----Original Message----- From: Ann Marie Villafana <[email protected]> To: Lourie, Andrew (USAFLS) <[email protected]>; Lourie, Andrew (USAFLS) <ALouricasa.doi,gov> Sent: Sat Sep 15 15:08:07 2007 Subject: Epstein Hi Andy -- Sorry to bother you, but Jay wants to try to get this wrapped up over the weekend, and I received an e-mail from Jeff that you are going to handle finalizing the negotiations. I received your e-mail about the assault on the airplane charge. That is the only 6-month offense that we could find. I have already tried to float a plea to two counts of a 12-month offense with a nonbinding recommendation of 20 months, and that has failed. Jay's response is to suggest a plea to one count of a 12-month offense, which I rejected. Our only other option is an ABA plea to a 371 conspiracy charge. I like that best but the U.S. Attorney likes that least. Can you give me some direction? Thanks. Ann Marie Villafana Maillafana(aamaii.COM Begin forwarded message: MCC This is an Automatic Response. As of September 17, 2007 1 am beginning a detail to the Department of Justice, Criminal Division, in Washington, D.C. Rolando Garcia is now in charge of the West Palm Beach Office of the U.S. Attorney's Office. I will be checking this email account periodically. If this is urgent, please call Rolando Garcia at 561 209-1010 or 561 820-8711. My number in Washington is 202 514-9412 2066 EFTA00194222

U.S. Department of Justice United States Attorney Southern District of Florida 500 S Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (361) 820-8777 September 17, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 • Re: Jeffrey Epstein Dear Jay, Roy, and Jack: On today's date, our Office received an inquiry from State Attorney Barry Krischer related to the Non-Prosecution Agreement. In accordance with the terms of that Agreement, I am notifying you of this development. State Attorney Krischer has been contacted by counsel for the Palm Beach Daily News asking why the Non-Prosecution Agreement is under seal in order to determine whether to file suit asking that it be unsealed. I have informed State Attorney Krischer that the Agreement contains a confidentiality clause requiring us to provide Mr. Epstein's counsel with notice prior to making any disclosure (compulsory or otherwise). Since Mr. Epstein is a party to that criminal case, he has standing to contest any EFTA00194223

JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. JACK GOLDBERGER, ESQ. SEPTEMBER 17, 2008 PAGE 2 OF 2 unsealing, while we do not. Accordingly, I ask that you confer with Mr. Krischer regarding how you would like to proceed with the matter. I also want to reiterate the concern I raised in my letter of August 15, 2008, that the complete Non-Prosecution Agreement, which includes the October Addendum, has not been filed with the Court in accordance with the Judge's order. Please advise that this issue has been resolved. Thank you for your attention to these matters. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafafia • Assistant United States Attorney cc: Barry Krischer, State Attorney Karen Atkinson, Chief, Northern Division EFTA00194224