12/6/07 Storr te Acosta EFTA00176178

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12/05/47 WED 15:24 FAX 1 [i KIRKLAND&ELLIS LLP ooz KIRKLAND & ELLIS LLP (AND AFTTLIATED PARTIOLASHIPS 777 South Figueroa Street Los Angeles, California 90017 Kenneth W. Starr aii. “aan = December 5, 2007 Honorable R. Alexander Acosta United States Attorney United States Attorney’s Office Southern — : Florida Re: Jeffrey Epstein Dear Alex: We are in receipt of your letter faxed to Jay on December 4 and faxed to Ken today in Los Angeles, and write to inform you that we will respond in full to that letter no later than Friday, December 7. We take this opportunity to address a few of the initial issues. _ First and foremost, we reaffirm the Non-Prosecution Agreement (the “Agreement”). Mr. Epstein has no intention of unwinding the Agreement. Indeed, he has already performed under the Agreement by directing his lawyers to urge the State of Florida to allow him to plead guilty to crimes more egregious than the State belicves he committed, and to sentence him more harshly than the State stil] believes is appropriate. However, as you know, we take serious issue with your staff's interpretation and implementation of the Agreement, in particular the use of Section 2255, but also other aspects of your office's investigation and prosecution of this matter. As we have expressed to you on prior occasions ~ where you have made clear you have no objection ~ we hope to address these issues with Assistant Attorncy General Fisher in Washington. Second, your letter makes reference to “certain filings” that you state are due to your Office by December 7 and to “certain events” that must occur before December 14, We have no knowledge of any such deadlines and in fact do not know what filings and events to which you are referring. Please let us know what the December 7 and December 14 deadlines are, if any, so that we can make sure to comply with them. EFTA00176179

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12/05/07, WED 15:24 FAX 1 KIRKLAND&ELLIS LLP (003 Honorable R. Alexander Acosta December 5, 2007 Page 2 Finally, you state that you intend to issue the victim notification letters on Friday, December 7. t, in a discussion late last week between (Mand Lilly Ann Sanchez, Mr. that your Office would send us a revised version of the notification letter, h we have not received to date, While we believe that it is wholly. inappropriate for your Office to send this letter under any circumstances, it is certainly inappropriate to issue this letter without affording us the right to review it. We strongly urge that you withhold the notification REE A a ts eR HT SR Attorney General Fisher. ce: Honorable MEMENINNE, Assistant Attorney Gerieral MR First Assistant U.S. Attorney EFTA00176180

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12/05/07 WED 15:23 FAX | KIRKLAND&ELLIS LLP @oo1 KIRKLAND & ELLIS LLP Fax Transmittal Phone. Fax: Please notify ue Immediately if any pages are not received. 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 ~ — AT: To: Company: Fax i: Direct #: United States Attorney’s Office rs ro Hon. R. Alexander Acosta Southern District of Florida From: Date: ane: Fax it: Direct #: Kenneth W. Starr December 5, 2007 3 fF | Message: EFTA00176181