KIRKLAND & ELLIS LLP AND AIT VIA FACSIMILE (561) 820-8777 I write this letter to correct certain misstatements made in vour letter Auust 2) 2008. and the awecompunying drafi notification First. you state that “Mr Josetsberg expen fon and finds in preparir ’ is olor representalive in October of 2007 1. nor any other on Mr Epsicin’s defense team. was notified of this work by Mr. Josetsbe Second, in the victim notification letter, no judge is ordered that the United State make available a copy of the Non-Prosccution Agreement. Section (d) of the Order to Compel Production and Protective Order provides that i!’ any of the alleged “victims MlorMeys “request the Ty 10 review the A m. the USA shal request so long as those individuals agree not to d he Non-Prosecution Ag * no court order requiring the government to provide the a “victims” with notice that the Non-Prosceution Agreement is available to them pen request and doing so is in contlict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have Misstatements in your prior notification were not made “with the approval of s counsel Fourth, we are concerned with your open-er respunsibilitics regurding civil restitution. The re vlution of i EXHIBIT B-86 EFTA00224869

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KIRKLAND & ELLIS LLP \. Marne Villatiana 23. 2008 § 2255 is as stated in paragraphs 7 and § of the Agreement and the Addendum to the Avreeme no more. ue less, Filth. while vou state, in your letter, that the USAO does not intend to delete nes on the list provided to Mr. Epstein’s counsel. you do not confirm that al e can be no expansion of the list of individuals that you informed us had been memorialized its oF September 24, 2007 and disclosed to Mr, Epstein on June 30. 2008 (the prior and complete date of sentence pursuant to the Agreement’s disclosure requirements). Please contirm th > exact name and number of individuals the vernment plans on noulving as provided for under the \zreement Sixth, based on express languaye in prior communications from your Office. agreement that paragraphs 7 and & of the vc Are in cement are in need of clarification and implementation. We will work with the allomey representalive in alempting to reach a fair resolution of the outstanding civil matters in a manner that is in accordance with the Agreement ypricty of the Seventh, we have previously communic I allommey representative engaging in contested litigation. We again dispute the assertion that “d our objections to the Mr. Joselsberg’s dutics include filing contested litigation. In any case, that issue is not ripe for resolution at this point, but agai nh. given his agrees address these matters directly with Mr t to be the allurney representative. we will Josefshe Sinegrely i fav P. Lelkowity EFTA00224870

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KIRKLAND & ELLIS LLP Fax Transmittal Citigroup C 153 East 53rc New York, New York 1 Phone rax 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 INS INFORMATION, AND iS INTENDED ONLY FOR THE USE OF THE AODRESSEE. UNAUTHORIZED USE DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IDE IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOT US IMMEDIATELY AT: ( 446-4800. From Pages wicover: Fax #: Direct #: Jay P. Lefkowitz August 22, 2008 3 212 446-0460) 212 446-4970 ” Message OO ; ” 7 _ EFTA00224871