1 00:00:00,200 --> 00:00:03,160 Speaker 1: What's up, everyone, and welcome to another episode of the 2 00:00:03,160 --> 00:00:06,599 Epstein Chronicles. In this episode, we're going to pick up 3 00:00:06,839 --> 00:00:10,640 right where we left off with the Marievilla Fauna emails, 4 00:00:11,000 --> 00:00:14,240 with the other prosecutors down in Florida, and with Jeffrey 5 00:00:14,240 --> 00:00:17,359 Epstein's lawyers as they try to hammer out the plea deal. 6 00:00:18,000 --> 00:00:22,679 Email sent on September seventeenth, two thousand and seven, by 7 00:00:23,359 --> 00:00:27,839 Rolando Garcia to Marie Villafauna, Marie, where are we in 8 00:00:27,879 --> 00:00:30,640 the plea negotiation? The next email we have was sent 9 00:00:30,640 --> 00:00:36,679 by Marievillafauna to Alex Acosta, Andrew Lorie, Rolando Garcia and 10 00:00:36,840 --> 00:00:41,399 CC two Karen Atkinson and John McMillan. Hi'all, I think 11 00:00:41,439 --> 00:00:43,520 that we may be near the end of our negotiation 12 00:00:43,679 --> 00:00:46,960 with mister Epstein, and not because we have reached a resolution. 13 00:00:47,759 --> 00:00:50,799 As I mentioned yesterday, I spent about twelve hours over 14 00:00:50,840 --> 00:00:55,320 the weekend drafting informations, changing plea agreements, and writing factual proffers. 15 00:00:56,119 --> 00:00:58,840 I was supposed to receive a draft agreement from them yesterday, 16 00:00:59,039 --> 00:01:02,200 which never arrived. At that time, they were leaning towards 17 00:01:02,200 --> 00:01:05,280 pleading only to stay charges and doing all of the 18 00:01:05,359 --> 00:01:08,640 time in state custody. Late Last night I talked to 19 00:01:08,719 --> 00:01:13,040 Jay Lefkowitz, who asked about Epstein pleading to two twelve 20 00:01:13,040 --> 00:01:16,040 month federal charges with half of his jail time being 21 00:01:16,079 --> 00:01:19,879 spent in home confinement pursuant to the guidelines. I told 22 00:01:19,959 --> 00:01:22,120 him that I had no objection to that approach, but 23 00:01:22,519 --> 00:01:25,079 in the interest of full disclosure, I did not believe 24 00:01:25,120 --> 00:01:28,280 that mister Epstein would be eligible because he will not 25 00:01:28,439 --> 00:01:31,799 be Zone A or B. This morning, Jay called and 26 00:01:31,879 --> 00:01:34,159 said that I was correct, but if we could get 27 00:01:34,200 --> 00:01:37,280 mister Epstein down to fourteen months, then he thought that 28 00:01:37,319 --> 00:01:41,400 he'd be eligible. My response have him plead to two 29 00:01:41,480 --> 00:01:45,400 separate informations. On the first one he gets twelve months imprisonment. 30 00:01:45,640 --> 00:01:48,120 On the second he gets twelve months with six served 31 00:01:48,120 --> 00:01:52,439 and home confinement to run consecutively. I just received an 32 00:01:52,480 --> 00:01:55,359 email asking if mister Epstein could do twelve months in 33 00:01:55,480 --> 00:01:59,079 prisonment instead. As you can see, mister Epstein is having 34 00:01:59,120 --> 00:02:01,879 second thoughts about doing jail time. I would like to 35 00:02:01,879 --> 00:02:04,359 send Jay an email stating that if we do not 36 00:02:04,400 --> 00:02:08,400 have assigned agreement by tomorrow at five, negotiations will end. 37 00:02:09,159 --> 00:02:11,960 I've selected tomorrow at five because it gives them enough 38 00:02:11,960 --> 00:02:15,240 time to really negotiate an agreement if they're really serious 39 00:02:15,280 --> 00:02:17,919 about it, and if not, it gives me one more 40 00:02:18,000 --> 00:02:21,439 day before Jewish holiday to get witnesses lined up for 41 00:02:21,560 --> 00:02:25,360 Tuesday's grand jury appearance. Then I plan to present the indictment, 42 00:02:25,639 --> 00:02:28,199 and it gives the office sufficient time to review the 43 00:02:28,199 --> 00:02:33,240 indictment package. Do you concur Next email from Marie Villafauna 44 00:02:33,439 --> 00:02:39,400 to Rolando Garcia, Alex Acosta, Andrew Lori, and Karen Atkinson 45 00:02:39,719 --> 00:02:44,120 and John McMillan were c seed hi All. I just 46 00:02:44,159 --> 00:02:46,800 spoke with Jay Lefkowitz. He reports that as of now 47 00:02:47,080 --> 00:02:50,439 they're leaning back towards pleading only the stay charges with 48 00:02:50,520 --> 00:02:54,280 a non prosecution agreement. They're doing some legal research and 49 00:02:54,360 --> 00:02:57,439 talking with the state, and Jay thinks that they should 50 00:02:57,439 --> 00:03:01,240 have a proposed agreement by late tonight or early tomorrow morning. 51 00:03:01,879 --> 00:03:04,479 I'm going to send them our last version of the 52 00:03:04,520 --> 00:03:07,319 non prosecution agreement so that he has a template to 53 00:03:07,360 --> 00:03:09,960 work from. Jay as my number in case I need 54 00:03:10,000 --> 00:03:13,280 to go home early and any questions come up. As 55 00:03:13,319 --> 00:03:16,919 soon as I know something, I'll pass it along. Next 56 00:03:16,960 --> 00:03:22,120 message was from Alex Acosta to Marie Villafana, Rolando Garcia, 57 00:03:22,400 --> 00:03:26,759 and Andrew Lorie with Karen Atkinson and John McMillan c Seed. 58 00:03:27,599 --> 00:03:30,120 Please make sure that they know it's only a draft 59 00:03:30,520 --> 00:03:32,960 and that we still need a proved final The form 60 00:03:33,000 --> 00:03:38,719 and language may need polishing. Next Email from Marie Villafana 61 00:03:39,000 --> 00:03:42,639 to alex Acosta. Absolutely, there were a lot of problems 62 00:03:42,639 --> 00:03:45,000 with their last attempt. They tried to reopen all the 63 00:03:45,039 --> 00:03:48,439 loopholes that I had sewn shut. Next Email from Jay 64 00:03:48,479 --> 00:03:53,960 Lefkowitz to Marievillafana. Marie, please look this over and see 65 00:03:53,960 --> 00:03:56,599 if we can identify any issues that we need to 66 00:03:56,639 --> 00:03:59,960 discuss in greater detail. Since you can't go to own 67 00:04:00,000 --> 00:04:03,039 only one count of obstruction, but eighteen would become about 68 00:04:03,120 --> 00:04:06,479 fifteen with gain time, I've made a proposal of a 69 00:04:06,520 --> 00:04:09,680 total of twenty four month sentence based on to informations. 70 00:04:10,240 --> 00:04:13,960 This would include a period of home detention. We can 71 00:04:14,000 --> 00:04:16,600 then follow with an alternative to what we discussed just 72 00:04:16,720 --> 00:04:19,439 now that might plead to one count of fifteen twelve 73 00:04:19,720 --> 00:04:22,959 serve twelve months plus supervised release, which would be one 74 00:04:23,040 --> 00:04:25,680 year of home detention if we can make that work, 75 00:04:26,040 --> 00:04:29,160 followed by two years of probation in the state on 76 00:04:29,199 --> 00:04:33,079 the state charges, with the first six months being community control. 77 00:04:34,040 --> 00:04:38,759 Next email from Marie Villafauna to Andrew Lorii and Rolando 78 00:04:38,839 --> 00:04:44,839 Garcia with Karen Atkinson C Seed. Andy and Rolando please 79 00:04:45,199 --> 00:04:49,839 review below so you understand my frustration. This document is redacted, 80 00:04:49,920 --> 00:04:53,120 different from what Jay just told Andy they would agree to. 81 00:04:54,639 --> 00:04:57,759 He has it written as sixteen months imprisonment followed by 82 00:04:57,879 --> 00:05:00,959 eight months of federal supervised release. He wants us to 83 00:05:01,000 --> 00:05:04,519 recommend an improper calculation of the guidelines, and he wants 84 00:05:04,560 --> 00:05:07,079 to waive the PSI so he can keep all the 85 00:05:07,120 --> 00:05:11,720 information confidential. I've already told Jay that the PSI language 86 00:05:11,800 --> 00:05:15,439 and other language in his agreement was unacceptable to our office. 87 00:05:16,120 --> 00:05:19,319 I'll send back a plea agreement that reads consistent with 88 00:05:19,360 --> 00:05:22,519 what Jay represented Andy, but I don't believe that this 89 00:05:22,600 --> 00:05:25,600 will be resolved by Tuesday unless they come down here 90 00:05:25,720 --> 00:05:28,720 and we have a group contract writing session with the 91 00:05:28,720 --> 00:05:32,360 State Attorney's Office and the decision makers. Next DML was 92 00:05:32,399 --> 00:05:36,480 sent by Marievilla Fauna to Andrew Lawry and Rolando Garcia 93 00:05:36,920 --> 00:05:41,879 with Karen Atkinson c. Seed. He also removed any promise 94 00:05:41,959 --> 00:05:45,439 to plead to a registerrable offense and the promise related 95 00:05:45,439 --> 00:05:50,439 to the girls damages claims. Next EML from Marievilla fauna 96 00:05:50,519 --> 00:05:53,519 to j Lefkowitz, Hi jy. I was hoping there would 97 00:05:53,519 --> 00:05:55,800 be things for me to read this morning, but I'll 98 00:05:55,800 --> 00:05:58,480 try to remain patient. I believe that there are only 99 00:05:58,480 --> 00:06:01,160 two types of agreements that would apply to this case. 100 00:06:01,480 --> 00:06:04,600 One a plea agreement to a federal charge or charges, 101 00:06:05,000 --> 00:06:08,160 and to a non prosecution agreement, which is really a 102 00:06:08,199 --> 00:06:11,959 deferred prosecution agreement because the defendant agrees that if he 103 00:06:12,040 --> 00:06:15,800 violates the agreement, the US can prosecute him. A plea 104 00:06:15,879 --> 00:06:18,759 agreement is part of the court file. It's not accessible 105 00:06:18,839 --> 00:06:21,720 online via pacer, but someone can go to the clerk's 106 00:06:21,720 --> 00:06:26,000 office and obtain a copy. A non prosecution agreement would 107 00:06:26,000 --> 00:06:29,879 not be made public or filed with the court, but 108 00:06:29,959 --> 00:06:33,120 it would remain part of the case file. It probably 109 00:06:33,160 --> 00:06:36,480 would be subject to a Freedom of information access request, 110 00:06:36,879 --> 00:06:41,040 but is not something that we would distribute without compulsory process. 111 00:06:41,519 --> 00:06:44,439 On the obstruction charges, many of the facts I included 112 00:06:44,879 --> 00:06:47,959 in that first profit were a hypothesized based upon our 113 00:06:48,000 --> 00:06:52,839 discussions and the agent's observations of Miss Groff. We still 114 00:06:52,839 --> 00:06:55,879 need to interviewer to confirm the accuracy of those facts, 115 00:06:56,279 --> 00:06:58,959 and on a second account, we could rely on the 116 00:06:58,959 --> 00:07:03,160 incident where mister Repstein's private investigators followed Redacted's father forcing 117 00:07:03,240 --> 00:07:05,839 them off the road, or if there is something more 118 00:07:05,879 --> 00:07:09,560 recent related to any Grand Jerry subpoenas, we could consider that. 119 00:07:10,279 --> 00:07:13,319 Hope this helps Marie Villa Fauna. The next email that 120 00:07:13,399 --> 00:07:15,879 was sent was sent by Marie Villa Fauna and it 121 00:07:15,959 --> 00:07:20,680 was sent to Andrew Lourie and c Seed Rolando Garcia. 122 00:07:21,279 --> 00:07:23,959 I just got their redline version. I'll forward it to you. 123 00:07:24,240 --> 00:07:27,360 Here are the issues that Rolando and I specifically discussed 124 00:07:27,360 --> 00:07:31,480 with them and rejected that they have reinserted into the agreement. 125 00:07:32,040 --> 00:07:35,199 One we agreed to recommend that no PSI be prepared. 126 00:07:35,600 --> 00:07:39,879 Two they have converted it into an aba plea, as 127 00:07:39,879 --> 00:07:43,120 though we wouldn't notice. Three they want us to agree 128 00:07:43,319 --> 00:07:47,199 the incorrect calculation of the guidelines. Four instead of agreeing 129 00:07:47,240 --> 00:07:50,000 that the girls can sue Epstein, they cannot sue them 130 00:07:50,040 --> 00:07:53,000 and instead are bound to apply to a trust administered 131 00:07:53,160 --> 00:07:55,680 by the state court. Jane and I have addressed this 132 00:07:56,000 --> 00:07:59,199 at least three times, and it keeps appearing in his versions. 133 00:08:00,639 --> 00:08:03,199 They changed the state charge that he has to plead 134 00:08:03,199 --> 00:08:06,120 guilty to a non registerable offense and that he doesn't 135 00:08:06,160 --> 00:08:08,759 have to plead to the charge until after he finished 136 00:08:08,759 --> 00:08:12,160 serving his federal sentence. Six. They want us to not 137 00:08:12,199 --> 00:08:16,000 oppose the request for a prison camp designation. Seven. They 138 00:08:16,040 --> 00:08:19,879 have readded paragraphs seventeen through nineteen, all of which are 139 00:08:19,920 --> 00:08:23,879 addressed by paragraph two. There are other problems too, but 140 00:08:24,000 --> 00:08:27,079 these are the highlights. This is not a good faith negotiation. 141 00:08:27,759 --> 00:08:32,120 Next email sent by Marie Villafanna to Andrew Lourie and 142 00:08:32,240 --> 00:08:36,279 Rolando Garcia. We're still waiting for a redline of the 143 00:08:36,320 --> 00:08:39,559 agreement that they seemed happy with yesterday. Barry and Lana 144 00:08:39,679 --> 00:08:42,559 and Epstein's attorneys are coming to our office on Monday 145 00:08:42,840 --> 00:08:45,679 to finalize everything, with the plan of getting them at 146 00:08:45,759 --> 00:08:48,960 least reigned on Monday afternoon. They tried to drag it 147 00:08:49,000 --> 00:08:53,440 into Tuesday, and I said no. Next email from Andrew 148 00:08:53,480 --> 00:08:57,159 Lourie to Marievilla Fauna, Can you send me a copy 149 00:08:57,159 --> 00:08:59,440 of the last thing you sent them? And this was 150 00:08:59,480 --> 00:09:06,600 sent on September nineteenth. Next email by Marievilla Fauna two 151 00:09:07,039 --> 00:09:11,000 Andrew Lourie, FYI. The Palm Beach Post reported the whole 152 00:09:11,039 --> 00:09:13,759 deal in today's paper and claim to have a federal 153 00:09:13,840 --> 00:09:19,200 source and a spy in Epstein's camp. Next email from 154 00:09:19,360 --> 00:09:24,840 Jay Lefkowitz to Marievilla Fauna. Good job. A few thoughts. 155 00:09:25,039 --> 00:09:28,000 I would eliminate the first sentence of paragraph two. Is 156 00:09:28,000 --> 00:09:31,039 there another way to deal with the issue in paragraph three? 157 00:09:31,200 --> 00:09:34,039 Without this? In the plea agreement? Do we need paragraph ten? 158 00:09:34,519 --> 00:09:37,799 Is in paragraph eleven sufficient without ten? Is it our 159 00:09:37,840 --> 00:09:41,559 place to include paragraph thirteen in this agreement? I think 160 00:09:41,559 --> 00:09:44,200 it belongs in the state agreement and it looks out 161 00:09:44,200 --> 00:09:46,919 of place here. I think you should include Roy or 162 00:09:46,960 --> 00:09:49,639 another member of the Florida Bar on the plea agreement 163 00:09:49,919 --> 00:09:52,399 so we are not slowed down at the last minute 164 00:09:52,519 --> 00:09:55,080 by pro hawk stuff. The next email we have is 165 00:09:55,120 --> 00:09:59,600 from Marievilla Fauna to Andrew Lourie and Rolando Garcia, with 166 00:10:00,000 --> 00:10:04,480 and Atkinson as the CC Andy and Rolando. This is 167 00:10:04,519 --> 00:10:07,399 my proposed response below. I know that you can keep 168 00:10:07,399 --> 00:10:09,759 saying he's going to plead, and he will plead if 169 00:10:09,759 --> 00:10:12,279 we cave on everything, but I really don't think that 170 00:10:12,320 --> 00:10:16,480 mister Epstein is going to engage in serious negotiations until 171 00:10:16,480 --> 00:10:19,200 he sees the indictment and shows up in mad court, 172 00:10:19,440 --> 00:10:23,480 preferably in flip flops in reviewing the indictment package. If 173 00:10:23,519 --> 00:10:26,399 you would like to maintain flexibility for the future. We 174 00:10:26,480 --> 00:10:30,080 could indict mister Epstein just on count one, the conspiracy charge, 175 00:10:30,320 --> 00:10:32,799 and if he won't plead to five years at that time, 176 00:10:33,000 --> 00:10:35,759 supersede with the remaining counts and just go to trial. 177 00:10:36,279 --> 00:10:38,960 But we gave them an initial deadline of early August 178 00:10:39,279 --> 00:10:41,879 with a twenty four month sentence. We are now seven 179 00:10:41,919 --> 00:10:45,320 weeks later, and we are just spinning our wheels. Jay. 180 00:10:45,600 --> 00:10:48,159 The same problems that I emailed you about on Sunday 181 00:10:48,360 --> 00:10:52,000 and discussed yesterday with you in Rolando, and that you 182 00:10:52,080 --> 00:10:56,159 discussed with Andy are still here. Paragraphs four, seven, eight, nine, 183 00:10:56,240 --> 00:11:01,039 eleven have specifically been discussed and rejected. Paragraphs seventeen and 184 00:11:01,159 --> 00:11:04,200 nineteen have been addressed in paragraph two and will not 185 00:11:04,240 --> 00:11:08,559 be repeated. You've removed our paragraph four regarding the application 186 00:11:08,639 --> 00:11:12,320 of the sentencing guidebindes an eighteen appeal waiver, both of 187 00:11:12,320 --> 00:11:16,679 which are specifically required by the Offices Appellet Division. You 188 00:11:16,799 --> 00:11:20,879 have replaced mister Epstein's plea to a registrable offense to 189 00:11:21,039 --> 00:11:23,799 one that does not require a registration, and you have 190 00:11:24,200 --> 00:11:27,519 again delayed the plea until after mister Apstein completes his 191 00:11:27,559 --> 00:11:31,919 federal prison sentence Rolando, and I specifically told you that 192 00:11:32,039 --> 00:11:35,840 was unacceptable, and Barry Krisher also informed us that he 193 00:11:35,919 --> 00:11:40,000 will not keep his case open for that period. You 194 00:11:40,159 --> 00:11:42,919 also have inserted that this is a rule eleven C 195 00:11:43,200 --> 00:11:46,120 one C plea which binds the judge, which you know 196 00:11:46,440 --> 00:11:51,200 we have specifically rejected. There are other smaller changes that 197 00:11:51,279 --> 00:11:54,200 the office probably cannot agree to, but the bigger issues 198 00:11:54,240 --> 00:11:57,399 are these. If you or your client insists on these, 199 00:11:57,600 --> 00:12:00,240 there can be no plea agreement. All were going to 200 00:12:00,240 --> 00:12:02,559 wrap up right here and in the next episode dealing 201 00:12:02,559 --> 00:12:05,120 with the topic, we're gonna pick up where we left off. 202 00:12:05,679 --> 00:12:08,200 All the information that goes with this episode can be 203 00:12:08,240 --> 00:12:10,120 found in the description box.