1 00:00:00,280 --> 00:00:03,359 Speaker 1: What's up, everyone, and welcome to another episode of the 2 00:00:03,359 --> 00:00:06,480 Epstein Chronicles. In this episode, we're going to pick up 3 00:00:06,480 --> 00:00:08,880 where we left off with the emails that were sent 4 00:00:09,439 --> 00:00:13,560 by the Southern District of Florida's Prosecutor's office to each 5 00:00:13,599 --> 00:00:16,960 other and to Epstein's lawyers as they were trying to 6 00:00:16,960 --> 00:00:26,079 hammer out the plea deal. Message from Matthew Minchell to 7 00:00:26,280 --> 00:00:32,359 Marievilla Fauna, August first, two thousand and seven, just letting 8 00:00:32,359 --> 00:00:35,240 you know that we didn't receive anything from the defense today. 9 00:00:35,560 --> 00:00:39,039 Lily Sanchez called late in the afternoon to say it'll 10 00:00:39,079 --> 00:00:44,439 be coming tomorrow. Response to that message by Marivia Lafauna, Hi, Matt, thanks, 11 00:00:44,719 --> 00:00:46,520 I think I just figured out a way to do 12 00:00:46,560 --> 00:00:48,799 a federal plea with a two and a half year cap. 13 00:00:49,399 --> 00:00:52,640 It's a little funky, but it matches the facts. Next 14 00:00:52,640 --> 00:00:57,359 correspondence is a letter sent by Marievi La Fauna to 15 00:00:57,520 --> 00:01:01,880 Lily Sanchez, who's one of Epstein's atorney. This letter was 16 00:01:01,920 --> 00:01:06,680 sent on August third, two thousand and seven. Dear Lily, 17 00:01:07,000 --> 00:01:09,879 thank you for your letter of August second regarding your 18 00:01:09,920 --> 00:01:13,120 proposal on how to resolve the Epstein matter. As we 19 00:01:13,159 --> 00:01:16,239 explained at our meeting on July thirty one, two thousand 20 00:01:16,239 --> 00:01:19,400 and seven. The Office believes that the federal interest will 21 00:01:19,400 --> 00:01:22,439 not be vindicated in the absence of a two year 22 00:01:22,560 --> 00:01:26,799 term of state imprisonment for mister Epstein. That offer was 23 00:01:26,840 --> 00:01:30,400 not meant as a starting point for negotiations. It's the 24 00:01:30,439 --> 00:01:34,159 minimum term of imprisonment that will obviate the need for 25 00:01:34,239 --> 00:01:38,280 federal prosecution. The Office has never agreed that a state 26 00:01:38,319 --> 00:01:41,959 prison sentence is not appropriate for mister Epstein. Rather, we 27 00:01:42,040 --> 00:01:44,879 simply stated that if mister Epstein preferred to serve as 28 00:01:44,920 --> 00:01:48,280 sentence in a federal penitentiary, we would be willing to 29 00:01:48,319 --> 00:01:51,640 explore a federal conviction that may allow that in lieu 30 00:01:51,680 --> 00:01:55,319 of any state resolution. Further, as they made clear in 31 00:01:55,400 --> 00:01:59,400 our follow up telephone conversation after the meeting, a plead 32 00:01:59,400 --> 00:02:02,920 a too federal misdemeanors was never extended or meant as 33 00:02:02,959 --> 00:02:07,319 an offer. We also would reiterate that the agreement to 34 00:02:07,400 --> 00:02:10,800 section twenty two to fifty five liability applies to all 35 00:02:10,879 --> 00:02:14,759 of the minor girls identified during the federal investigation, not 36 00:02:14,879 --> 00:02:18,120 just the twelve that form the basis of an initial 37 00:02:18,199 --> 00:02:21,759 plan charging instrument. As you know, the ability to engage 38 00:02:21,800 --> 00:02:26,400 in flexible plea, negotiations is dramatically changed on the return 39 00:02:26,639 --> 00:02:30,879 of an indictment. Once an indictment is returned, the office 40 00:02:30,919 --> 00:02:34,520 does not intend to file a superseding information containing a 41 00:02:34,599 --> 00:02:38,000 lesser charge or to dismiss the case in favor of 42 00:02:38,080 --> 00:02:43,039 state prosecution. Please let us know your client's decision by 43 00:02:43,080 --> 00:02:47,400 no later than August seventeenth. I've conferred with US Attorney Acosta, 44 00:02:47,639 --> 00:02:49,919 who has asked me to communicate that the two year 45 00:02:50,039 --> 00:02:54,520 term of incarceration is a non negotiable minimum to vindicate 46 00:02:54,560 --> 00:02:57,960 a federal interest, and at this time he's not inclined 47 00:02:57,960 --> 00:03:03,120 to meet with counsel for mister Epstein. Sincerely, Alex Acosta. 48 00:03:03,479 --> 00:03:06,080 But it was signed by Matthew Minchell, all right. Moving 49 00:03:06,080 --> 00:03:09,400 on to the next correspondence. This one was sent by 50 00:03:09,639 --> 00:03:16,039 marievia Lafana to Cindy Campos and Frederica Devlin. Hi, Cindy 51 00:03:16,080 --> 00:03:18,599 and Freddie, I need to check on whether matt sends 52 00:03:18,639 --> 00:03:20,919 something out before he left. Jeff doesn't know if it 53 00:03:20,960 --> 00:03:23,199 went out, and he suggested that I try m out 54 00:03:23,240 --> 00:03:25,759 on his cell. I called the cell number on the roster, 55 00:03:26,000 --> 00:03:28,039 but it seems to be disconnected. Do you have a 56 00:03:28,080 --> 00:03:34,400 contact number for him. Thanks. Next correspondence by marievia Lafanna 57 00:03:34,759 --> 00:03:38,080 to Jeff Slowman, and this was on August sixth, two 58 00:03:38,080 --> 00:03:41,080 thousand and seven. Hi Jeff, sorry to bother you when 59 00:03:41,080 --> 00:03:43,879 you're away. Do you know if the letter to Lily 60 00:03:43,919 --> 00:03:47,879 went out on Friday? Thanks? The next correspondence we have 61 00:03:49,159 --> 00:03:53,560 is Alex Acosta sending an email to Jeff Slowman, and 62 00:03:53,599 --> 00:03:55,840 this was sent on August seventh, two thousand and seven. 63 00:03:56,879 --> 00:03:59,199 Just tried to call yoursel. No need to call back. 64 00:03:59,360 --> 00:04:02,280 I would really appreciate if you could loop him and 65 00:04:02,400 --> 00:04:07,800 Marie in as appropriate. I'll have Cindy set up a meeting. 66 00:04:08,000 --> 00:04:10,479 Sorry again to bother you, but everyone seems to be 67 00:04:10,520 --> 00:04:16,319 out this weekend. Next message was from Andrew from Jeff Sloman, 68 00:04:16,360 --> 00:04:21,079 excuse me to Andrew Osterbon with Marievilla Fauna, c Seed, 69 00:04:21,879 --> 00:04:26,399 Marie and Drew. The chain of emails is self explanatory. 70 00:04:27,439 --> 00:04:32,079 Next email sent by Marie Villa Fauna on Tuesday, August seventh, 71 00:04:32,439 --> 00:04:36,240 two thousand and seven. FYI ps Matt's letter gave them 72 00:04:36,240 --> 00:04:41,560 a deadline of August seventeenth. Next correspondence was August seventh, 73 00:04:41,680 --> 00:04:44,319 two thousand and seven, and it was sent from alex 74 00:04:44,360 --> 00:04:48,800 Acosta to Jeff Sloman, Jeff, apologies for the email in 75 00:04:48,800 --> 00:04:51,800 the middle of your vacation with Matt Gohn and Andy Out. 76 00:04:52,199 --> 00:04:54,920 I'm not sure who is speaking with CEOs on the 77 00:04:54,920 --> 00:04:58,360 Epstein matter. His attorney want to go to DC on 78 00:04:58,399 --> 00:05:01,560 the case on the grounds of Sess foul Ie that 79 00:05:01,600 --> 00:05:03,879 I have not met with them. I'm concerned that this 80 00:05:03,920 --> 00:05:07,319 will delay matters. I'm thinking of heading this off by 81 00:05:07,399 --> 00:05:11,519 one agreeing to meet to discuss general legal policy only 82 00:05:12,000 --> 00:05:16,800 the only matter in which DC has arguable jurisdiction, while 83 00:05:17,120 --> 00:05:20,000 asking or while making it clear that we are not 84 00:05:20,120 --> 00:05:23,439 talking about the details of the case, and two asking 85 00:05:23,480 --> 00:05:28,160 the Drew Osterbon to participate by teleconference, thereby intercepting the 86 00:05:28,279 --> 00:05:35,079 DC meeting thoughts. Next correspondence is from Marievi Lafauna August seventh, 87 00:05:35,120 --> 00:05:39,000 two thousand and seven. This one's to Andrew Osterbon. Hi, Drew, 88 00:05:39,279 --> 00:05:41,959 I don't know how much Jeff and Andy have been 89 00:05:42,040 --> 00:05:43,839 keeping you in the loop, so let me know if 90 00:05:43,839 --> 00:05:45,839 you need any info or if you just want to 91 00:05:45,879 --> 00:05:51,040 talk before the meeting. Next email was sent by Marievi 92 00:05:51,120 --> 00:05:54,759 la Fauna on Tuesday, August seventh. Once again, and this 93 00:05:54,920 --> 00:05:59,439 email was sent to Andrew Lori Hi, Andy Fyi. Apparently 94 00:05:59,480 --> 00:06:02,680 the defense displeased with Matt's letter which set a deadline 95 00:06:02,720 --> 00:06:05,519 of eight seventeen and said that Alex wouldn't meet with them, 96 00:06:05,920 --> 00:06:10,199 so they're demanding a meeting with CEOs. Alex and Drew 97 00:06:10,439 --> 00:06:12,199 are going to try to do a conference call with 98 00:06:12,240 --> 00:06:16,040 the defense to avoid the troop going to DC. Has 99 00:06:16,120 --> 00:06:18,360 Drew been kept in the loop? Is there anything I 100 00:06:18,360 --> 00:06:21,399 should send them? And the agents just interviewed another girl 101 00:06:21,519 --> 00:06:25,600 who started going when she was fourteen. Next correspondence is 102 00:06:25,600 --> 00:06:29,160 from Marie Villa Fauna on August eighth, two thousand and seven, 103 00:06:29,279 --> 00:06:32,879 to Andrew Osterbon Hi, Drew, I've attached a plea term 104 00:06:32,879 --> 00:06:36,319 sheet and the guidelines calculating that was given to mister 105 00:06:36,319 --> 00:06:40,399 Epstein's attorneys on July thirty first. Lily's letter of August 106 00:06:40,439 --> 00:06:43,800 second is sort of in response to that. Several months ago, 107 00:06:44,000 --> 00:06:46,639 when the prosecution memo was first sent to you, you 108 00:06:46,759 --> 00:06:50,120 mentioned adding a CEO's attorney to the team. We probably 109 00:06:50,160 --> 00:06:53,560 should wait until this attempt at plea negotiations is finished, 110 00:06:53,920 --> 00:06:56,079 but I hope to have a few motions responses in 111 00:06:56,120 --> 00:06:59,800 the bag before I indict the two that spring to mind. 112 00:07:00,040 --> 00:07:02,959 Most readily are an appeal to the district court if 113 00:07:03,000 --> 00:07:05,600 he's released on bond, and my response to a motion 114 00:07:05,759 --> 00:07:09,560 to dismiss the indictment on the basis that one or 115 00:07:09,600 --> 00:07:14,240 all of the statutes are unconstitutional. Myisha Braden and I 116 00:07:14,240 --> 00:07:16,639 have spoken about the case a few times when I 117 00:07:16,800 --> 00:07:20,439 was doing research, and she's been wonderful. But if there 118 00:07:20,519 --> 00:07:23,360 is someone else that you think would be better, I'm 119 00:07:23,399 --> 00:07:27,439 all up for the help. Thank you, Signed Marie Villa Fanna. 120 00:07:30,199 --> 00:07:35,600 Next correspondence from Villa Fanna to Alex Acosta Cindy Campos 121 00:07:36,120 --> 00:07:41,199 with Jeff Sloman and Andrew Lowry and Andrew Osterbond, c Seed, 122 00:07:41,879 --> 00:07:44,360 Alex and Cindy. I just got off the phone with Drew. 123 00:07:44,720 --> 00:07:47,959 He's gone from August tenth through August twentieth, and he'll 124 00:07:48,000 --> 00:07:51,079 be back in his office on August twenty first. He's 125 00:07:51,079 --> 00:07:54,199 willing to participate by telephone if we want to stay 126 00:07:54,240 --> 00:07:58,480 firm on our August seventeenth deadline, if the call is 127 00:07:58,519 --> 00:08:01,879 going to wait until after then. He's also willing to 128 00:08:01,920 --> 00:08:04,959 travel to Miami to attend the meeting in person, but 129 00:08:05,000 --> 00:08:07,279 if we do that, we should probably not have the 130 00:08:07,319 --> 00:08:10,399 meeting until August twenty third to give Drew some time 131 00:08:10,439 --> 00:08:13,519 to recover and catch up on his work before he 132 00:08:13,600 --> 00:08:16,720 hops on a flight down here. The agents and IOWA 133 00:08:16,759 --> 00:08:20,240 are planning to go to New York for August twentieth, 134 00:08:20,439 --> 00:08:23,319 twenty first twenty second to serve target letters on the 135 00:08:23,360 --> 00:08:27,120 assistants and to interview some of Epstein's colleagues and former 136 00:08:27,160 --> 00:08:31,560 employees whom we know were around the girls. I would 137 00:08:31,639 --> 00:08:33,559 like to still do this trip, but I know there 138 00:08:33,639 --> 00:08:36,600 was some concern about serving target letters while we were 139 00:08:36,600 --> 00:08:39,799 trying to negotiate a plea. Can you give some guidance? 140 00:08:39,960 --> 00:08:45,279 Thank you. Next correspondence from Alex Acosta to Marie Villafauna 141 00:08:45,720 --> 00:08:50,159 Cindy Campos with Jeff Sloman, Andrew Lowry, and Andrew osterbon 142 00:08:50,279 --> 00:08:53,799 c Seed Marie, I'll leave the target letter issue to 143 00:08:53,840 --> 00:08:57,240 Andy and Jeff. The meeting, Cindy Campos will try to 144 00:08:57,279 --> 00:09:00,360 schedule it. There are several vacations going on next week week, 145 00:09:00,600 --> 00:09:04,200 so Drew is not the only conflict. If Drew can 146 00:09:04,240 --> 00:09:06,919 come to Miami, that would be great. If not, we 147 00:09:07,000 --> 00:09:11,399 can VTC Drew. I appreciate your doing this. The meeting 148 00:09:11,440 --> 00:09:15,320 is to focus on constitutional and policy issues only. You're 149 00:09:15,399 --> 00:09:18,480 being part of it. Will I hope intercept an eventual 150 00:09:18,519 --> 00:09:22,240 appeal to DC. Maybe we can even interest you on 151 00:09:22,360 --> 00:09:27,399 joining the trial team. Next correspondence from Andrew Osterbond to 152 00:09:27,480 --> 00:09:32,279 Alex Acosta, Marievillafauna, Cindy Campos, and Jeff Sloman and Andrew 153 00:09:32,279 --> 00:09:35,440 Lowry or C. Seed. I'm more than happy to help Alex. 154 00:09:35,720 --> 00:09:37,480 It doesn't take much of a reason to get me 155 00:09:37,559 --> 00:09:40,000 on a plane to Miami, and this meeting is certainly 156 00:09:40,000 --> 00:09:43,399 a reason enough. If it's at any day after the twentieth, 157 00:09:43,440 --> 00:09:46,000 I'll be there. As for joining the trial team, I'm 158 00:09:46,039 --> 00:09:49,519 even rustier than Slowman and Lowry, but if Marie would 159 00:09:49,559 --> 00:09:52,559 stand for it, count me in. Thanks very much. Next 160 00:09:52,639 --> 00:09:58,559 correspondence was from Marievillafauna to Jeffrey Slowman on September sixth, 161 00:09:58,639 --> 00:10:02,399 two thousand and seven. Hi, Jeff, funny you should ask, 162 00:10:02,720 --> 00:10:06,720 I've been wondering the same thing. Here's the term sheet 163 00:10:06,720 --> 00:10:09,559 and the guideline calculation that we provided the last meeting. 164 00:10:10,240 --> 00:10:13,720 You and Matt and I also discussed possible federal plea 165 00:10:13,840 --> 00:10:17,480 to an information charging a three seven to one conspiracy 166 00:10:17,519 --> 00:10:20,120 with a Rule eleven plea with a two year cap. 167 00:10:20,399 --> 00:10:22,600 But I think Matt must have asked Alex about it 168 00:10:22,840 --> 00:10:25,679 and it was mixed. Just to be prepared for tomorrow, 169 00:10:26,159 --> 00:10:28,320 I was just starting to draft a Rule eleven plea 170 00:10:28,320 --> 00:10:31,840 agreement in case Alex changes his mind, and a formal 171 00:10:31,919 --> 00:10:35,799 non prosecution agreement containing the state plea terms. As soon 172 00:10:35,799 --> 00:10:38,039 as those are ready, I will email them to you. 173 00:10:40,600 --> 00:10:44,679 There are three concerns that I hope we can address tomorrow. First, 174 00:10:44,879 --> 00:10:47,960 that there is an absolute drop dead date for accepting 175 00:10:48,240 --> 00:10:52,039 or rejecting, because it's strategically important that we indict before 176 00:10:52,039 --> 00:10:55,840 the end of September, which means presenting the indictment on 177 00:10:55,879 --> 00:10:59,799 September twenty fifth. Second, the agents and I have not 178 00:10:59,799 --> 00:11:02,480 reach reached out to the victims to get their approval, which, 179 00:11:02,639 --> 00:11:05,840 as Drew politely reminded me, is required under the law. 180 00:11:06,399 --> 00:11:09,120 And Third, I do not want to make any promises 181 00:11:09,159 --> 00:11:12,399 about allowing Epstein to self surrender because I still believe 182 00:11:12,720 --> 00:11:15,039 that we have a good chance of getting them detained. 183 00:11:15,759 --> 00:11:21,399 On another note, Junior Ot called today from Palm Beach 184 00:11:21,440 --> 00:11:24,720 Police because he got information that there will be an 185 00:11:24,759 --> 00:11:28,360 article released tomorrow about our meeting and that Epstein is 186 00:11:28,399 --> 00:11:31,000 going to plead to a state charge, and the chief 187 00:11:31,039 --> 00:11:34,080 wanted to know if the victims had been consulted about 188 00:11:34,080 --> 00:11:36,919 the deal. There has been some coverage in New York 189 00:11:36,960 --> 00:11:40,639 press about Ken Starr, but I haven't seen anything local yet. 190 00:11:40,879 --> 00:11:42,960 All Right, folks, we're gonna wrap this one up right here, 191 00:11:43,200 --> 00:11:45,559 and in the next episode dealing with the topic, we're 192 00:11:45,559 --> 00:11:48,799 gonna pick up where we left off. All the information 193 00:11:48,879 --> 00:11:52,039 that goes with this episode can be found in the 194 00:11:52,080 --> 00:11:52,960 description box.