Epstein Secrets

December I I. 2007 Page 4 the final agreement was very similar to what was proposed by Ms. in her initial draft agreement on July 31. 2007: the United Stales shall provide F.pstein's attorney's with a list of individuals whom it has identified as victims, as defined in IS U.S.C. f 2255. alter Epsicin has

oth offenses. Additionally, for the sake of fairness and candor, we believe the same language contained in your letter to Judge Davis, stating that Itibe United States takes no position as to the validity of any such claim under this statute," should be included in any proposed letter. Sixth, your letter states th

of an enumerated federal crime. This requires Mr. Epstein to in essence admit guilt, though he believes he did not commit the requisite offense. The United States Attorney Manual ("USAM") 9-27.440, Principles of Federal Prosecution, sets forth' clear r,:quirement when' defendant tenders' pica of guilty but sub

ropriate defense team members. First, I would like to address the Section 2255 issue! As I stated in my December e letter, my understanding is that the Non-Prosecution A reement entered into between this Office and Mr. Epstein responds to Mr. Epstein's desire to reach global resolution of his state and federal crimin

ent, Jeffrey Epstein has willfully violated the conditions of the Agreement. In particular, Epstein has repeatedly denied that the victims named by the United States are not victims of an enumerated offense contained in Title 18, United States Code, Section 2255, and has attempted to stop those victims from pursu

o obtain damages. Epstein's waiver of liability regarding civil suits brought pursuant to 18 U.S.C. § 2255 was a key piece of consideration for the United States' willingness to defer its prosecution to the State of Florida. To complete his performance of his contractual obligations, Mr. Epstein must submit to

EI. R. TIN, ESQ. JULY 22, 2008 PAGE 2 object to the names on the list and chose not to make any objections. Accordingly, pursuant to the terms of the Non-Prosecution A reement as modified, Mr. Epstein and all of his representatives are required to treat and as "victims of an enumerated offense." Furthermore, Mr

the planned indictment, the identified victims would have been eligible for restitution and damages under Section 2255. As explained above, one of the United States' interests, which had to be satisfied by the Non-Prosecution Agreement, was providing appropriate compensation to the victims. This provision of the

participation, yet he was not present. EFTA01659898 KENNETH STARR, ESQ. NOVEMBER 30, 2007 PAGE 4 OF 6 Instead, Mr. Epstein elected to ne otiate the Non-Prosecution A eement, and on September 12, 2007, counsel for the United States Garcia, and and counsel for Mr. Epstein (Messrs. Lefcourt Lefkowitz and Goldberg