Gmail - Fw: confidential communication Page 1 of 4 by GO:3k' Ann Marie Villafanaa Fw: confidential communication 1 message Villafana, Ann Marie C. (USAFLS) < [email protected]> Original Message From: Acosta, Alex (USAFLS) To: [email protected] <[email protected]> Cc: Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS) Sent: Mon May 19 18:14:45 2008 Subject: RE: confidential communication Dear Mr. Lefkowitz: I appreciate your communication. Thu, May 22, 2008 at 3:37 AM As the trial team communicated in response to your previous call, any communications regarding this matter should be address to them. This is not meant to be a "shunt-off" to staff. I trust you understand that they are professionals, and have discretion to proceed as they judge appropriate in this matter. I am copying our AUSAs here, so they too are aware of this communication. Alex Acosta. From: Jay Lefkowitz [mailto:[email protected]] Sent: Monday, May 19, 2008 10:54 AM To: Acosta, Alex (USAFLS) EFTA00194518

Gmail - Fw: confidential communication Page 3 of 4 following key points: First, there was no telephonic communication t met the requirements of § 2422(b). For example, as many other witnesses have stated, Ms testified in no unclear terms that there was never any discussion over the phone about her coming over to Mr. Epstein's home to engage in sexual activity: "The only thing that ever occurred on any of these phone calls [with Sarah Kellen or another assistant] as 'Are you willing to come over,' or, s 'Would you like to come over and give a massage." Tr. A at 15. Second, the underage women who visited Mr. Epstein have testified that they lie about their age in order to gain admittance into his home and women who brought their underage friends to Mr. Epstein counseled them to lie about their ages as well. Ms. stated the following: "I would tell my girlfriends just lik approached me. Make sure you tell him you're 18. Well, these girls that I brought, I know t at hey were 18 or 19 or 20. And the girls that I didn't kno I don't know if they were lying or not, I would say make sure that you tell him you're 18." Tr. at 22. Third, there was no routine or h . su gesting an intent to transform a massage intaan illegal sexual act. For instance, Ms. stated that Mr. Epstein "never touched [her] physicall " and that all she did was "massage[ ] his back, his chest and his thighs and that was it." Tr. at 12-13. Finally, as you are well aware, there was no force, coercion, fraud, violence, drugs, or even alcohol present in connection with Mr. Epstein's encounters with these women. The civil suits confirm that the plaintiffs did not discuss engaging in sexually-related activities with anyone prior to arriving at Mr. Epstein's residence. This reinforces the fact that no telephbnic or Internet persuasion, inducement, enticement or coercion of any kind occurred. Furthermore, Mr. Herman, the attorney for most of the civil complainants,•was quoted in the Palm Beach Post as saying that "it doesn't matter" that his clients lied about their ages and told Mi. Epstein that they were 18 or 19. In short, the new evidence establishing that the women deliberately lied about their age because they knew Mr. Epstein did not want anyone under 18 in his house directly undercuts the claim that Mr. Epstein willfully blinded himself as to their ages. Willful blindness is not a substitute for evidence of knowledge nor is it a negligence standard. It requires proof beyond reasonable doubt of deliberate intent and specific action to hide one's knowledge. There is absolutely no such evidence of that here, so it is not even a jury _FurtherMore,Millful ignorOnCe.cannot.constitute the requireamens reafor.a crime of conspiracy or aiding and abetting. Through the recent witness statements, we have also discovered another serious issue that implicates the integrity of the federal investigation. We have learned that FBI Special Agent Kurkendayl attempted to convince these adult women, now in their twenties, that they were in fact "victims" even though the women themselves strongly disagreed with this characterization. This conduct, %rain, goes to the heart of the integrity of the investigation. In a sworn statement, Ms. was highly critical of the overreaching by federal law enforcement officers in this case. She testified—in no uncertain terms—that she does not, and never did, feel like a "victim," despite the fact that the FBI repeatedly tried to convince her otherwise. I am mindful of the fact that we have a state court date of July 8 on which either to enter a plea or to commence trial. As I review the trial options with Mr. Epstein, I certainly want to make sure I do everything within my power to obviate a need for trial through a reasonable alternative. resolution. Although it is clear that CEOS is not directing a prosecution here, and has stated only that you have the authority to commence such a prosecution, I am well aware that the decision whether to proceed, subject to any further process in Washington, is now within your discretion. I think the new facts should greatly influence your decision and accordingly, I hope you will agree to meet with me, both to discuss the new evidence and to discuss a resolution to this matter once and for all. I am available to meet with you at your earliest convenience subject to our mutual availability. EFTA00194519

Gmail - (no subject) Page 1 of 17 Ga il etConAc (no subject) 1 message Thu, Dec 27, 2007 at 10:07 PM To: "Ann Marie C. (USAFLS) Villafana" <[email protected]> Ann Marie Vil'arena Begin forwarded message: From: Jay Lefkowitz <[email protected]> Date: October 1, 2007 9:42:19 AM EDT To:1 Sub Marie - I have a hearing today in the sdny. But a call around 130 or 2 pm might work. If not, it will have to be later today, around 530. I will call you in the earlier window if i can, and if not, we will definitely speak in the later window. Jay 10/01/2007 09:31 AM To "Jay Lefkowitz" <[email protected]> cc Subject Re: Hi Jay -- I haven't been able to access my e-mail until now. I am free until 10:00, then at 1:00, then at 5:00. Would any of those work for you? On 10/1/07, Jay Lefkowitz <JLefkowitzakirkland.com> wrote: Marie - I tried to reach you over the weekend but couldn't reach you either by email or cell. Can we set up a call for 10:45 am tomday? Jay Original Message EFTA00194520

Gmail - (no subject) Page 3 of 17 *********************************************************** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland &Ellis International L'LP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to'[email protected], and destroy this communication and all copies thereof, including all attachments. *********************************************************** Begin forwarded message: From: Jay Lefkowitz <[email protected]> Date: October 1, 2007 7:13:01 AM EDT To: "Marie Villafana" <Ann.Matio.C.Villafana@usdotgoy> Subject: Re: Marie - I tried to reach you over the weekend but couldn't reach you either by email or cell. Can we set up a call for 10:45 am tomday? Jay ---- Original Message From: Jay Lefkowitz Sent: 09/30/2007 03:04 PM CDT To: "Marie Villafana" <Ann.Marie.C.Villafana usdo'. ov).• "Ann Marie Villafana Subject: e: Marie - are you available to speak at all today? --- Original Message From: Jay Lefkowitz Sent: 09/30/2007 07:23 AM CDT To: "Marie Villafana" <Ann.Mar' ' • • "ppp Marie Villafana' Marie - I left you a voicemail yesterday on your cell. What time later today can you speak? Thx. Jay EFTA00194521