Lefkowitz to DOJ: Epstein NPA Terms

CORRESPONDENCE — DEFENSE COUNSEL TO U.S. ATTORNEY From: Jay Lefkowitz, Esq., Kirkland & Ellis LLP To: U.S. Attorney's Office, Southern District of Florida Date: September 2007 Re: United States v. Jeffrey Epstein — Proposed Resolution CONTEXT: Jay Lefkowitz served as Jeffrey Epstein's primary defense attorney during the federal investigation and the negotiation of the non-prosecution agreement. He was a partner at Kirkland & Ellis and had previously served in the George W. Bush White House. NEGOTIATION CORRESPONDENCE: The correspondence documented the defense team's proposals for resolving the federal investigation, including: IMMUNITY PROVISIONS: Lefkowitz sought and obtained unprecedentedly broad immunity terms: - Personal immunity for Epstein from federal charges - Immunity for "any potential co-conspirators" — a provision that was unnamed and open-ended - The immunity provision effectively shielded anyone who may have participated in Epstein's criminal enterprise PLEA TERMS: The defense proposed that Epstein would: - Plead guilty to state charges only (not federal) - Serve time in a county facility (not federal prison) - Register as a sex offender - Accept restrictions on future conduct NOTABLE MEETING: Lefkowitz arranged a meeting with then-U.S. Attorney Alexander Acosta at the Marriott hotel in West Palm Beach. This meeting — in which the U.S. Attorney met privately with defense counsel for a case his office was prosecuting — was later criticized as improper. SIGNIFICANCE: The correspondence showed the extent to which Epstein's well-resourced defense team shaped the terms of the NPA, including provisions that would later be found to violate the Crime Victims' Rights Act. Source: Court Records / DOJ OPR Investigation Available at: https://www.justice.gov/opr