Speaker 1: What's up everyone, and welcome to another episode of the
Epstein Chronicles. In this episode, we're going to pick up
with the emails from Marievilla Fauna to the other members
of the prosecution and to Jeffrey Epstein's legal team. Email
from Andrew Lori to Marievilla Fauna on September thirteenth, two
thousand and seven, he is going to give us an
assault on the plane or we can do conspiracy. Next
email from Marievilla Fauna to Andrew Lourie on September thirteenth,
two thousand and seven. Hi, Andy, it would still have
to be conspiracy to commit an assault on a plane.
I just want to make sure that we have something
that is factually accurate. Just trying to plan ahead. I
just got an email from jay Lefqwitz asking if I'm
free to talk tomorrow at nine, will you be in
then I have to report to the hospital at ten fifteen.
Next email from Andrew Lourie to Marievillafuna on September thirteenth,
two thousand and seven, I have a nine thirty hearing
in Miami. Villa Fauna responded on September thirteenth, two thousand
and seven to Andrew Lorie. All right, I will get
Rolando and or Jeff to come with me. Next email
Marie Villa Fauna to Rolando Garcia and Jeff Sloman. Hi All,
I just received an email from Jay Lefkwitz wanting to
do a call tomorrow morning. Andy will be on the road,
but will be on the conference call. Does anyone else
want to join in? Next email from Marievilla Fauna on
September thirteenth, two thousand and seven, to Karen Atkinson and
Sean Ball, CC, John McMillan in case Karen has any
changes to the indictment package and wants to send it
on to Rolando. Here the indictment and prosecution memo. Sean
has the forms. Next email was sent by Marievilla Fauna
on Friday, September fourteenth, two thousand and seven. This email
was sent to Jeff Sloman, Alex Acosta, and Andrew Lowry,
Rolando Garcia, C Seed, Karen Atkinson, John McMillan, and Sean Ball.
Hi All, Jay and I talked through the main issue,
which were the charges that Epstein would plead guilty to
he put in a pitch for only twelve months, I
put in a pitch that he plead to twenty four
with a twenty month recommendation, and we decided that we
would be stuck with the eighteen months. So he will
plead to one count of obstructing a witness from reporting
her crime, based upon Redacted's call to one of the girls,
subtly pressuring her not to participate in the investigation, and
one count of simple assault on an airplane based upon
an incident where Epstein put great pressure Jay's words on
Redacted to call the girls to set up appointments. I
will revise the plea agreement accordingly and draft an information
for your review. I'll be out for the rest of
the day, but I'll be accessible over the weekend. I
will give you all of the electronic file to Karen
and Sean in case you need to make changes. Jay
thinks he will have as signed agreement by Monday, and
I'm hoping that we can convince Judge Mara to use
the time on Tuesday that he set aside for the
hearing to take the plea instead. Documents to follow. Next
email Marie Villa Fauna to Jeff Sloman, Alex Acosta, Rolando Garcia,
Andrew Lourie, C. Seed Karen Atkinson and Sean Ball. Here
are the proposed plea agreement and information. If any changes
need to be made, please contact Sean via email. I'll
be out the rest of the day, but you can
contact me at phone number given and I will be
able to access email over the weekend. Next email from
Marievilla Fauna to Jeff Slowman, Alex Acosta, Andrew Laurie, Rolando
Garcia and cced to Karen Atkinson, John McMillan, and Sean Ball.
This email was sent on September fourteenth, two thousand and seven.
Hi all, Jay and I talked through the main issue,
which was the charges that Epstein would plead guilty to.
He put in a pitch for only twelve months. I
put in a pitch that he plead to twenty four
with a twenty month recommendation, and we decided that we
would be stuck with the eighteen months. So we will
plead to one count of obstructing a witness from reporting
of crime, based upon Sarah Kellen's call to one of
the girls, subtly pressuring her not to participate in the investigation,
and one count of simple assault on an airplane based
upon an incident where Epstein put great pressure. Jay's words
on redacted not to call girl or to call girls
to set up appointments. I will revise the plea agreement
accordingly and draft an information for your review. I'll be
out the rest of the day, but I'll be accessible
over the weekend. I'll give all the electronic files to
Karen and Sean in case you need to make changes.
Jay thinks we will have assigned agreement by Monday, and
I'm hoping that we can convince Judge Marra to use
the timeline Tuesday to take this hearing instead of the
plea instead. Documents to follow. Next email was sent by
Marie Villa Fauna on September fourteenth, two thousand and seven,
to Jeff Sloman, alex Acosta, Rolando Garcia, and Andrew Lorie
Cee Seed, Karen Atkinson Sean Ball. Here are the proposed
please agreement and information. If any changes need to be made,
please contact Sean via email and I'll be out the
rest of the day, but I'll be able to access
my emails over that time. Thank you. Next email from
Jeff Sloman to Marie Villafana, alex Acosta, Rolando Garcia, and
Andrew Lorii, Cee Seed, Karen Atkinson, and Sean Ball. Andy
has agreed to help finalize this. I'll be out of
town beginning tomorrow. Next email from Marie Villafana to Rolando
Garcia and Andrew LORI, Hi, Rolando. Here's the last email
that I sent to Jay last night. Jay talk with
his client about it and reports that they're leaning towards
options one or four. They are going to try to
make the decision today. There seems to be some dissension
in the ranks because Jack Goldberger gave some incorrect information
and draft a proposed either non prosecution agreement or a
plea agreement. As you can see from my list below,
there are a number of things in their last draft
that were unacceptable. All the loopholes that I sewed up
they tried to open. So Jay is supposed to be
consulting with Roy Black regarding the correct state information and
then we'll give me a call. I agreed to ask
the judge to take the hearing off the calendar tomorrow
and postpone the grand jury appearances that were scheduled from tomorrow,
but I told them no uncertain terms that I am
indicting on the twenty fifth, so this needs to be resolved.
Early this week, Andy and I talked about all of
this as well. Long answered a short question. Sorry, Hi Jay,
this can wait until after the show, but my voice
is gone, so I thought that I would type it up.
I talk to Andy and he still doesn't like the
factual basis. In his opinion, the plea should only address
the crimes that we're addressing, and we're not investigating mister
Epstein abusing his girlfriend. So these are the only options
that he recommended. One, we go back to the original agreement,
where mister Epstein pleads only to stay charges and serves
his time in the state, except that we can agree
to eighteen months imprisonment. Two, mister Epstein pleads guilty to
the state charges and also pleads to either two obstruction
counts or to one count of violating US Code forty seven,
Section two twenty three A one and B, with a
joint non binding recommendation of eighteen months, so that mister
Epstein can serve his time federally. Three my suggestion only,
not Andy's. I go back to the US attorney and
ask him to agree to an aba plea to A
three hundred and seventy one count conspiracy to violate twenty
four to twenty two BIS, with a binding twenty month
recommendation so that mister Epstein can serve all of his
time in a federal facility, or for mister Epstein pleads
to one obstruction count and serves part of his time
federally and part state. On your other proposed changes, some
are fine and some are problematic. Your paragraph two as
to timing is my understanding that mister Epstein needs to
be sentenced in the state after he is sentenced in
the federal case, but that he needs to plead guilty
and be sentenced after serving his federal time. And he
recommended that some of the timing issues be addressed only
in the state agreement so that it is an obvious
to the judge that we're trying to create federal jurisdiction
for prison purposes. My understanding is that mister Epstein should
sign a state plea agreement, plead guilty to the federal offenses,
plead guilty to the state offenses, be sentenced on the
federal offenses, and then be sentenced on the state offenses,
and then start serving the federal sentence. Response your paragraph three.
As to the reservation of mister Epstein's right to withdraw
the state plea or to appeal to the state plea sentence,
that's fine, but we need the caveat that if you
were to do so, the United States could proceed on
our charges. Response to paragraph six with respect to the
waiver of the right to appeal the federal sentence. Given
the way that we have drafted the information, it's possible
that getting the eighteen on sentence will require an upward departure.
The version of the agreement that you were working from
is a federal non prosecution agreement. The ones I have
sent you recently are plea agreements that are filed with
the court. Please see if the appeal waiver language in
those versions is all right. Reply to paragraph seven. As
I mentioned, we will not waive the presentan's investigation. I
know that this will delay mister Epstein's sentencing by seventy days,
but that will allow him to get all of his
affairs in order. Or As to Bill, it will be
set at the time of the arraignment and we can
work out a joint recommendation regarding the amount and its limitations.
I have no objection to making a joint recommendation that
mister Epstein remain out on bond pending a sentencing. But
I'm not sure that it belongs in a plea agreement,
especially since I can't bind the court on that issue. However,
I can assure you, and we can put it in
the record during the plea colloquy that I will join
in your recommendation that he remained out on bond pending sentence.
The same goes for the prison camp issue. As I mentioned,
I have opposed a designation only once in a very
particular case. I can assure you that we can put
it on the record at the plea colloquy that I
will not oppose your recommendation for mister Epstein's designation response
to paragraph eight. As I mentioned over the telephone, I
can't bind the girls to the trust agreement, and I
don't think it's appropriate that a state court would administer
a trust that seeks to pay for federal civil claim.
We both want to avoid unscrupulous attorneys and or litigants
from coming forward, and I know that your client wants
to keep these matters outside of public court filings. But
I just don't have the power to do what you ask.
Here's my recommendation. During the period between mister Epstein's plea
and sentencing, I make a motion for appointment of the
Guardian ad Lidium. The three of us sit down and
discuss things, and I will facilitate as much as I
can getting the girl's approval of this procedure, because, as
I mentioned, I think it's probably in their best interest.
In terms of plea agreement language. Let me suggest the following.
The United States agrees to make a motion seeking the
appointment of a guardian at Lidium to represent the identified victims.
Following the appointment of such a guardian, the parties agreed
to work together in good faith to develop a trust agreement,
subject to the court's approval, that would provide for any
damages owed to the identified victims peron to US Code eighteen,
Section twenty two to fifty five. Then include the last
two sentences of your paragraph eight. Response to the two
paragraphs following your paragraph eight. I will include our standard
language regarding resolving all criminal liability, and I'll mention co conspirators.
But I would prefer not the highlight for the judge.
All the other crimes and all the other persons that
we could charge. Hold on a minute, I have to
interrupt here. Did you just hear what she said? Here?
I will mention co conspirators, but I would prefer not
the highlight for the judge all of the other crimes
and all of the other persons that we could charge. Sure,
just alone predator though, right, Nothing like blowing the narrative
out of the water. Also, we do not have the
power to bind immigration, and we make it policy not
to try to. However, I can tell you that, as
far as I know, there is no plan to try
and proceed on any immigration charges against either miss Ross
or Misred they mean Nadia. There also on the grand
jury subpoenas, I can prepare letters withdrawing them as of
signing of the plea agreement, but I would prefer to
take out that language. In my eyes. Once we have
a plea agreement, the Grand Jury's investigation has ended and
there can be no more use of the grand jury
subpoena power. I had hoped that we were far closer
to resolving this than it appears that we are. Can
I suggest that tomorrow we either meet live or via teleconference,
either with your client or having him within a quick
phone call to hash out the items. I was hoping
to work only a half day tomorrow to save my
voice for Tuesday's hearing and grand jury if necessary. But
maybe we can set a time to meet. If you
want to meet off campus somewhere, that's fine. I'll make
sure that I have all the necessary decision makers present
or on the call as well. If we can resolve
some of these issues today, let's try to and then
save only the difficult issues for tomorrow. Sorry for the
long email and for ruining your date with your daughter.
This email was sent by Marie Villafuna. All Right, folks,
a lot of process there, So we're gonna wrap this
one up, 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.