Case 9:08-cv-80736-KAM Document 361-8 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT EFTA00081246

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Case 9:08-cv-80736-KAM Document 361-8 Entered on FLSD Docket 02/10/2016 Page 2 of 2 Ps (USAFLS) From: EE (SF) nt: Tuesday, September 18, 2007 2:53 PM : ‘Jay Lefkowitz’ ubject: Factual proffer Hi Jay — I didn’t want us to get sidetracked during the conference call. [ want to make sure that we have a factual basis for “harassment.” (EE somewhere else is a different 1512 offense with a 10 year cap. This is the factual proffer that I drafted up earlier this afternoon, to give you an idea of what it would look like. When I include a factual proffer in a plea agreement, I usually use prefatory language like: The parties agree that, had this case proceeded to trial, the United States would have proven the following facts beyond a reasonable doubt, and that the following facts are true and correct and are sufficient to support a plea of guilty . ral Epstein Plea Proffer.doc Assistant U.S. Attorney 0 S. Australian Ave, Suite 400 est Palm Beach, FL 33401 RFP MIA 000129 EFTA00081247