Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 16-18) (4/5/26)

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What's up everyone, and welcome back to the Epstein chronicles.
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In this episode, we're getting right back to the Epstein
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OIG report into the non prosecution agreement. See the evidence
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does not clearly show why the terms of incarceration was
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reduced from twenty four months to twenty months to eighteen months.
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OPR reviewed the contemporaneous records and asked Acosta, Villa Fauna,
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and Laurie to explain how the jail term Epstein would
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have to accept came to be reduced from two years
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to eighteen months. Laurie had no recollection of the process
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through which the term of incarceration was reduced. Vila Fauna
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and Acosta offered significantly different explanations. Fila Fauna told OPR
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we had this flip flop between is it going to
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be a state charge, is it going to be a
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federal charge? Is it going to be a state charge?
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Is it going to be a federal charge? And to
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get a federal charge, there was no way to do
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twenty four months that made any sense. So somehow it
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ended up being twenty months, and then it got to
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be eighteen months, and these were recalls that if I
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remember correctly, Jay Lefkowitz was having directly with alex Acosta,
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and alex Acosta agreed to eighteen months. Bilafana further explained
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to OPR regarding going from twenty four months to twenty months,
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I recall a discussion that twenty four months of federal
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time was really twenty months after gain time, so Epstein
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should be allowed to plead to twenty months in the state.
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Epstein's council represented that he wouldn't get gain time like
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that in the state, and someone above me agreed. Later.
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Of course, as shown in the agreements, Epstein's council, Jay Lefkowitz,
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got Alex to agree that Epstein should be allowed to
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earn gain time in the state, so the twenty months
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in the state became at least seventeen months. Regarding going
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from twenty months to eighteen months, this came from a
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negotiation between Epstein's council and Nandy or Alex where the
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federal statutory max could only be twenty four or eighteen,
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so eighteen was agreed to. I also recall that after
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Epstein's council decided that they wanted to proceed with an
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NPA and only a state guilty plea I asked Alex
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why we didn't return to the twenty months, because the
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reason why we went to eighteen months was because that
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was the only way to end up with a federal
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statutory maximum. However, a subsequent account of the history of
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negotiations with Epstein's attorneys, drafted by Villa Fauna for Acosta
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several weeks after the September twelfth, two thousand and seven,
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meeting with the State Attorney's office, stated that a significant
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compromise reached at the meeting was a reduction in the
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amount of jail time from the originally proposed twenty four
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months down to eighteen months, which would be served at
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Palm Beach County Jail rather than a state prison facility.
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Acosta noted to OPR that Villa Fauna was engaged in
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a tough negotiation and he was willing to allow her
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the discretion to reduce the amount of incarceration time without
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him second guestinger cost acknowledge that he clearly approved it
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at some point. Based on this record, OPR could not
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definitively determine when, how or by whom the decision was
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made to reduce the required term of imprisonment from twenty
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four to eighteen months. It's possible that the reduction was
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connected to Epstein's effort to achieve a result that would
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allow him to serve his time in a counting facility,
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but it may also have resulted from the party's attempts
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to reach agreements on federal charges that would not result
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in a sentence of incarceration greater than what had been
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discussed with respect to state charges. In the end, the
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evidence shows that Acosta approved a reduced term of incarceration
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from twenty four months to eighteen months, and the USAO
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understood at the time that the state gain time requirement
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would further reduce the actual amount of time Epstein would
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spend incarcerated. D The parties continue to negotiate, but primarily
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focus on a potential plea to federal charges. During the
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remains of September, Villa Fauna conducted plea negotiations and drafted
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the final NPA, mainly with Epstein's attorney, Jay Lefkowitz. In
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a September thirteenth, two thousand and seven, email to CEOs
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chief Asterbond, Villafana reported that the plea negotiations were getting
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fast and furious. She said that the defense wanted to
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establish a victim's fund through which Epstein could make payments
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to the victims, rather than having the victims file individual
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Section twenty two to fifty five court actions for damages,
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which she speculated was to keep this stuff out of
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the public court files. According to the email documentation, by Friday,
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September fourteenth, two thousand and seven, the parties had moved
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toward a hybrid federal plea agreement incorporating a plea to
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state charges, which would allow Epstein to serve as sentence
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for all the charges concurrently in a federal prison. Villa
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Fauna informed a Costa, Sloman, Lori and other colleagues the
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negotiations with left Kowitz had resulted in a tentative agreement
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for Epstein to plead to two federal charge harassment to
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prevent a witness from reporting a crime US Code eighteen
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section fifteen twelve D two, which was then a one
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year misdemeanor, and simple assault on an airplane US Code
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eighteen Section one thirteen A five, a six month misdemeanor.
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Villafana reported that Lefkowitz put in a pitch for only
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twelve months. I put in a pitch that Epstein plead
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to twenty four with a twenty month recommendation, and we
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decided that we would be stuck with the eighteen months.
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Later that day, Villa Fauna said to Lefkowitz a draft
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hybrid plea agreement and information mirroring the agreement in principle
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that she had described to her supervisors, but which she
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noted had not yet been blessed by them. The agreement
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provided that Epstein would plead guilty to the two federal charges,
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for which the parties would jointly recommend that he would
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be sentenced to the statutory maximum penalty of eighteen months
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followed by two years a supervised release, and that he
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would also plead guilty to the state registerable offense of
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procurement of miners to engage in prostitution, for which Epstein
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in the State Attorney's office would make a joint binding
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recommendation that he'd be sentenced to serve at least twenty
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months in prison, followed by ten months the community's control
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home confinement. Although not specified in the draft agreement, the
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negotiations evidently expected the federal and state terms would run concurrently.
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In addition to payment of restitution, Epstein would not oppose
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jurisdiction of victim status for any of the victims identified
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in the federal investigation at that point, specified as numbering
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forty who elected the file suit for damages under US
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Code eighteen, section twenty two to fifty five. Laurie, however,
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quickly made clear that he was not in favor of
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that proposal. In response to Villafauna's email about the potential
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federal charges, but after Villafauna sent the proposal to Lefkowitz,
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Lourie told her the assault charge sounds like a stretch
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and factually is sort of silly. Louri also told Slowman,
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A Costa, and another supervisor that he did not like
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the assault charge and believed that it would not go
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smooth and every judge. A Costa responded, if we need,
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let's find a different charge. On Saturday, September fifteenth, two
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thousand and seven, Villa Fauna emailed Leftkowitz using her personal
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email address, reporting that she had gotten some negative reaction
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to the assault charge and suggesting a different factual scenario
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to support a federal charge. At this point, Slowman left
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on vacation, and he informed Acosta in Villa Fauna that
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in his absence, Lourie had agreed to help finalize this.
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Laurie spent the following work week at his new post
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at the Department in Washington, d C. But communicated with
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his USAO colleagues by phone and email. In a Sunday
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September sixteenth, two thousand and seven, email, Villa Fauna informed
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left Kwitz that she had drafted a factual proffer to
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accompany a revised hybrid federal plea proposal. In that email,
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Villa Fauna also noted that she was considering filing charges
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in the Federal days District Court in Miami, which will
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hopefully cut the press coverage significantly. This email received considerable
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attention twelve years later when it was made public during
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the CVRA litigation, and was viewed as evidence of the
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usao's efforts to conceal the NPA from the victims. Villa Fauna, however,
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explained to OPR that she concerned that news media coverage
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would violate the victim's privacy. She told OPR, if the
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victims wanted to attend the plea hearing, I wanted them
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to be able to go into the courthouse without their
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faces being splashed all over the newspaper, and that such
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publicity was less likely to happen in Miami, where the
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press in general does not care about what happens in
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Palm Beach. Lefkowitz responded to Villa Fauna with a revised
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version of her latest proposed hybrid plea agreement in a
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document entitled Agreement Significantly, the defense proposal introduced two new provisions.
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The first related to four female assistants who had allegedly
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facilitated Epstein in his criminal scheme. The defense sought a
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government promise not to prosecute them, as well as certain
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other unnamed Epstein employees, and the promise to forego immigration
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proceedings against two of the female assistants. Epstein fulfilling the
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terms and conditions of the agreement also precludes the initiation
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of any and all criminal charges which might otherwise in
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the future be brought against four named female assistants or
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any employee of a specific Epstein owned corporate entity for
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any criminal charge that arises out of the ongoing federal investigation. Further,
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no immigration proceeding will be instituted against two named female
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assistants as a result of the ongoing investigation. The second
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new provision related to the usao's efforts to obtain Epstein's computers.
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Epstein fulfilling the terms and conditions of the agreement resolves
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any and all outstanding legal process that have requested witness, testimony,
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and or production of documents and or computers in relation
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to the investigation that is the subject of the agreement.
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Each legal process will be withdrawn upon the execution of
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the agreement, and it will not be reissued absent reliable
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evidence of a violation of the agreement. Epstein and his
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council agree that the computers that are currently under the
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legal process will be safeguarded in their current condition by
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Epstein's council or their agents until the terms and conditions
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of the agreements are fulfilled. Later that day, Villa Fauna
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sent left Kowitz a lengthy email to convey two options.
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Lourie had suggested the original proposal for a state plea,
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but with an agreement for an eighteen month sentence or
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please to stay charges and to federal obstruction of justice charges.
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Villa Fauna also told Lefkowitz she was willing to ask
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Acosta again to approve a federal plea to a five
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year conspiracy with Rule elevency binding recommendation for a twenty
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month sentence. Villa Fauna explained as to the timing, it's
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my understanding that mister Epstein needs to be sentenced in
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the state after he is sentenced in the federal case,
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but not that he needs to plead guilty and be
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sentenced after serving his federal time. And he recommended that
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some of the timing issues be addressed only in the
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state agreement, so that it is an obvious to the
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judge that we are trying to create federal jurisdiction for
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prison purposes. With regard to the prosecution of individuals other
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than Epstein, Vila Fauna suggested standard federal plea agreement language
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regarding the resolution of all criminal liability, and I will
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mention co conspirators, but I would prefer not the highlight
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for the judge all of the other crimes and all
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of the other persons that we could charge. Villafauna told
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OPR that she was willing to include a non prosecution
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provision for Epstein's co conspirators, who at the time she
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understood to be the four women named in the proposed agreement,
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because the USAO was not interested in prosecuting those individuals
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if Epstein entered a plea. Vilafauna told OPR, we considered
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Epstein to be the top of the food chain, and
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we wouldn't have been interested in prosecuting anyone else. She
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did not consider the possibility that Epstein might be trying
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to protect other unnamed individuals, and no one, including the
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FBI case agents, raise that concern. Villa Fauna also told
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OPR that her reference to all of the other crimes
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and all of the other persons that we could charge
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related to her concern that if the plea agreement contained
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information about uncharged conduct, the court might ask for more
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information about the conduct and inquire why it had not
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been charged, and if the government provided such information, Epstein's
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attorneys might claim the agreement was breached. With regard to immigration,
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Villa Fauna told OPR that the USAO generally did not
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take any position in plea agreements on immigration issues, and
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that in this case, there is no evidence that either
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of the two assistants, who were foreign nationals, had committed
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fraud in connection with their immigration paperwork, and I think
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that they were both in status, so there wasn't any
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reason for them to be deported as to whether the
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foreign nationals would be removable by virtue of having committed crimes,
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Villafana told OPR she did not consider her role as
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seeking removal apart from actual prosecution. Villa Fauna concluded her
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email to left Kowitz by expressing disappointment that they were
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not closer to resolving this than it appears that we are,
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and offering to meet the next workday on the agreement.
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Can I suggest that tomorrow we either meet live or
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via teleconference, either with your client or having him within
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a quick phone call to hash out these items. I
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was hoping to work only a half day tomorrow to
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save my voice for Tuesday's hearing if necessary, but maybe
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we can set a time to meet. If you want
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to meet off campus somewhere, that's fine. I will make
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sure that I have all the necessary decision makers present
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or on call as well. Villa Fanna told OPR that
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she offered to meet left Kowitz away from the USAO
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because conducting negotiations via email was inefficient and Villa Fanna
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wanted to have a meeting where she sat down and
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just finalized things. And what I meant by off campuses
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sometimes people feel better if you go to a neutral
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location for a face to face meeting. On the morning
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of Monday, September seventeenth, two thousand and seven, the USAO supervisor,
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who was taking over Lori's duties as manager of the
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West Pond Beach office, asked Villa Fauna for an update
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on the plea negotiations, and she forward to him the
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email she had sent to left Kowitz the previous afternoon.
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Villa Fauna told the manager, as you can see, there
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are a number of things in their last draft that
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were unacceptable, all of the loopholes that I sewed up
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that they tried to open. Shortly thereafter, Villa Fauna alerted
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the new manager, Acosta, and Laurie that she had just
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spoken with Lef Kowitz, who advised that Epstein was leaning
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towards a plea to stay charges under a non prosecution
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agreement and she would be forwarding to left Kowitz our
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last version of the non prosecution agreement. Acosta asked that
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Villa Fauna make sure that they know it's only a
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draft and reminded her that the form and language may
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need polishing. Fauna responded, absolutely, there were a lot of
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problems with their last attempt. They tried to reopen all
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of the loopholes that I had sown shut. Villa Fauna
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sent to Leftkowitz the draft NPA that she had provided
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to left Court on September eleventh, two thousand and seven,
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noting that it was the last version and would avoid
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him having to reinvent the wheel. She also updated the
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FBI case agents on the status of negotiations, noting that
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she had told her chain of command that we are
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still on for the September twenty fifth meeting to bring
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charges no matter what. After receiving the draft NPA, left
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Kowitz asked Villa Fauna to provide for his review a
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factual proffer for a federal obstruction of justice charge, and
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with that respect to the NPA, option asked, if we
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will go that route, would you intend to make the
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deferred prosecution agreement public? Villafana applied that while a federal
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plea agreement would be part of the court file and
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publicly accessible, the NPA would not be made public or
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filed with the court, but it would remain part of
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our case file. It probably would be subject to an
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FOIA Freedom of Information Act request, but it's not something
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that we would distribute without compulsory process. Vilafanna told OPR
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that she believed Epstein did not want the NPA to
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be made public because he did not want people to
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believe him to have committed a variety of crimes. As
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she explained to OPR, Villafana believed the NPA did not
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need to be disclosed in its entirety, but she anticipated
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notifying the victims about the NPA provisions relating to their
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ability to recover damages. All right, we're going to wrap
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up this episode here and in the next episode, we're
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going to pick up where we left off, and that's
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with E. The parties appear to reach agreement on a
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plea to federal charges. All of the information that goes
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with this episode can be found in the description box.
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What's up, everyone, and welcome back to the Epstein chronicles.
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In this episode, we're getting right back to the OIG
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report into the Jeffrey Evstein non prosecutor Agreement. E. The
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parties appear to reach agreement on a plea to federal charges.
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Negotiations continued the next day, Tuesday, September eighteenth, two thousand
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and seven, responding to Villa Fauna's revised draft of the NPA.
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Lefkowitz suggested that Epstein plead the one federal charge with
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a twelve month sentence, followed by a one year of
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supervised release with a requirement for home detention, and two
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years of state probation, with the first six months of
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the state sentence to be served under community control. Villafana replied,
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I know that the US attorney will not go below
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eighteen months of prison jail time, and I would strongly
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oppose the suggestion. Shortly thereafter, Villa Fauna email DaCosta Lori
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and the incoming West Palm Beach manager Hiaul. I think
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that we may be near the end of our negotiations
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with mister Epstein, and not because we have reached a resolution.
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As I mentioned yesterday, I spent twelve hours over the
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weekend drafting informations, changing plea agreements, and writing factual I
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was supposed to receive a draft agreement from them yesterday,
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which never arrived. At that time, they were leaning towards
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pleading only to stay charges and doing all of the
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time in state custody. Late last night I talked to
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Jay Lefkowitz, who asked about Epstein pleading to two twelve
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month federal charges, with half of his jail time being
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spent in home confinement pursuant to the guidelines. I told
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him that I had no objection to that approach, but
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in the interest of full disclosure, I did not believe
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that mister Epstein would be eligible because he will not
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be in Zone A or Zone B. This morning, Jay
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Lefkowitz called and said that I was correct, but if
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we could get mister Epstein down the fourteen months, then
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he thought he would be eligible. My response have him
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pleaded the two separate informations. On the first one he
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gets twelve months imprisonment, and on the second he gets
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twelve months with six served in home confinement, to run consecutively.
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I just received an email asking if mister Epstein could
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do to twelve months imprisonmen instead. As you can see,
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mister Epstein is having second thoughts about doing jail time.
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I would like to send Jay Lefkowitz an email stating
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that if we do not have assigned agreement by tomorrow
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at five, negotiations will end. I have selected tomorrow at
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five because it gives them enough time to really negotiate
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an agreement. If they are serious about it and if not,
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it gives me a day before the Jewish holiday to
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get prepared for Tuesday, September twenty fifth, when I planned
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the file charges, and it gives the office sufficient time
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to review the indictment package. Do you concur A few
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minutes later, the incoming West Palm Beach manager emailed Lourie,
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suggesting that Lori talked to Abstein and close the deal.
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Within moments, Lourie replied to the manager with a copy
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to Villafauna, reporting that he had just spoken with Lefkowitz
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and agreed to two federal obstruction charges twenty four month
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cap with non binding recommendation for eighteen months. When Epstein
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gets out, he has to plead to state offenses, including
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against minor registerable, and then take one year house arrest
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community confinement. By reply email, Villa Fauna asked Lourie to
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call her, but there is no record of whether they spoke.
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F Defense counsel offers new proposal substantially changing the terms
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of the federal plea agreement, which the USAO rejects. Approximately
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an hour after Lori's email reporting the deal he had
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reached with left Kowitz left. Kuwitz sent Villafauna a revised
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draft Plea agreement. Despite the agreement Lourie believed he and
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left Kowitz had reached that morning. Left kowitz proposal would
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have resulted in a sixteen month federal sentence followed by
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eight months of supervised release served in the form of
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home detention. Left Kowitz also inserted a statement in his
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proposal explicitly prohibiting the USAO from requesting, initiating, or encouraging
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immigration authorities to institute immigration proceedings against two of Epstein's
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female assistants. Villa Fauna circulated the Defense proposed plea agreement
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to Lori and to other supervisors and expressed frustration that
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the new Defense version incorporated terms that were completely different
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from what Jay just told Andy they would agree to.
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Villa Fauna also pointed out that the Defense wants us
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to recommend an improper calculation on the sentencing guidelines, and
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they added language waiving the preparation of a pre sentenced
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investigation so he can keep all of his information confidential.
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I have already told Jay that the PSI language was
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unacceptable from our office of even greater significance than a
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follow up email. Villa Fauna noted that the Defense had
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removed both the requirement that Epstein plead to a registrable
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offense and the entire provision relating to monetary damages under
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US Code eighteen, section twenty two fifty five. In the afternoon,
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Villa Fauna circulated her own proposed hybrid plea agreement, first
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internally to the management team with a note stating that
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it contains the eighteen and a half split that Jay
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and Andy agree to, and then to left Kowitz. Regarding
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the prosecution of other individuals, she included the following provision.
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This agreement resolves the federal criminal liability of the defendant
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and any co conspirators in the Southern District of Florida,
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growing out of any criminal conduct by those persons known
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to the USAO as of the date of this plea agreement,
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including but not limited to, conspiracy to solicit miners to
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engage in prostitution. In her email to lef Kowitz transmitting
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the plea agreement, Villafano wrote, could you share the attached
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draft with your colleagues? It is in keeping with Andy's
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communicated to me was the operative deal. The US Attorney
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hasn't had a chance to review all the languages but
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he agrees with it in principle. The West Palm Beach
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Manager and I will both be available at two. One
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of my suggestions is going to be again that we
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all sit down together in the same room, including Barry
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Krisher and lor Lana Bellohovlik, so we can hush out
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all of the still existing issues in and get ourselves
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as signed document. Villa Fauna also emailed Acosta directly telling
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him she planned to me with Epstein's attorneys to work
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on the plea agreement and asking if Acosta would be
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available to provide final approval. A Costa replied, I don't
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think I should be part of negotiations. I'd rather leave
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it to you, if that's okay. A Costa told OPR
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that absent truly exceptional circumstances, he believed it was important
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for him to not get involved in negotiations, and added,
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you can meet like I did in September to reaffirm
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the position of the office and back your ausa, but
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ultimately I think your trial lawyer needs discretion to do
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their job. Bila Fauna told OPR, however, that she did
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not understand Acosta to be giving her discretion to conduct
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the negotiations that she saw fit. Rather, she believed Acosta
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did not want to engage in face to face negotiations
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because he wanted to have an appearance of having sort
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of an arm's length from the deal. Villa Fauna replied
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to Acosta's message, that's fine. The West Palm Beach and
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I will nail everything down. We just want to get
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a final blessing. Negotiations continue throughout the day on Wednesday,
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September nineteenth, two thousand and seven, with Villafauna and left
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Kowitz exchanging emails regarding the factual profit for a plea
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and the scheduling of a meeting to finalize the plea
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agreement's terms. During the exchange, villa Fauna made clear to
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left Kowitz that the time for negotiating terms was reaching
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an end. I hate to have to be firm about this,
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but we need to wrap this up by Monday. I
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will not miss September twenty five, charging date when this
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is dragged on for several weeks already, and then if
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things fall apart, be left in a less advantageous position
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than before the negotiations. I have an eighty two page
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prosecution memo and a fifty three page indictment sitting on
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the shelf. Since May to engage in these negotiations, there
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has to be an ending date, and that date is Monday.
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Early that afternoon, Lorie, who participated in the week's negotiations
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from his new post in the Department in Washington, DC,
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asked Villa Fauna to furnish him with the last draft
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of the plea agreement she had sent to the Defense Council,
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and she provided him with an eighteen twelve split draft
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that she had sent to Lefkowitz the prior afternoon. After
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reviewing the draft, Lourie told Villa Fauna it was a
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good job, but he questioned certain provisions, including whether the
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usao's agreement to suspend the investigation and hold all legal
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process in abeyance should be in the plea agreement. Villa
439
00:25:28.160 --> 00:25:31.039
Fauna told Lori that she added that paragraph at the
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insistence of the Defense and opined, I don't think it
441
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hurts us. Villa Fauna explained to OPR that she held
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this view because Alex and people above me had already
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made the decision that if the case was resolved, we
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weren't going to get the computer equipment. At three forty
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four PM that afternoon Leftkowitz email the redline version of
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the federal plea agreement showing his new revisions, and noted
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that he was working on a deferred prosecution agreement because
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it may well be that we cannot reach agreement here.
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The Defense red line version required Epstein to plead guilty
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to a federal information charging two misdemeanor counts of an
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attempt to intentionally harass a person to prevent testimony, depending
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state indictment charging solicitation of prostitution, and the state information
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charging one count of coercing a person to become a
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prostitute in violation of Florida Statute Section seven ninety six
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dot four without regard to the age. Neither of the
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proposed state offenses required sexual offender registration. Epstein would need
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to serve an eighteen month sentence and a concurrent sixty
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months on probation on the state charges. The red line
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version again deleted the provisions relating to damages under US
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00:26:42.480 --> 00:26:45.880
Code eighteen, section twenty two fifty five and replaced it
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with the provisions requiring creation of a trust administered by
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the state court. It retained language proposed Bible La Fauna
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providing that plea agreement resolves the federal criminal liability of
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the defendant and any co conspirators in the Southern Day
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strict to Florida, growing out of any criminal conduct by
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those persons known to the USAO as of the date
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of this plea agreement, but also reinserted the provision promising
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not to prosecute Epstein's assistance and the statement prohibiting the
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USAO from requesting, initiating, or encouraging immigration proceedings. It also
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included a provision stating the government's agreement to forego a
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sentence in investigation and promise the government to suspend the
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investigation and withdraw all pending legal processes. All right, We're
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going to end this episode right here, and in the
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next episode we're going to pick up with g Villa, Fauna,
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and Lori recommend ending negotiations, but Acosta urges that they
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try to work it out. All of the information that
477
00:27:46.079 --> 00:27:49.680
goes with this episode can be found in the description box.
478
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What's up everyone, and welcome back to the Epstein Chronicles.
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In this episode, we're getting right back to the OIG
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report that was filed in relation to the Jeffrey Epstein
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non prosecution agreement g Villa Fauna and Lourie recommend ending negotiations,
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but Acosta urges that they try to work it out.
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00:28:11.319 --> 00:28:14.480
In the late afternoon of Wednesday, September nineteenth, two thousand
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00:28:14.519 --> 00:28:18.880
and seven, Villa Fauna expressed her increasing frustration to her supervisors.
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00:28:19.400 --> 00:28:22.559
She emailed the Defense redline version of the Plea agreement
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00:28:22.559 --> 00:28:26.440
to LORII and the incoming West Palm Beach manager, identifying
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00:28:26.480 --> 00:28:29.839
all the provisions she had specifically discussed with the defense
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00:28:29.880 --> 00:28:33.519
team and rejected that they had reinserted into the agreement.
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Villa Fauna opined, this is not a good faith negotiation.
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00:28:37.519 --> 00:28:40.400
Lourie responded that he would reach out to Alex to
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00:28:40.440 --> 00:28:45.119
discuss Lourie immediately emailed the cost of the following I
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00:28:45.160 --> 00:28:47.319
looked at the latest draft from Jay Lefkowitz, and I
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00:28:47.400 --> 00:28:50.880
must agree with Marie based on my own conversations with them.
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His draft is out of left field. He claims to
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00:28:54.240 --> 00:28:56.920
orally agree to our terms and then sends us a
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document that is the opposite. I suggest we simply tell
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00:29:00.319 --> 00:29:03.000
him that his counter offer is rejected and that we
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00:29:03.039 --> 00:29:07.559
intend to move forward with our case. Acosta replied, why
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00:29:07.599 --> 00:29:09.599
don't we just call him and tell them One you
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00:29:09.720 --> 00:29:13.160
agree and then change things. Two that's not acceptable and
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00:29:13.240 --> 00:29:16.079
it's in bad faith, stop it or will indict. Three
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00:29:16.119 --> 00:29:18.920
try to work it out. It seems that we are close,
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00:29:19.119 --> 00:29:21.680
and it's worth trying to overcome what has to be
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00:29:21.720 --> 00:29:26.359
painfully annoying negotiating tactics. Acosta told the OPR that he
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00:29:26.400 --> 00:29:29.839
recognized this negotiation was a pain, but if it was
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00:29:29.960 --> 00:29:33.079
right position, the fact that you've got annoying counsel on
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00:29:33.119 --> 00:29:35.920
the other side doesn't make it less of a right position.
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00:29:36.319 --> 00:29:38.440
You tell them to stop being annoying, You try to
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00:29:38.480 --> 00:29:41.359
work it out, and if not, then you indict. In
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00:29:41.400 --> 00:29:45.839
response to Acosta's instructions, Lourie responded, Okay, we'll do. He
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00:29:45.920 --> 00:29:49.319
also forwarded to Acosta the latest version of the USAO
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00:29:49.440 --> 00:29:52.160
draft Hybrid plea agreement that Villa Fauna had sent to
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00:29:52.240 --> 00:29:56.000
Lefkowitz the previous day, which Lauri had requested and obtained
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00:29:56.240 --> 00:30:00.400
from Villa Fauna earlier that afternoon. Meanwhile, Villa Fauna sent
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00:30:00.480 --> 00:30:03.799
to LORII and his successor West Palm Beach Manager a
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00:30:03.880 --> 00:30:06.759
draft message she proposed to send to Lefkowitz with her
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00:30:06.799 --> 00:30:10.400
objections to the defense revisions, explaining, I know that you
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00:30:10.519 --> 00:30:13.160
keep saying he is going to plead, and he will
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00:30:13.200 --> 00:30:15.920
plead if we cave on everything. But I really do
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00:30:16.000 --> 00:30:18.599
not think that mister Epstein is going to engage in
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00:30:18.640 --> 00:30:22.480
serious negotiations until he sees an indictment and it shows
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00:30:22.559 --> 00:30:26.400
up in mag federal magistrate judge court. She suggested charging
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00:30:26.400 --> 00:30:29.400
Epstein on a federal conspiracy charge, and if he refused
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00:30:29.440 --> 00:30:33.079
to plead to the offense, superseding with additional charges and
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00:30:33.160 --> 00:30:37.039
going to trial. She complained that after seven weeks of negotiations,
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00:30:37.200 --> 00:30:40.319
we are just spinning our wheels. Her proposed email to
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Lefkowitz detailed all of the objectionable provisions in his draft
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00:30:44.519 --> 00:30:47.640
and concluded, if you or your client insist on these,
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00:30:47.839 --> 00:30:51.279
there can be no plea agreement. H Acosta edits the
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00:30:51.279 --> 00:30:54.160
federal plea agreement and Villa Fauna sends a vinyl version
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00:30:54.279 --> 00:30:58.319
to the defense. The next day, Thursday, September twentieth, two
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00:30:58.359 --> 00:31:02.599
thousand and seven, Villa Fauna emailed Assistant State Attorney Bellohovlik
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00:31:02.839 --> 00:31:06.240
and informed her our deadline is Monday evening for assigned
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00:31:06.279 --> 00:31:09.680
agreement and arraignment in the federal system. At this time,
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00:31:09.759 --> 00:31:12.680
things don't look promising anyway. But I will keep you posted.
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00:31:13.200 --> 00:31:15.519
In their latest draft, they change what they agreed to
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00:31:15.519 --> 00:31:18.799
plead to in the state from solicitation of minors for
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00:31:18.880 --> 00:31:23.319
a prostitution a registrable offense, to forcing adults into prostitution
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00:31:23.680 --> 00:31:27.279
a non registrable offense. We will not budge on this issue,
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00:31:27.400 --> 00:31:29.960
so it's looking unlikely that we will reach a mutually
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00:31:30.000 --> 00:31:33.039
acceptable agreement. If that changes, I will let you know.
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00:31:34.039 --> 00:31:37.440
Acosta sent Lourie some thoughts about the USAO version of
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00:31:37.480 --> 00:31:40.640
the proposed hybrid federal plea agreement and received from LORI
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00:31:40.920 --> 00:31:44.839
the evening before, commenting that it seems very straightforward and
545
00:31:44.880 --> 00:31:49.640
we are not changing our standard charging language for the defense.
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00:31:50.119 --> 00:31:53.839
Noting that the draft was prepared for his signature. Acosta
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00:31:53.920 --> 00:31:57.319
told LORII that he did not typically sign plea agreements
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00:31:57.559 --> 00:31:59.799
and this should not be the first, adding that the
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00:31:59.920 --> 00:32:03.240
UAO should only go forward if the trial team supports
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00:32:03.279 --> 00:32:06.880
and signs this agreement. Lourie forwarded the email to Villa
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00:32:06.920 --> 00:32:10.680
Fauna with a transmittal message simply reading, I think alex
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00:32:10.759 --> 00:32:14.440
changes are all good ones. Please try to incorporate his suggestions,
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00:32:14.680 --> 00:32:17.200
change the signature block to your name, and send the
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00:32:17.200 --> 00:32:20.839
final to Jay Laurie also noted to Acosta in Villa
555
00:32:20.880 --> 00:32:23.519
Fauna that he believed the defense would want to go
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00:32:23.640 --> 00:32:26.119
back to the initial offer of a state plea with
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00:32:26.200 --> 00:32:29.680
a prosecution agreement. When Villa Fanna sent the revised plea
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00:32:29.720 --> 00:32:33.359
agreement to Lefkowitz later that afternoon, she advised him that
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00:32:33.400 --> 00:32:36.440
if the defense wanted to return to the original offer
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00:32:36.559 --> 00:32:39.599
of a state plea, only the draft NPA she had
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00:32:39.599 --> 00:32:42.519
sent to him on September seventeenth, two thousand and seven
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00:32:42.759 --> 00:32:47.200
would control I the defense rejects a federal plea agreement,
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00:32:47.319 --> 00:32:51.119
returns to the NPA stated only resolution, and begins opposing
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00:32:51.160 --> 00:32:56.720
the sexual offender registration requirement. After having spent days negotiating
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00:32:56.759 --> 00:32:59.680
the federal charges to be included in the plea agreement,
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00:32:59.799 --> 00:33:02.640
by the afternoon of September twentieth, two thousand and seven,
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00:33:02.839 --> 00:33:06.000
the defense rejected the federal plea option, and the parties
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00:33:06.039 --> 00:33:10.359
resumed negotiations over the details of the NPA, calling for
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00:33:10.400 --> 00:33:14.759
Epstein to plead to only stay charges. Through multiple emails
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00:33:14.839 --> 00:33:19.279
and attempts usuccessful to speak directly with Acosta and other supervisors,
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00:33:19.519 --> 00:33:23.920
defense attorneys vigorously fought the usao's insistence that Epstein plead
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00:33:23.960 --> 00:33:28.799
to a state charge requiring sexual offender registration. After receiving
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00:33:28.839 --> 00:33:32.759
the federal plea agreement, Lefkowitz spoke with Villafauna. She reported
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00:33:32.799 --> 00:33:35.400
to Acosta and Lorie that left Kowitz told her the
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00:33:35.480 --> 00:33:38.839
defense was back to doing the state charges only agreement
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00:33:39.279 --> 00:33:41.559
and wanted it until the middle of the following week
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00:33:41.799 --> 00:33:44.440
to work out the details, but that she had already
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00:33:44.480 --> 00:33:47.559
told the Defense Council that we need assigned agreement by
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00:33:47.599 --> 00:33:52.240
Tomorrow Friday or we're following charges. On Tuesday, left Kowitz
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00:33:52.279 --> 00:33:55.799
emailed Villafauna about the draft NPA that she had sent
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to him, pointing out that it called for a twenty
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00:33:58.160 --> 00:34:01.559
month jail sentence followed by ten months of community control
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rather than eighteen months in jail and twelve under community control,
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and to ask if the USAO had any flexibility on
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00:34:09.719 --> 00:34:13.639
the twenty two to fifty five procedure. Philifanna responded, the
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00:34:13.679 --> 00:34:16.639
eighteen and twelve has already been agreed to by our office,
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so that is not a problem. On the issue about
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eighteen US Code twenty two fifty five, we seem to
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be miles apart. Your most recent version only had me
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00:34:26.039 --> 00:34:28.760
binding the girls to a trust fund administered by the
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00:34:28.760 --> 00:34:31.760
State Court, but also promising that they will give up
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00:34:32.000 --> 00:34:35.280
their Section twenty two to fifty five rights. I reviewed
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00:34:35.280 --> 00:34:37.440
the email that I sent you on Sunday with the
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comments on some of your other changes. In the context
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of a non prosecution agreement, the office may be more
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willing to be more specific about not pursuing charges against others. However,
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as I stated on Sunday, the office cannot and will
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not bind immigration. Also, your timetable will need to move
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00:34:55.360 --> 00:34:58.440
up significantly. As State Attorney Barry Krisher said in our
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00:34:58.440 --> 00:35:00.840
meeting last week, his office can put together a plea
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00:35:00.880 --> 00:35:03.920
agreement and an information and get you all before the
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00:35:03.960 --> 00:35:06.440
state judge on a change of plea within a day.
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00:35:07.039 --> 00:35:10.719
Villafana alerted Krisher that evening that negotiations were not going
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00:35:10.840 --> 00:35:13.880
very well and the Defense Council changed their minds again
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00:35:14.239 --> 00:35:16.400
and they only want to plead to state charges, not
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concurrent state and federal. She added that if we cannot
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00:35:19.599 --> 00:35:22.079
reach an agreement, then I need to charge the case
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00:35:22.119 --> 00:35:25.119
on Tuesday, September twenty fifth, and I will not budge
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00:35:25.119 --> 00:35:28.639
from that date. In response to Villafana's report of her
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00:35:28.639 --> 00:35:32.000
conversation with Lefkowitz about the defense preference for a state
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00:35:32.079 --> 00:35:35.400
charge's only agreement. Laurie alerted her that he wants to
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00:35:35.400 --> 00:35:38.320
get out of the sexual offender registration, which we should
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00:35:38.360 --> 00:35:42.360
not agree to. LORI email DaCosta. I think Jay will
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00:35:42.400 --> 00:35:45.400
try to talk you out of the registrable offense, regardless
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00:35:45.440 --> 00:35:47.679
of the merits of his argument, in order to get
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00:35:47.760 --> 00:35:50.800
us down in time. They made us an offer that
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00:35:50.880 --> 00:35:54.280
included pleading to an offense against a minor encouraging a
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00:35:54.320 --> 00:35:57.400
minor into prostitution, and toubted that we should be happy
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00:35:57.440 --> 00:36:00.599
because it was registrable for that reason a lie. I
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00:36:00.639 --> 00:36:03.280
don't think we should consider allowing them to come down
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00:36:03.360 --> 00:36:06.039
from their offer, either on the issue or on the
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00:36:06.079 --> 00:36:10.960
time of incarceration. Lefkowitz attempted to reach Acosta that night,
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00:36:11.119 --> 00:36:14.360
but Acosta directed Villa Fauna to return the call and
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00:36:14.440 --> 00:36:16.800
told Louri that he did not want to open a
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00:36:16.840 --> 00:36:20.679
back channel with defense counsel. Laurie instructed Villa Fauna, you
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00:36:20.719 --> 00:36:23.239
can tell Jay that Alex will not agree to a
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00:36:23.320 --> 00:36:27.760
non registration offense. On the morning of Friday, September twenty first,
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00:36:27.880 --> 00:36:31.239
two thousand and seven, Villafana emailed Acosta informing them that
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00:36:31.320 --> 00:36:33.760
it looks like we will be filing charges against mister
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00:36:33.800 --> 00:36:37.360
Epstein on Tuesday, reporting that the charging package was being
631
00:36:37.400 --> 00:36:40.519
reviewed by the West Palm Beach manager and asking if
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00:36:40.559 --> 00:36:43.719
anyone in the Miami office needed to review it. Villa
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00:36:43.760 --> 00:36:47.199
Fauna also alerted LORII that she had spoken that morning
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00:36:47.239 --> 00:36:50.119
to Lefkowitz, who was waffling about Epstein pleading to a
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00:36:50.159 --> 00:36:54.199
state charge that required sexual offender registration, and she noted
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00:36:54.239 --> 00:36:56.920
that she would confer with Krisha and Bellehovlik to make
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00:36:56.920 --> 00:36:59.480
sure the defense doesn't try to do and end around.
638
00:37:00.159 --> 00:37:03.039
That same morning, Epstein attorney Sanchez, who had not been
639
00:37:03.039 --> 00:37:07.119
involved in negotiations for several weeks, emailed Slowman, advising, I
640
00:37:07.159 --> 00:37:09.840
want to finalize the plea deal and there is only
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00:37:09.880 --> 00:37:12.679
one issue outstanding, and I do not believe that Alex
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00:37:12.679 --> 00:37:15.320
has read all the defense submissions that would assist in
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00:37:15.320 --> 00:37:18.840
his determination on this point. Upon resolution, we will be
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00:37:18.840 --> 00:37:22.119
prepared to sign as soon as today. From his out
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00:37:22.159 --> 00:37:26.280
of town vacation, Sloman forwarded the email to Acosta, who replied,
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00:37:26.400 --> 00:37:29.960
enjoy your vacation working with Marie on this. Sloman also
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00:37:30.039 --> 00:37:33.480
forwarded Sanchez's email to LORII and asked, do you know
648
00:37:33.559 --> 00:37:37.199
what she's talking about? Laurie responded that Sanchez has not
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00:37:37.360 --> 00:37:40.920
been in any negotiations. Don't even engage with yet another
650
00:37:41.000 --> 00:37:45.920
cook Jay. The USAO agrees not to criminally charge potential
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00:37:45.920 --> 00:37:49.480
co conspirators. Lefkowitz, in the meantime, send Villa Fauna or
652
00:37:49.559 --> 00:37:53.400
revised draft NPA that proposed an eighteen month sentence in
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00:37:53.480 --> 00:37:56.679
the county jail, followed by twelve months a community control,
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00:37:56.920 --> 00:37:59.320
and restored the provision for a trust fund for the
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00:37:59.360 --> 00:38:03.480
disbursement to an agreed upon list of individuals whose seek
656
00:38:03.519 --> 00:38:07.280
reimbursement by filing suit pursuant to US Code eighteen, Section
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00:38:07.360 --> 00:38:10.840
twenty two fifty five. This defense draft retained the provision
658
00:38:11.079 --> 00:38:14.840
promising not to criminally charge Epstein's for female assistants and
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00:38:14.960 --> 00:38:19.480
unnamed employees of the specific Epstein owned corporate entity, but
660
00:38:19.599 --> 00:38:22.880
also extended the provision to any potential co conspirator for
661
00:38:22.960 --> 00:38:27.039
any criminal charge arising from the ongoing federal investigation. The
662
00:38:27.119 --> 00:38:30.360
language had evolved from similar language that Villa Fauna had
663
00:38:30.360 --> 00:38:34.559
included in the usao's earlier proposed draft federal plea agreement.
664
00:38:34.960 --> 00:38:40.320
Lefkowitz also again included the sentence, precluding the government from requesting, initiating,
665
00:38:40.440 --> 00:38:44.599
or recommending immigration proceedings against the two assistants who were
666
00:38:44.599 --> 00:38:49.239
foreign nationals. Villafauna set to left Kowitz her own revised NPA,
667
00:38:49.559 --> 00:38:52.800
telling him that it was her attempt at combining our thoughts,
668
00:38:52.840 --> 00:38:54.960
but it had not been approved by the office yet.
669
00:38:55.280 --> 00:38:59.199
She inserted solicitation of minors to engage in prostitution a
670
00:38:59.239 --> 00:39:02.840
registrable affairs as the charge to which Epstein would plead guilty,
671
00:39:03.159 --> 00:39:07.119
proposed a joint recommendation for a thirty month sentence divided
672
00:39:07.119 --> 00:39:09.880
into eighteen months in the county jail and twelve months
673
00:39:09.880 --> 00:39:13.360
of community control, and amended the two to twenty five provision.
674
00:39:13.880 --> 00:39:18.599
Villafauna's revision retained the provision superseding the investigation and holding
675
00:39:18.639 --> 00:39:22.400
all legal process in abeyance, and she incorporated the non
676
00:39:22.440 --> 00:39:25.880
prosecution provision while slightly altering it to apply to any
677
00:39:25.920 --> 00:39:29.880
potential co conspirator of Epstein, including the four named assistants,
678
00:39:30.159 --> 00:39:34.679
and deleting mention of the corporate entity employees. Finally, villa
679
00:39:34.719 --> 00:39:38.320
Fauna deleted mention of the immigration proceedings, but advised in
680
00:39:38.360 --> 00:39:41.280
her transmittle email that we have not and don't plan
681
00:39:41.400 --> 00:39:45.440
to ask immigration proceedings to be initiated. Later that day,
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00:39:45.519 --> 00:39:48.800
Villafauna alerted Lori, who had arrived in Florida from Washington,
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00:39:48.880 --> 00:39:51.960
d C. Early that afternoon, and the new West Palm
684
00:39:51.960 --> 00:39:55.199
Beach Manager, copying her first line supervisor in Co Council,
685
00:39:55.559 --> 00:39:58.679
that she had included language that Defense Council had requested
686
00:39:58.960 --> 00:40:02.800
regarding promises not to prosecute other people, and commented, I
687
00:40:02.840 --> 00:40:05.719
don't think it hurts us. There is no documentation that LORII,
688
00:40:05.880 --> 00:40:09.159
the West Palm Beach Manager, or anyone else expressed disagreement
689
00:40:09.400 --> 00:40:13.159
with Villafana's assessment. Rather, within a few minutes, Villa Fauna
690
00:40:13.320 --> 00:40:17.440
resent the email, adding that Defense Council now persisting in
691
00:40:17.440 --> 00:40:21.320
including an immigration waiver in the agreement, to which Lourie responded,
692
00:40:21.360 --> 00:40:23.239
no way, we don't put that sort of thing in
693
00:40:23.239 --> 00:40:26.639
a plea agreement. Villafana applied to Lorie, indicating that she
694
00:40:26.679 --> 00:40:29.840
would pass that along to Defense Council and adding any
695
00:40:29.840 --> 00:40:33.360
other thoughts. When Lourie gave no further response, Villa Fauna
696
00:40:33.559 --> 00:40:38.199
informed Defense Council that Lourie had rejected the proposed immigration language.
697
00:40:38.400 --> 00:40:42.000
OPR questioned the subjects about the usao's agreement not to
698
00:40:42.039 --> 00:40:46.280
prosecute any potential non co conspirators. Lourie did not recall
699
00:40:46.440 --> 00:40:49.639
why the USO's agreement to it, but he speculated that
700
00:40:49.719 --> 00:40:52.800
he left the provision in the NPA because he believed
701
00:40:52.800 --> 00:40:55.559
at the time that had benefited the government in some way.
702
00:40:55.920 --> 00:40:59.599
In particular, louri conjectured that the promise not to prosecute
703
00:40:59.599 --> 00:41:03.559
any angel co conspirators protected victims who had recruited others
704
00:41:03.760 --> 00:41:07.360
and thus potentially were co conspirators in Epstein's scheme. Laurie
705
00:41:07.480 --> 00:41:10.400
also told OPR, I bet the answer was that we
706
00:41:10.400 --> 00:41:13.960
weren't going to charge Epstein's accomplices because Acosta didn't really
707
00:41:14.000 --> 00:41:18.159
want to charge Epstein in federal court. Slowman similarly said
708
00:41:18.199 --> 00:41:21.039
that he had the impression that the non prosecution provision
709
00:41:21.400 --> 00:41:24.440
was meant to protect named co conspirators who were also
710
00:41:24.559 --> 00:41:28.320
victims in a sense of Epstein's conduct. Although later press
711
00:41:28.360 --> 00:41:31.519
coverage of the Epstein case focused on Epstein's connections to
712
00:41:31.599 --> 00:41:35.639
prominent figures and suggested that the non prosecution provision protected
713
00:41:35.679 --> 00:41:39.280
these individuals, Slowman told OPR that it never occurred to
714
00:41:39.360 --> 00:41:42.559
him that the reference to potential co conspirators was directed
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00:41:42.599 --> 00:41:45.760
towards any of the high profile individuals who were at
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00:41:45.760 --> 00:41:49.199
the time or subsequently linked with Epstein. Acosta did not
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00:41:49.239 --> 00:41:52.360
recall the provision or any other discussions about it. He
718
00:41:52.440 --> 00:41:55.599
speculated that if he read the non prosecution provision, he
719
00:41:55.800 --> 00:41:58.840
likely assumed that Villafana and Lourie had thought this through
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00:41:59.000 --> 00:42:01.880
and addressed it for a reason. The West Palm Beach manager,
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00:42:01.920 --> 00:42:05.239
who had only limited involvement at this stage, told OPR
722
00:42:05.320 --> 00:42:08.000
that the provision was highly unusual and he had no
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00:42:08.079 --> 00:42:11.679
clue why the USAO agreed to it. Villa Fauna told
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00:42:11.679 --> 00:42:14.719
OPR that, apart from the women named in the NPA,
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00:42:14.840 --> 00:42:18.840
the investigation had not developed evidence of any other potential
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00:42:18.840 --> 00:42:22.639
co conspirators, so we wouldn't be prosecuting anybody else, so
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00:42:22.679 --> 00:42:24.960
why not include it. I just didn't think that there
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00:42:25.039 --> 00:42:28.280
was anybody that it would cover. She conceded, however, that
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00:42:28.320 --> 00:42:30.079
it did not catch the fact that it could be
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00:42:30.159 --> 00:42:33.639
read as broadly as people have since read it. All right,
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00:42:33.679 --> 00:42:35.360
we're going to wrap up right there, and in the
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00:42:35.400 --> 00:42:37.760
next episode we're going to pick up with Part K.
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00:42:38.199 --> 00:42:42.119
The USAO rejects defense efforts to eliminate the sexual offender
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00:42:42.199 --> 00:42:45.920
registration requirement. All of the information that goes with this
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00:42:46.000 --> 00:42:48.760
episode can be found in the description box.