Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Friday, August 01, 2008 3:54 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Jane Doe Litigation Alex and Jeff, On Tuesday evening, July 29, I filed with the Court our notice advising that the government did not believe an evidentiary hearing was necessary, since there were only two facts which were relevant: (1) no federal charges in S.D.Ela. against Jeffrey Epstein; and (2) Epstein plead guilty to state charges on June 30, 2008, was sentenced, and is in jail in Palm Beach County. On Wednesday, I received an urgent phone message from Brad Edwards, counsel for the victims. He said he needed to speak with me to determine if this matter couldn't be resolved without a hearing or further intervention from the Court. When I called him back, Edwards told me he had obtained a copy of the state court plea bargain, and realized Epstein was going to be on probation after his incarceration was completed. Edwards understood that, if Epstein violated his probation, that could be a basis for further charges against Epstein. The tenor of his conversation was that, since he knew more, he could be convinced that his clients' interests are adequately protected by the deferral of prosecution agreement. Edwards requested: (1) a copy of the agreement between the USAO and Epstein; and (2) the opportunity to meet with USAO representatives about the agreement and how the provisions would work. I told him the agreement contained a confidentiality provision, and had been filed under seal in state court, but I would determine if it had been publicly filed anywhere. On Thursday, I called Edwards to tell him I still had not determine if the agreement had been publicly disclosed anywhere, but that I would be glad to meet with him and his clients next week Today, I verified with Marie that the agreement had not been filed by Michael Tein in the federal court civil litigation. Tein also called me for any information on the Jane Doe case, and I asked him if the agreement had been filed. He told me he had filed sealed motions with the court, in which references were made to the provisions of the agreement, but the agreement itself had not been filed. Since the agreement Is not public, and there is a confidentiality provision in it, I don't believe we can produce it to the victims. We can still meet with Edwards and his clients, but it will be without the agreement being produced. This may not satisfy them. Edwards just filed a fifteen-page reply/response to our two-page notice to the court. Edwards' response looks more like a summary judgment motion, rather than a simple agreement or disagreement with the government's view that no further hearing is necessary. Please let me know your views on whether the agreement can be disclosed to Edwards and his clients, and whether it would be permissible/advisable to meet with Edwards and his clients. Thanks. Dexter 19 0 341 EFTA00193605

Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1105629215 [Date=8/1/2008] [FileNumber=5398771-0] [2b5306b93530dfc5af8c7a275dbd5c566875ec3dc16da227805a577da7ae0e217564 9a5268a5a2438792473b44b81ff6085fd967a1d94dcc80404f081f0461d3]] Document description:Exhibit Proposed Stipulation Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1105629215 [Date=8/1/2008] [FileNumber=5398771-1] [2457ae607b8a32a77d44129471ecO5d5d419cd01863ebc78e9Seb23369212475e73f 77f0edd5fd8a4d3cblf03e4f1b5a05f90e55d5888c02ccOc023cc29d0c34]] Document description:Exhibit July 17, 2008 Letter Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1105629215 [Date=8/1/2008] [FileNumber=5398771-2] [028a1255f1d8569c9c552990d05df60977C8f323394fc172a4471c5752bd8144c367 3368f8948f93af83f822d412b8644f5eba8384b5b2ff42ae80fa3333248a]] Document description:Exhibit July 3, 2008 Letter Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1105629215 [Date=8/1/2008] [FileNumber=5398771-3] [86cb55b1dd7964ba4ce672a9Ofe250f58bb0e850cadc806a13516064217b8353973f 9f53ec46d4342ab88d460e63c78793f0ea5191a9756dcbb2e2fd710810ce]] 340 EFTA00193606

receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. U.S. District Court Southern District of Florida Notice of Electronic Filing The following transaction was entered by Edwards, Bradley on 8/1/2008 at 2:48 PM EDT and filed on 8/1/2008 Case Name: Doe 11 United States of America Case Number: 9:08-cv-80736 <https://ecf.flsd.uscourts.gov/cgi- bin/DktRpt.pl?317867> Filer: Jane Doe Document Number: 19 <https://ecf.flsd.uscourts.gov/docl/05105558239?magic num=70793128&de seq num=55& caseid=317867> Docket Text: RESPONSE/REPLY to Goverment's Notice to Court Regarding Absence of Need for Evidentiary Hearing and Motion for Production of Non-Prosecution Agreement and of Report of Interview filed by Jane Doe. (Attachments: 4 (1) Exhibit Proposed Stipulation, # (2) Exhibit July 17, 2008 Letter, 4 (3) Exhibit July 3, 2008 Letter)(Edwards, Bradley) 9:08-cv-80736 Notice has been electronically mailed to: Paul G. Cassell cassellpOlaw.utah.edu Bradley James Edwards befibradedwardslaw.com Dexter Lee dexter.lee€usdoj.gov, giovanni.coutardOusdoi.gov, USAFLS- HODKTOusdoi.gov Ann Marie C. Villafana ann.marie.c.villafanaOusdoi.gov, shawn.ballOusdol.gov 9:08-cv-80736 Notice has not been delivered electronically to those listed below and will be provided by other means. For further assistance, please contact our Help Desk at 1-888-318-2260.: The following document(s) are associated with this transaction: Document description:Main Document 339 EFTA00193607