KIRKLAND & ELLIS LLP AND ATTIUATED PARTNERSIEDS Citigroup Center 153 East 531g Street - New York, New York 10027-4611 Jay © | otkawitz, PC (216-4900 To Call Writer Directly Focnende wren hirkiand con $212) 446 4900 jrothownlcdDeurkhenal Come August 22, 2008 VIA FACSIMILE (S61) 820-8777 A. Marie Villafana linited States Atlorney’s Office Southern District of Florida 300 South Australian Avenuc, Suite 400 West Palm Beach. Florida 33401 Re: Jeffrey Epstein Dear Maric: I write this letter to correct certain misstatements made in veur letter dated August 21, 2008. and the aecompanying draft notification. First, you state that "Mr. Josefsberg expended time, effort and funds in preparing to serve as altorney representative in October of 2007 Neither 1. nor any other attorney on Mr. Epstein’s defense ream. was notified of this work by Mr. Josetsberg. Second. in the victim notification letter, no judge “has ordered that the United States” make available a copy of the Non-Prosccution. Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleged “victims” and/or their allorncys “request the opportunity 10 review the Agreemem.” the USAO shal! 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 se is in conflict with the contidentiality provisions of the Agreement. Given that the individuals on the fist will have an attorney represemative 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. Epsicin’s counsel.” Fourth, we are concerned with your open-ended description of Mr, Epstcin’s respunsibilitics reyarding civil restitution, The resolution of liability pursuant to 18 U.S.C. EFTA00234477

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wivesvvse KIRKLAND & ELLIS LLP A. Marie Villafana 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, 110 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 Agreement’s disclosure requirements), Please confirm the exact name and number of individuals the government plans on notifying as provided for under the Agreement. Sixth, based on express language in prior communications front vour 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 adempting to reach a fair resohition 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 ligation. We again dispute the assertion that Mr. Joselsberg’s dutics include filing contested litigation. In any case, that issue is not ripe tor resolution at this point. but again, given his agreement to be the aliurney representative. we will address these matters directly with Mr. Josefsberg. ce: Karen Atkinson. Chie! Northern Division EFTA00234478

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wYyvtnvery KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York. New York 10022-4611 Phone: Fax Please notify us immediately if any pages are not reccived 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 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: “To: = ~~—~—~—~—~*«C Companys 0 Faxt”~S*«CO ret A. Marie Villafana United States Attorney's Office 561-820-8777 561-209-1047 cc: Company: Fax #: Diroct #: Karen Atkinson United States Attorney's Office 501-820-8777 561-820-8711 From: Date: Pages wicover: Fax #: Direct #: Jay P. Letkowitz August 22, 2008 3 fe FY ie - —— EFTA00234479