KIRKLAND & ELLIS LLP jay fF atewtz PC ToC Nether Directly ( 446 4970 lotkowilz@fkurkiand com Facsenile (212) 446-4900 wow trkland com August 18, 2008 i _— A FACSIMILE (561) 820-8777 Re: Jeffrey Epstein Dear Marie | write in response to your letter dated August 15, 2008 regarding the civil restituuion portion of the Deferred Prosecution Agreement (the “Agreement’). ‘Thank you lor conlirming our position that the December modifi by U.S. Aderney Acosta in his Decen statute in a federal plea ion proposal is not part of the Agreement. As expressed © 19, 2007 ter, the unorthodox use of a civil restitution agreement, which resulled in state charges against Mr. Epstein, has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the 18 U.S.C $2255 aspects of the Agreement are carried out in a proper manner. it would be useful to come to un agreement as to the implementation of the civil restitution portion of the Agreement. As we have previously stated, Mr. pstein fully intends to abide by the terms of the Agreement, and we hope you appreciate that our efforts to resolve any misunderstandings between Mr. Epstein and the government about the terms of the Agre carried out fully and fairly nent are intended only to ensure that it is In an effort to avoid having cither party unintentionally breach the Agreement, we suggest that steps be taken to clarify the meaning of paragraphs 7-10. ht would be extremely helpful to both sides to have an independent third party consider the Agreement and offer the final word on how certain clauses should be interpreted and satisfied. Because the government has already enlisted Judge Davis to select the attorney representative under the Agreement, we would be amenable to his serving in this role In order to come to an agreement on the exact procedure by which the identified individuals will obtain restitution, | am providing you with our thoughts on three issues below EXHIBIT B-84 tecagr Hong Kong Londor Los Angeles Munict San Francesco Wastungiwn, 0.C EFTA00224866

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KIRKLAND & ELLIS LLP A. Maric Villafana August 18. 2008 Jonge > Page 2 Once we come to an agreement on the following and vou provide a complete and final list of identified individuals, it will be appropriate to notify them First. Lam concerned by | suggestion that you might want 10 increase the number of individuals on the government's list. I had expected the number to have become smaller, because when we spoke prior to signing the agreement, you told me that the government already had a list, and we were informed thereafter that the September 24, 2007 list had been narrowed Certainly. anyone who was not on the list prior to September 24, 2007 cannot permissibly be added to the hist Second, we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should be limited to (1) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact information of the selected attorney representative. We object to the inclusion of additional information about the investigation of Mr. [:pstein, the terms of the Agreement other than paragraphs 7-10. and the identity of other identified individuals Third, as you are aware. the Addendum requires that “the parties will jointly prepare a short wnitten submission to the independent third-party regarding the role of the attorney representative and regarding Epstein’s Agreement to pay such attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra.” We will certainly cooperate with the government to dratt such a joint submission and would be pleased to submit draft language to you for such a joint submission I look forward to working with you to resolve these matters. | believe we have a mutual iMterest IN Moving past all of these issues so that the civil restitution aspects of the Agreement can be fulfilled. Sincerely. y O A —_ / EFTA00224867

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KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Strect 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 US IMMEDIATELY AT: (212) 446-4800. Jay P. Lefkowitz. August 18. 2008 3 212 446-6460 212 446-4970 Message EFTA00224868