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 --> 00:00:06,519 Epstein Chronicles. In this episode, we're going to pick up 3 00:00:06,519 --> 00:00:10,519 with the emails from Marievilla Fauna to the other members 4 00:00:10,640 --> 00:00:18,839 of the prosecution and to Jeffrey Epstein's legal team. Email 5 00:00:18,960 --> 00:00:23,440 from Andrew Lori to Marievilla Fauna on September thirteenth, two 6 00:00:23,440 --> 00:00:26,239 thousand and seven, he is going to give us an 7 00:00:26,280 --> 00:00:31,600 assault on the plane or we can do conspiracy. Next 8 00:00:31,600 --> 00:00:36,039 email from Marievilla Fauna to Andrew Lourie on September thirteenth, 9 00:00:36,039 --> 00:00:38,759 two thousand and seven. Hi, Andy, it would still have 10 00:00:38,840 --> 00:00:41,119 to be conspiracy to commit an assault on a plane. 11 00:00:41,320 --> 00:00:43,359 I just want to make sure that we have something 12 00:00:43,399 --> 00:00:47,439 that is factually accurate. Just trying to plan ahead. I 13 00:00:47,520 --> 00:00:50,200 just got an email from jay Lefqwitz asking if I'm 14 00:00:50,240 --> 00:00:52,840 free to talk tomorrow at nine, will you be in 15 00:00:52,880 --> 00:00:55,960 then I have to report to the hospital at ten fifteen. 16 00:00:56,399 --> 00:01:01,600 Next email from Andrew Lourie to Marievillafuna on September thirteenth, 17 00:01:01,679 --> 00:01:04,439 two thousand and seven, I have a nine thirty hearing 18 00:01:04,519 --> 00:01:09,319 in Miami. Villa Fauna responded on September thirteenth, two thousand 19 00:01:09,319 --> 00:01:11,959 and seven to Andrew Lorie. All right, I will get 20 00:01:12,040 --> 00:01:15,239 Rolando and or Jeff to come with me. Next email 21 00:01:15,359 --> 00:01:21,359 Marie Villa Fauna to Rolando Garcia and Jeff Sloman. Hi All, 22 00:01:21,439 --> 00:01:23,879 I just received an email from Jay Lefkwitz wanting to 23 00:01:23,920 --> 00:01:26,680 do a call tomorrow morning. Andy will be on the road, 24 00:01:27,000 --> 00:01:30,159 but will be on the conference call. Does anyone else 25 00:01:30,200 --> 00:01:34,319 want to join in? Next email from Marievilla Fauna on 26 00:01:34,359 --> 00:01:38,040 September thirteenth, two thousand and seven, to Karen Atkinson and 27 00:01:38,120 --> 00:01:42,040 Sean Ball, CC, John McMillan in case Karen has any 28 00:01:42,120 --> 00:01:44,760 changes to the indictment package and wants to send it 29 00:01:44,799 --> 00:01:49,239 on to Rolando. Here the indictment and prosecution memo. Sean 30 00:01:49,280 --> 00:01:53,400 has the forms. Next email was sent by Marievilla Fauna 31 00:01:53,640 --> 00:01:57,560 on Friday, September fourteenth, two thousand and seven. This email 32 00:01:57,599 --> 00:02:00,680 was sent to Jeff Sloman, Alex Acosta, and Andrew Lowry, 33 00:02:01,480 --> 00:02:07,480 Rolando Garcia, C Seed, Karen Atkinson, John McMillan, and Sean Ball. 34 00:02:08,400 --> 00:02:10,639 Hi All, Jay and I talked through the main issue, 35 00:02:10,680 --> 00:02:13,360 which were the charges that Epstein would plead guilty to 36 00:02:14,240 --> 00:02:16,840 he put in a pitch for only twelve months, I 37 00:02:16,919 --> 00:02:19,319 put in a pitch that he plead to twenty four 38 00:02:19,599 --> 00:02:23,400 with a twenty month recommendation, and we decided that we 39 00:02:23,439 --> 00:02:26,479 would be stuck with the eighteen months. So he will 40 00:02:26,479 --> 00:02:29,400 plead to one count of obstructing a witness from reporting 41 00:02:29,400 --> 00:02:32,680 her crime, based upon Redacted's call to one of the girls, 42 00:02:32,680 --> 00:02:37,000 subtly pressuring her not to participate in the investigation, and 43 00:02:37,159 --> 00:02:40,120 one count of simple assault on an airplane based upon 44 00:02:40,280 --> 00:02:43,960 an incident where Epstein put great pressure Jay's words on 45 00:02:44,159 --> 00:02:48,599 Redacted to call the girls to set up appointments. I 46 00:02:48,639 --> 00:02:52,800 will revise the plea agreement accordingly and draft an information 47 00:02:52,879 --> 00:02:55,080 for your review. I'll be out for the rest of 48 00:02:55,120 --> 00:02:58,000 the day, but I'll be accessible over the weekend. I 49 00:02:58,039 --> 00:03:00,840 will give you all of the electronic file to Karen 50 00:03:00,840 --> 00:03:03,639 and Sean in case you need to make changes. Jay 51 00:03:03,680 --> 00:03:06,319 thinks he will have as signed agreement by Monday, and 52 00:03:06,400 --> 00:03:09,080 I'm hoping that we can convince Judge Mara to use 53 00:03:09,120 --> 00:03:10,960 the time on Tuesday that he set aside for the 54 00:03:11,000 --> 00:03:15,840 hearing to take the plea instead. Documents to follow. Next 55 00:03:15,840 --> 00:03:20,719 email Marie Villa Fauna to Jeff Sloman, Alex Acosta, Rolando Garcia, 56 00:03:21,000 --> 00:03:26,800 Andrew Lourie, C. Seed Karen Atkinson and Sean Ball. Here 57 00:03:26,800 --> 00:03:30,319 are the proposed plea agreement and information. If any changes 58 00:03:30,400 --> 00:03:33,560 need to be made, please contact Sean via email. I'll 59 00:03:33,599 --> 00:03:35,560 be out the rest of the day, but you can 60 00:03:35,599 --> 00:03:38,039 contact me at phone number given and I will be 61 00:03:38,080 --> 00:03:42,280 able to access email over the weekend. Next email from 62 00:03:42,280 --> 00:03:49,800 Marievilla Fauna to Jeff Slowman, Alex Acosta, Andrew Laurie, Rolando 63 00:03:49,840 --> 00:03:57,000 Garcia and cced to Karen Atkinson, John McMillan, and Sean Ball. 64 00:03:58,319 --> 00:04:01,800 This email was sent on September fourteenth, two thousand and seven. 65 00:04:02,319 --> 00:04:04,479 Hi all, Jay and I talked through the main issue, 66 00:04:04,639 --> 00:04:07,319 which was the charges that Epstein would plead guilty to. 67 00:04:07,879 --> 00:04:10,199 He put in a pitch for only twelve months. I 68 00:04:10,280 --> 00:04:12,360 put in a pitch that he plead to twenty four 69 00:04:12,639 --> 00:04:16,040 with a twenty month recommendation, and we decided that we 70 00:04:16,079 --> 00:04:18,800 would be stuck with the eighteen months. So we will 71 00:04:18,800 --> 00:04:21,839 plead to one count of obstructing a witness from reporting 72 00:04:21,839 --> 00:04:24,720 of crime, based upon Sarah Kellen's call to one of 73 00:04:24,759 --> 00:04:28,879 the girls, subtly pressuring her not to participate in the investigation, 74 00:04:29,480 --> 00:04:32,199 and one count of simple assault on an airplane based 75 00:04:32,519 --> 00:04:36,079 upon an incident where Epstein put great pressure. Jay's words 76 00:04:36,279 --> 00:04:38,720 on redacted not to call girl or to call girls 77 00:04:38,839 --> 00:04:42,399 to set up appointments. I will revise the plea agreement 78 00:04:42,439 --> 00:04:46,199 accordingly and draft an information for your review. I'll be 79 00:04:46,240 --> 00:04:48,279 out the rest of the day, but I'll be accessible 80 00:04:48,279 --> 00:04:50,839 over the weekend. I'll give all the electronic files to 81 00:04:50,920 --> 00:04:53,279 Karen and Sean in case you need to make changes. 82 00:04:54,360 --> 00:04:56,920 Jay thinks we will have assigned agreement by Monday, and 83 00:04:56,959 --> 00:04:59,560 I'm hoping that we can convince Judge Marra to use 84 00:04:59,600 --> 00:05:02,879 the timeline Tuesday to take this hearing instead of the 85 00:05:02,920 --> 00:05:06,959 plea instead. Documents to follow. Next email was sent by 86 00:05:06,959 --> 00:05:10,560 Marie Villa Fauna on September fourteenth, two thousand and seven, 87 00:05:10,759 --> 00:05:17,360 to Jeff Sloman, alex Acosta, Rolando Garcia, and Andrew Lorie 88 00:05:18,000 --> 00:05:22,279 Cee Seed, Karen Atkinson Sean Ball. Here are the proposed 89 00:05:22,279 --> 00:05:25,439 please agreement and information. If any changes need to be made, 90 00:05:25,480 --> 00:05:29,040 please contact Sean via email and I'll be out the 91 00:05:29,040 --> 00:05:31,360 rest of the day, but I'll be able to access 92 00:05:31,360 --> 00:05:36,079 my emails over that time. Thank you. Next email from 93 00:05:36,160 --> 00:05:41,240 Jeff Sloman to Marie Villafana, alex Acosta, Rolando Garcia, and 94 00:05:41,240 --> 00:05:46,360 Andrew Lorii, Cee Seed, Karen Atkinson, and Sean Ball. Andy 95 00:05:46,399 --> 00:05:48,600 has agreed to help finalize this. I'll be out of 96 00:05:48,639 --> 00:05:54,240 town beginning tomorrow. Next email from Marie Villafana to Rolando 97 00:05:54,279 --> 00:05:58,439 Garcia and Andrew LORI, Hi, Rolando. Here's the last email 98 00:05:58,439 --> 00:06:01,000 that I sent to Jay last night. Jay talk with 99 00:06:01,040 --> 00:06:04,040 his client about it and reports that they're leaning towards 100 00:06:04,040 --> 00:06:06,519 options one or four. They are going to try to 101 00:06:06,519 --> 00:06:09,480 make the decision today. There seems to be some dissension 102 00:06:09,680 --> 00:06:13,319 in the ranks because Jack Goldberger gave some incorrect information 103 00:06:14,199 --> 00:06:17,560 and draft a proposed either non prosecution agreement or a 104 00:06:17,600 --> 00:06:20,560 plea agreement. As you can see from my list below, 105 00:06:20,879 --> 00:06:22,879 there are a number of things in their last draft 106 00:06:23,120 --> 00:06:26,279 that were unacceptable. All the loopholes that I sewed up 107 00:06:26,519 --> 00:06:29,639 they tried to open. So Jay is supposed to be 108 00:06:29,680 --> 00:06:33,839 consulting with Roy Black regarding the correct state information and 109 00:06:33,879 --> 00:06:36,959 then we'll give me a call. I agreed to ask 110 00:06:37,000 --> 00:06:39,560 the judge to take the hearing off the calendar tomorrow 111 00:06:39,759 --> 00:06:43,800 and postpone the grand jury appearances that were scheduled from tomorrow, 112 00:06:44,000 --> 00:06:46,439 but I told them no uncertain terms that I am 113 00:06:46,480 --> 00:06:49,319 indicting on the twenty fifth, so this needs to be resolved. 114 00:06:49,360 --> 00:06:52,120 Early this week, Andy and I talked about all of 115 00:06:52,160 --> 00:06:56,399 this as well. Long answered a short question. Sorry, Hi Jay, 116 00:06:56,720 --> 00:06:59,720 this can wait until after the show, but my voice 117 00:06:59,759 --> 00:07:01,600 is gone, so I thought that I would type it up. 118 00:07:02,040 --> 00:07:04,120 I talk to Andy and he still doesn't like the 119 00:07:04,120 --> 00:07:07,839 factual basis. In his opinion, the plea should only address 120 00:07:07,839 --> 00:07:11,120 the crimes that we're addressing, and we're not investigating mister 121 00:07:11,160 --> 00:07:15,199 Epstein abusing his girlfriend. So these are the only options 122 00:07:15,199 --> 00:07:18,519 that he recommended. One, we go back to the original agreement, 123 00:07:18,680 --> 00:07:21,879 where mister Epstein pleads only to stay charges and serves 124 00:07:21,920 --> 00:07:24,920 his time in the state, except that we can agree 125 00:07:24,920 --> 00:07:29,759 to eighteen months imprisonment. Two, mister Epstein pleads guilty to 126 00:07:29,800 --> 00:07:32,879 the state charges and also pleads to either two obstruction 127 00:07:33,000 --> 00:07:36,720 counts or to one count of violating US Code forty seven, 128 00:07:37,160 --> 00:07:40,720 Section two twenty three A one and B, with a 129 00:07:40,879 --> 00:07:44,639 joint non binding recommendation of eighteen months, so that mister 130 00:07:44,680 --> 00:07:48,680 Epstein can serve his time federally. Three my suggestion only, 131 00:07:48,759 --> 00:07:51,560 not Andy's. I go back to the US attorney and 132 00:07:51,639 --> 00:07:54,839 ask him to agree to an aba plea to A 133 00:07:54,879 --> 00:07:59,160 three hundred and seventy one count conspiracy to violate twenty 134 00:07:59,160 --> 00:08:01,480 four to twenty two BIS, with a binding twenty month 135 00:08:01,560 --> 00:08:04,560 recommendation so that mister Epstein can serve all of his 136 00:08:04,680 --> 00:08:09,199 time in a federal facility, or for mister Epstein pleads 137 00:08:09,199 --> 00:08:11,879 to one obstruction count and serves part of his time 138 00:08:12,120 --> 00:08:16,800 federally and part state. On your other proposed changes, some 139 00:08:16,959 --> 00:08:21,040 are fine and some are problematic. Your paragraph two as 140 00:08:21,079 --> 00:08:24,399 to timing is my understanding that mister Epstein needs to 141 00:08:24,439 --> 00:08:27,040 be sentenced in the state after he is sentenced in 142 00:08:27,079 --> 00:08:30,160 the federal case, but that he needs to plead guilty 143 00:08:30,279 --> 00:08:34,159 and be sentenced after serving his federal time. And he 144 00:08:34,240 --> 00:08:37,480 recommended that some of the timing issues be addressed only 145 00:08:37,519 --> 00:08:40,039 in the state agreement so that it is an obvious 146 00:08:40,039 --> 00:08:42,960 to the judge that we're trying to create federal jurisdiction 147 00:08:43,240 --> 00:08:47,440 for prison purposes. My understanding is that mister Epstein should 148 00:08:47,480 --> 00:08:50,720 sign a state plea agreement, plead guilty to the federal offenses, 149 00:08:50,919 --> 00:08:54,639 plead guilty to the state offenses, be sentenced on the 150 00:08:54,639 --> 00:08:57,679 federal offenses, and then be sentenced on the state offenses, 151 00:08:58,000 --> 00:09:02,559 and then start serving the federal sentence. Response your paragraph three. 152 00:09:03,320 --> 00:09:06,320 As to the reservation of mister Epstein's right to withdraw 153 00:09:06,639 --> 00:09:09,720 the state plea or to appeal to the state plea sentence, 154 00:09:10,159 --> 00:09:13,120 that's fine, but we need the caveat that if you 155 00:09:13,159 --> 00:09:16,000 were to do so, the United States could proceed on 156 00:09:16,080 --> 00:09:20,919 our charges. Response to paragraph six with respect to the 157 00:09:20,960 --> 00:09:24,200 waiver of the right to appeal the federal sentence. Given 158 00:09:24,240 --> 00:09:27,080 the way that we have drafted the information, it's possible 159 00:09:27,080 --> 00:09:30,720 that getting the eighteen on sentence will require an upward departure. 160 00:09:31,399 --> 00:09:34,879 The version of the agreement that you were working from 161 00:09:35,519 --> 00:09:38,360 is a federal non prosecution agreement. The ones I have 162 00:09:38,879 --> 00:09:41,879 sent you recently are plea agreements that are filed with 163 00:09:41,960 --> 00:09:45,159 the court. Please see if the appeal waiver language in 164 00:09:45,200 --> 00:09:49,039 those versions is all right. Reply to paragraph seven. As 165 00:09:49,080 --> 00:09:53,559 I mentioned, we will not waive the presentan's investigation. I 166 00:09:53,600 --> 00:09:56,919 know that this will delay mister Epstein's sentencing by seventy days, 167 00:09:57,200 --> 00:09:59,240 but that will allow him to get all of his 168 00:09:59,279 --> 00:10:01,720 affairs in order. Or As to Bill, it will be 169 00:10:01,759 --> 00:10:03,960 set at the time of the arraignment and we can 170 00:10:04,039 --> 00:10:07,960 work out a joint recommendation regarding the amount and its limitations. 171 00:10:08,360 --> 00:10:11,200 I have no objection to making a joint recommendation that 172 00:10:11,240 --> 00:10:14,960 mister Epstein remain out on bond pending a sentencing. But 173 00:10:15,039 --> 00:10:17,159 I'm not sure that it belongs in a plea agreement, 174 00:10:17,600 --> 00:10:21,519 especially since I can't bind the court on that issue. However, 175 00:10:21,759 --> 00:10:23,679 I can assure you, and we can put it in 176 00:10:23,720 --> 00:10:27,279 the record during the plea colloquy that I will join 177 00:10:27,320 --> 00:10:30,720 in your recommendation that he remained out on bond pending sentence. 178 00:10:31,159 --> 00:10:34,320 The same goes for the prison camp issue. As I mentioned, 179 00:10:34,320 --> 00:10:37,480 I have opposed a designation only once in a very 180 00:10:37,559 --> 00:10:40,840 particular case. I can assure you that we can put 181 00:10:40,840 --> 00:10:43,559 it on the record at the plea colloquy that I 182 00:10:43,559 --> 00:10:47,840 will not oppose your recommendation for mister Epstein's designation response 183 00:10:47,879 --> 00:10:51,320 to paragraph eight. As I mentioned over the telephone, I 184 00:10:51,360 --> 00:10:53,759 can't bind the girls to the trust agreement, and I 185 00:10:53,759 --> 00:10:56,639 don't think it's appropriate that a state court would administer 186 00:10:56,759 --> 00:10:59,960 a trust that seeks to pay for federal civil claim. 187 00:11:00,799 --> 00:11:04,320 We both want to avoid unscrupulous attorneys and or litigants 188 00:11:04,480 --> 00:11:07,320 from coming forward, and I know that your client wants 189 00:11:07,320 --> 00:11:10,720 to keep these matters outside of public court filings. But 190 00:11:10,840 --> 00:11:13,080 I just don't have the power to do what you ask. 191 00:11:13,600 --> 00:11:17,480 Here's my recommendation. During the period between mister Epstein's plea 192 00:11:17,519 --> 00:11:20,559 and sentencing, I make a motion for appointment of the 193 00:11:20,600 --> 00:11:23,679 Guardian ad Lidium. The three of us sit down and 194 00:11:23,720 --> 00:11:26,519 discuss things, and I will facilitate as much as I 195 00:11:26,559 --> 00:11:30,039 can getting the girl's approval of this procedure, because, as 196 00:11:30,080 --> 00:11:32,960 I mentioned, I think it's probably in their best interest. 197 00:11:33,679 --> 00:11:36,679 In terms of plea agreement language. Let me suggest the following. 198 00:11:38,399 --> 00:11:42,519 The United States agrees to make a motion seeking the 199 00:11:42,559 --> 00:11:46,480 appointment of a guardian at Lidium to represent the identified victims. 200 00:11:47,080 --> 00:11:50,039 Following the appointment of such a guardian, the parties agreed 201 00:11:50,080 --> 00:11:53,399 to work together in good faith to develop a trust agreement, 202 00:11:53,799 --> 00:11:57,320 subject to the court's approval, that would provide for any 203 00:11:57,440 --> 00:12:01,679 damages owed to the identified victims peron to US Code eighteen, 204 00:12:02,000 --> 00:12:05,879 Section twenty two to fifty five. Then include the last 205 00:12:05,919 --> 00:12:09,240 two sentences of your paragraph eight. Response to the two 206 00:12:09,320 --> 00:12:12,879 paragraphs following your paragraph eight. I will include our standard 207 00:12:12,960 --> 00:12:17,679 language regarding resolving all criminal liability, and I'll mention co conspirators. 208 00:12:18,000 --> 00:12:20,360 But I would prefer not the highlight for the judge. 209 00:12:20,720 --> 00:12:23,159 All the other crimes and all the other persons that 210 00:12:23,200 --> 00:12:26,600 we could charge. Hold on a minute, I have to 211 00:12:26,639 --> 00:12:28,679 interrupt here. Did you just hear what she said? Here? 212 00:12:29,360 --> 00:12:32,080 I will mention co conspirators, but I would prefer not 213 00:12:32,120 --> 00:12:34,799 the highlight for the judge all of the other crimes 214 00:12:35,000 --> 00:12:38,879 and all of the other persons that we could charge. Sure, 215 00:12:39,159 --> 00:12:43,399 just alone predator though, right, Nothing like blowing the narrative 216 00:12:43,440 --> 00:12:46,279 out of the water. Also, we do not have the 217 00:12:46,320 --> 00:12:49,480 power to bind immigration, and we make it policy not 218 00:12:49,559 --> 00:12:52,279 to try to. However, I can tell you that, as 219 00:12:52,320 --> 00:12:54,440 far as I know, there is no plan to try 220 00:12:54,440 --> 00:12:58,279 and proceed on any immigration charges against either miss Ross 221 00:12:58,600 --> 00:13:03,360 or Misred they mean Nadia. There also on the grand 222 00:13:03,440 --> 00:13:07,000 jury subpoenas, I can prepare letters withdrawing them as of 223 00:13:07,080 --> 00:13:10,559 signing of the plea agreement, but I would prefer to 224 00:13:10,600 --> 00:13:13,039 take out that language. In my eyes. Once we have 225 00:13:13,080 --> 00:13:16,240 a plea agreement, the Grand Jury's investigation has ended and 226 00:13:16,279 --> 00:13:18,559 there can be no more use of the grand jury 227 00:13:18,600 --> 00:13:21,840 subpoena power. I had hoped that we were far closer 228 00:13:21,879 --> 00:13:24,679 to resolving this than it appears that we are. Can 229 00:13:24,720 --> 00:13:28,159 I suggest that tomorrow we either meet live or via teleconference, 230 00:13:28,600 --> 00:13:31,519 either with your client or having him within a quick 231 00:13:31,559 --> 00:13:34,679 phone call to hash out the items. I was hoping 232 00:13:34,679 --> 00:13:36,840 to work only a half day tomorrow to save my 233 00:13:36,960 --> 00:13:40,679 voice for Tuesday's hearing and grand jury if necessary. But 234 00:13:40,840 --> 00:13:43,120 maybe we can set a time to meet. If you 235 00:13:43,240 --> 00:13:45,679 want to meet off campus somewhere, that's fine. I'll make 236 00:13:45,720 --> 00:13:48,480 sure that I have all the necessary decision makers present 237 00:13:48,720 --> 00:13:51,519 or on the call as well. If we can resolve 238 00:13:51,559 --> 00:13:54,559 some of these issues today, let's try to and then 239 00:13:54,639 --> 00:13:58,759 save only the difficult issues for tomorrow. Sorry for the 240 00:13:58,960 --> 00:14:01,600 long email and for ruining your date with your daughter. 241 00:14:02,679 --> 00:14:06,080 This email was sent by Marie Villafuna. All Right, folks, 242 00:14:06,200 --> 00:14:09,000 a lot of process there, So we're gonna wrap this 243 00:14:09,039 --> 00:14:11,639 one up, and in the next episode dealing with the topic, 244 00:14:11,840 --> 00:14:14,639 we're gonna pick up where we left off. All the 245 00:14:14,639 --> 00:14:18,080 information that goes with this episode can be found in 246 00:14:18,159 --> 00:14:19,159 the description box.