Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, June 26, 2008 11:16 AM To: Roy BLACK; Jack Goldberger Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Dear Roy and Jack: I have been reviewing the deferred prosecution agreement and wanted to remind you that the agreement states: "Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements." Please provide me with any proposed agreements at your earliest opportunity, and also please provide me with the date and time of the change of plea. Thank you. A. Marie Villafatla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: EFTA00194464

U.S. Department of Justice United States Attorney Southern District of Florida VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 17, 2008 The Office has reviewed your "Notice of Continued Pendency of Federal Criminal Action," and we feel that it misrepresents the posture of the federal investigation. For example, you cite to In re Grand Jury, No. FGJ 07-103 (WPB), as evidence that the federal criminal action remains pending. That is a citation to Mr. Epstein's Motion to Quash a subpoena for computer equipment removed from Mr. Epstein's home after he and his attorneys were aware of the existence of the state investigation. Pursuant to the Non- Prosecution Agreement, that motion was supposed to have been withdrawn several months ago, and, therefore, is not "pending" in our estimation. The Non-Prosecution Agreement calls for deferment of federal prosecution "in favor of prosecution by the State of Florida, provided that Epstein abides by the [enumerated] conditions and the requirements of th[e] Agreement .. ." (Non-Prosecution Agreement, p. 2 (emphasis added).) One of those conditions is Epstein's agreement that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, and that they "will have the same rights to proceed under Section 2255 as [they] would have had if Mr. Epstein had been tried and convicted of an enumerated offense." (United States Attorney's December 19, 2007 letter to Lilly Ann Sanchez.) If, in fact, your position is that the federal criminal action is still pending such that the Court must stay the civil proceedings, then the Office proposes that we seek the prompt resolution of the Motion to Quash, so that the computer equipment can be analyzed and the EFTA00194465

MICHAEL TEM, ESQ. JULY 17, 2008 PAGE 2 federal investigation can continue. If, instead, Mr. Epstein intends to fully abide by the Non- Prosecution Agreement, then the "federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Epstein] violates any term of [the Non-Prosecution Agreement]." (Non-Prosecution Agreement, page 5.) Please advise whether you intend to correct the representations to the Court regarding the status of the federal investigation. Sincerely, It Alexander Acosta United States Attorney By: cc: Jack Goldberger, Esq. Karen Atkinson, Esq. A. Marie Villafafia Assistant United States Attorney EFTA00194466

U.S. Department of Justice United States Attorney Southern District of Florida A. Mark Villafalia 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET. TO: Michael It Tcin FAX NO. 305-442-6744 PHONE NO. 305-442-1101 TO: Jack Alan Goldberger FAX NO. 561-835-8691 PHONE NO. 561 659-8300 DATE: July 17. 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00194467

U7/17/U4 la:17 FAX 15616594528 USAO WEST PALM 17/001 TRANSMISSION OR *******************ss *s* TX REPORT **s *****************t*** TX/RI NO 3957 CONNECTION TEL 8358691 SUBADDRESS CONNECTION ID ST. TIRE 07/17 18:16 USAGE T 00'42 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Viiia/ala 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561)820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Michael It. Tein FAX NO. 305-442-6744 PHONE NO. M-442-1101 TO: Jack Alan Goldberger FAX NO. 561-835-8691 PHONE NO. 561 6594300 DATE: July 17.2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: A. MARIE VILLAFARA. Assistant U.S. Attorney PHONE NO. 561 209-1047 EFTA00194468

07/17/08 18:18 FAX 15810504528 USAO WEST PALM Fool TRANSMISSION OK ********************3 *** TX REPORT gm ********************* TI/RX NO 3958 CONNECTION TEL 13054428744 SUBADDRESS CONNECTION ID ST. TIME 07/17 18:17 USAGE T 01'04 PGS. SENT 3 RESULT OK U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafaha 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Michael R. Tein FAX NO. 305-442-6744 PHONE NO. 305.442-1101 TO: Jack Alan Goldberzer FAX NO. 561-835-8694 PHONE NO. 561 6524300 DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: A, MARIE VILLAFAICIA, Assistant U.S. Attorney PHONE NO. 561 209-1047 EFTA00194469