Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) <[email protected]> Sent: Tuesday, July 8, 2008 6:17 PM To: Lee, Dexter (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: RE: Draft Response in Jane Doe Attachments: victim_resp.wpd Here is a second draft, with small rewrites I reduced the discussion of negotiations. The agreement has a confidentiality clause. I note this, because if we disclose too much, then we will be sued by the other side for breach of that clause. In other words, we need to disclose and discuss without going too far — unless ordered to do so by the court. <<victim_resp.wpd» : From: Lee, Dexter (USAFLS) Sent: Tuesday, July 08, 2008 5:29 PM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Draft Response in Jane Doe Alex and Jeff, Here is a draft response to the emergency petition filed by Jane Doe in the Epstein case. Our first argument is that Doe had no rights under 18 U.S.C. 3177(a)(5) since that provision does not apply where there are no "court proceedings" in federal court, and none were contemplated, as long as Epstein complied with the non- prosecution agreement. The second argument is that the government used its best efforts to comply, since the A/G guidelines permitted us to not notify victims of the proposed plea negotiations if the proposed plea involved confidential information or conditions, or there is another need for confidentiality. Article IV, Section B(2)(C)(3). The government exercised its discretion and determined that keeping the terms confidential was necessary in order to obtain the best agreement. In particular, the government wanted Epstein to make a significant concession on one of the elements in 18 U.S.C. 2255. I am speaking with Kim Herd at EOUSA regarding the government's position. In particular, the first argument will have to be cleared by DOJ before I can assert it. Please feel free to make any comments. Thanks. Dexter « File: victim_resp.wpd >> 1 EFTA00194428

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561)8204777 July 8, 2008 VIA FACSIMILE AND ELECTRONIC MAIL 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 Mr. Goldberger: In accordance with the terms of the Non-Prosecution Agreement, on June 30, 2008, the United States Attorney's Office provided you with a list of thirty-one individuals "whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein." Yesterday, I provided you with the identification of another victim whom I had erroneously left off of that list. At the time the list was provided, Special Agent Kuyrkendall and I impressed upon you the need to finalize this last piece of the agreement as quickly as possible so that we could fulfill our victim notification obligations. In deference to your vacation, we allowed you a week to provide us with any objections or requested modifications to the list and/or the Notification language. Yesterday, I contacted you via telephone and e-mail, but received no response. Accordingly, the United States hereby notifies you that it will distribute the victim notifications tomorrow, July 9, 2008, to each of the thirty-two identified victims, either directly or via their counsel. A carbon copy of each notification will be provided to you, and the notification will list you as the contact person for any civil litigation, if the victim decides EFTA00194429

JACK POLDBERGER, ESQ. Jun? 8, 2008 PAGE 2 to pursue damages. If the United States learns that a civil suit has been filed against Mr. Epstein and he has denied that one of these victims is entitled to proceed under 18 U.S.C. § 2255, that will be considered a breach of the Non-Prosecution Agreement and the United States will proceed accordingly. Sincerely, R. Alexander Acosta United States Attorney afr By: cc: Karen Atkinson, AUSA A. Marie Villafafla Assistant United States Attorney EFTA00194430

P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 8.2008 2:11PM ) * * * TTI USAO WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL. 8. 2:10PM 5618358691 TES * : BATCH L : SEND LATER S : STANDARD p-: CIC'VMr C -g 1 CONFIDENTIAL FORWARDING k)DE 0'34" P. 3 OK 398 P OL : ECM : P LING E F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00194431

U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Vials*: 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 TO: Facsimile (561) 820-8777 FACSIMILE COVER SHEET Jack Alan Goldberger DATE: July 8, 2008 ft OF PAGES: RE: 3 FAX NO. 561-8354691 PHONE NO. 561 659-8300 Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194432

JUL-08-2008 TUE 04:37 PM FAX NO, 5618358691 P. 01 ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 (561) 659-8300 Fax: (561) 835-8691 FAX TRANSMITTAL COVER SHEET DATE: July 8, 2008 TO: A. Marie Villafana, Assistant U.S. Attorney FAX NO.: 561-820-8777 FROM: Nayanira, Assistant to Jack A. Goldberger, Esquire REMARKS: Jeffrey Epstein TOTAL PAGES: 2 , Including cover sheet *** PLEASE NOTE - CONFIDENTIALITY WARNING'•' THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message Is not the Intended recipient or the employee or agent responsible for delivering the message to the Intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication In error, please notify us immediately by telephone, and return the original message to us at the above address via the U.S. Postal Mail Service. Thank you for your cooperation, EFTA00194433

FAX NO. 5618358691 P, 02 JUL-08-2008 TUE 04:37 PM July 8, 2008 A. Marie Villafana, AUSA U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 'JOSEPH FL ATTERBURY • I JACK &GOLDBERGER JASON S.WEISS ' Board Cnriined Criminal Trial Anniamy or New lersay & Florida Ruts Re: Jeffrey Epstein Dear Marie, lam out of the office today. I will response to your fax of July 8, 2008 by return of fax tomorrow. Very truly yours, Jack . Goldberger Dictated hut not mad JAG/na One Clearlake Centre, Suite 14O0 250 Australian Avenue South West Palm Beach. FL 3340i p 561.659.8300 f 561.835.8691 www.agwpa.com EFTA00194434