control followed 44 00:02:32,159 --> 00:02:35,039 by jail time, because in the state system, if you 45 00:02:35,080 --> 00:02:38,599 complete community control without a violation, the jail time is 46 00:02:38,639 --> 00:02:43,159 converted to a probation or more community control. Second, it 47 00:02:43,199 --> 00:02:46,000 wasn't clear that Epstein would be pleading to a child 48 00:02:46,080 --> 00:02:50,800 sex offense that involves sex offender registration. Third, I mentioned 49 00:02:51,479 --> 00:02:55,120 to Andy that the revised indictment references nineteen victims, so 50 00:02:55,280 --> 00:02:59,159 fifteen months is less than one month per victim. I 51 00:02:59,199 --> 00:03:02,000 agree that this is a reasonable counteroffer in light of 52 00:03:02,039 --> 00:03:05,080 our starting position of twenty four months. But this is 53 00:03:05,080 --> 00:03:08,560 a really low sentence. So whatever the US attorney decides 54 00:03:08,639 --> 00:03:10,960 to do, can we please just follow with a version 55 00:03:11,319 --> 00:03:14,639 of my written non prosecution agreement that will allow us 56 00:03:14,639 --> 00:03:17,719 to avoid any state shenanigans and will keep the defense 57 00:03:17,960 --> 00:03:21,319 on a strict timeline. Before this counteroffer, I was going 58 00:03:21,360 --> 00:03:24,400 to propose that we include in our response to Messrs 59 00:03:24,919 --> 00:03:28,479 Starr and Lefkowitz one page of the draft over at 60 00:03:28,520 --> 00:03:32,240 Acts section. I've attached the proposed over at acts related 61 00:03:32,280 --> 00:03:35,919 to two of the girls as an example. Next Team 62 00:03:36,000 --> 00:03:39,919 L by Marie Villafauna to Jeff Slowman, Alex Acosta, CC, 63 00:03:40,199 --> 00:03:46,919 John McMillan, Rolando Garcia, Karen Atkinson, and Andrew Lorie. Here is 64 00:03:46,960 --> 00:03:50,800 my proposed non prosecution agreement. Since Jerry Lefcourt is the 65 00:03:50,840 --> 00:03:54,680 attorney who contacted Andy with the counteroffer, I have used 66 00:03:54,680 --> 00:03:58,240 his name as attorney for mister Epstein. If another attorney 67 00:03:58,280 --> 00:04:00,840 will be in that role, I can change the signature block. 68 00:04:01,120 --> 00:04:04,000 Please let me know if you have any questions or 69 00:04:04,199 --> 00:04:09,000 changes terms the agreement. One Epstein shall plead guilty, not 70 00:04:09,159 --> 00:04:12,280 no lo contendre to an information file by the State 71 00:04:12,319 --> 00:04:16,240 Attorney's Office for the fifteenth Judicial Circuit in and four 72 00:04:16,319 --> 00:04:18,839 U pom Beach County. Here and after the State Attorney's 73 00:04:18,839 --> 00:04:23,680 Office charging violations of the following Florida statutes. A Leude 74 00:04:23,720 --> 00:04:26,639 and lascivious battery on a child in violation of Florida 75 00:04:26,720 --> 00:04:32,000 Statute eight hundred dot zero four four B. Solicitational miners 76 00:04:32,279 --> 00:04:35,879 to engage in prostitution in violation of Florida Statutes seven 77 00:04:35,959 --> 00:04:39,560 nine to six dot zero three and c engaging in 78 00:04:39,560 --> 00:04:42,759 sexual activity with miners at least sixteen years of age 79 00:04:42,879 --> 00:04:47,480 in violation of Florida Statute seven ninety four dot zero five. Two. 80 00:04:47,720 --> 00:04:50,519 Epstein and the State Attorney's Office shall make a joint 81 00:04:50,879 --> 00:04:54,600 binding recommendation that the courts impose a thirty month sentence 82 00:04:54,639 --> 00:04:59,519 to be divided as follows. A. Epstein shall begin by 83 00:04:59,560 --> 00:05:02,519 serving a at least twenty months in prison without any 84 00:05:02,720 --> 00:05:07,959 opportunity for withholding adjudication or sentencing, and without probation or 85 00:05:08,079 --> 00:05:11,959 community control in lieu of imprisonment, and b Following the 86 00:05:12,040 --> 00:05:17,839 term of imprisonment, Epstein shall serve ten months of community control. Three. 87 00:05:17,959 --> 00:05:21,399 Epstein shall waive all challenges to the information file by 88 00:05:21,399 --> 00:05:24,279 the State Attorney's Office, and shall waive the right to 89 00:05:24,360 --> 00:05:28,800 appeal his conviction and sentence. Four. Epstein shall provide to 90 00:05:28,839 --> 00:05:32,360 the US Attorney's Office copies of all proposed agreements with 91 00:05:32,439 --> 00:05:37,000 the State Attorney's Office. Prior to entering into those agreements. 92 00:05:37,199 --> 00:05:39,759 Epstein agrees that if any of the victims identified in 93 00:05:39,800 --> 00:05:44,199 the Federal Investigation file suit pursuant to eighteen US Code 94 00:05:44,240 --> 00:05:47,279 Section twenty two to fifty five, Epstein will not contest 95 00:05:47,319 --> 00:05:50,240 the jurisdiction of the U s District Court for the 96 00:05:50,279 --> 00:05:53,399 Southern District of Florida over his person and or the 97 00:05:53,439 --> 00:05:56,720 subject matter, and Epstein will not contest that the identified 98 00:05:56,800 --> 00:06:00,879 victims are persons who, while miners, were victims of violation 99 00:06:00,959 --> 00:06:04,759 of Title eighteen United States Code, Section twenty four to 100 00:06:04,759 --> 00:06:08,439 twenty two and Door twenty four to twenty three. Six. 101 00:06:09,279 --> 00:06:12,279 The United States shall provide Epstein's attorneys with a list 102 00:06:12,279 --> 00:06:15,959 of identified victims, which will not exceed forty After Epstein 103 00:06:15,959 --> 00:06:19,759 assigned this agreement and entered a guilty plea, the United 104 00:06:19,759 --> 00:06:22,439 States shall make a motion with the US District Court 105 00:06:22,680 --> 00:06:25,279 for the Southern District of Florida for the appointment of 106 00:06:25,279 --> 00:06:29,519 a guardian at lytium for the identified victims, and Epstein's 107 00:06:29,519 --> 00:06:35,079 council may contact the identified victims through that council. Seven. 108 00:06:35,240 --> 00:06:38,079 Epstein shall enter his guilty plea and be sentenced not 109 00:06:38,160 --> 00:06:40,800 later than September twenty eighth, two thousand and seven, and 110 00:06:40,839 --> 00:06:45,120 shall begin service of his sentence not later than October fifteenth, 111 00:06:45,279 --> 00:06:48,879 two thousand and seven. Eight, With credit for gain time, 112 00:06:49,120 --> 00:06:52,360 Epstein will serve at least seventeen months in a state 113 00:06:52,399 --> 00:06:57,240 correctional Institution. Epstein understands that the United States Attorney has 114 00:06:57,240 --> 00:06:59,720 no authority to require the State of Florida to a 115 00:06:59,759 --> 00:07:03,879 buy by any terms of this agreement. Epstein understands that 116 00:07:03,959 --> 00:07:07,079 it's his obligation to undertake discussions with the State of 117 00:07:07,120 --> 00:07:11,560 Florida to ensure compliance with these procedures, which compliance will 118 00:07:11,560 --> 00:07:15,600 be necessary to satisfy the United States interest pursue into 119 00:07:15,600 --> 00:07:19,759 the petite policy. By signing this agreement, Epstein asserts and 120 00:07:19,800 --> 00:07:23,120 certifies that each of these items is material to this 121 00:07:23,199 --> 00:07:27,079 agreement and is supported by independent consideration, and that a 122 00:07:27,160 --> 00:07:30,319 breach of any of these conditions allows the US to 123 00:07:30,399 --> 00:07:33,920 elect to terminate the agreement and to investigate and prosecute 124 00:07:33,959 --> 00:07:38,759 Epstein for any and all federal offenses. By signing this agreement, 125 00:07:39,000 --> 00:07:44,879 Epstein asserts and certifies that he's aware of the fact 126 00:07:44,879 --> 00:07:47,319 that the sixth Amendment of the Constitution of the United 127 00:07:47,319 --> 00:07:51,879 States provides that all criminal prosecutions, the accused shall enjoy 128 00:07:51,879 --> 00:07:54,720 the right to a speedy and public trial. Epstein further 129 00:07:54,839 --> 00:07:57,560 is aware that Rule forty eight B of the Federal 130 00:07:57,639 --> 00:08:00,399 Rules of Criminal Procedure provides that the court or may 131 00:08:00,439 --> 00:08:05,680 dismiss an indictment, information, or complaint for unnecessary delay in 132 00:08:05,759 --> 00:08:09,079 presenting a charge to the grand jury, filing an information, 133 00:08:09,560 --> 00:08:13,439 or in bringing a defendant to trial. Epstein hereby requests 134 00:08:13,639 --> 00:08:16,360 that the United States Attorney for the Southern District of 135 00:08:16,360 --> 00:08:20,920 Florida defers such prosecution. Epstein agrees and consents that any 136 00:08:20,920 --> 00:08:23,639 delay from the date of disagreement to the date of 137 00:08:23,639 --> 00:08:28,240 initiation of prosecution, as provided for in the terms expressed herein, 138 00:08:28,639 --> 00:08:31,959 shall be deemed to be necessary delay at his own request, 139 00:08:32,440 --> 00:08:36,320 and he hereby waives any defense to such prosecution on 140 00:08:36,399 --> 00:08:39,919 the grounds that such delay operated to deny him rights 141 00:08:40,200 --> 00:08:42,960 under Rule forty eight B of the Federal Rules of 142 00:08:43,039 --> 00:08:46,399 Criminal Procedure and the sixth Amendment of the Constitution of 143 00:08:46,440 --> 00:08:49,360 the United States to a speedy trial, or to bar 144 00:08:49,480 --> 00:08:52,799 the prosecution by reason of the running of the statutal 145 00:08:52,799 --> 00:08:55,960 limitations for a period of months equal to the period 146 00:08:56,000 --> 00:08:59,480 between the signing of the agreement and the breach of 147 00:08:59,519 --> 00:09:05,240 this agreement. Epstein further asserts and certifies that he understands 148 00:09:05,240 --> 00:09:08,320 at the Fifth Amendment and Rule seven A of the 149 00:09:08,320 --> 00:09:12,080 Federal Rules a Criminal Procedure provide that all felonies must 150 00:09:12,120 --> 00:09:15,480 be charged in an indictment presented to a grand jury. 151 00:09:15,919 --> 00:09:20,039 All right, Moving on to the next message from Alex 152 00:09:20,080 --> 00:09:23,919 Acosta to Jeff Slowman. I did a small rewrite shouldn't 153 00:09:23,919 --> 00:09:26,720 affect things, but wanted to add the original state charges 154 00:09:26,759 --> 00:09:29,000 in a statement that it would be his job to 155 00:09:29,080 --> 00:09:33,360 move the state to add the additional charges. Next message 156 00:09:33,360 --> 00:09:36,919 from Jeff Slowman to Marievilla Fauna. Got your message about 157 00:09:36,919 --> 00:09:40,360 the hearing. Alex had some suggested changes to the agreement 158 00:09:40,559 --> 00:09:45,200 that shouldn't affect the deal. Thanks Jeff. Next email was 159 00:09:45,240 --> 00:09:49,159 sent by Marievi La Fauna to Jeffrey Slowman on September eleventh, 160 00:09:49,200 --> 00:09:51,600 two thousand and seven. Do you want me to make 161 00:09:51,639 --> 00:09:55,399 these and re send them to Jerry Lefcourt. Next message 162 00:09:55,600 --> 00:10:01,440 from Marievi Lafauna to Gerald Lefcourt with Alex Occa, Jeff Slowman, 163 00:10:02,279 --> 00:10:06,960 and Andrew Laurie all see seed. Dear Jerry, I've attached 164 00:10:06,960 --> 00:10:10,960 to revised version as per mister Acosta's request, the operative 165 00:10:11,080 --> 00:10:13,559 terms have not changed. If you have any questions, please 166 00:10:13,600 --> 00:10:17,000 do not hesitate to call. Also please confirm you're a 167 00:10:17,039 --> 00:10:21,600 seat of this email. Thank you. Next EML is from 168 00:10:21,639 --> 00:10:25,480 Andrew Lourie to Marievilla Fauna. On September eleventh, two thousand 169 00:10:25,480 --> 00:10:32,039 and seven. What is our latest offer? NEXTDML response from 170 00:10:32,080 --> 00:10:37,120 Marivilla Fauna to Andrew Laurie. Plead to the three specified 171 00:10:37,200 --> 00:10:40,559 charges a thirty month sentence split twenty in jail and 172 00:10:40,600 --> 00:10:43,200 ten in community control and agree that the girls are 173 00:10:43,279 --> 00:10:47,440 victims for purposes of damages. We also put in deadlines 174 00:10:47,480 --> 00:10:51,159 for a plea and sentencing date. Next Email from Andrew 175 00:10:51,200 --> 00:10:55,600 Lourie to Marievilla Fauna. Good, Barry leaves early for Jewish holidays? 176 00:10:55,799 --> 00:10:58,759 Any chance you can make one? Thirty Response from Villa 177 00:10:58,799 --> 00:11:02,320 Fauna on s September eleventh, two thousand and seven, to 178 00:11:02,360 --> 00:11:05,120 Andrew Lourie, Hey, Andy, I will try to get back 179 00:11:05,159 --> 00:11:07,399 as soon as possible. I just don't know how long 180 00:11:07,440 --> 00:11:09,799 it'll be or I'll be at the hospital. Is it 181 00:11:09,919 --> 00:11:13,159 just US three or is Jerry Lefcourt also attending? What 182 00:11:13,200 --> 00:11:18,120 should I be prepared to discuss? Next? Email from Mariva 183 00:11:18,159 --> 00:11:24,600 Lafana to Alex Acosta, Jeff Slowman, Rolando Garcia, and Karen 184 00:11:24,639 --> 00:11:29,639 Atkinson and also Andrew Lourie. Hi All, I've not heard 185 00:11:29,679 --> 00:11:32,879 back from any of mister Epstein's attorneys today about the plea, 186 00:11:32,919 --> 00:11:35,519 but I know that they're out for the holiday. I'll 187 00:11:35,519 --> 00:11:38,919 be out tomorrow. So today I finished the indictment package. 188 00:11:39,000 --> 00:11:41,840 If we decide to go forward, it currently is with 189 00:11:42,080 --> 00:11:46,039 Karen Atkinson. I then paged through Title eighteen and came 190 00:11:46,120 --> 00:11:49,480 up with two possibilities. US Code eighteen, Section four oh 191 00:11:49,559 --> 00:11:53,240 three is a misdemeanor with a one year statutory maximum 192 00:11:53,279 --> 00:11:56,200 for violation of the privacy rights of a child victim. 193 00:11:56,559 --> 00:11:59,559 We would have to show an intentional disclosure of documents 194 00:11:59,600 --> 00:12:02,919 or inform me concerning a child victim to someone other 195 00:12:03,039 --> 00:12:06,519 than a participant in the legal proceedings. When the state 196 00:12:06,600 --> 00:12:10,840 prosecution first hit the press, Epstein's attorneys, especially Roy Black, 197 00:12:11,240 --> 00:12:13,960 made statements about the credibility of some of the child 198 00:12:14,000 --> 00:12:18,039 victims with specific identifying information, and I would base two 199 00:12:18,120 --> 00:12:22,559 charges on information disclosed about two of the victims. US 200 00:12:22,600 --> 00:12:26,600 Code eighteen, Section fifteen twelve D is also a misdemeanor 201 00:12:26,759 --> 00:12:29,559 with a one year statutory maximum. We would have to 202 00:12:29,559 --> 00:12:33,120 show that Epstein or someone on his behalf intentionally harassed 203 00:12:33,320 --> 00:12:36,919 another person to hinder, delay, prevent, or disswade that person 204 00:12:37,240 --> 00:12:40,559 from reporting to a law enforcement officer. The commission or 205 00:12:40,559 --> 00:12:44,120 a possible commission of a federal offense, or to disswade 206 00:12:44,159 --> 00:12:47,799 the person from causing a criminal prosecution to be sought 207 00:12:48,159 --> 00:12:53,240 or instituted. Three girls have mentioned exertions of pressure to 208 00:12:53,360 --> 00:12:56,799 keep them from reporting the offenses or talking to law enforcement. 209 00:12:57,519 --> 00:12:59,960 My guess is that he will object to these charges 210 00:13:00,200 --> 00:13:02,480 because he would have to plead to two counts, which 211 00:13:02,519 --> 00:13:05,240 would expose him to the potential of a twenty four 212 00:13:05,279 --> 00:13:08,000 month sentence if he does so. I recommend that we 213 00:13:08,120 --> 00:13:11,200 consider the Rule eleven plea rather than try to create 214 00:13:11,279 --> 00:13:15,279 violations out of whole cloth. I also determine that a 215 00:13:15,320 --> 00:13:18,879 defendant who receives a prison sentence on a misdemeanor offense 216 00:13:19,159 --> 00:13:22,639 is also eligible for a one year of supervised release. 217 00:13:23,759 --> 00:13:27,519 Another option is a plea two forty seven USC. Section 218 00:13:27,639 --> 00:13:30,879 two twenty three A one and B, which prohibits someone 219 00:13:31,120 --> 00:13:35,919 in interstate or foreign communication by means of telecommunication device 220 00:13:36,000 --> 00:13:41,600 knowingly one initiates transmission of any request, suggestion, proposal, or 221 00:13:41,639 --> 00:13:45,480 other communication which is obscene knowing that the recipient of 222 00:13:45,519 --> 00:13:49,360 the communication is under eighteen years of age, regardless of 223 00:13:49,360 --> 00:13:53,159 whether the maker of such communication placed the call or 224 00:13:53,200 --> 00:13:56,879 initiated the communication. This is a felony offense with a 225 00:13:56,879 --> 00:14:01,519 two year minimum statutory maximum. To move things along, I've 226 00:14:01,559 --> 00:14:04,639 put together an information package assuming a plea to two 227 00:14:04,679 --> 00:14:08,080 counts of violating Section four three. I will leave that 228 00:14:08,120 --> 00:14:10,360 information with Karen as well in case you want to 229 00:14:10,399 --> 00:14:13,960 make any changes tomorrow. Thank you, Marie Vilafauna. All right, 230 00:14:14,000 --> 00:14:16,240 we're gonna wrap up this episode right here, and in 231 00:14:16,320 --> 00:14:18,559 the next episode dealing with the topic, we're gonna pick 232 00:14:18,639 --> 00:14:21,639 up where we left off. All the information that goes 233 00:14:21,679 --> 00:14:25,240 with this episode can be found in the description box.