Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Wednesday, September 17, 2008 1:20 PM To: Jack Goldberger Subject: RE: Letter concerning Epstein and the Palm Beach Daily News Thank you, Jack. A. Marie VilIttIhria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jack Goldberger [mailto:[email protected]] Sent: Wednesday, September 17, 2008 12:59 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Jay Lefkowitz; [email protected]; Barry Krischer; Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Garcia, Rolando (USAFLS) Subject: Re: Letter concerning Epstein and the Palm Beach Daily News We will deal with the state. To answer your? The addendum has been filed Jack Goldberger Sent from my 'Phone On Sep 17, 2008, at 12:15 PM, "Villafana, Ann Marie C. (USAFLS)" <[email protected]> wrote: Gentlemen: Please review the attached letter. Thank you. «Lefkowitz 080917.pdf» A. Marie Wafaiia Assistant.. Attorney 561 209-1047 <Lefkowitz 080917.pdf> 441 EFTA00190398

G.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: (S6!) 820-8777 September 17, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Letkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Biscayne Blvd, Suite 1300 Miami, FL 33131 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 Jay, Roy, and Jack: On today's date, our Office received an inquiry from State Attorney Barry Krischer related to the Non-Prosecution Agreement. In accordance with the terms of that Agreement, I am notifying you of this development. State Attorney Krischer has been contacted by counsel for the Palm Beach Daily News asking why the Non-Prosecution Agreement is under seal in order to determine whether to file suit asking that it be unsealed. I have informed State Attorney Krischer that the Agreement contains a confidentiality clause requiring us to provide Mr. Epstein's counsel with notice prior to making any disclosure (compulsory or otherwise). Since Mr. Epstein is a party to that criminal case, he has standing to contest any EFTA00190399

JAY P. LEFKOWITZ, ESQ. ROY BLACK, ESQ. JACK GOLDBERGER, ESQ. SEPTEMBER 17, 2008 PAGE 2 OF 2 unsealing, while we do not. Accordingly, I ask that you confer with Mr. Krischer regarding how you would like to proceed with the matter. I also want to reiterate the concern I raised in my letter of August 15, 2008, that the complete Non-Prosecution Agreement, which includes the October Addendum, has not been filed with the Court in accordance with the Judge's order. Please advise that this issue has been resolved. Thank you for your attention to these matters. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafafia Assistant United States Attorney cc: Barry Krischer, State Attorney Karen Atkinson, Chief, Northern Division EFTA00190400