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What's up everyone and welcome to another episode of the Epstein Chronicles.
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In this episode we're going to pick back up with the email chain
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with Marie Villafana and the prosecutors and Jeffrey Epstein's lawyers
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from the original prosecution in Florida. This email was sent by J. Lefkowitz
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to Jeff Sloeman and Alex Acosta with CSEED. This email was sent on November 28th, 2007.
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Dear Jeff, I received your email yesterday and was a little surprised at the tone of your
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letter given the fact that we spoke last week and I had thought it was a very productive meeting.
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I was especially surprised given that your letter arrived on only the second day back to work
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after the Thanksgiving holiday and yet your demands regarding timing suggest that I have been
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sitting on my hands for days. You should know that the first time I learned about judge
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redacted selection of Pothurst and Joseph's Berg and indeed the first time I ever heard their
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names was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able
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to confer with my client and we have determined that the selection of Pothurst and Joseph Berg
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are acceptable to us. Reserving, of course, our previously stated objections to the manner
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in which you have interpreted the section 2255 portion of the agreement. We do, however, strongly
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and emphatically object to your sending a letter to the alleged victims without fair opportunity
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to review and the ability to make objections to this letter. It is completely unacceptable that
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you would send it without our consideration. Additionally, given that the US Attorney's office
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has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate
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for your office to send such a letter. Indeed, because it is a certainty that any such letter would
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immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein
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and promoting spurious civil litigation directed at him. We believe it's entirely unprecedented
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and in any event inappropriate for the government to be the instigator of such lawsuits.
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Finally, we disagree with your view that you are required to notify the alleged victims
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pursuant to the Justice for All Act of 2004. First, US Code 18 Section 2255
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The relevant statute under the Non-Prossecution Agreement for the settlement of civil remedies
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does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a
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different statute. Second, the Justice for All Act refers to Restitution and Section 2255
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is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a
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restitution fund for the alleged victims in this matter. However, that option was rejected by your
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office. Had that option been chosen, we would not object to your notifying the alleged victims
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at this point. At this juncture, however, we do not accept your contention that there is a
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requirement that the government notify the alleged victims of a potential civil remedy in the case.
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Accordingly, for all the reasons we have stated above, we respectfully and firmly object to your
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sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is
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to be sent to these individuals, we believe we should have a right to review and make objections
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to that submission prior to it being sent to any alleged victim. We also request that if your
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office believes that a must send a letter to go to the alleged victims who still have not been
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identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should
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then come from the Attorney Representative and not from the government to avoid any bias. As you know,
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Judge Star has requested a meeting with the Assistant Attorney General Fisher to address what we
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believe is the unprecedented nature of the Section 2225 component of the agreement
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we're hopeful that this meeting will take place as early as next week.
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Accordingly, we respectfully request that we postpone our discussion of sending a letter
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to the alleged victims until after that meeting. We strongly believe that rushing to send any letter
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out this week is not the wisest matter in which to proceed. Given that Mr. Epstein will not enter
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his plea for another few weeks, time is clearly not of the essence regarding any notification
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to the identified individuals. Thanks very much, Jay.
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The next email was sent by Jeff Slomin and it was sent to Jay Lefkowitz.
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The United States has a statutory obligation, Justice for All Act of 2004, to notify the victims
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of the anticipated upcoming events and their rights associated with the agreement entered into
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by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since
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you were formally notified of the selection. I must insist that the vetting process come to an end,
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therefore unless you provide me with a good faith objection to Judge Redacted Selection by
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COB tomorrow. November 28th, 2007, I will authorize the notification of the victims.
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Should you give me the go-ahead on Podhurst and Joseph Berg's selection by COB tomorrow,
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I will simultaneously send your draft of the letter. I intend to notify the victims by letter
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after COB Thursday, November 29th. Thanks, Jeff. Next email from Jeff Slomin to Jay Lefkowitz
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with Alex Acosta, C. Seed. Jay, please accept my apologies for not getting back to you sooner,
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but I was a little under the weather yesterday. Hope that you enjoyed your Thanksgiving.
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Regarding the issue of due diligence concerning Judge Redacted Selection,
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I'd like to make a few observations. First, Guy Lewis, is known for some time that Judge Redacted
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was making reasonable efforts to secure Redacted. Podhurst and Bob Joseph Berg for the assignment.
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In fact, when I told you of Judge Redacted Selection during our meeting last Wednesday, November 21st,
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you and Professor Dershowitz seemed very comfortable and certainly not surprised with the selection.
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Podhurst and Joseph Berg are no strangers to nearly the entire Epstein defense team,
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including Guy Lewis, Lilianne Sanchez, Roy Black, and apparently Professor Dershowitz,
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who said he knew Mr. Joseph Berg from law school. Second, Podhurst.
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And Joseph Berg have longstanding stellar reputations for their legal acumen and ethics.
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It's hard for me to imagine how much more vetting needs to be done. Next email sent by Marie
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Villafana to Gerald left court and CC to Jeff Sloeman and Andrew Laurie. Jerry, as per your
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discussion with US Attorney Acosta, I have attached the office's written counter proposal.
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If you have any questions regarding the terms, please do not hesitate to call.
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Next email from Marie Villafana to John McMillan, Andrew Osterban,
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Adrian Kirkendall, and Jason Richards. Hi all, here's a revised version of the indictment.
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We're still doing some proofreading, but I wanted to get some feedback before I start sending it
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through the chain of command. Can you let me know what you think?
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Next email is from Andrew Osterban to Marie Villafana and this email was sent September 11th,
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2007. We'll do when you plan to submit it.
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Next email from Marie Villafana to Andrew Osterban on September 11th, 2007.
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Probably sometime tomorrow, just to Karen Atkinson to get a first read,
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then it will go to Rolando and then up to Jeff. I'm still shooting for a 925 for an indictment date,
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assuming they don't take our counter counter offer. In case you haven't heard yesterday,
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one of Epstein's lawyers, countered with a 15 month in jail, followed by 15 months community
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confinement, aka home confinement, and we counter countered with 20 months in jail, followed by 10
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months community confinement. Here is the agreement that was sent out. Thanks Drew. Next email was sent
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by Andrew Osterban to Marie Villafana. This email was sent on September 11th, 2007.
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I had not heard the counter offering is unfortunate, but I suppose it's understandable.
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Let me know how it goes. Thanks Marie. Next email from Marie Villafana to Andrew Osterban,
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September 13th, 2007. I drew sorry to bother you, but the plea negotiations are getting fast and
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furious. Epstein's lawyers are fixated on this idea of a victim's fund rather than having the
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girls filed separate 2255 actions. I know that the reason that they want to do this is not out of
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the goodness of their hearts, but to keep this stuff out of the public court files, but in some way
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it will help the girls too. Do you know anything about how the fund in Alaska has worked out,
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did all the victims consent, or did the court just do it? Thank you for your help.
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I also turned in the indictment package to my immediate supervisor today,
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so I expect some edits back from her before it goes higher up the chain. If you add any thoughts,
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please let me know. Next email from Andrew Osterban to Marie Villafana, and this one was sent
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on September 13th, 2007. Thanks for more information Marie. I'll get the details on the
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bomb arrangements from the prosecutors and get back to you tomorrow. I believe the girls
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agreed to the arrangement, but I'll confirm that. I should have the indictment reviewed by then as
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well. Next email from Marie Villafana to Andrew Osterban. I drew, I tracked down the AUSA in Alaska,
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and he's sending me the trust agreement, and I'll let you know how things go in the morning.
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Next email from Marie Villafana to someone whose hands redacted and CC to Andrew Lowry. Jay,
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it was nice seeing you again, Andy and I talk with Alex and Jeff. We're all satisfied in principle
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with the agreement, but the office is uncomfortable with the recommended federal charge. Specifically,
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we're concerned about the effect of taking the position that Mr. Epstein's house is in the special
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maritime and territorial jurisdiction of the United States, and we have no evidence of any assault
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occurring either on Mr. Epstein's plane or offshore from his residence. We're hoping that you can
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find an alternative federal statute that can be used. I will also wait to hear from Jack Goldberger
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to discuss logistics. Thank you, Marie Villafana. Next email from Jay Lefkowitz to Marie Villafana,
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Andy, meant to copy you on my first attempt to respond to Marie. We appreciate the courtesy of
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today's meeting and your agreement and Alex's. We understand the concerns you are raising and will
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work over the next few days to come up with a mutually acceptable solution. I'll speak with you
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no later than Monday, and in the interim, we can come up with a solution we will be in touch with you.
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Next email from Jay Lefkowitz to Marie Villafana on September 13th, 2007. Marie, are you free to speak
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at 9 a.m. tomorrow? Next email from Marie Villafana to Jay Lefkowitz, September 13th, 2007.
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Hi Jay, yeah, I am. I've been spending some quality time with Title 18 looking for Mr. Meaters. Do
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you want to take a look at US code 18 403 US code 18 1512 D and 47 USC 223 A 1 and B? And we can talk
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about them tomorrow. I know that someone mentioned there being activity on an airplane. I just want to
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make sure that there is factual basis for the plea that the agents can confirm. I'm not sure exactly
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where I'll be tomorrow morning. So is it all right if I call you? Have a good morning.
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The next and final email from Jay Lefkowitz to Marie Villafana sounds good. I will be at home. Let's
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talk at 9 a.m. Already thinking about the same statutes. Look forward to speaking in the morning.
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Best Jay. All right folks, so that completes this thread. But when I tell you that we haven't even
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scratched the surface yet, I mean it. We have so many documents to go over that it's not even
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funny. So we're going to continue to eat this elephant one bite at a time. And when we have
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slow news days like today, we're going to have more files added to the catalog. As for this one,
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well, all the information that goes with it can be found in the description box.