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## Villafana, Ann Marie C. (USAFLS)

From:
nt:

Subject:

Jay Lefkowitz [JLefkowitz@kirKland.com]
Thursday, September 13, 2007 7:35 PM
Villafana,  Ann  Marie C. (USAFLS)
Re:

Sounds good. I will be at home. Let's talk at 9 am.
the same statutes.

Already thinking about

Look for~ard to speaking in the morning.

Best, Jay

Original Message -----
From: "Villafana, Ann Marie C. \
Sent; 09/13/2007 07:26 PM AST
To: Jay Lefkowitz
Subject: RE;

Hi Jay Yes, I am. I have been spending some quality time with Title 18 looking for
misdemeanors. misdemeanors. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 USC Do you want
223(a)(1)(B) and we can talk about them tomorrow? I know that someone mentioned there being 223(a)(1)(B) and we can talk
..tthe activity on an airplane, I just want to make sure that there is factual basis for the plea activity on an airplane, I
at the agents can confirm. at the agents can confirm.

I'm not sure exactly where I will be tomorrow morning, so is it alright if 1 call you?

Have a good evening.

A. Marie Villafana
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401

---•-Original Message-----
From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com]
Sent: Thursday, September 13, 2007 7:21 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject:

Marie - Are you free to speak at 9 am ton~rrow?

Thanks. Jay

•

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e information contained in this communication is confidential, may be attorney-client privileged, nay constitute inside information, and is intended only for

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## Villafana, Ann Marie C. (USAFLS)

| om:    | Villafana, Ann Marie C. (USAFLS)    |
|-|-|
| nt:    | Tuesday, September 18, 2007 8:44 AM |
|        | 'Jay Lefkowitz'                     |
| bject: | Draft Agreements?                   |

Hi Jay I was hoping there would be things for me to read this moming, but I will try to remain patient.

I believe there are only two types of agreements that would apply to this case: ( 1) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him).

A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy.

A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process.

On the obstruction charges, many of the facts I included in that first proffer were hypothesized based upon our
discussions and the agents’ observations of<empty> We will need to interview her to confirm the accuracy of
those facts. On a second count, we could rely on the incident where Mr. Epstein’s private investigators
followed<empty> father, forcing him off the road. Or, if there is something more recent related to any<empty>
we could consider that.

ope that helps.

A. Morie Villafa,1a
Assistant U.S. Attorney
500 S. Australian Ave, Suite 400
West Palm Beach, FL 3340 I

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## Villafana, Ann Marie C. (USAFLS)

From:
nt:

Subject:

Jay Lefkowitz [JLefkow1tz@kirkfar:d.com]
Wednescay, September "9. 2007 11:36 AM
Villafana, Ann Marie C. ( USAFLS)
Re: Draft Agreements?

Confidential - For settlement purpuses only

Still working on rcdline. But pis look at this:

On August 2007, FBI Special Agents E. Nesbitt Kuyrkendall and Jason Richards traveled to the home of in connection with an investigation pending in the Southem District of Florida. Mr. Epstein was informed of the service of the As a result, Mr. Epstein attempted to harass both delay and hinder their receipt of a to attend an official proceeding, more particularly the to which 1. Mr. Epstein, in particular, changed travel plans and flew with both to the United States Virgin Islands rather than to an airport in New Jersey in order to attempt to delay their receipt of what Mr. Epstein expected to be a Mr. Epstein further verbally harassed both !■ in connection to this attempt to delay their voluntary receipt of process all in violation of 18 USC 1512(d)(1).

Original Message

From: "Villafana, Ann Marie C. \(USAFLS\)"
Sent: 09/19/2007 11:18 AM AST
To: Jay Lefkowitz
Subject: RE: Draft Agreements?

Hi Jay I don't know the factual basis for the alleged | because we have no independent evidence of that. So, the agents need to talk to them and then I can draft up a proposed factual proffer. I have sent an e- mail to Barry and Lanna to determine their availability Thanks.

4. Marie Villafaña
Assistan: U.S. Attorney

The infonnation contained in this communication 1s confidential, may be attomey.clienl privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of irk land & Ellis LLP or Kirkland & Ellis lntcmat ional LLP. nauthorizcd use, disclosure or copying of this ommunication or any part thereof 1s strictly prohibited and may be unlawful. If you have received this

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