KIRKLAND & ELLIS LLP AND ATTIUATID PARTNERSIUES Citigroup Center New York, New York 10027-4611 Jay Pl otkowits, PC a To Call Writer Directly . : August 22, 2008 1A FACSIMI hi Linited States Attorney's Ol lice Southern District of Florida West Palm Beach. llorida 33401 Re Jeffrey Epstein Dear | | I write this letter to correct certain misstatements made in veur letter dated August 21 2008. and the wecompanying draft notification. First, you state that “Mr Josefsberg expended time, effort and funds in preparing fo serve 4s attorney representative in October of 2007.° Neither | nor any other allomey on Mr Epstein’s defense ream. was notified of this work by Mr. Josetsberg. Second. in the victim notification letter, no judge “has ordered that the United States” make available a copy of the Non-Prosecution. Agreement. is no court order requiring the government to provide the alleged “victims” with notice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the conlidentiality provisions of the Agreement. Given Uiat the individuals on the list will have an attorney represemative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should be excised Third. misstatements in your prior notification were nor made “with the approval of Mr. Epsicin’s counsel.” Fourth, we are concerned with your open-ended description of Mr, Epstcin’s responsibilitics regarding civil restitution, The resolution of liability pursuant to 18 U.S.C EFTA00067470

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@rvvasvvs KIRKLAND & ELLIS LLP August 22. 200% Pave 2 § 2255 is as stated in paragraphs 7 and $ of the Agreement and the Addendum to the Agreement, no more. 110 less, Filth. while vou state, in your letter. that the USAO does not intend to delete any of the names on the list provided to Mr. Epstein’s counsel, you do not confirm that the prior list is final and complete. There can be no expansivo of the list of individuals that you informed us had been memorialized as oF September 24. 2007 and disclosed to Mr, Epstein on June 30, 2008 (the date of sentence pursuant to the Agreement’s disclosure requirements). lease confirm the exact name and number of individuals the government plans on notifying as provided for under the Agreement. Sixth, based on express language in prior communications front your Office, we are in agreement that paragraphs 7 and & of the Agreement are in need of clarification and implementation. We will work with the attorney representative in alempling to reach a fair resohition of the outstanding civil matters in a manner that is in accordance with the Agreement. Seventh. we have previously communicated our objections to the propricty of the allorney representative engaging in contested liugation. We again dispute the assertion that Mr. Joselsberg’s dutics include filing contested litigation. In any case, that issue is not ripe tor resolution at this point, but again, given his agreement te be the allorney representative. we will address these matters directly with Mr. Josefsbere- sclhowitz ce: a. Chicl. Northern Division EFTA00067471

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KIRKLAND & ELLIS LLP Fax Transmittal New York. -4611 Phon: Fax Please notify us immediately if any pages are not reccived THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: To: Company: Fax #: Direct #: PF United States Attorney's Office | 561-209-1047 cc Company: Fax #: Diroct #: fo United States Attorney's Office Fs | “From: ———=é<“‘i—s~‘«~C ats=<Ct*i‘té*é*‘éRPCESWO:=2=2=2©2©2©©|©OFax®: 00000) Direct Jay P. Lefkowitz August 22, 2008 3 Fe P| “Message a EFTA00067472