<lozloe Lefkowitz ltr TAMCYY EFTA00223616

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08/22/2008 17:09 FAX @ 002/003 t ‘ KIRKLAND & ELLIS LLP AND ATTIVIATED PARTNERSHIPS. Citigroup Canter 183 East 53ra Stroat New York, New York 10022-4611 Jay P lotkawitz, PC | To Wii ~otly Eaxcninile wore kirkland com | August 22, 2008 SIMILE: Lintted States Attorney's Ollice Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach. Florida 33401 Re: Jeffrey Epstein Dour i. 1 write this letter lo correct certain misstatements made in your letter dated August 21, 2008. and the accompanying draft notification, First, you state that "Mr. Josefsberg expended time, effort and funds in preparing to serve as allorney representative in October of 2007.7 Neither 1. nor any other attorney on Mr, Epstein’s defense team. was notified of this work by Mr. Josetsberg. Second. in the victim notification leer, no judge “has ordered that the United States” make available a copy of the Non-Prosecution Agreement. Section (d) of the Order ta Compel Production and Protective Order provides that if any of the alleged “vietiins” and/or their Atlorncys “request the Opportunity to review the Agreement.” the USAO shall comply with the reguest so long as those individuals agree not to disclose the Non-Prosecution Agreement, ‘There is no court order requiring the government to provide the alleged “victims” with notice that the Non-Prosceution Agreement is available to them upon request and doing so is in conilict with the contidentialily provisions of the Agreement. Given that the individuals on the list will have an attorney representative 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 not made “with the approval of Mr. Epstein’s counsel,” Fourth, we are concerned with your open-ended description of Mr, Epstein’s respounsibilitices regarding civil restitution, ‘The resolution of liability pursuant to 18 U.S.C. EFTA00223617

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08/22/2008 17:09 FAX : 003/003 ’ ‘ KIRKLAND & ELLIS LLP August 22, 2008 Page 2 § 2255 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement, no more. HO 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 expansion of the Jist of individuals that you informed us had been memorilized as ol September 24, 2007 and disclosed to Mr, Epstein on Jung 30, 2008 (the date of sentence pursuant to the Apreement’s disclosure requirements). Please confirm the exact nae and number of individuals the government plans on notilying as provided for under the Agreement. Sixth. based on express language in prior communications from your Offies, we are in agreement that paragraphs 7 and 8 of the Agreement are in need of clarification and implementation, We will work with the attorney representative in alempting to reach a fiir resolution of the outstanding civil matters in a manner that is in accordance with the Agreement, Seventh, we have previously communicated our objections to the propriety of the allorney representative engaging in contested litigation. We again dispute the assertion that Mr. Joselsberg’s duties include filing contested litigation, In any case, that issue is not ripe lor resolution at this point, but again, given his agreement to be the allurney representative. we will address these matters directly with Mr, Josefsberg. ce: a. Chicl. Northern Division EFTA00223618

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08/22/2008 17:03 FAX (M001/003 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, N tk 4 ~4611 Phone; Fax: Please notify us 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 #; Direct #: PY United States Attorney's Office PY FY cc Company: Fax #: Direct #: fF United States Attorney's Ollice FY | “From: ~~—~—~*~*«Ci tts Pages wicover: Fax #: Direct #:; Jay P. Lefkowitz August 22, 2008 3 Fs | Message: OT EFTA00223619

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o cece wvveseve KIRKLAND & ELLIS LLP jletkowsle@ kirkland com AND AINUATED PARTNERSHIPS Citigroup Center } 153 East 53rd Street - New York, Now York 19022-4611 } Jay P letkowitz, PC 446-1200 | To Call Writer Directly Facsimile 446-4970 wow lurkisind com Fi | | August 22, 2008 United States Attormey’s Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach. Florida 33401 Re: Jeffrey Epstein Deur i. 1 write this letter to correct certain misstatements made in vour letter dated August 2), 2008, and the accompanying draft notification. First, you state that “Mr. Josefsberg expended time, effort and funds in preparing to serve as atlorney representative in October of 2007 Neither |. nor any other attorney on Mr. Epstcin’s defense team. was notified of this work by Mr. Josctsberp. Second. in the victim notification letter, no judge “has ordered that the United States” make available a copy of the Non-Prosecution Agreement. Section (d) of the Order to Campel Production and Protective Order provides that HW any of the alleged “victims” and/or their Mlorneys “request the dpportunity to review the Agreement.” the USAO shall comply with the request so long as those individuals agree not to disclose the Non-Prosecution Agreement. ‘There 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 cuntlict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the 1erms 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 not made “with the approval of Mr. Epstein’s counsel,” Fourth, we are concerned with your open-ended description of Mr. Epstein’s responsibilities regarding civil restitution. ‘The resolution of liability pursuant to 18 ULS.C. ‘ EFTA00223620

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erry gj vuasuud KIRKLAND & ELLIS LLP A. Marie Villafina August 22, 2008 Pagic 2 § 2255 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement. no more, uO 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 expansion 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 Apreement’s disclosure requirements). Please confirm the exact name and number of individuals the government plans on noulying as provided for under the Agreement. Sixth. based on express language in prior communications from 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 auempting to reach a fair resolution of the outstanding civil matters ji a manner that is in accordance with the Agreement. Seventh, we have previously communicated our objections to the propricty of the allosney representative engaging in contested litigation. We again dispute the assertion that Mr. JoselSberg’s duties include filing contested litigation. In any case, that issue is not ripe for resolution at this point, bur again, given his agreement tu be the alturney representative. we will address these matters directly with Mr, Josefsberg. ce: [EE chicr. Northern Division } } | j } } } EFTA00223621

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“© © ce eee oes wWEBisvvo KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, N rk 1 -4611 Phone: Fax: Please notify us 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 NOTIFY = IMMEDIATELY AT: “To: ”*~*~<“it*‘;é‘CCOm~pys— Fax #; Direct #: FY United States Attorney's Office fF FY cc: Company: Fax #: Direct i: Karen Atkinson United States Attorney's Ollice FY PY “From: . Date: Pages wicover: Fax #: Direct #:; Jay P. Lefkowitz August 22, 2008 3 FY PY Message: EFTA00223622

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KIRKLAND & ELLIS LLP AND ATTIUATED PARTNORSUIDS Citigroup Center 153 East 5310 Sweet . New York. Naw York 19022-4611 Jay P | ofkowit:, PC a To Call Weiter Directly Facsimde wow kirkland com i 446-4900 Jetkowiz@kikland corny August 22, 2008 VIA FACSIMILE (561) 820-8777 A. BEB Vitiarana United States Atomey’s Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach. Florida 33401 Re: Jefirey Epstein. Deur i. 1 write this leter to correct certain misstatements made in your letter dated August 2), 2008, and the accompanying draft notification. . First, you state that “Mr. Josefsberg expended time, effort and funds in preparing to serve as-atlorney representative in Qetobéer of 2007. Neither 1, ner any other attonicy on Mr. Epsicin’s defense team. was notified of this work. by Mr. Josefsberp. Sccond. in the victim notification letter, no judge “has ordered that the United States™ make available a copy of the Non-Prosecution. Agreement. Section (d) of the Order.to Compel Production and Protective Order provides that if any of the alleged “victiins” and/or thyir allorieys “request: the Gpportunity te ‘review the Agreement,” the USAO shall comply with the request so long as those Individuals agree not to-disclése the Non-Prosecution Agreement, ‘here “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 confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative 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 not made “with the approval of Mr. Epsi¢in’s counsel,” . Fourth, we are concerned with your open-ended description of Mr. Epstcin’s responsibilitics revarding civil restitution. The resolution of liabiliw pursuant to 18 ULS-C. EFTA00223623

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gvuvasuus KIRKLAND & ELLIS LLP A. la Bittatians August 22, 2008 Pave 2 § 2255 is as stated in paragraphs 7 and-8 of the Agreement and the Addendum to the Agreement, no more, 0 less, ; Filth. while vou state, in your letter, that the USAO does not intend to delete any of the names on the fist provided to Mr. Epstein’s counsel. you do not confirm that the prior list is final and complete. There can be no expansion 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 Aprcenicnt’s disclosure requirements). Please confirm the exact name and number of individuals the government plans on notifving as provided for under the Agreement. Sixth; based on express language in prior communications from 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 auempting to reach a fair resolution of the outstanding civil matters i) a manner that is in accordance with the Agreement. Seventh, we have previously communicated our objections to the propriety of the allomney representative engaging in contested litigation, We again dispute the assertion that Mr. Joselsberg’s dutics include filing contested litigation. In any case, thar issue is not ripe for resolution at this point. bin again, given his ayreenient to be the attorney representative. we will address these matters directly with Mr, Josefsberg. . Mire JP. Lefkowitz ce: Karen Atkinson, Chie! Northern Division EFTA00223624

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wvvireee KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street Néw York, New York 1 -4611 Phone; Fax Please notify us immediately if any pages are not recelved. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND 1S INTENDED ONLY FOR THE USE OF THE AODRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIEY = — AT: To: Company: Faw a Direct #: A. || Villafana United States Attorney's Office FY 561-209-1047 ce: Company: Fax #: Direct #: FY United States Attorney's Office 561-820-8777 561-820-8711 From: « Date: Pages wicover- Fax #: Direct #: Jay P, Lefkowitz, August 22, 2008 3 FY fF “Message, EE EFTA00223625