Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) <[email protected]> Sent: Thursday, July 17, 2008 2:51 PM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: RE: Emailing: 080717 Tein Ltr.wpd Attachments: 080717 DraftTein Ltr.wpd Marie, Tein may be trying to bait us into declaring the matter closed when it's technically deferred/suspended. As a result, I've revised your draft which you may be able to color in a bit. Let me know what you think. Thanks, Jeff Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, July 17, 2008 11:38 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: Emailing: 080717 Tein Ltr.wpd Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, July 17, 2008 11:38 AM To: Acosta, Alex (USAFLS); Slotnan, Jeff (USAFLS); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: Emailing: 080717 Tein Ltr.wpd Here it is. Feel free to revise. I have listed myself as the author, but it may be more powerful coming from someone else. The message is ready to be sent with the following file or link attachments: 080717 Tcin Ltr.wpd Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 36 EFTA00190568

U.S. Department of Justice United Stales Attorney Southern District of Florida (561) 820-8711 Facsimile: (561) July 17, 2008 VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Re: Jeffrey Epstein 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 820-8777 Dear Mr. Tein: 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 Pursuant to the Non-Prosecution Agreement, that motion was supposed to have been withdrawn several months ago, and, therefore, is not "pending" in our estimation.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 called for the-elesure-ef--the-feder-al-investigatien upen-MErEpsteinka-guilty-plea-and-senteneing deferment of federal prosecution "in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below." Non-Prosecution Agreement, p. 2 (emphasis added). AseeFdinglyr the-U,SrAtterneyls—Offiee-afid-tlie Fe4efal-Bnreau-ef--In*estigatien-heve-eeeeed-their-investigatien-ef-Mer-Epstein-and-his empleyeesrit-is-inappr-epciete-fer-yeu-te-use-the-Agreemen‘—espeeielly-the-previeiens end-es-a-swerd-te-prevent-the One of those conditions is that Epstein has agreed that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, 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. EFTA00190569

MICHAEL TEIN, ESQ. JULY 17, 2008 PAGE 2 If, in fact, your position is that the federal criminal action is still pending and not deferred requiring the Court to 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 investigation can continuer ineluding—the—idendfteatien—ef additienal—vietime. If, instead, Mr. Epstein intends te—eentinue—peffeming—his ebligetiene-under-the-Nen-Preseeutien-Agreement to fully abide by the Non-Prosecution Agreement , then the itwestigatien—will-remeitt-elesed "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 weuld like—te—tweeeed—ee—tbe—Metiee—te--Quesh—errif—aK—please intend to correct the representations to the Court regarding the status of the federal investigation. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafana Assistant United States Attorney cc: Karen Atkinson, Esq. EFTA00190570