From: Jay Lefkowitz

From: Jay Lefkowitz To: Subject: RE: Draft Agreements? Date: Tue, 18 Sep 2007 13:17:43 +0000 Importance: Normal i hear you, and understand your position. But it's really only a 90 day difference, if he gets gain time. That said, let me know if you think your suggestion can work. I will study it too. 09/1812007 09:14 AM To "Jay Lefkowitz" cc Subject RE: Draft Agreements? Hi Jay — I know that the U.S. Attorney will not go below 18 months of prison/jail time (and I would strongly oppose the suggestion). From: Jay Le&owitz [mailto: Sent: Tuesday, September 18, 2007 8:59 AM To: Subject: Re: Draft Agreements? an alternative to what we discussed just now might be to plead to one count of 1512, serve 12 months plus supervised release which would be one year of home detention (if we can make that work), followed by two years of probation in the state on the state charges with the first 6 months being community control. 09!18:2007 08:44 MI To *Jay Lefkowde cc Subject Draft Agreements? EFTA00215279 Hi Jay — I was hoping there would be things for me to read this morning, but I will try to remain patient. I believe there are only two types of agreements that would apply to this case: (I) a plea agreement to a federal charge or charges; and (2) a non-prosecution agreement (which is really a deferred prosecution agreement because the defendant agrees that if he violates the agreement, the U.S. can prosecute him). A plea agreement is part of the court file. It is not accessible on-line via PACER, but someone can go to the Clerk's Office to obtain a copy. A non-prosecution agreement would not be made public or filed with the Court, but it would remain part of our case file. It probably would be subject to a FOIA request, but it is not something that we would distribute without compulsory process. On the obstruction charges, many of the fac in that first proffer were hypothesized based upon our discussions and the agents' observations of We will need to interview her to confirm the accuracy of those facts. On a second count, we could rely on the incident where Mr. Epstein's private investigators followed -father, forcing him off the road. Or, if there is something more recent related to any grand jury subpoenas, we could consider that. Hope that helps. EFTA00215280