Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Thursday, August 21, 2008 5:32 PM To: [email protected]; Roy BLACK Cc: Atkinson, Karen (USAFLS) Subject: Jeffrey Epstein Attachments: 080821 Villafana ltr to Lefkowitz and Black.pdf; DE26_080821_Protective Order.pdf Dear Jay and Roy — I have attached a letter in response to Jay's letter of August 18, 2008, and an Order we received today in the Jane Doe'. United States litigation. «080821 Villafana IV to Lefkowitz and Black.pdf>> <<DE26_080821_Protective Order.pdf >> A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 377 EFTA00190377

U.S. Department of Justice United States Attorney Southern District of Florida 500S Australian Ave Ste 400 West Palm Beall, FL 33401 (361)8204711 Facsimile• O6O8204777 August 21, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis liP 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 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier letter. The U.S. Attorney's Office shares in your desire to implement all of the terms of the Non-Prosecution Agreement. As you are aware, the jointly-approved Special Master. Judge Mi. has already selected an attorney representative, Robert Josefsberg, who was accepted by both parties. The Office has conferred with Mr. Josefsberg, who has agreed to continue in that role. In October 2007, Mr. Josefsberg expended time, effort, and funds in preparing to serve as the attorney representative, and he will need a written confirmation from you that his future fees and expenses will be paid in accordance with the terms of the Non-Prosecution Agreement. Please provide me with a copy of that correspondence for my file. With that matter settled, I believe that the requirement for a joint written submission to the Special Master has been extinguished. Nonetheless, I have no objection to attempting to create a joint statement to assist Mr. Josefsberg in serving his duties. Regarding your suggestion that we ask Judge to "offer the final word on how certain clauses should be interpreted and satisfied," I believe that the Agreement speaks for itself. EFTA00190378

JAr P. LFIXOWIT7, ESQ. Ror BLACK. ESQ. AUGUST' 21,2008 PAGE 2 op 2 Pursuant to the terms of the Agreement, following Mr. Epstein's sentencing, the U.S. Attorney's Office provided Mr. Epstein's counsel with a list of the individuals whom it was prepared to name in an indictment as victims of an offense enumerated in 18 U.S.C. § 2255. and none of those names will be deleted. By his agreement, Mr. Epstein sought to resolve liability for all criminal activity known to the United States as of the lime of his plea and sentencing, and he is responsible for damages to all victims of that criminal activity. . Copies of the victim notifications will continue to be provided to counsel for Mr. Epstein. Please let me know whether I should continue to list Mr. Goldberger as the point of contact for the civil litigation. Regarding your suggestion on the content of the notification letters, I intend to use the same format that was used in the letters previously approved by Messrs. Goldberger and Tein, except that I will include the language from the September and October agreements. I have enclosed a draft herewith. Because I previously provided the victims with incorrect information—albeit with the approval of Mr. Epstein's counsel—it is imperative that I correct the error promptly. Accordingly, if you have any substantive objections to the letter, please advise me by tomorrow afternoon. Sincerely, R. Alexander Acosta United States Attorney By: ad . <4 , 62€4:ther — A. Marie Villafafta Assistant United States Attorney cc: Karen Atkinson, Chief. Northern Division EFTA00190379

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Aw.. Suite 400 West Palm Beach. FL 3340! (36!) 820.87!! Facsimile: 060 820-8777 August 22. 2008 VIA FACSIMILE A U.S. MAIL ND Michael E. Dutko, Esq. Bogenschutz & Dutko 600 S. Andrews Ave, Suite 500 Fort Lauderdale, FL 33301-2802 DRAFT Re: Jeffrey Epstein= : AMENDED NOTIFICATION OF IDENTIFIED vicrim Dear Mr. Dutko: By virtue of this letter, the United States Attorney's Office for the SouthernMt of Florida asks that you provide the following amended notice to your client, Some of the information contained in the July 20,2008 letter to Ms. was inaccurate, so please advise her of the following changes. As you were previously advised, on June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf- 009454AXXXMB and 2008-cf-00938IAXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions, including the following: I. An independent Special Master was assigned the task of selecting an attorney representative to represent the victims in connection with civil EFTA00190380

MICIIAEL E. DUTKO, ESO. AMENDED Ronne'mot+ OF IDENTIFIED VIC nm Aucus-r 22, 2008 PAGE 2 OF 3 DRAFT litigation between the victims and Mr. Epstein. The Special Master selected Robert Josefsberg, Esq. of the firm Podhurst Orseck, P.A., a highly-respected and experienced attorney. Ms. is not obligated to use Mr. Josefsberg as her civil attorney, but, as explained in greater detail below, Mr. Josefsberg's services will be provided at no cost to Ms. because Mr. Epstein is obligated to pay the costs and fees of the attorney-representative. Also, Mr. Epstein and his attorneys can only contact Ms. via Mr. Josefsberg, assuming that she would like Mr. Josefsberg to serve as her attorney. 2. If Ms. elects to file suit against Mr. Epstein pursuant to Title 18, United States Code, Section 2255, Mr. Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Mr. Epstein waives his right to contest liability and also waives his ri t to contest damages up to an amount as a eed to between Ms. and Mr. Epstein, so long as Ms. elects to proceed exclusively under 18 U.S.C. § 2255, and she waives any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver. Epstein's agreement with the United States, his waivers and failure to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 3. As stated above. Mr. Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed ra ft . Thus, if after consideration of potential settlements, Ms. and Mr. Josefsberg elect to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or she elects to pursue any other contested remedy, the obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in Section 2255 to bear the costs of the attorney representative, shall cease. Mr. Josefsberg will be contactiniovithin the next week to explain these terms and to determine if he may contact Ms. directly. If you would like to contact Mr. EFTA00190381

MICHAEL E. DUTKO, AMENDED NOTIFICATION OF IIXNTIFIFS) VICTIM AUGUST 22.2008 PAGE 3 OF 3 Josefsberg directly, he can be reached at 305 358-2800. If Ms. has selected other counsel to represent her, or if she does so in the future, and she decides to pursue a claim against Jeffrey Epstein. his attorney, Jack Goldberger, asks that he be contacted at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401. In addition, a judge has ordered that the United States make available to any designated victim (and/or her attorney) a copy of the actual agreement between Mr. Epstein and the United States, so long as the victim (and/or her attorn reviews, signs, and agrees to be bound by a Protective Order entered by the Court. If Ms. would like to review the Agreement, please let me know, and I will forward a copy of the Protective Order for her signature. As I stated in my earlier notification, please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation, but we again thank you and your client for all of her assistance during the course of this investigation. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY DRAFT By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY cc: Robert Josefsberg, Esq. Jack Goldberger, Esq. EFTA00190382

Case 9:08-cv-80736-KAM Document 26 Entered on FLSD Docket 08/21/2008 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA NO. 08-80736-CIV-MARRABOHNSON IN RE: JANE DOES I AND 2, Petitioners. ORDER TO COMPEL PRODUCTION AND PROTECTIVE ORDER THIS CAUSE comes before the Court on the Petitioners' ore tenus motion seeking the production of the Non-Prosecution Agreement between the United States Attorney's Office for the Southern District of Florida ("USAO") and Jeffrey Epstein ("Epstein"). After consideration of the Motion, the arguments of the parties, and the record, it is ORDERED AND ADJUDGED that the Petitioners' Motion is GRANTED. The USAO shall produce the Non-Prosecution Agreement, including any modifications and addenda thereto, in accordance with the following procedures: (a) The USAO shall produce a copy of the Non-Prosecution Agreement, including any modifications and addenda thereto (collectively referred to as the "Agreement"), to the attorneys for Petitioners. (b) Petitioners and their attorneys shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard. (c) Before counsel for petitioners show the Agreement to their clients or discuss the specific terms with them, they must provide a copy of this Order to petitioners, who must review and acknowledge their receipt of, and agreement to abide by, the terms of the Order. Counsel for petitioners must promptly provide a copy of that acknowledgment to the USAO. (d) If any individuals who have been identified by the USAO as victims of EFTA00190383

Case 9:08-cv-80736-KAM Document 26 Entered on FLSD Docket 08/21/2008 Page 2 of 2 Epstein and/or any attomey(s) for those individuals request the opportunity to review the Agreement, then the USAO shall produce the Agreement to those individuals, so long as those individuals also agree that they shall not disclose the Agreement or its terms to any third party absent further court order, following notice to and an opportunity for Epstein's counsel to be heard (e) Prior to producing the documents to any other individuals who have been identified by the USAO as victims of Epstein and/or any attomey(s) for those individuals, a copy of this Order must be provided to said individuals, who must review and acknowledge their receipt of, and agreement to abide by, the terms of this Order. Counsel for petitioners must promptly provide a copy of that acknowledgment to the USAO. DONE and ORDERED in Chambers, in West Palm Beach, Palm Beach County, Florida, this 21" day of August, 2008. KENNETH A. MARRA UNITED STATES DISTRICT JUDGE Copies furnished to: all counsel of record By signing below, I certify that I have reviewed and agree to be bound by the terms of this Order. Dated: Signed by: Printed Name: 2 EFTA00190384

KIRKLAND & ELLIS LLP N•10 XOINnp PANINO:11 ISM Cilirup Conies 153 East 53ifo Strom . Now York. Nnw York 160274611 Joy P I olkowitz. P C Ir To Sot [Sealy 413.11./M pent zekilklaiml Co..' VIA FACSIMILE (561) 820-8777 446.4000 wow kirkkind can August 22.2008 A. Marie Villafana I intent States Attorney's Office Southern District of Florida 300 South Australian Avenue. Suite 400 West Palm Beach. Florida 33401 Affiry Epsitin Dear Mark: Facrarnoe r: 44S 4900 I write this letter to correct certain misstatements made in win. letter dated August 21. 2008. and the accompanying draft notification. First, you state that "Mr. Josefsbcrg expended time, effort and funds in preparing to serve as attorney representative in October of 2007.- Neither I. nor any other attorney un Mr. Epstein's defense team. was notified of this work by Mr. Joselsherg. Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution. Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleged - victims- andior their altonieys "request the opportunity to review the Agreement." the MAO shall comply with tlx: request so long as those individuals agree not to disclose the Non-Prosecution Agreement. There is no court order requiring the government to provide the alleged "victims' with ninice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should he excised. Third. misstatements in your prior notification were not made "with the approval of Mr. Epstein's counsel.- Fourth. we arc concerned with your open-ended description of Mr. lipstein's responsibilities regarding civil restitution. The resolution of liability pursuant to 18 U.S.C. EFTA00190385

KIRKLAND & ELLIS LLP A. Marie Villahiuia August 22. 2008 Page 2 § 2253 is as stated in paragraphs 7 and S of the Agreement and the Addendum to the Agreement. no more. no less. Filth. while ?nu state, in your letter, that the IISAO does nut intend to delete any of the names on the list provided to Mr. Epstein's counsel. you do not confirm that the prior list is final and complete. There can be no expansion of the list of individuals that you informed us had been memorialized as of September 24. 2007 and disclosed to Mr. Epstein un June 30. 2008 (the date of sentence pursuant to the Agreement's disclosure requirements). Please confirm the exact name and number of individuals the government plans on notifying as provided for under the Agreement. Sixth. based on express language in prior communications front your Office. we are in agreement that paragraphs 7 and ft of the Agreement arc in need of clari ileation and implementation. We will work with the attorney representative in attempting to reach a fair resolution of the outstanding civil matters in a manner that is in accordance with the Agreement. Seventh, we have previously communicated our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. Jostisberg's dutit.s include filing contested litigation. In any ease, that issue is not ripe for resolution in this point, but again, given his agreement to be the attorney representative, we will address these matters directly with Mr. Josefsberg. Siqstircly. tr, cc: Karen Atkinson, Chia, Northern Division EFTA00190386

KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, New York 10022-4611 Phone: Fax Please notify us immediately it any pages are not received. 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. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: To: Company: Fax #: Direct II: A. Marie Villafana United States Attorney's Office 561-S20-S777 561-2W)-1047 CC: Company: Fax #: Direct #: Karen Atkinson t Inited States Attorney's Office 561-820-8777 561-520-5711 From: • Date: Pagesimicover: Fax #: Direct Jay 1'. Lelkowitz August 22.2008 3 Message: EFTA00190387

U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561)8204711 Facsimile: (561) 820-8777 August 26, 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 Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your letter of August 22nd. I write to follow up on some of the points that you raised. The list of thirty-two victims that was provided to Mr. Goldberger via certified mail on July 10, 2008 is the final list. As I mentioned, copies of the notification letters to each victim will be carbon-copied to an attorney for Mr. Epstein and Mr. Josefsberg. I asked you to advise me whether Mr. Goldberger should continue to be listed as the contact person for the civil litigation in the amended victim notification letters and whether he should receive the carbon copies of those letters as they are sent. 1 also asked you to provide me with written confirmation of your agreement to pay Mr. Josefsberg's fees. Please provide that confirmation to Mr. Josefsberg so that he can begin his representation, and provide me with a copy for my file. I have conferred with the lead AUSA in the case of Jane Doe I and 21 United States, EFTA00190388

JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. AUGUST 26, 2008 PAGE 2 OF 2 and he agrees that, based upon the discussion with Judge Marra during the hearing on the plaintiffs' motion, a notification of the judge's ruling is required. I will, however, change the language slightly to direct the victims to discuss the matter with Mr. Josefsberg. With regard to your concerns with my "open-ended description of Mr. Epstein's responsibilities regarding civil restitution," I agree that the resolution of civil damages claims is as stated in paragraphs 7 and 8 of the Agreement and Addendum. That is why the language in the notification is taken verbatim from paragraphs 7, 8, and 7C of the Agreement and Addendum, except that the victim's name is used in place of "identi fied individual." As I mentioned in my earlier letter, i f you have any proposed substantive changes, please provide them to me. Mr. Goldberger and Mr. Tein explicitly approved the language in my earlier victim notification letter, even though they apparently were taking the position that the December 19, 2007 letter was not part of the Agreement, so that misinformation was provided to the victims with the approval of Mr. Epstein's attorneys. With regard to your sixth and seventh points, I reiterate that it is the Office's position that the Agreement and Addendum speak for themselves. Let me also reiterate that, while the Office does not intend to involve itself in any civil negotiations or litigation, if it comes to our attention that Mr. Epstein has breached the terms of the Agreement, the Office intends to enforce its right pursuant to the Agreement. I would appreciate a prompt response to the question regarding which of Mr. Epstein's attorneys should be named in and receive copies of the notification letters, as well as documentation of your commitment to paying Mr. Josefsberg's fees so that I may begin distributing the revised victim notifications on Wednesday morning. Sincerely, R. Alexander Acosta Un' States Attorney By: A. Villa fafla Assistant United States Attorney cc: Karen Atkinson, Chief, Northern Division EFTA00190389