Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [[email protected]] Sent: Thursday, August 14, 2008 2:39 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Atkinson, Karen (USAFLS); [email protected] Subject: Re: Follow-up point Marie - In reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. Finally, would paragraphs 8-10 of the September Agreement still be operative? I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues. Thanks — Jay "WWWILAnnMadoC.NSAFLSr <ftrimMaricCNillidanadbusdawn 08/14/2008 12:44 PM To lIttkOwitzekirkland.com> cc "Atkinson, Karen (USAFLS)" <Karen Atitineonkbusdoi env> Subject Follow-up point f fi Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. A. Marie Villafail a Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Reach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 t********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may 246 EFTA00193254