Villafana, Ann Marie C. (USAFLS) ••••••••• •••1 From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Tuesday, July 22, 2008 9:30 AM (I ° To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson. Ktirep (USAFLS) Cc: Kuyrkendall, E N. (MM) (FBI); Richards, Jason R. (MM) (FBI) Subject: Letter from Michael Tein Attachments: 080721 Tein Ltr to Villafana.pdf Good morning: Mike Tein faxed the following letter to our office at 6:30 last night. It shows that Alex received a copy, but I thought I should scan and share with all of you. Tein claims that it is his "ethical duty" to stay the civil litigation. What I don't understand is how Epstein can perform his contractual obligations with respect to the victim litigation if he intends to stay all litigation until the agreement is fully performed. Indicting him would make our lives so much easier. The Jane Doc suit against us would become moot, we now have a guilty plea that can be used against Mr. Epstein, and if they try to raise the civil suits to impeach our witnesses, we can bring in the fact that he promised to pay them and then reneged. Please advise how you would like to proceed. «080721 Tein Ltr to Villefana.pdf» A. Marie Villafidia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 254 EFTA00190581

From. FAXmaker To. 15618208777 Page: 2/2 Date: 7/21/2008 6:38:17 PM L EW is TOR N EYTA • L PL July 21, 2008 Copy via facsimile (561) 820-8777 Ann Marie C. Villafana, Esq. Office of the United States Attorney 500 S. Australian Avenue West Palm Beach, Florida 33401 RE: Jeffrey Epstein Dear Ms. Villafana: Thank you for your letter of July 17, 2008. In it, you ask whether Mr. Epstein "intends to fully abide by the Non-Prosecution Agreement." The answer is yes. We confirm as you state in your letter that the Agreement requires that "the federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Mr.' Epstein] violates any term of [the Non-Prosecution Agreement]." We also confirm that under the Agreement, "prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the . . . conditions and the requirements of th[e] Agreement." As you know, there is no provision in the Agreement referring in any way to Section 3509(k). By that statute, Congress imposed a mandatory obligation on federal district courts to stay certain civil cases. Its operation is not subject to the control or discretion of any party. Whether Title 18, United States Code, Section 3509(k) applies to this civil litigation is a question of law for resolution by Judge Marra. Accordingly, we are abiding by our ethical obligation to advise the Court of its statutory mandate under Section 3509(k). Finally, thank you for notifying me that our motion to quash technically remains outstanding, We had previously notified the Court that the parties did not wish to argue the issue. I agree that the Agreement requires Its withdrawal and we will file a formal notice withdrawing it this week. Please do not hesitate to call me If you wish fkuther clarification of our position or to discuss this matter in any way. Until then, I remain, Very truly yours, • Michael R. Tein cc: Jack Goldberger, Esq. Roy Black, Esq. Alex Acosta, Esq. 3055 GRAND AVENUE • 51.JITC 340 • COCONUT OPIOVL, FLORIDA 33133 TELEPHONE (305) 442-1101 . PACUIMILC (305) 442.6744. VNAV.I.CWISTEIN.COM Thls fax was sent with OFI FAXmaker tax server. For more intonnetion, visit http://www.gti.corn EFTA00190582

From. FAXmaxer lo: 1O010,Watt/ rags: 114 watt ti4itzwo rm Lewis Tein PL ATTORNEYS AT LAW FACSIMILE TRANSMISSION RECIPIENT: Ann Marie C. Villafana, Esq. RECIPIENT'S FAX NUMBER: (561) 820-8777 SENDER: Michael R. Teln, Esq. DATE: July 21, 2008 PAGES (including cover sheet): 2 COMMENTS: IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR. PLEASE NOTIFY VS BY TELEPHONE AND RETURN THE ORIGINAL BY MAIL AT THE BELOW ADDRESS. THANK YOU. LEWIS TEN, P.L. • 305S GRAND AVENUE • SUIT! 340. COCONUT GROVE, FLORIDA 33133 TELEPHONE (305) 442-1101 • FACSIMILE (303) 442471 • WWW.LEWISTEN.COM This fax was sent with GFI FAXmakor fax server. For more Information, visa. http://www.on.com EFTA00190583