Document 32-1

Case 1:19-cr-00490-RMB Document 32-1 Filed 07/18/19 Page 1 of 4 Case 9:08-cv-80736-KAM Document 361-11 Entered on FLSD Docket 02/10/2016 Page 2 of 3 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [JLefkowitz@kirkland.com] To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Date: Thursday, September 13, 2007 7:35 PM Sounds good. I will be at home. Let's talk at 9 am. the same statutes. Look forward 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. Do you want to take a look at 18 USC 403, 18 USC 1512(d), and 47 USC 223(a)(1)(B) and we can talk about them tomorrow? I know that someone mentioned there being activity on an airplane, I just want to make sure that there is factual basis for the plea at the agents can confirm. I'm not sure exactly where I will be tomorrow morning, so is it alright if I 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 tomorrow? Thanks. Jay ****************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for 1 RFP MIA 000075 DOJ-OGR-00000505 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 32-1 Filed 07/18/19 Page 2 of 4 Case 9:08-cv-80736-KAM Document 361-11 Entered on FLSD Docket 02/10/2016 Page 3 of 3 the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ******************************************************************* ******************************************************************* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ******************************************************************* 2 RFP MIA 000076 DOJ-OGR-00000506 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 32-1 Filed 07/18/19 Page 3 of 4 Case 9:08-cv-80736-KAM Document 361-10 Entered on FLSD Docket 02/10/2016 Page 2 of 2 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) To: 'Jay Lefkowitz' Subject: Draft Agreements? Date: Tuesday, September 18, 2007 8:44 AM Hi Jay - I was hoping there would be things for me to read this morning, 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 [REDACTED]. 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 [REDACTED] father, forcing him off the road. Or, if there is something more recent related to any [REDACTED] we could consider that. Hope that helps. A. Marie Villafaña Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 RFP MIA 000095 DOJ-OGR-0000507 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 32-1 Filed 07/18/19 Page 4 of 4 Case 9:08-cv-80736-KAM Document 361-9 Entered on FLSD Docket 02/10/2016 Page 2 of 2 Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [JLefkowitz@kirkland.com] Sent: Wednesday, September 19, 2007 11:36 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Draft Agreements? Confidential - For settlement purposes only Still working on redline. But pls 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 Southern 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 . 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 I anna to determine their availability. Thanks. A. Marie Villafaña Assistant U.S. Attorney ******************************************************************* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this RFP MIA 000133 DOJ-OGR-00000508