Villafana, Ann Marie C. (USAFLS) From: Senior, Robert (USAFLS) <[email protected]> Sent: Tuesday, July 22, 2008 3:47 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Emailing: 080722 Tein Ltr.wpd Hate to be a pain but I was thinking more along these lines. I don't know the details and would quote from the agreement and pleadings, etc. Dcar I. The agreement called for you to go to jail for x months and to compensate the victims as though you had been convicted of x federal law. You agreed to accept a list of the victims that you were to compensate at the time of the change of plea (?). A list was provided to you so that you could compensate victims on x date. (I would quote this from the agreement) 2. Recently, one (more ?) of the designated victims sought relief pursuant to this agreement. 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 where the USA° has agreed to not prosecute Epstein if he complies with the terms of the agreement. 3. The portion of the agreement concerning compensation to victims is extremely material to the agreement and is not being honored by Epstein. This breech of the agreement is material. (you've done this paragraph already in par. 4 of your letter. 4. I would end it by quoting from the agreement something along the lines that any material breech of the contract permits us to indict (is there something that says that ?) Call me. Bob Original Message From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, July 22, 2008 2:41 PM To: Senior, Robert (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI); Atkinson, Karen (USAFLS) Subject: Emailing: 080722 Tein Ltr.wpd Hi Bob -- Here is my dm0. I thought you should review before it goes to Alex. Thanks. The message is ready to be sent with the following file or link attachments: 080722 Tein 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. 267 EFTA00190589

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561)8204711 Facsimile: (561) 8204777 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. In particular, Epstein has repeatedly denied that the victims named by the United States are not victims of an enumerated offense contained in Title 18, United States Code, Section 2255, and has attempted to stop those victims from pursuing their claims under that statute. For example, just yesterday, Epstein's publicist, speaking of behalf of Epstein, made the following statement re arding the suit brought against the United States by R., M., and W.: The lawsuit has absolutely no merit. They're just looking for money. These women have lied repeatedly, and in no way shape or form were they victims. They were at his place freely and voluntarily. And one of them showed Epstein a fake ID. (July 21, 2008 New York Post article, entitled "Bid to Burn Epstein Plea," found at www.nvpost.com/seven/07212008/gossip/pagesix/bid_to_burri_epstein_plea_ I 20770.htm .) W. and R. are both listed in the United States' July 10, 2008 "Final Notification of Identified Victims." Mr. Epstein was given more than a week to EFTA00190590

M ICI !AEI. R. TIN, ESQ. JULY 22, 2008 PAGE 2 object to the names on the list and chose not to make any objections. Accordingly, pursuant to the terms of the Non-Prosecution A reement as modified, Mr. Epstein and all of his representatives are required to treat and as "victims of an enumerated offense." Furthermore, Mr. Epstein is frustrating the purpose of the Agreement with respect to the victims' ability to obtain damages. Epstein's waiver of liability regarding civil suits brought pursuant to 18 U.S.C. § 2255 was a key piece of consideration for the United States' willingness to defer its prosecution to the State of Florida. To complete his 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 that essential contractual term. Accordingly, the United States Attorney's Office hereby provides notice of Mr. Epstein's breach of the Non-Prosecution Agreement. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie VillafaRa Assistant United States Attorney cc: Karen Atkinson, Esq. EFTA00190591