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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 ® 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 Page tof 7 F. uubewie JUN-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. Page? of 7 p.uucsure JuN-30-2008 (MOM) 10:06 P, 006/018 ‘Tems of the Agreement: L 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 7 JuN-30-2008(MON) 10:06 8 9% 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 Page 4of 7 poag/ara St |-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, Page Sof 7 P.o1gsord JUN-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. wt mw mw Page 6 of 7 Poli/uig JUN-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 ® * Page 7 of 7 suR-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 7 iui-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 7 INRE: 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