Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) <[email protected]> Sent: Monday, August 25, 2008 10:25 AM To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS) Subject: RE: Letter re Epstein and Protective Order Marie, During our telephonic hearing, I received the clear impression that Judge Marra wanted the other victims (non-parties to the Jane Doe litigation), would be given the opportunity to see the Agreement, subject to each one agreeing to be bound by the protective order. I believe it would be contrary to Judge Marra's intent for us to go through the trouble of creating a mechanism for the other non-party victims to have access to the Agreement, and then not tell them there is an Agreement. Also, does CVRA impose any obligation on us, independent of what Judge Marra ordered, to advise the victims of the Agreement? Dexter From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, August 25, 2008 9:48 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) Subject: Letter re Epstein and Protective Order Good morning, everyone. I have attached a letter from Jay Lefkowitz that came in by fax on Friday night. The good news is that they seem to be in agreement regarding Mr. Josefsberg. Most of the letter doesn't really require a comment, but I wanted to get Dexter's feedback regarding the notification to the victims of their right to see the agreement. Here is the language from my proposed victim notification letter: "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 attorne 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." Lefkowitz objects, but I am wondering whether Dexter agrees that the spirit of our discussions with Judge Marra requires such a notification. If we make the entire agreement available to Mr. Josefsberg and he conveys that information to all of his clients, the concern becomes moot, I suppose. Lastly, from my discussion with Bob, it appears that the Office does not want to add to the list the names of victims identified after the date of signing the September agreement unless our investigation had provided 386 EFTA00190670

enough information that we were pad to include them in the indictment — i.e., the New York girls — and that you do not want me to re-add to the list, even though we have extensive corroboration of her involvement with Epstein. Can someone please confirm? Thank you all. •c< File: 080822 Lefkowitz Itr to Villafana.pdf >> A. Marie Walla Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 387 EFTA00190671

KIRKLAND & ELLIS LLP N4) Al numb PARTNICESIPM Cillornup Cooler 153 E0:4 S3ru Street New York. Nov York 100274511 Jay P I OlkowitZ. P C To Call Writer Oiectly 2 1 4-440.91.170 ilelkowitztilkocklyal cum VIA PACSIMIll O61) 820-$777 A. Marie Villafana inked States Attorney's Office .Southern District of Florida a "A6.4000 v.ww kukiand corn August 22, 2nog 300 South Australian Avenue. Suite 400 West Palm Beach. Florida 33401 Re: Jegiey Epstein Dear Marie: F a r. nu e 446.490 write this letter to correct certain misstatements made in your Idler date) August 21. 2008. and the accompanying draft notification. First, you state that "Mr. Josefsberg expended time. effort and funds in preparing to serve as attorney representative in October of 2007.- Neither I. nor any other attorney on Mr. Epstein's defense team. was notified of this work by Mr. Josefsberg. Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution. Agreement. Section (d} of the Order to Compel Production and Protective Order provides that if any of the alleged - victims- and/or their attorneys "request the apponunity to review the Agreement.- the USA() shall comply with the request so long as those individuals agree not to disclose the Non-Prosecution Agreement. There is no court order requiring the government to provide the alleged "victims- with notice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should he excisVd. Third. misstatements in your prior notification were not made "with the approval of Mr. Hpstein's counsel.- Fourth, we are concerned with your open-ended description of Mr. fipswin's responsibilities regarding civil restitution. The resolution of liability pursuant to I$ U.S.C. • EFTA00190672

KIRKLAND & ELLIS LLP A. Marie Vi August 11 200:t Page 2 .2253 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement. no more. no less. Fifth. while 'you state, in your letter. that the USAO does not 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 he no expansion of the list of individuals that you informed us had been memorialized tIS of September 24. 2007 and disclosed to Mr. Epstein un June 30. 2008 (the date of sentence pursuant to the Agreement's disclosure requirement:O. Please confirm the exact name and number of individuals the government plans on notifying as provided fur under the Agreement. Sixth. hased on express language in prior communications front your Ollice. we are in agreement that paragraphs 7 and 8 of the Agreement are in need of clarification 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 In the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. Josef berg's duties include thing contested litigation. In any ease, that issue is not ripe thr resolution at this point. but again, given his agreement to be the attorney representative. we will address these matters directly with Mr. Joscfsberg. Sin,eyrely. el . „ • 06. Lakowitz cc: Karen Atkinson. Chief. Monk= Division EFTA00190673

KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York. N Y rk 1 -4611 Phone: Fax: Please notify us immediately if 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 S IMMEDIATELY AT: To: Company: Fax #: Direct #: A. Marie Villafana United States Attorneys Office 561-820-8777 56 I -209-1047 CC: Company: Fax #: Direct #: Karen Atkinson United States Attorney's Office 561-820-8777 561-820-S711 From: • Date: Pages weaver Fax #: Direct #: Jay P. Lelkowity. August 22. 2008 message: EFTA00190674