Villafana, Ann Marie C. (USAFLS) From: Lanna Belohlavek <[email protected]> Sent: Tuesday, August 12, 2008 11:35 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Non-Prosecution Agreement in Epstein Case Marie The 7 page agreement was filed under seal with the attached signature pages. As to a transcript, you would have to contact court administration and arrange for that together with payment. Good luck. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Tuesday, July 01, 2008 11:51 AM To: Lanna Belohlavek Cc: Atkinson, Karen (USAFLS) Subject: Non-Prosecution Agreement in Epstein Case Hi Lanna — I am attaching the agreement, with addenda, for filing with the Court under seal. We also noticed a couple of "misstatements" during the change of plea and wanted to call them to your attention. First, the Division of Corporations' documents show that the Florida Science Foundation was incorporated in November 2007, not a "couple of years ago" as reported by Mr. Epstein. The address provided for the "office" of the Florida Science Foundation is Jack Goldberger's office suite, and neither the office building directory nor the office suite door reflects that such a business is located there, and neither the security guard nor any building tenant that FBI questioned knows of the existence of such a business. And, of course, Mr. Epstein could not have been working there "every day" when he hasn't been in Palm Beach County in the past six months. We will leave it to your discretion as to whether this should be brought to the Court's attention. <<Epstein Agrmt001.pdf» A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 314 EFTA00190366

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Bairn Beach, FL 33401 (561)820-8711 Facsimile: (561) 820-8777 July 22, 2008 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: In response to your letter of July 21, 2008, the United States hereby provides notice that the United States Attorney has determined, based upon reliable evidence, that, during the period of the Non-Prosecution Agreement, Jeffrey Epstein has willfully violated the conditions of the Agreement. A "breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses." The Non-Prosecution Agreement called for Mr. Epstein to plead guilty to a child sex offense; to serve eighteen months imprisoned at the Palm Beach County Jail, followed by twelve months of home confinement; and to accept a list of victims who could file suit against Mr. Epstein for damages. Recently, several of the designated victims sought relief. In response, Mr. Epstein sought a stay of those proceedings based on the fact that an ongoing federal investigation exists. This argument was forwarded despite the aforementioned agreement wherein the United States Attorney's Office agreed not to prosecute Mr. Epstein if he complies with the terms of the Agreement. The portion of the agreement concerning compensation to victims is extremely material to the Agreement and is not being honored by Mr. Epstein. To complete the performance of his contractual obligations, Mr. Epstein must submit to suit under 18 U.S.C. § 2255 and admit that the Identified Victims are victims of an offense enumerated in that section. By seeking to stay all civil litigation, during what you assert is the term of the Non-Prosecution Agreement, Mr. Epstein is avoiding performance of that essential contractual term. EFTA00190367

M !AEI. R. TEIN, ESQ. JULY 22, 2008 PAGE 2 Accordingly, the United States Attorney's Office hereby provides timely notice of Mr. Epstein's breach of the Non-Prosecution Agreement. Pursuant to the Agreement, the United States Attorney's Office may initiate its prosecution within sixty (60) days of giving notice of the violation. Sincerely, R. Alexander Acosta United States Attorney By: A Marie Villafana Assistant United States Attorney cc: Karen Atkinson, Esq. EFTA00190368