Datasets:

robbd
/

epstein-index

---
title: "DOJ Epstein Files, Data Set 9 (EFTA00189083)"
source: "DOJ Epstein Files, Data Set 9"
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Meeting next Thursday. Does anything Roy say hold water ?

```markdown

-----Original Message-----

From: [blank] (USAFLS)

Sent: Wednesday, November 26, 2008 12:18 PM

To: [blank] (USAFLS); [blank] (USAFLS)

Subject: FW: Jeffrey Epstein

```

Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed.



since receipt of your letter I have looked into the situation and the following is what is happening:

Mr. Epstein has not breached the Non-Prosecution Agreement (the “Agreement”) by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program.

1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control.

o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office.

o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2)(a).

08-80736-CV-MARRA

P-015239

576

EFTA00189083

o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2)(a).

o In Palm Beach County, the Sheriff's Office has discretion over work release. The local rules state that placement into House Arrest and Work Release “is at the discretion of the Sheriff and the presiding Judge” and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release.” See Palm Beach County Department of Corrections Inmate Rule G-16.

2. The Non Prosecution Agreement does not prohibit work release.

o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence.

3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See ¶ 12 of the Agreement.

5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release “allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.”). So he is an inmate.

might serve a portion of his sentence through the Work Release Program.

o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is “entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program.” See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8.

7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenient

P-015240

577

EFTA00189084

more restrictive than any other inmate in the program.

Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss.



08-80736-CV-MARRA

P-015241

578

EFTA00189085



The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that.

My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion.





Meeting next Thursday. Does anything Roy say hold water?



Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed.



Subject: Re: Jeffrey Epstein

08-80736-CV-MARRA

P-015242

579

EFTA00189086

since receipt of your letter I have looked into the situation and the following is what is happening:

Mr. Epstein has not breached the Non-Prosecution Agreement (the “Agreement”) by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program.

1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control.

o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff’s Office.

o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2)(a).

o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2)(a).

o In Palm Beach County, the Sheriff’s Office has discretion over work release. The local rules state that placement into House Arrest and Work Release “is at the discretion of the Sheriff and the presiding Judge” and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release.” See Palm Beach County Department of Corrections Inmate Rule G-16.

2. The Non Prosecution Agreement does not prohibit work release.

o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence.

3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See ¶ 12 of the Agreement.

5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. 08-80736-CV-MARRA

P-015243

580

EFTA00189087

Code. (work release “allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.”). So he is an inmate.

might serve a portion of his sentence through the Work Release Program.

o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is “entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program.” See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8.

7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenient but rather more restrictive than any other inmate in the program.

Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss.

(USAFLS)ⁿ

```markdown

11/24/08 12:28 PM >>>

Dear Roy:

```



```markdown

08-80736-CV-MARRA

581

```

P-015244

EFTA00189088



Perhaps a conference call is in order on Wednesday before the Thursday meeting. If that's o.k. How's 10:30 am on Wednesday? Have a great Thanksgiving.

```markdown

-----Original Message-----

```

From: (USAFLS)

Sent: Wednesday, November 26, 2008 2:24 PM

To: (USAFLS);

Subject: RE: Jeffrey Epstein

I don't know what he is talking about with a letter from . I will have to try to find that letter.

The citations to the rules of the PBSO are all correct.

The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that.

My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion.



```markdown

-----Original Message-----

```

From: (USAFLS)

Sent: Wednesday, November 26, 2008 2:10 PM

Subject: RE: Jeffrey Epstein

Meeting next Thursday. Does anything Roy say hold water?

```markdown

-----Original Message-----

```

Sent: Wednesday, November 26, 2008 12:18 PM

Subject: FW: Jeffrey Epstein

Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed.

Assistant U.S. Attorney

582

P-015245

EFTA00189089

```markdown

-----Original Message-----

From: Roy BLACK [mailto:RBLACK@royblack.com]

Sent: Wednesday, November 26, 2008 11:56 AM

To: [blank] . (USAFLS)

Cc: [blank] (USAFLS)

Subject: Re: Jeffrey Epstein

```

since receipt of your letter I have looked into the situation and the following is what is happening:

Mr. Epstein has not breached the Non-Prosecution Agreement (the “Agreement”) by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program.

1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control.

o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office.

o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2)(a).

o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2)(a).

o In Palm Beach County, the Sheriff’s Office has discretion over work release. The local rules state that placement into House Arrest and Work Release “is at the discretion of the Sheriff and the presiding Judge” and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release.” See Palm Beach County Department of Corrections Inmate Rule G-16.

2. The Non Prosecution Agreement does not prohibit work release.

08-80736-CV-MARRA

P-015246

583

EFTA00189090

o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence.

3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See ¶ 12 of the Agreement.

5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release "allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined."). So he is an inmate.



might serve a portion of his sentence through the Work Release Program.

o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is “entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program.” See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8.

7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenient but rather more restrictive than any other inmate in the program.

Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss.

```markdown

11/24/08 12:28 PM >>>>

Dear Roy:

```

(USAFLS)^{n}



```markdown

08-80736-CV-MARRA

584

```

P-015247

EFTA00189091





The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that.

My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion.



P-015248

585

EFTA00189092



Meeting next Thursday. Does anything Roy say hold water?



Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed.



since receipt of your letter I have looked into the situation and the following is what is happening:

Mr. Epstein has not breached the Non-Prosecution Agreement (the “Agreement”) by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program.

1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control.

o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office.

o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2)(a).

o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hou08-80736-CV-MARRA

P-015249

586

```markdown

EFTA00189093
```

subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2)(a).

o In Palm Beach County, the Sheriff’s Office has discretion over work release. The local rules state that placement into House Arrest and Work Release “is at the discretion of the Sheriff and the presiding Judge” and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release.” See Palm Beach County Department of Corrections Inmate Rule G-16.

2. The Non Prosecution Agreement does not prohibit work release.

o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence.

3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See ¶ 12 of the Agreement.

5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release “allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.”). So he is an inmate.

6. recognized that Mr. Epstein might serve a portion of his sentence through the Work Release Program.

o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is "entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program." See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8.

7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenient but rather more restrictive than any other inmate in the program.

Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the

```markdown

08-80736-CV-MARRA
587
```

P-015250

EFTA00189094

executive office to resolve this matter. Certainly it would be best for us to meet and discuss.

```markdown

11/24/08 12:28 PM >>>

Dear Roy:

```



```markdown

08-80736-CV-MARRA
588
```

P-015251

EFTA00189095



The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that.

My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion.



08-80736-CV-MARRA

P-015252

589

EFTA00189096



Meeting next Thursday. Does anything Roy say hold water?



Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed.



since receipt of your letter I have looked into the situation and the following is what is happening:

Mr. Epstein has not breached the Non-Prosecution Agreement (the “Agreement”) by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program.

1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control.

o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office.

o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff’s Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2)(a).

o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours. 08-80736-CV-MARRA

P-015253

590

EFTA00189097

subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2)(a).

o In Palm Beach County, the Sheriff’s Office has discretion over work release. The local rules state that placement into House Arrest and Work Release “is at the discretion of the Sheriff and the presiding Judge” and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release.” See Palm Beach County Department of Corrections Inmate Rule G-16.

2. The Non Prosecution Agreement does not prohibit work release.

o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence.

3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See ¶ 12 of the Agreement.

5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release “allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.”). So he is an inmate.

might serve a portion of his sentence through the Work Release Program.

o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is “entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program.” See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8.

7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenient but rather more restrictive than any other inmate in the program.

Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the

08-80736-CV-MARRA

P-015254

591

EFTA00189098

executive office to resolve this matter. Certainly it would be best for us to meet and discuss.

```markdown

11/24/08 12:28 PM >>>

Dear Roy:

```

(USAFLS)"

```markdown

08-80736-CV-MARRA

592

```

P-015255

EFTA00189099

It's about time for me to simply say, "have a great Thanksgiving." We'll hammer this out next week.

Thx.

Bob

That is the e-mail to the Colonel that I describe at the bottom.





Ok. What about the July 3 email he says that you wrote?



I don't know what he is talking about with a letter from . I will have to try to find that letter.

The citations to the rules of the PBSO are all correct.

The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that.

My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion.

```markdown

08-80736-CV-MARRA
593
```

P-015256

EFTA00189100



```markdown

-----Original Message-----

From: [blank] (USAFLS)

Sent: Wednesday, November 26, 2008 2:10 PM

To: [blank]. (USAFLS); [blank] (USAFLS)

Subject: RE: Jeffrey Epstein

```

Meeting next Thursday. Does anything Roy say hold water ?



Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed.



since receipt of your letter I have looked into the situation and the following is what is happening:

Mr. Epstein has not breached the Non-Prosecution Agreement (the “Agreement”) by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program.

1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control.

o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office.

o The Palm Beach County Sheriff’s Office has a policy of allowing work release under certain criteria for

08-80736-CV-MARRA

594

P-015257

EFTA00189101

those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff’s Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2)(a).

o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2)(a).

o In Palm Beach County, the Sheriff’s Office has discretion over work release. The local rules state that placement into House Arrest and Work Release “is at the discretion of the Sheriff and the presiding Judge” and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release.” See Palm Beach County Department of Corrections Inmate Rule G-16.

2. The Non Prosecution Agreement does not prohibit work release.

o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence.

3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See ¶ 12 of the Agreement.

5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release “allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.”). So he is an inmate.

## 6.

might serve a portion of his sentence through the Work Release Program.

o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is “entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program.” See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8.

08-80736-CV-MARRA

P-015258

595

EFTA00189102

7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenient but rather more restrictive than any other inmate in the program.

Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss.

```markdown

11/24/08 12:28 PM >>>>

```

Dear Roy:



```markdown

08-80736-CV-MARRA

596

```

P-015259

EFTA00189103







EFTA00189104

I don't know what he is talking about with a letter from . I will have to try to find that letter.

The citations to the rules of the PBSO are all correct.

The agreement says that he is entitled to "good time" like other prisoners, but I specifically rejected any language broader than that.

My e-mail explained to the Colonel that I didn't think he was statutorily eligible for participation but that decision was one within PBSO's discretion.



Meeting next Thursday. Does anything Roy say hold water?



Hi guys -- Happy Thanksgiving! Let me know how you would like me to proceed.





since receipt of your letter I have looked into the situation and the following is what is happening:

```markdown

08-80736-CV-MARRA
598
```

P-015261

EFTA00189105

Mr. Epstein has not breached the Non-Prosecution Agreement (the “Agreement”) by serving a portion of his 18-month sentence of imprisonment in the Palm Beach County Work Release Program.

1. He is currently serving his sentence in the Palm Beach County Work Release Program, not in the State-Regulated Community Control Program. Thus he is not on community control.

o The County Jail sentence he is presently serving is being served under the auspices of the Palm Beach County Sheriff's Office.

o The Palm Beach County Sheriff's Office has a policy of allowing work release under certain criteria for those sentenced to the Palm Beach County Detention Center or Stockade. It has already been determined that Mr. Epstein qualifies under the Palm Beach County Sheriff's Office policy for work release. The Florida statute authorizing work release for someone imprisoned in county jail is at 951.24 (2)(a).

o The statute provides that when punishment by imprisonment in the county jail is prescribed, the sentencing court, in its discretion, may at any time during the sentence consider granting the privilege to the prisoner to leave the confines of the jail or county facility during necessary and reasonable hours, subject to the rules and regulations prescribed by the court, to work at paid employment or to conduct his or her own business or profession. See Fla. Stat. § 951.24(2)(a).

o In Palm Beach County, the Sheriff’s Office has discretion over work release. The local rules state that placement into House Arrest and Work Release “is at the discretion of the Sheriff and the presiding Judge” and offer no defined scope of the type of offenders that are eligible—or that are barred—from serving their time in Work Release.” See Palm Beach County Department of Corrections Inmate Rule G-16.

2. The Non Prosecution Agreement does not prohibit work release.

o The Agreement does not regulate what programs Mr. Epstein can participate in while he is serving the County Jail sentence.

3. The Agreement expressly provides that he is to be afforded the same benefits that any other inmate might receive. See ¶ 12 of the Agreement.

5. Under Florida Law, work release is considered part of the confinement. See Rule 33-601.602, Fla. Admin. Code. (work release “allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.”). So he is an inmate.

08-80736-CV-MARRA

P-015262

599

EFTA00189106

## 6.

## recognized that Mr. Epstein

might serve a portion of his sentence through the Work Release Program.

o. On December 6, 2007, after the Agreement had been executed, counsel received a draft notification letter in which expresses this intention. The draft document provides that the recipient is “entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program.” See December 6, 2007 letter to J. Lefkowitz from attaching draft notification letter, p. 8.

7. I am told that on July 3, 2008, you wrote an email to the Deputy Sherriff stating that the US Attorney's Office had no objection to work release as long as Epstein is treated as any similarly situated inmate. If anything he is being treated more harshly than any other inmate in the program. He can't leave the office. He has a guard and is wearing a GPS device. So his terms are not more lenient but rather more restrictive than any other

Clearly we do not feel this is a violation of the agreement and we have no intent to violate it. We will meet with you and anyone in the executive office to resolve this matter. Certainly it would be best for us to meet and discuss.

```markdown

11/24/08 12:28 PM >>>>

Dear Roy:

```

(USAFLS)²

Please review

Assistant U.S. Attorney

```markdown

08-80736-CV-MARRA

600

```

P-015263

EFTA00189107