Skip to main content
Skip to content
Case File
efta-efta00212010DOJ Data Set 9Other

ROY BLACK

ROY BLACK HOWARD M. SREBNICK SCOTT A. KORNSPAN LARRY A. STUAIPP MARIA NEYRA JACKIE PERCZEK MARK A.J. SHAPIRO JARED LOPEZ BLACK SREBNICK KORNSPAN STUMPF PA October 21, 2009 U.S. Attorney's Office 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 RE: Jeffrey Epstein Dear Maria: JESSICA FONSECA-NADER KATHLEEN P. PHILLIPS AARON ANTHON MARCOS BEATON, JR. MATTHEW P. O'BRIEN JENIFER SOUUK1AS NOAH Fox E-Mail: I am in receipt of your letter dated Sept 18, 2009, and believe it is necessary to correct certain inaccuracies contained in that communication. First, you state that the Non-Prosecution Agreement "called for Mr. Epstein to serve eighteen months in county jail followed by twelve months of community control." In fact, the Non-Prosecution Agreement, at 1 2 (a) and (b) required, instead, that Mr. Epstein "shall be sentenced," as in fact he was, to consecutive sentences of 12 and 6 months followed by a 12- month community control probation se

Date
Unknown
Source
DOJ Data Set 9
Reference
EFTA 00212010
Pages
2
Persons
2
Integrity

Summary

ROY BLACK HOWARD M. SREBNICK SCOTT A. KORNSPAN LARRY A. STUAIPP MARIA NEYRA JACKIE PERCZEK MARK A.J. SHAPIRO JARED LOPEZ BLACK SREBNICK KORNSPAN STUMPF PA October 21, 2009 U.S. Attorney's Office 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 RE: Jeffrey Epstein Dear Maria: JESSICA FONSECA-NADER KATHLEEN P. PHILLIPS AARON ANTHON MARCOS BEATON, JR. MATTHEW P. O'BRIEN JENIFER SOUUK1AS NOAH Fox E-Mail: I am in receipt of your letter dated Sept 18, 2009, and believe it is necessary to correct certain inaccuracies contained in that communication. First, you state that the Non-Prosecution Agreement "called for Mr. Epstein to serve eighteen months in county jail followed by twelve months of community control." In fact, the Non-Prosecution Agreement, at 1 2 (a) and (b) required, instead, that Mr. Epstein "shall be sentenced," as in fact he was, to consecutive sentences of 12 and 6 months followed by a 12- month community control probation se

Tags

eftadataset-9vol00009

Ask AI About This Document

0Share
PostReddit

Extracted Text (OCR)

EFTA Disclosure
Text extracted via OCR from the original document. May contain errors from the scanning process.
ROY BLACK HOWARD M. SREBNICK SCOTT A. KORNSPAN LARRY A. STUAIPP MARIA NEYRA JACKIE PERCZEK MARK A.J. SHAPIRO JARED LOPEZ BLACK SREBNICK KORNSPAN STUMPF PA October 21, 2009 U.S. Attorney's Office 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 RE: Jeffrey Epstein Dear Maria: JESSICA FONSECA-NADER KATHLEEN P. PHILLIPS AARON ANTHON MARCOS BEATON, JR. MATTHEW P. O'BRIEN JENIFER SOUUK1AS NOAH Fox E-Mail: I am in receipt of your letter dated Sept 18, 2009, and believe it is necessary to correct certain inaccuracies contained in that communication. First, you state that the Non-Prosecution Agreement "called for Mr. Epstein to serve eighteen months in county jail followed by twelve months of community control." In fact, the Non-Prosecution Agreement, at 1 2 (a) and (b) required, instead, that Mr. Epstein "shall be sentenced," as in fact he was, to consecutive sentences of 12 and 6 months followed by a 12- month community control probation sentence. Additionally, 1 12 of the Non-Prosecution Agreement specifically states that Epstein is entitled to "eligibility for gain time credit based on standard rules and regulations that apply in the state of Florida,", thus clearly contemplating that the 18-month jail sentence would be reduced by standard gain time credit. In short, the Agreement expressly contemplated gain time and in no respect contained a requirement that Epstein "serve" 18 months in county jail. As in the federal system, there is no day-to-day conformity between the length of an imposed sentence and the number of days that such a sentence obligates a defendant to serve. Second, you state that Mr. Epstein's gain time was "based upon Mr. Epstein's `work release.'" Mr. Epstein's gain time was not in any way tied to or dependent upon his work release; instead, it was calculated according to the same state law and procedures applicable to each sentenced state prisoner as contemplated by the Non-Prosecution Agreement, 1 12 quoted above. 201 S. Biscayne Boulevard. Suite 1300 • Miami. Florida 33131 • Phone- 305-371-6421 • Fax: 305-358-2006 • wetw.RoyBlack.com EFTA00212010 Maria Villifafia, Esq. October 21, 2009 Page 2 Third, the facts that you recite regarding the single occasion where Mr. Epstein "was found . . . walking to work* are at odds with what actually occurred. Epstein had specific authorization to walk to work, this authorization was verified by the police with Epstein's probation officer, and the street on which Epstein was actually stopped was in a direct mute to Epstein's office. Epstein was stopped on the sidewalk at the intersection of South Ocean Boulevard and Clarke Avenue. In order to avoid walking through town, Epstein took a street that was one block east, in what is generally a less populated route. The matter was fully investigated, and Epstein was found to be in total compliance with his community control probation restrictions. Moreover, the distance to Epstein's office from the location where he was stopped is, according to our calculations, less than three miles, not the eight miles as you allege. Finally, it is important to stress that my letter to you of September 1, 2009, was another example of Epstein (and his counsel's) commitment to conform to the requirements of the Non-Prosecution Agreement. Agreements between the government and its citizens "are generally construed according to the principles of contract law, and the government, as drafter, must be held to an agreement's literal terms," United Stales .v Anglin, 215 F.3d 1064, 1066 (9th Cir, 2000). We believe Epstein has conformed to the Agreement's requirements and would welcome the opportunity to meet with you to make sure each party has a common view of its obligations and rights. ry7 truly yours, ( Roy' Black RB/wg cc: Jeff Sloman, Esq., Acting U.S. Attorney Black. Srcbnick. Kornspan & Stumpf. P.A. EFTA00212011

Technical Artifacts (4)

View in Artifacts Browser

Email addresses, URLs, phone numbers, and other technical indicators extracted from this document.

Domainwetw.royblack.com
FaxFax: 305-358-2006
Phone305-358-2006
Phone305-371-6421

Related Documents (6)

DOJ Data Set 9OtherUnknown

U.S. Department of Justice

2p
DOJ Data Set 9OtherUnknown

U.S. Department of Justice

U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 500 E. Broward Boulevard, 7th Floor Ft. Lauderdale, FL 33394 (954)356-7255 July 7, 2009 Thank you for your letters of June 19th. From your letters, it appears that you have misconstrued the Office's past efforts at alleviating Mr. Epstein's unfounded fears of disparate treatment. You seem to have interpreted those efforts as either: (1) an acknowledgement of the validity of those fears, or (2) an acquiescence to the efforts of Mr. Epstein to avoid the full terms of the Non-Prosecution Agreement. So, for example, you write that, in an email to Mr. Acosta, you "confirmed that 'there were significant irregularities with the deferred prosecution agreement,' and that "Mr. Acosta agreed to many of our objections and adopted

2p
DOJ Data Set 9OtherUnknown

Rol Slack lir „kite'

Rol Slack lir „kite' 2/949 Arcrwite a." 2434 7 Antai, Liu) 3 cut, , 4,/e EFTA00183732 KIRKLAND & ELLIS LLP AND AfilL/ArtO PART/H.3We; ' Cntercup Cantor 163 East 53'd Street New York, New York 10022-4611 WNW rwerA.COM September 2, 2008 VIA FACSIMILE (56D 820-8777 United States Attorney's Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Re:Jeffrey Bpstein Dear • Facsimile: In response to your letter dated August 26, 2008, I am confirming that Mr. Goldberger should continue to be listed as the contact pawn in the' mended victim notification letters and should receive the carbon copies of thoso letters as they are sent. • Also, we plan on speaking to Mr. Josofsberg this week to discuss a procedure for paying his fees. We intend to comply fully with the agreement and Mr. Epstein will pay Mr. Josfsberg's usual and customary hourly rates for his work pursuant to the agreement facilitating settlements unde

136p
DOJ Data Set 9OtherUnknown

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-CI V-Marra/Matthewman JANE DOE # I and JANE DOE #2, Petitioners, I UNITED STATES OF AMERICA, Respondent. UNITED STATES' RESPONSE TO PETITIONERS' FIRST REOUEST FOR ADMISSIONS TO THE GOVERNMENT The United States (hereinafter the "government") hereby responds to Jane Doe #1 and Jane Doe #2's First Request for Admissions to the Government Regarding Questions Relevant to Their Pending Action Concerning the Crime Victims Rights Act (hereinafter the "Request for Admissions"), and states as follows:' I. The government admits that the FBI and the U.S. Attorney's Office for the Southern District of Florida ("USAO") conducted an investigation into Jeffrey Epstein ("Epstein") and developed evidence and information in contemplation of a potential federal prosecution against Epstein for many federal sex offenses. Except as otherwise admitted above, the government denies Request No. I. The government's res

65p
DOJ Data Set 9OtherUnknown

Roy BIACK

Roy BIACK HOWARD M. SRESNICK Scary A. KORNSPAN LARRY A. STUMPF MARIA Berms JAcsat PERO= MARK A.J. SHAPIRO JARED LOPEZ BLACK SREBN1CK KORNSPAN STUMPF PA September 1, 2009 Assistant U.S. Attorney United States Attorney's Office 99 N.E. 4th Street Miami, Florida 33132 RE: Jeffrey Epstein Dear Jeff: JESSICA FOHBECA-NADER KATHLEEN P. PHILLIPS AARON Atemon MARCOS BEATON, JR. MATTHEW P. O'BRIEN JIIMPER J. Bouillons NOAH FOX E-Mail Once again I need to send you a note about Jeffrey Epstein, mainly to keep you in the loop so we don't inadvertently violate any provision of his agreement with your office. As I am sure you are aware, Mr. Epstein has finished the incarceration portion of his sentence and is now serving the one year of community control as mandated by both his state plea and the terms of the non- prosecution agreement with the United States Attorney's Office for the Southern District of Florida. Mr. Epstein is in compliance with all terms of his co

2p
DOJ Data Set 9OtherUnknown

IthibiSlornam

IthibiSlornam taco L•fhwitit EFTA00176182 U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY FACSIMILE Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 99 M.E. 41' Street Miami, FL 33132-211! (305) 961-9299 Facsimile: (305) 530-6444 December 6, 2007 I write in response to your recent e-mails and letters regarding victim notification and other issues. Our Office is trying to perform our contractual obligations under the Agreement, which we feel are being frustrated by defense counsel's objections. The Office also is concerned about Mr. Epstein's nonperformance. More than three weeks ago we spoke about the failure to set a timely plea and sentencing date. At that time, you assured me that the scheduling delay was caused by the unavailability of Judge McSorley. You promised that a date would be set promptly. On November 15th, Roland

18p

Forum Discussions

This document was digitized, indexed, and cross-referenced with 1,400+ persons in the Epstein files. 100% free, ad-free, and independent.

Annotations powered by Hypothesis. Select any text on this page to annotate or highlight it.