EPSTEIN
page 7 / 185 . OCR, unverified
community control consecutive to his two terms in county jail
as described in Term 2(a), supra.
3.
This agreement is contingent upon a Judge of the 15th Judicial Circuit
accepting and executing the sentence agreed upon between the State
Attorney's Office and Epstein. the details of which are set forth in this
agreement.
4.
The terms contained in paragraphs 1 and 2, supra, do not foreclose
Epstein and the State Attorney's Office from agreeing to recommend
any additional chargc(s) or any additional term(s) of probation and/or
incarceration.
5.
Epstein shall waive all challenges to the Information filed by the State
Attorney's Office and shall waive the right to appeal his conviction and
sentence, except a sentence that exceeds what is set forth in paragraph
(2), supra.
6.
Epstein shall provide to the U.S. Attorney's Office copies ofall
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proposed agreements with the State Attorney's Office prior to entering
into those agreements.
7.
The United States shall provide Epstein's attorneys with a list of
individuals whom it has identified as victims, as defined in 18 U.S.C.
§ 22SS, after Epstein has signed this agreement and been sentenced.
Upon tho execution of this agreement. the United States, in consultation
with and subject to the good faith approval of Epstein's counsel, shall
select an attorney representative: for these persons, who shall bo paid for
by Epstein. Epstein's counsel may contact the identified individuals
through that representative.
8.
If any of the individuals referred to in paragraph (1), supra, elects t9
file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest'the
jwisdic~onofthe United.States District Court for the: Southern District
ofFloi:idaov~his pmon and/or the subject matter, and Epstein waives
his right to contest liability and also waives his right to contest damacc:s
up to an amount as agreed to between the identified individual and
Epstein, so Jong as the identified individual elects to proceed
exclusively under 18 U.S,C. § 22S5, and agrees to waive any other
claim for damagc:s, whether pursuant to state, federal, or common law.
Notwithstanding this waiver, as to those individuals whose names
appear on the list provided by the United States, Epstein• s signature on
this agreement, his waivers and failures to contest liability and such
damages in any suit are not to be: construed as 1111 admission of any
cri~i;na] or civil liability.
9.
Epstein's signature on this agreement also is not to be construed as an
admission of civil or criminal liability or a waiver of any jurisdictional
or other defense as to any person whose name does not appear on the:
list provided by the United States.
0.
Except as to those individuals who elect to proceed exclusively under
U.S.C. § 2255, as.set forth in paragraph (3), supra, neither Epstein's
signature on this agreement, nor its tenns. nor any resulting wiuvc:rs or
settlements by Epstein are to be construed as admissions or evidence of
civil or criminal liability or a waiver of any jurisdictional or other
defense as to any person. whether or not her name appears on the list
provided by the United States.
11.
Epstein shall use his best efforts to enter his guilty plea and be
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sentenced not later than October 26, 2007. The United States has no
objection to Epstein self-reporting to begin serving his sentence not
later than January 4, 2008.
12.
Epstein agrees that he will not be afforded any benefits with respect to
gain time, other than the rights. opportunities, and benefits as any other
inmate, includin& but not limited to, elijibility for gain time credit
based on standard rulea and regulations that apply in the State of
Florida. At the United States' requost, Epstein agrees to provide an
accowiting of the gain time he earned during his period of
incarceration.
13.
The parties anticipate that this agreement will not be made part of any
public record. If the United States receives a Freedom ofinfonnation
Act request or any compulsory process commanding the djsclosure of
the agreement, it will provide notice to Epstein before making that
disclosure.
Epstein understands that the United States Attorney has no authority to require the
State Attorney's Office to abide by any temis of this agreement. Epstein understands that
n is his obligation to Wldertake discussions with the State Attorney's Office and to use his
best efforts to ensure compliance with these procedures, which compliance will be necessary
to satisfy the United States' interest. Epstein also understands that it is his obligation to use