EFTA00014110.pdf

U.S. Department of Justice
United States Attorney
Southern District of Florida

West Palm Beach, FL 33401
Facsimile: [Redacted]

November 24, 2008

DELIVERY BY ELECTRONIC MAIL
Roy Black, Esq.
Black Srebnick Kornspan & Stumpf P.A.
[Redacted]
Miami, FL 33131

Re: Jeffrey Epstein

Dear Roy:

On Thursday I learned that Mr. Epstein applied for and was admitted to the Palm
Beach County Sheriff’s Office’s work release program and that he has been on work release
for the past few weeks. For the following reasons, the Office believes that Mr. Epstein’s
application to and participation in the work release program is a material breach of the Non-
Prosecution Agreement. Accordingly, the United States demands that Mr. Epstein withdraw
his application to participate in the program and complete his eighteen-month term of
imprisonment in accordance with the Non-Prosecution Agreement.

The Non-Prosecution Agreement provides that Epstein “shall be sentenced to
consecutive terms of twelve (12) months and six (6) months in county jail for all charges,
without any opportunity for withholding adjudication or sentencing, and probation or
community control in lieu of imprisonment.” I have more than a dozen e-mails between
myself and Jay Lefkowitz discussing the U.S. Attorney’s insistence on eighteen months of
incarceration. You will recall that at one meeting you and Ms. Sanchez raised the idea of Mr.
Epstein hiring Sheriff’s Deputies to guard him as equivalent to imprisonment. Mr. Acosta
specifically rejected that suggestion. It is our understanding from the Sheriff’s Office that
Mr. Epstein is paying off-duty Sheriff’s Deputies to guard him while he “works” at Mr.
EFTA00014110

ROY BLACK, ESQ.
NOVEMBER 24, 2008
PAGE 2 OF 4

Goldberger’s office building each day.

As you remember, shortly before Mr. Epstein’s change of plea, Mr. Goldberger sent
me a copy of the proposed plea agreement with the state. On June 27, 2008, I sent a letter
containing the following language to you and Mr. Goldberger:

The U.S. Attorney’s Office hereby provides Notice that the proposed sentencing
provision does not comply with the terms of the Non-Prosecution Agreement.

The second sentencing paragraph of the proposed plea agreement reads:

On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control
I (one). As a special condition of this Community Control, the Defendant must serve
the first 6 months in the Palm Beach County Detention Facility . . .

The Non-Prosecution Agreement specifically provides:

Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6)
months in county jail for all charges, . . . without probation or community control in
lieu of imprisonment.

Thus, the proposed plea agreement with the State Attorney’s Office does not comply
with the terms of the Non-Prosecution Agreement. To comply with the Agreement,
Mr. Epstein must make a binding recommendation of eighteen months imprisonment,
which means confinement twenty-four hours a day at the County Jail, and the judge
must accept that recommendation. Community control must follow that term of
incarceration.

(Emphasis in original.)

As I specified in that letter, the Non-Prosecution Agreement calls for “confinement
twenty-four hours a day.” In response to that letter, Mr. Goldberger agreed that he would
revise the state plea agreement to include the word “imprisonment” to make clear that Mr.
Epstein would be incarcerated for the full eighteen months and would change the language
of the state agreement to match the language of the federal agreement. Mr. Goldberger and
I also discussed the situation and he made clear that Mr. Epstein would not be asking for or
receiving work release and would remain in jail “around the clock.”

In early August, [Redacted] and I raised the same issue with you when we heard
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ROY BLACK, ESQ.
NOVEMBER 24, 2008
PAGE 3 OF 4

that Mr. Epstein was considering applying for work release. On August 6, 2008, Ms.
[Redacted] and I had a conference call with you wherein you again stated that Mr. Epstein
would not apply for or receive work release and would spend his eighteen months
incarcerated twenty-four hours a day at the Palm Beach County Stockade.

In preparation for this letter, I obtained a certified copy of Mr. Epstein’s state court
file. On June 30, 2008, on the procurement of minors charge, Judge Pucillo entered the
following sentence:

The defendant is hereby committed to the custody of the Sheriff of Palm Beach
County, Florida for a term of 6 mos. It is further ordered that the Defendant
shall be allowed a total of 1 days [sic] as credit for time incarcerated prior to
imposition of this sentence. It is further ordered that the composite term of all
sentences imposed for the counts specified in the order shall run consecutive
to the following: Specific sentences: 2006CF9454AXX.

. . . the following provisions apply to the sentence imposed: . . . Followed by
a period of 12 mos on community control I under the supervision of the
Department of Corrections . . . .

As I learned on Friday when I received the state court file, you neglected to inform
our Office that, on July 21, 2008, Judge McSorley modified the judgment nunc pro tunc to
an “Order of Community Control I.” This same language was the basis for the objection in
my letter of June 26, 2008 and directly contradicts the language of the Non-Prosecution
Agreement. I also note that, on the state plea agreement, Mr. Goldberger did not insert the
word “imprisonment” as agreed prior to the change of plea, instead the words “jail sentence”
are included.

The Office’s Agreement not to prosecute Mr. Epstein was based upon its
determination that eighteen months’ incarceration (i.e., confinement twenty-four hours a day)
was sufficient to satisfy the federal interest in Mr. Epstein’s crimes. Accordingly, the U.S.
Attorney’s Office hereby gives notice that Mr. Epstein has violated the Non-Prosecution
Agreement by failing to remain incarcerated twenty-four hours a day for the eighteen-month
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ROY BLACK, ESQ.
NOVEMBER 24, 2008
PAGE 4 OF 4

term of imprisonment. The United States will exercise any and all rights it has under the
Non-Prosecution Agreement unless Mr. Epstein immediately ceases and desists from his
breach of this Agreement.

Sincerely,

R. Alexander Acosta
United States Attorney

By: [Redacted]
Assistant United States Attorney

cc: [Redacted], Chief, Northern Division
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