20N-30-20080H0H) 10:08
INRE:
INVESTIGATION OF
JEFFREY EPSTEIN
/
NON-PROSECUTION AGREEMENT.
IT APPEARING that the City of Pelm Beach Police Department and the State
Attomey’s Office forthe 15th Judicial Cieuit in and for Palm Beach Couaty (hereinafter,
the “State Attorney's Office”) heve conducted an investigation into the conduct of Jeffrey
Epotein (hereinafter “Epstein”);
IT APPEARING that the State Attomey’s Office has charged Epstein by indictment
‘with solicitation of prostitution, in violation of Florida Statutes Section 796.07,
TP APPEARING thatthe United Siates Attorney's Office and the Federal Buresu of
Ynyestigation have conducted their own investigation into Epstein’s background and any
offenses thal may have been committed by Epstein against the United States from in or
around 2001 through in or around September 2007, including:
aM
Q
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a
knowingly and willfully conspiring with others known and unknown 0
‘commit an offense against the United States, thats, to use facility or means
of interstate or foreign commerce to knowingly persuade, induce, or entice
‘minor females to engage in prostitution, in violation of Title 18, United States
Code, Section 2422(); alla violation of Title 18, United States Code, Section
30;
‘knowingly and willfully conspiring with others mown and uaknown to travel
in interstate commerce for the purpose of engeging in Mlicit sexual conduct, as
defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18,
‘United States Code, Section 2423(b); all in violation of Title 18, United States
Code, Seetion 2423(€);
‘using a facility or means of interstate or foreign commerce to knowingly
persuade, indves, or entice minor femeles to engage in prostitmtion; in
violation of Title 18, United States Code, Sections 2422(b) and 2;
traveling in interstate commerce for the purpose of engaging in illicit smeusl
conduct, as defined in 18 U.S.C. § 2423()), with minor females; in violation
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F. uubewieJUN-30-2008(HOR) 10: 06
of Title 18, United States Code, Section 2423(b); and
() knowingly, in and affecting intersttc ond foreign commerce, reeniting,
enticing, and obiaizing by any means a person, imowing that the person bad
not attained the ago of 18 years and would be caused to eagege in &
commercial sex act as defined in 18 U.S.C. § 1591(¢)(0); in violation of Title
18, United States Code, Sections 1591(a)() and 25 and
IT APPEARING that Fpstcin seeks to resolve globally his state and federal criminal
lisbility and Epstein understands and acknowledges that, in exchange for the benefits
provided by thisagreement, he agrees tocomply with ts tems, including undertaking certain
actions withthe State Attorney's Office;
ITAPPEARING, after an investigation of the offenses and Epsten!s bckground by
‘both State ard Federal Jew enforcement agencies, and after due consultation with the State
Attomey's Office, that the interests of the United States, the State of Florida, and the
‘Defendant will be served by the following procedure;
‘THEREFORE, on the authority of R. Alexander Acosta, United States Anomey for
the Southern District of Florida, prosecution in this District for these offenses shall be
seferred in favor of prosecution by the Stats of Florida, provided that Epstein abides by the
following conditions and the requirements of this Agreement set forth below,
IF the United States Attomey should determine, based on reliable evidence, thit,
during the period of the Agreement, Epstein willfally violated any of the conditions ofthis
‘Agreement, then the United States Attomcy may, within ninety (90) days following the
cexpirntion ofthe term of home confinement discussed below, provide Epstein with timely
notice specifying the condition(s) ofthe Agreement thathe has violated, and shall initats its
prosccution on any offense within sixty (60) days’ of giving notice of the visstion. Any
notice provided to Bpstein pursuant to tis paragraph shal be provided within 60 days ofthe
‘United States Jearning of facts which mey provide 8 basis fora detecmination ofa breach of
the Agreement
Afier timely fulfilling all the terms and conditions of tbe Agreement, no prosecution
forthe offenses set out onpagges 1 sud? ofthis Agrcement, nor any other offenses that have
been the subject of the joint investigation by the Federal Bureau of Investigation and the
United States Attorneys Office, nor any offenses that arose from the Federal Grand Jury
investigation will be instituted in this District, andthe charges agninst Epstein if ny, willbe
dismissed.
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p.uucsureJuN-30-2008 (MOM) 10:06
P, 006/018
‘Tems of the Agreement:
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2
6
Epstein shall plead guilty (aot nolo contendere) to the Indieunent as
‘currently pending against him in the 15th Judicial Circuit n and for
Palm Beach County (Case No. 2006-:7:009495AXXXMB) charging
‘one (1) count of solicitation of prosttition, in violation of FL, Sia. §
796.07. In addition, Epstein shall plead guilty to an Information fled
by the State Attomey’s Office changing Epstein with un offense that
requires him to register as a sex offender, that is the solfitation of
minors to engage in prostitution, in violation of Florida Statutes Section
796.03;
Epstein shall make a binding recommendation that the Court impose «
thirty (30) month sentence to be divided as follows:
(@) Epstein shall be sentenced to consecutive terms of twelve (12)
months and aix (6) months in county jail forall charges, without
any opportunity for wittholding adjudication or ssateoring, and
without probation or community control in Len of
imprisonment; and
(b) —_Epstcin shall be sentenced to a tern of twelve (12) months of
‘community contol consecutive to his two terms in county jell
as described in Term 2(0) supra,
‘This agreement is cantingest upon a Judge ofthe 15th Judicial Ciruit
accepting and executing tho sentence agreed pon between the State
“Attomey's Office and Epstein, the details of which are set forth inthis
agreement.
‘The terns contained in paragraphs 1 and 2, supra, do not foreclose
Epstein and the State Attomsy’s Office from agreeing to recommend
ny additional charge(s) or exy additional tero(s) of probation and/or
incarceration.
Epstein shall waive all challenges tothe Information filed by the State
‘Attomey’s Office and shall waive thecight to appeal his conviction and
sentence, except e sentence that exceeds what is set forth in paragraph
(Q), supra.
Epstein shall provide to the US. Atomey’s Office copies of all
Page 3 of 7JuN-30-2008(MON) 10:06
8
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10.
i
proposed agresments with the State Attomncy"s Office prior to entering
into those agreements,
‘The United States shall provide Epstein’s attomeys with a list of
{ndivicuals whom it has identified as victims, as defined in 18 U.S.C.
§ 2255, after Epstein has signed this agreement and been seatenced.
‘Uponthe execution of thisagreement, the United States, in consultation
swith and subject to the good faith approval of Epstein’s counsel, shal
select anattomey representative forthese persons, who hall be paid for
by Epstein. Epsteia’s counsel may contact the identified individuals
through that representative.
If any of the individuals referred to in paragraph (7), supra, elects to
file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the
Jurisdiction ofthe United States District Court for the Southern District
of Florida over his person and/or the subject matter, end Epstein waives
isrightto contest iability and also waiveshisrightto contest damages
up to sm amount as agreed to between the idestified individual wad
Epstein, so long as the identified individual elects to proceed
exclusively under 18 U.S.C. § 2255, and agrees to waive any other
claim for damages, whether pursuant to state, federal, or common law,
‘Notwithstanding this waiver, ws to those individuals whose names
appear on the list provided by the United States, Epstein’ssignstare on
this agroement, his waivers and feilures to contest ibility and such
damages in any suit are not to be construed as an admission of say
criminal or evil Habit.
Epstein’s signature on this agreement also is notto be constraed 2s an
admission of civil or oriminal ibility ora waiver of any jurisdictional
or other defense as to any person whose name does not appear on the
list provided by the United States.
Except as to those individuals who clect to proceed exclusively under
18 U.S.C, §2255, asset fort in paragraph (8), supra, neither Epsicin's
signature on this agreement, nor its tems, norany resulting waivers ot
settlements by Fpstein are to be construed 2s admissions or evidenesof
civil or criminal liability or a waiver of any jurisdictional or other
defense as to any person, whether or not her name appears on the Ist
provided by the United Statcs,
Epstein shall use his best efforts to enter his guilty plea andbe
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poag/araSt
|-2008(MON) 10:08
senlenced not later then October 26, 2007. The United States has no
__cbjection to. Epstein self-reporting to-begin serving his sentence not
Inter than Isnuary 4, 2008, ;
12, Epstein agrees thot he will notbe afforded sny benefits with respect to
gaintime, other thm the rights, opportunities, and benefits as any other
inmate, including but not limited to, eligibility for gain time credit
based on standard rules and regolations that apply in the State of
Florida. At the United States’ request, Epstein agrees to provide am
accounting of the grin time be camed during his period of
jncerceration.
13, . The parties anticipate that this spreeameut will not be made pert of any
public record. Ifthe United States receives « Freedom of Information
‘Actrequest or any compulsory process commanding the disclosure of
the agreement, it will provide notice to Epstein before making that
disclosure.
Epstein understands that the United States Attorney has no authority to require the
State Attomey's Office to abide by any ters ofthis agreement. Epstein understands that
it is his obligation to undertake discussions with the State Attomey’s Office and 10 use his
bestefforts to ensure compliance withtese procedures, which compliance will bencceseary
ro satisfy the United States” interest. Epsicin also undcistands that iis his obligation to use
his best efforts to convince the Judge ofthe 15th Judicial Cieuitto accept Epstein’s binding
recommendation regarding the seatence to be imposed, and understands that the failure to
do 30 will bea breach of the agreement,
In consideration of Epstcin’s agreementto plead guilty and to provide compensation
inthe mannee described above, if Bpetein successfully fulfills all ofthe terms nd conditions
of this agreement, the United States also agrees that twill nt institute any ctininal charges
against any potential co-conspirators of Epstein, including bur not limited to Sarah Kellen,
‘Adciana Ross, Lesley Groff, or Nadia Marcinkova. Farther, upon execution of this
‘agreement and a plea agreement with the State Attomey’s Office, the federal Grand Jury
jvestigation will be suspended, and all pending federal Grand Jury subpoenas will beheld
in abeyance unless and until the defendant violates any term of his agreement. The
defendant likewise agroes to withdraw his pencling motion o intervene and to quash certain
and jury subpoenas, Both partcs agree to mafcinin their evidence, specifically evidence
requested by or directly related to the grand jury subpoczas thet bave been issued, and
jncluding certain computer equipment, inviolate unti all ofthe temas of this agreementhave
‘been satisfied Upon the successful completion of the terms of this agrecinent, all
outstanding grand jury scbpoenas shall be deemed withdrawn,
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P.o1gsordJUN-30-2008(HOM) 10: 06
_By signing this agreement, Epstein asserts and certifies that each of these terms is
material to this agreement and is supported by independent consideration and thar a breach
of any one of these conditions allows the United States to lect to terminate the agreement
‘and to investigate and proscoute Epstein and any other individual or entity for any and all
federal offenses.
‘By signing this agreement, Epstein asserts and certifies thathe is aware ofthe fat thet
the Sixth Amendment to the Constitution of the United States provides that in all criminal
prosecutions the accused shall cnjoy the right to a speedy and public trial. Epstein further
fs aware that Rie 48) of the Federal Rules of Criminal Procedure provides that the Court
‘ay dismiss an indictment, taformation, or complaint for umecessary delay in preszting
charge tothe Grand Jury, filing an information, orin bringing a defendant to wial. Epstein
‘hereby requests that the United States Attomey forthe Southera District of Florida defer such
prosecution, Epstein agrees and consents that any delay from the date of this Agreement.
‘he date of fnitiztion of prosecution, as provided for in the ieans expressed bere, shall be
deemed to be a necessary delay at his own request, and he hereby waives any defense to such
prosecution on the ground that sueh delay operated to deny him rights under Rule 48(0) of
the Federai Rules of Criminal Procedure and the Sbria Amexdasent ta the Constitation ofthe
‘United States to a speedy trial orto bar the prosecution by reason ofthe running oftbestatwe
of limitations for a period of months equal to the period between the signing of this
agreement and the breach of this agreement as to those offenses that were the subject of the
‘grand jury's investigation. Epstein further asserts and certifies that he understands thatthe
Fisth Amendmem and Rule 7(a) of the Federal Rules of Criminal Procedure provide thatll
{felonies must be chaged in an indictment presented toa grand jury. Epstein hereby agrees
snd consents that, if prosecution against him is insted for any offense that was the
subject ofthe grend jury’s investigation, itraay be by way ofan Information signed nd filed
by the United States Attomey, and hereby waives his right obe indicted by a grand jury as
to any soch offense.
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Poli/uigJUN-30-2008 (HON) 10: 96 p.orevold
‘By signing this ugreement, Epstein agserts and certifies that the above has bees read.
nd explained to him. Bpstein hereby states thathe understands the conditions ofthis Non-
Prosecution Agresment and agroes to comply with them.
R. ALEXANDER ACOSTA
‘UNITED STATES ATTORNEY
Dated, By: =
K-MARE VELAFANA
ASSISTANT U.S. ATTORNEY
Dated: dhe
Dated:,
‘Dated:
‘LILLY ANN SANCHEZ, ESQ.
ATTORNEY FOR JEFFREY EPSTEIN
®
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Page 7 of 7suR-30-2008 (HON) 10:07 Puissula
By signing this agreement, Epstein asserts and eects thatthe shove bas bran read
snd explained tohim, Epstein hereby states tht be underssmds he conditions ofthis Nor-
Prosecution Agreement end agrees to comply wi them.
R, ALEXANDER ACOSTA
‘UNITED STATES ATTORNEY
Dated:
‘MARIE VILLAFARA
ASSISTANT US. ATTORNEY
Dated;
awa: _7 |2%/07
Dated:
DILCY ANN SANCHEZ, ESQ.
‘ATTORNEY FOR JEFFREY EPSTEIN
Page 7 of 7iui-30-2008(MON). 10: 07 Puierula
‘By signing this agrocmant, Epstcin asserts and cecifes thatthe above kas been read
‘and emplained to him. Epstein hereby sites that he understands the conditions ofthis Noo
Prosceution Agreement and agrees to comply with them.
3 ALEXANDER ACOSTA,
‘UNITED STATES ATTORNEY
Dated By
(A MARIE VILLAFANA
‘ASSISTANT US. ATTORNEY
Dated:
TERRY STEIN
‘(GERALD LEFCOURT, BSG.
(COUNSEL TO JEFFREY EPSTEIN
ANN ESQ.
ATTORNEY FOR JEVEREY EPSTEIN
Page 7of 7INRE:
INVESTIGATION OF
JEFFREY EPSTEIN
/
ADDENDUM TO THE NON-PROSECUTION AGREEMENT.
ons of Bege 4, paragraph 7
IT APPEARING that the parties seek to clarify certain prov
of the Non-Prosecution Agreement (hereinafter “paragraph 7"), that agreement is modified as
follows:
7A,
7B.
10.
Tho United States has the right to assign to aa independent third-party the responsibility
for consulting with and, subject to the good faith approval of Epsiein's counsel, selecting
the attorney representative for the individuals identified under the Agreement. If the
United States elects to assign this responsibility to an independent third-party, both the
United States and Epstein retain the right to make good faith objections to the attorney
representative suggested by the independent third-party prior to the final designation of
the attorney representative,
‘The parties will jointly prepare a short written submission to the independent third-party
segerding the role ofthe atfomey representative and regarding Epstein's Agreement to
pay such attorney representative his or her regular cuslomary hourly rate for representing
such victims subject fo the provisions of paragraph C, infra
Pursuant to additional paragraph 7A, Epstain has agreed to pay the fees of the attomey
representativeselected by the independent third party. This provision, however, shell not
obligate Epstein to pay the feos end costs of contested litigation filed against him. Thus,
ifafter consideration of potential settlements, an attorney representative elegts to file a
contested lawsuit pursuant to 18 U.S.C. s 2255 or eleois to pursue any other contested
remedy, the paragraph 7 obligation of the Agreement fo pay the costs of the attomey
representative, as opposed to any statutory or other obligetions to pay reasonable
attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney
representative, shall cease,By signing this Addendum, Epstein asserts and certifies that the above has been read and
explained to him. Epstein hereby states that he understands the clarifications to the Non-
Prosecution Agreement end egrees to comply with them,
R, ALEXANDER ACOSTA
UNITED STATES ATTORNEY
Dated: By:
A. MARIE VILLAFANA
: ASSISTANT US. ATTORNEY
Dated:
JEFFREY EPSTEIN:
Dated: (0, by pee
COUNSRL TO TEFFREY EPSTEIN
Dated
TILLY ANN SANCHEZ, ESQ.
ATTORNEY FOR JEFFREY EPSTEIN