10/12/2009 17:12 FAX lit001/004 64/17/21309 17:00 PODHURST.ORSECK N0.064 P001 PODHURST ORSECK. P.A. City National Bank Building, Suite 800 25 West Elegies Street Miami, FL 33130 Please deliver the following page(s) to: Jack A.Goldberger, Esq. - Robert D. Critton; Jr., Esq. David W. Spicer, Esq. - Jay P. Leficowtiz, Esq. Roy E. Black, Esq. - Our File No.: 30608 From: Robert C. Josefsberg Date: April 17, 2009 Number of page(s): (Including cover page) Our Fax Number: MIMI MESSAGE: If you do not receive all lease contact us immediately at: - Extension 241 THIS IS A PRIVILEGED AND CONFIDENTIAL COMMUNICATION. IF YOU ARE NOT AN INTENDED RECIPIENT, YOU SHOULD: (1) REPLY TO SENDER; (2) DESTROY THIS COMMUNICATION ENTIRELY, INCLUDING DELETION OF ALL ASSOCIATED TEXT FILES FROM ALL INDIVIDUAL AND NETWORK STORAGE DEVICES; AND (3) REFRAIN FROM COPYING OR DISSEMINATING THIS COMMUNICATION BY ANY MEANS WHATSOEVER THANK YOU. EFTA00749138

Podhurst Orseck TRIAL de APPELLATE LAWYERS Aaron S. Podhurst Robert C. Josefsberg Joel D. Eaton Steven C Marks Victor M. Diaz. Jr. Katherine W. Ezell Stephen F. Rosenthal Ricardo M. Martinet-Cid Ramon A. Rasco Alexander T. Rundlet John Oravante, in Carolina Maharbiz April 17, 2009 VIA FACSIMILE David Spicer, Esq. 11000 Prosperity Farms Road Suite 104 Palm Beach Gardens, FL 33410 Robert Critton, Esq. Burman, Critton, Luttier & Coleman LLP 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 Jack Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Gentlemen: Robert Orseck (19341978) Walter 14. Peckham Jr. Karen Podhurst Dern Of Counsel During our recent meeting with Mr. Black, we were told that it is your client's position that the no-contact order agreed to during the state plea colloquy does not apply to any of our clients except for those victims who were part of Mr. Epstein's state plea. Our understanding is that AUSA Villafana and Messrs. Tein and Goldberger entered a verbal agreement at the time that the list of victims was provided to those defense counsel that Mr. Epstein, including his agents, would have no direct or indirect contact with the victims named on this list. in addiditon, under applicable Florida Bar Rules governing contact by attorneys and their agents with persons represented by counsel, any contact with any of our clients or their family members by Mr. Epstein, his counsel and/or his agents must strictly be through us. Mr. Lefkowitz had previously reassured us that Mr. Epstein would not contact any of our clients as long as I am "representing them in connection with settlement discussions." Due to our differences regarding the retroactivity issue and the "per plaintiff' v. per incident/count issue, we have apparently melted a dead end regarding settlement. pedhwair. Nest Street suite 8CO, 30 Miami Fax • Fort Lauderdale ZOOLI 1790 ' ON 1,00/Z00MI MD3SdOtiallHaOd wintpocibtastAam 00:23 600e/Lt/P0 WA CI:LI Benz/at/ex EFTA00749139

we are concerned that Mr. Epstein could misconstrue our impasse in conjunction with Mr. Leficowitz' e-mail to mean that now that we are no longer "representing them in connection with settlement discussions," he may contact them. Pleasebe assured that it is ourposition that regardless ofwhether we are representing our clients during settlement discussions and/or trial preparation, we, and the rules of professional conduct, prohibit contact. In order to be crystal clear as to whom we represent, we have attached a list of our present clients. We expect each member of Mr. Epstein's defense team to abide by the applicable rules of professional conduct. We request written confirmation from Mr. Epstein that neither he nor his agents will contact any of the victims represented by us. If this correspondence is in any way unclear, please contact us. Sincerely, Robert C. J efsberg cc: Roy Black, Esq. w/ enclosures Jay Letkowitz, Esq. w/ enclosures 200d 090TIN 1,00/COOMI >035d011.5d1HCOd 00:LI 600a/M/P0 YVA CI:LI 600Z/SI/OI EFTA00749140

10/18/2009 17:14 FAX 04/17/2009 17:00 PODHLRST.ORSECK la 004/004 1`1.064 0004 'KM-5Q= Se Isfi Sup mausaiddas flTM aft\ 1600Z LI IrAddic sg "iird vaudIsintwod nq parpragaidou sumo JO 3syl EFTA00749141