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Case 22-1426, Document 77, 06/29/2023, 3536038, Page112 of 258
SA-110
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 110 of 348

The parties anticipate that this agreement will not be made part of
any public record. If the United States receives a Freedom of
Information Act request or any compulsory process commanding
the disclosure of the agreement, it will provide notice to Epstein
before making that disclosure.128

VII. SEPTEMBER 24, 2007: ACOSTA MAKES FINAL EDITS, AND THE NPA IS
SIGNED

The contemporaneous emails show that Villafaña continued to update Acosta as the parties
negotiated the final language and that Acosta reviewed and edited the NPA. Shortly after midnight
on Monday, September 24, 2007, Acosta sent Villafaña “[s]mall edits” to the “final” NPA she had
sent to him. Among his changes was language modifying provisions that appeared to require the
State Attorney’s Office or the state court to take specific actions, such as requiring that Epstein
enter his guilty plea by a certain date. Acosta explained in his email, “I’m not comfortable with
requiring the State Attorney to enter into a [joint sentencing] recommendation” or “requiring a
State court to stick with our timeline” for entry of the guilty plea and sentencing. Accordingly,
Acosta substituted language that required Epstein alone to make a binding sentencing
recommendation to the state court, and required Epstein to use his “best efforts” to enter his guilty
plea and be sentenced by the specified dates. Acosta also instructed Villafaña to restore a reference
to Epstein’s wish “to reach a global resolution of his state and federal criminal liabilities.” Lourie,
who had returned to the Department in Washington, D.C., had a phone conversation with
Lefkowitz and sent additional comments on the final draft to Acosta and Villafaña. Villafaña sent
a new revision, incorporating edits from Acosta and Lourie, to Lefkowitz later that morning.

On the afternoon of September 24, 2007, Villafaña circulated the new “final” version of
the NPA to Acosta, Sloman, Lourie, and other supervisors, and asked Lefkowitz to send her the
signed agreement. After Lefkowitz electronically transmitted to Villafaña a copy of the NPA
signed by Epstein, she emailed her immediate supervisor and her co-counsel: “They have scanned
and emailed the signed agreement. It is done.”

In his transmittal email, Lefkowitz asked Villafaña to “[p]lease do whatever you can to
keep this from becoming public.” Villafaña responded:

I have forwarded your message only to Alex, Andy, and [the West
Palm Beach manager]. I don’t anticipate it going any further than
that. When I receive the originals, I will sign and return one copy
to you. The other will be placed in the case file, which will be kept
confidential since it also contains identifying information about the
girls.

When we reach an agreement about the attorney representative for
the girls, we can discuss what I can tell him and the girls about the

128 In commenting on OPR’s draft report, Lourie observed that because the NPA contained names of uncharged
co-conspirators and other protected information, the USAO would have a duty to redact the information before
disclosing the NPA.

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