From: Jay Lefkowitz To: ' Subject: RE: Plea Agreement -- EPSTEIN Date: Fri, 21 Sep 2007 14:44:03 +0000 Importance: Normal Attachments: Non Prosecution Agreement Starting at Para 2 (State) (Redline after | comments).d oc_ (12107688 1).DOC a Please call me after you have a chance to review these edits. thanks -- Jay Pp prenows as ec 09/20/2007 06:43 PM Subject RE: Plea Agreement -- EPSTEIN Jay -- The 18 and 12 has already been agreed to by our office, so that is not a problem. On the issue about 18 USC 2255, we seem to be miles apart. Your most recent version not only had me binding the girls to a trust fund administered by the state court, but also promising that they will give up their 2255 rights. I reviewed the e-mail that I sent you on Sunday with the comments on some of your other changes. In the context of a non-prosecution agreement, the office may be more willing to be specific about not pursuing charges against others. However, as I stated on Sunday, the Office cannot and will not bind Immigration. Also, your timetable will need to move up significantly. As said in our meeting last week, his office can put together a plea agreement, information, and get you all before the judge on a change of plea within a day. I am headed out now, but you can get me on my cell or call me tomorrow in the office. Thank you. From: Jay Lefkowitz [mailt Sent: Thursday, September 20, 2007 6:12 PM To: I (SAF) Subject: Plea Agreement -- EPSTEIN EFTA00215176

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a looking it over and | may have some questions in the morning, but | have a few now regarding the state resolution In your last draft, you put in 20 and 10, and | thought that we had agreed to 18 and 12. | assume this is not a serious issue, but wanted to call it to your attention. | also wonder if you have any flexibility on the language in the 2255 paragraphs. | don't think we are very far apart on this language. | had also suggested some language, to be included in the agreement on finality, provided that Jeffrey abided by all the terms of the agreement. Please let me know your thoughts on these. | will continue to review the document and speak with you tomorrow. Thanks -- Jay ORTON ROR ROR RR RR RRR A ROR RR OW RR OW RRR WR RW em 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. eee T CCC CCC CCCCCCCTOCCCCCCS OO CCC CC CCOCTOCeCCCoCe CCC C Ceo ee SERRE EEE EEE EEE EE EEE EEE EEE EEE EE EEE EE 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. SEEKERS EASES ERASERS EFTA00215177