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From: Darren Indyke >
To: Jackie Perczek
Date: 4/7/2011 1:27 PM
Subject: Privileged and Confidential
Attachments: Edwards Articles -1.doc; Edwards Articles - 12.pdf; Edwards Articles - 10.pdf; Edwards
Articles - 9.doc; Edwards Articles - 8.doc; Edwards Articles - 7.doc; Edwards Articles - 6.doc; Edwards
Articles - 5.doc; Edwards Articles - 3.doc; Edwards Articles - 2.doc; Edwards Article - 13.pdf; Part.012
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LocalNews D Greater Palm Beaches and Treasure Coast
Palm Beach sex offender's secret plea deal:
Possible co-conspirators not charged, presses
victims to settle civil suits
By SUSAN SPENCER-WENDEL
Palm Beach Post Staff Writer
Friday, September 18, 2009
WEST PALM BEACH — Billionaire financier sex offender Jeffrey Epstein's secret non-prosecution agreement he
struck with federal prosecutors was unsealed Friday, offering the first public look at the deal Epstein's high-powered
legal counsel brokered on his behalf.
According the agreement, the Federal Bureau of Investigation and the U.S. Attorney's Office investigated Epstein
for various federal crimes, including prostitution, some punishable by a minimum of 10 years up to life in prison
But federal prosecutors backed down and agreed to recall grand jury subpoeanas, if Epstein pleaded guilty to
prostitution-related felonies in state court, which he ultimately did. He received an 18-month jail sentence, of which
he served 13.
A former federal prosecutor of 15 years, Mark Johnson of Stuart, said the disparity in the potential sentences was
unusual.
The United States Attorney's Office also agreed not to charge any of Epstein's possible co-conspirators - Sarah
Kellen, Adriana Ross, Lesley Groff and Nadia Marcinkova.
The agreement was negotiated in part by New York heavyweight criminal defense attorney Gerald Lefcourt.
On its first draft in September 2007, it required that Epstein pay an attorney - tapped by the U.S. Attorney's Office
and approved by Epstein - to represent some of the victims in civil suits they had filed against Epstein. That
attorney is prominent Miami lawyer Bob Josefsberg.
Former prosecutor Johnson said he has never seen a provision like that before.
But an addendum to the agreement signed the following month struck Epstein's duty to pay Josefsberg if he and the
victims did not accept a settlement and instead pursued litigation.
The agreement, signed by Assistant U.S. Attorney Maria Villafana, does not expressly state whether any victims
were contacted or consulted before the deal was made.
Attorney Brad Edwards of Fort Lauderdale, who represents three of the young women, believes that none of the
between 30 and 40 woman identified as victims in the federal investigation were told of the deal. Edwards said his
clients were still receiving letters in the mail months afterwards saying the U.S. Attorney's Office assuring them
Epstein would be prosecuted.
"Never consulting the victims is probably the most outrageous aspect of it..." Edwards said. "It taught them that
someone with money can buy his way out of anything. It's outrageous and embarrassing for United States
Attorney's Office and the State Attorneys Office."
Epstein now faces many civil lawsuits filed by the women, who are represented by a variety attorneys. In many, the
facts alleged are the same: that Epstein had a predilection for teenage girls, identified poor, vulnerable ones and
lured them to his home via other young women. The teens describe ascending a staircase lined with nude
photographs of young girls and to the spa room where Epstein would appear in a small towel.
Former Circuit Judge Bill Berger, who represents one of the victims, and The Palm Beach Post sought the
unsealing of the agreement. Berger refers to it as a "sweetheart deal."
"Why was it so important for the government to make this deal?" Berger asked rhetorically. "We have not yet had
honest explanation by any public official as to why it was made .. and why the victim's were sold down the river."
Former federal prosecutor Ryon McCabe described the agreement as "very unorthodox." Such agreements, he said,
are usually reserved for corporations, not individuals.
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"It's very, very rare. I've never seen or heard of the procedure that was set up here." said McCabe, who has no
involvement in any Epstein litigation and is now a securities litigation attorney.
"He's essentially avoiding federal prosecution because he can afford to pay that many lawyers to help those victims
review their cases.... If a person has no money he couldn't be able to strike a deal like this and avoid federal
prosecution."
The back-room deal with federal prosecutors all the more interesting in light of the legal heavyweights who have
worked for Epstein, including Harvard professor Alan Dershowitz and Kenneth Starr of Clinton impeachment fame.
Lefcourt is a past president of the National Association of Criminal Defense Lawyers.
Epstein's local defense attorney, Jack Goldberger, issued a statement Friday saying he had fought the release of
the sealed agreement to protect the third parties named there. "Mr. Epstein has fully abided by all of its terms and
conditions. He is looking forward to putting this difficult period in his life behind him. He is continuing his long
standing history of science philanthropy..."
Epstein ended up avoiding federal charges, and pleaded guilty in state court to felony solicitation of prostitution and
procuring a person under the age of 18 for prostitution. In July 2008, he was sentenced to 18 months in jail, and
later allowed out up to six days a week on work release.
Epstein left the jail in late July 2009 after serving not quite 13 months of the sentence, having earned gain time for
good behavior.
Palm Beach Police began investigating the "international moneyman of mystery," as the New York magazine
dubbed him, after they received a complaint from a relative of a 14-year-old girl who had given Epstein a naked
massage at his home on the Intracoastal Waterway.
Police sought and found in poor neighborhoods a variety of tall, thin, model-like young women, who told stories of
begin recruiting, then going to Epstein's home and massaging and stimulating him. They walked away with between
$200 and $1,000.
The investigation triggered tensions between police and prosecutors, with then-Chief Michael Reiter saying in a
May 2006 letter to then-State Attorney Barry Krischer that the chief prosecutor should disqualify himself.
"I continue to find your office's treatment of these cases highly unusual," Reiter wrote. He then asked for and got
the federal investigation that ended in the sealed deal.
"The Jeffrey Epstein matter was an experience of what a many-million-dollar defense can accomplish," Reiter told
the Palm Beach Daily News upon his retirement.
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Judge: Palm Beach sex offender Jeffrey Epstein
agreement to remain sealed
By MICHELE DARGAN
Palm Beach Daily News Staff Writer
Tuesday, February 17, 2009
A federal judge has ruled that a non-prosecution document under which the government agreed not to pursue
federal charges against sex offender Jeffrey Epstein will remain under seal - at least for now.
The U.S. Attorney's Office and Epstein's lawyers reached the agreement before Epstein pleaded guilty to state
felony charges, and the document is under seal in Epstein's state criminal file.
Representing two of Epstein's victims, attorney Brad Edwards asked to have the document unsealed as part of his
federal lawsuit against the Manhattan money manager. Although Edwards and his victims have seen the
agreement, Edwards says in his pleadings that the government has "inaccurately described the agreement ...
creating a false impression that the agreement protects the victims."
U.S. District Judge Kenneth Marra ruled that the claims, even if true, haven't damaged Edwards' case.
"If and when such alleged mischaracterizations become relevant to an issue to be decided by the court, the parties
will be given the opportunity to advance their positions and the court will resolve the issue," he wrote. "If disclosure
of the agreement will be required for the court to resolve this issue, appropriate disclosure will be ordered."
Seeking to keep the agreement sealed, Assistant U.S. Attorney Dexter Lee argued that the agreement is not part of
any case before Marra.
"The non-prosecution agreement has never been filed under seal in federal court," he wrote.
He also denied that the agreement has been inaccurately described.
Marra sided with Lee on the argument that the agreement was not filed in federal court "under seal or otherwise."
On Aug. 14, Marra ruled that the non-prosecution agreement would be unsealed for Edwards and any of the victims
who want to see it. But the ruling bars Edwards and anyone else who sees the document from disclosing the terms
to anyone else.
In his motion to unseal, Edwards said he wants to be able to discuss the terms of the agreement with other victims
and their attorneys as well as with other victims' rights groups such as the National Alliance of Victims' Rights
Attorneys.
The desire to discuss the agreement with third parties is not justification for unsealing the document, Marra ruled.
"If a specific tangible need arises in a civil case relief should be sought in that case," he wrote.
Epstein, 56, is serving 18 months in jail for soliciting prostitution and procuring a minor for prostitution.
Under the agreement, federal prosecutors will defer their decision on whether to prosecute Epstein on federal
charges until 90 days after Epstein completes all requirements of his state sentence.
If he abides by all court conditions and restrictions, the federal case would be dropped.
In addition to the state criminal case, there are nine federal and seven state lawsuits pending against Epstein.
All contain similar allegations: The Manhattan money manager, through his employees and assistants, brought
minor girls to his Palm Beach home at 358 El Brillo Way for erotic massages and sometimes sex.
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Page 1
•
LexisNexis'
7 of 11 DOCUMENTS
Copyright 2009 ProQuest Information and Learning
All Rights Reserved
ProQuest SuperText
Copyright 2009 Palm Beach Post
Palm B each Daily News
June 25, 2009 Thursday
Final Edition
SECTION: A SECTION; Pg. A.1
LENGTH: 557 words
HEADLINE: JUDGE TO RULE ON SEALED PLEA-DEAL PAPERS TODAY
BYLINE: MICHELE DARGAN, MICHELE DARGAN, Daily News Staff Writer
BODY:
A circuit judge will decide today whether the public will be privy to the federal government's non-prosecution deal
with Jeffrey Epstein, which was sealed when the convicted sex offender pleaded guilty in June 2008 to two felony
counts.
Epstein, of Palm Beach, will be released from the Palm Beach County Stockade July 22, after serving less than 13
months of his 18- month sentence for procuring a minor for prostitution and solicitation of prostitution.
Teri Barbera, spokeswoman for the Palm Beach County Sheriffs Office, confirmed his release date Tuesday.
Epstein's projected release date had been Sept. 24, but gain time -- which includes his participation in a
work-release program -- moves the date up to July 22, Barbera said.
Epstein, 56, has been in the work-release program since Oct. 10, in which he is allowed out of the stockade six days
a week, from 10 a.m. to 10 p.m., to go to his West Palm Beach office, the Florida Science Foundation, monitored by an
ankle bracelet and accompanied by a deputy.
As part of Epstein's state plea agreement, the U.S. Attorneys Office agreed not to prosecute Epstein on federal
charges as long as he fulfills all requirements of his sentence and probation. The federal non-prosecution agreement has
been under seal in state court.
Epstein's attorney Jack Goldberger filed court papers asking that the documents stay sealed for the following rea-
sons: "to prevent a serious imminent threat to the fair, impartial and orderly administration of justice; to protect a com-
pelling government interest; to avoid substantial injury to innocent third parties and to avoid substantial injury to a party
by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of
proceedings, sought to be closed."
Fort Lauderdale-based attorney Brad Edwards represents three Epstein victims and has asked Circuit Judge Jeffrey
Colbath to unseal the federal agreement to the public. An attorney for The Palm Beach Post also has asked that the rec-
ords be unsealed.
Edwards and his clients have seen the agreement after a federal judge ruled that they are allowed to see it. But that
ruling bars Edwards and anyone else who sees the document from disclosing the terms to anyone else.
Edwards said he wants to use that document "in the deposition of various material witnesses" relative to his cases.
HOUSE OVERSIGHT 013421
Page 2
JUDGE TO RULE ON SEALED PLEA-DEAL PAPERS TODAY Palm Beach Daily News June 25, 2009 Thursday
Radaronline.com has reported that Epstein has "secretly been helping the feds unravel a Ponzi scheme" related to
the June 2008 indictment of two former managers of Bear Stearns Mortgage Investment Fund.
Epstein's rep, Howard Rubenstein, confirmed last year that Epstein is "Major Investor No. 1" in the indictment,
which says he lost about $57 million.
Goldberger could not be reached for comment.
The Manhattan money manager has been incarcerated since June 30, when he pleaded guilty to the two felony
counts. As part of the plea agreement, Epstein must serve one year of house arrest after his release and register as a life-
long sex offender.
In addition to the criminal case, there are more than a dozen civil lawsuits -- both state and federal -- pending
against Epstein. All contain similar allegations: Epstein, through his employees and assistants, brought minor girls to his
Palm Beach home on El Brillo Way for erotic massages and sometimes sex.
mdargan@pbdailynews.com
GRAPHIC: Caption: Epstein To be released from jail July 22.
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Ghislaine Maxwell, the British brunette whose father once
owned the Daily News, has been slapped with a subpoena in
suits brought by 24 underage girls against her old friend,
billionaire Jeffrey Epstein.
Maxwell -- whose press-lord father, Robert Maxwell, died in
1991 after falling into the Atlantic off his yacht, the Lady
Ghislaine -- was served with a subpoena on Sept. 22 at 6:45
p.m. as she was leaving the Clinton Global Initiatives
Conference at the Sheraton Hotel.
Florida lawyer Brad Edwards, who represents three of the
"Jane Does" who are suing Epstein, told Page Six that
Maxwell would be questioned over her knowledge of how
Epstein procured many of the girls.
Epstein is accused in the civil complaints of luring underage
girls to his mansion in Palm Beach to give him massages,
during which he allegedly engaged them in sexual activity and
paid them hundreds of dollars each. A grand jury indicted
Epstein on a charge of felony solicitation of prostitution.
Epstein, who pleaded guilty and did 12 months in prison, was
deposed last week in the offices of his lawyer, Jack
Goldberger.
Goldberger wouldn't comment, but a friend of Epstein said,
"These [people bringing the complaint] are the lowest of the
lows in terms of ambulance-chasing lawyers." The trials are
scheduled to start in February.
Nadia Marcinkova, who has been described as Epstein's
lesbian sex slave and who visited him behind bars 67 times,
has also been served with a subpoena.
Epstein's brother, Mark Epstein, who has a real-estate
holding company in New York, has already been deposed
about a building he owns, 301 E. 66th St. "Jeffrey rents
several apartments there where he keeps his girls, alleged
models for the MC2 agency he owns," Edwards said. "But
Mark acts like he doesn't even know his brother. He was
extremely angry and rude and cursed me out."
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