U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 Facsimile: July 17, 2008 VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: The Office has reviewed your “Notice of Continued Pendency of Federal Criminal Action,” and we feel that it misrepresents the posture of the federal investigation. For example, you cite to Jn re Grand Jury, No. FGJ 07-103 (WPB), as evidence that the federal criminal action remains pending. That is a citation to Mr. Epstein’s Motion to Quash a subpoena for computer equipment removed from Mr. Epstein’s home after he and his attorneys were aware of the existence of the state investigation. Pursuant to the Non- Prosecution Agreement, that motion was supposed to have been withdrawn several months ago, and, therefore, is not “pending” in our estimation. ; The Non-Prosecution Agreement calls for deferment of federal prosecution “in favor of prosecution by the State of Florida, provided that Epstein abides by the [enumerated] conditions and the requirements of th{e] Agreement...” (Non-Prosecution Agreement, p. 2 (emphasis added).) One of those conditions is Epstein’s agreement that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, and that they “will have the same rights to proceed under Section 2255 as [they] would have had if Mr. Epstein had been tried and convicted of an enumerated offense.” (United States Attorney’s December 19, 2007 letter to Lilly Ann Sanchez.) If, in fact, your position is that the federal criminal action is still pending such that the Court must stay the civil proceedings, then the Office proposes that we seek the prompt resolution of the Motion to Quash, so that the computer equipment can be analyzed and the EFTA00223554

--=PAGE_BREAK=--

MICHAEL TEIN, EsQ. JULY 17, 2008 PAGE 2 federal investigation can continue. If, instead, Mr. Epstein intends to fully abide by the Non- Prosecution Agreement, then the “federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Epstein] violates any term of [the Non-Prosecution Agreement].” (Non-Prosecution Agreement, page 5.) Please advise whether you intend to correct the representations to the Court regarding the status of the federal investigation. Sincerely, R, Alexander Acosta United States Attorney } By: Assistant United States Attorney ce: Jack Goldberger, Esq. heeneetieees [s(. EFTA00223555

--=PAGE_BREAK=--

U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 3340] Facsimile FACSIMILE COVER SHEET TO: Michael R. Tein _ rAXNO, 7 PHONE NO. [i TO: Jack Alan Goldberger FAXN,. ZZ — PHONENO. 77 DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein _ PHONE NO. FY COMMENTS: EFTA00223556

--=PAGE_BREAK=--

os/1s/08 18:17 FAX SR USAO WEST PALM Goo. HEESERERSEAKSERALSSASAS ee TX REPORT eke EKKERAEKRKASLSLSSRRSS TRANSMISSION OK TX/RX NO 3957 CONNECTION TEL | SUBADDRESS CONNECTION ID ST. TIME 07/17 18:16 USAGE T 00'42 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida 500 S, Australian Ave, 4th Floor ch, Florida 3340] Facsimil FACSIMILE COVER SHEET TO: Michael R. Tein rx 7 TOO TO: Jack Alan Goldberger ve PHONENO. 7! DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: Re. Assistant U.S. Attorney _ PHONE NO, P| : EFTA00223557

--=PAGE_BREAK=--

07/17/08 18:18 PAX USAO WEST PALM 001 “s ERAERSERERSLS SHS RSS *ee% TX REPORT EE ERERRRAERSES SATS S RRS TRANSMISSION OK TX/RX NO 3958 CONNECTION TEL Hii | SUBADDRESS CONNECTION ID ST. TIME 07/17 18:17 USAGE T 01'04 PGS. SENT 3 RESULT OK U.S, Department of Justice United States Attorney Southern District of Florida 500 8. Australian Ave, 4th Floor West Palm Beach, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: Michael R. Tein PAXNO. I PHONENO. TO: Jack Alan Goldberger : raxno, MM PHONE NO. NN DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: _(§E Assistant v.s. Attorney PHONE NO. _ EFTA00223558