Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) <[email protected]> Sent: Wednesday, September 17, 200810:43 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFIS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: Communications from Jeff Herman re Epstein matter Attachments: 080916 Ltr from Herman to Josefsberg.pdf; 080915 Ltr from Herman to Villafana.pdf 111 III all - Today, Jeff and Dexter should receive hard copies of a letter I received from Jeff Herman yesterday. (Karen received her copy yesterday.) I had not intended to do much with it, but today I received a fax from Bob Josefsberg attaching a letter that he had received from Herman. I have scanned and attached both of the letters to this e-mail. In light of the two letters, I would like to get permission to contact the Florida Bar for a written staff opinion on the issue. I could only ask them to address the issue of my contacting the victims, but I recommend that we ask Bob if he wants to submit a written request at the same time regarding whether he can contact the victims. I will note that, for those girls who we knew were represented, all communications were directed to their attorneys, and Bob J. knows that he cannot contact those girls directly. Can you let me know if you have any objection to this? And, Dexter, are you willing to review my written request before it goes out? Thank you. «080916 Ltr from Herman to Josefsberg.pdf>> «080915 Ltr from Herman to Villafana.pdf>> A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 432 EFTA00190703

Herman Wermelsteln, P 10:48:06 a.m. 16-09-2008 1/3 ERMAN & M ERMELSTEIN PA Ai l'ORNEYS AT LAW FAX TRANSMITTAL Jeffrey M. Herman Tel 305.931.2200 Fax 305-931-0877 jherman€hermanlaw.com 18205 Biscayne Boulevard Suite 2216 Miami, Florida 33180 yovw.hermanlaw.cOrn FROM DATE NO. OF PAGES Jeffrey M. Herman September 16, 2008 3 TO COMPANY FAX NUMBER A. Marie Villafana, Esq. U.S. Attorney's Office (561)820-8777 MESSAGE RE: Jane Does 2-5 I Jeffrey Epstein Please see enclosed correspondence. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN_ INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF 7MS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. EFTA00190704

305-9312200 Herman 8Mermelsteln,P 10:48.28 a.m. 16-09-2008 1/3 HERMAN 6. MERMELSTEIN PA ATTORNEYS AT LAW September 16, 2008 Via Fax and Regular Mail A. Marie Villafafia, Esq. Assistant U.S. Attorney 500 Australian Ave., Fourth Floor West Palm Beach, FL 33401 Re: Jeffrey Epstein Dear Ms. Villafafia: Jeffrey M. Herman Tel 305.931.2200 Fax 305.931.0877 [email protected] 18205 Biscayne Blvd. Suite 2218 Miami. Florida 33160 vninv.hermanlaw.com This concerns your letters to us and to sexual assault victims of Mr. Epstein dated September 2, 2008. Please be advised that we strenuously object to your letters on various grounds, and believe that they are in violation of the Florida Bar Rules. First, your letters attempt to steer the victims to a particular attorney, Mr. Josefsberg, and advise them that Mr. Josefsberg will be making an unsolicited contact to them in the next two weeks. This contact with prospective clients and solicitation reflected in your letters is contrary to Ma. Bar. Rule 4-7.4. Additionally, your letters are misleading in the following respects: (1) the action advocated to the victims in paragraph 2 refers generally to the victims' waiver o f "any other claim for damages", failing to advise them that this waiver may include a valuable claim to punitive damages against an alleged billionaire; and (2) the letters imply in paragraph 3 that Mr. Epstein's agreement to pay attorney fees is a significant concession, when in fact a victim is entitled to reasonable attorneys' fees under the Statute upon proof of a violation, irrespective of Mr. Epstein's agreement. We accordingly demand that the U.S. Attorneys' office immediately cease and desist from directing unrepresented victims into unsolicited attorney contacts and misleading them about their rights in claims against Mr. Epstein. We demand that you instruct Mr. Josefsberg not to solicit victims, and to send letters to unrepresented victims correcting the misleading statements contained in your September 2, 2008 letters. EFTA00190705

305- 9312200 Herman &Mermelstein, P 10:48:58 a.m. 16-09-2008 3/3 A. Marie Villafafia, Esq. September 16, 2008 Page 2 Finally, we demand that you make no contact with our clients diredy,kt_nd contact th i er ionl through our office. Our clients include Garcia, Faith Pentek and Alvarez. Sincerely, effrey M. Herman EFTA00190706

09/16/2088 17:18 PODHURST.ORSECK NO.269 D831 PQDHURST ORSECK, P.A. City National Bank Building, Suite 800 25 West Flagler Street Miami, FL 33130 Please deliver the following page(s) to: AUSA A. Maria Villafana (561) 820-8777 Michael R. Tein, Esq. (305) 442-6744 Roy Black, Esq. (305) 358-2006 From: Robert C. Josefsberg, Esq. Number of page(s): (Including cover page) Our Fax Number: (305) 358-2382 MESSAGE: File No. Epstein Date: 9/16/08 If you do not receive all pages, please contact us immediately at: (305) 358-2800 - Extension 3241 THIS IS A PRIVILEGED AND CONFIDENTIAL COMMUNICATION. IF YOU ARE NOT AN INTENDED RECIPIENT, YOU SHOULD: (1) REPLY TO SENDER; (2) DESTROY THIS COMMUNICATION ENTIRELY, INCLUDING DELETION OF ALL ASSOCIATED TEXT FILES FROM ALL INDIVIDUAL AND NETWORK STORAGE DEVICES; AND (3) REFRAIN FROM COPYING OR DISSEMINATING THIS COMMUNICATION BY ANY MEANS WHATSOEVER. THANK YOU. EFTA00190707

09/ 1G/2008 17:18 MDFURSLORSECK N0.269 f1002 Podhurs T 2.: A_, Sr A21?7-7-1-A77.71 WYi33S t • •••'4. r% r" , r: „..- r%..- Aaron S. Podhunt Robert il i coefsberg Joel D. Steven ks Victor M. Diar, Jr. Katherine W. Ezell Stephen F. Rosenthal Ricardo h.f.: Martfnet-Ctd Ramon A Rasco Alexander T. Rundlet John Gravante, lit AUSA A. Marie Villafana U.S. Attorney's Office Southern District of Florida 500 S. Australian Avenue, Suite 400 West Palm Beach, FL 33401 Roy Black, Esq. Black, Srebnick, et al. 201 S. Biscayne Blvd., Suite 1300 Miami, FL 33131 Re: Jeffrey Epstein Dear Ms. Villafana and Gentlemen: September 15, 2008 VIA FACSIMILE Robert Orseck (19M-1978) welter li Beckham. Jr. [Caren Podhurst Dan Of Counsel Michael R. Tan, Esq. Lewis Tein, 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133-5166 Enclosed please find a letter received today from Jeffrey Herman. Before I start wasting my time and Mr. Epstein's money researching the ethical issues, I would like to know if any of you looked into Rule 4-7.4. Until I am advised to the contrary, I shall assume Mr. Herman is incorrect, but I would like this issue resolved as soon as possible. Very truly yours, 770 - 7.2 Robert C. Josefibcrg RCJ/bp Enclosure cc: Katherine W. Ezell, Esq. Amy Ederi, Esq. Podhurst OrSick• P.A. 25 West }Leer Street Suitt 00). Mont It 33130 Mlatrd 3053382300 Fax Vinci; rdo • Fort Laucludak 954.461.4346 vnew.podhonecorn EFTA00190708

09/16/2008 17:18 P0DHLIRST,0RSECK H0.269 DOM :carman &Nlermelstein, P HERMAN & MERMELSTEIN PA ATTORNEYS AT LAW September 16, 2008 Via Fax and Regular Mall Robert Josefsberg, Esq. podhurst Orseck P A 25 W Plaster St Ste 800 Miami, Florida 331301720 Re: Jay Epstein Dear Mr. Josefsberg: 1050:14 a.m. 16-09-2008 212 KEL. RC: -- Cc A-7E' — Jeffrey M. Herman Tel 305.9312200 Fax 305.031.0877 Thermanehennanlaw com 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 swe.hennenlaw.corn We are in receipt of letters dated September 2, 2008 from Assistant U.S. Attorney A. Marie Villafaha that were sent to sexual assault victims of Jeffrey Epstein. That letter advises victims that you will be contacting them regarding civil claims against Epstein. Please be advised that we strenuously object to these letters and the contemplated unsolicited contacts with victims. Please be further advised that we represent the following victims in claims against Jeffrey Esptein and direct Malibu make no contact with an af them, except through our office: Michele Garcia, Faith Pentek and Alvarez. We further believe that Mr. Epstein's plan for you to represent victims, and for the Assistant U.S. Attorney to assist you in soliciting them, is in violation of the Florida Bar Rules, particularly Rule 4-7.4. We urge you not to participate in these activities. EFTA00190709