Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) Sent: Thursday, July 10, 2008 5;15 PM To: Villafana, Ann Mane C. (USAFLS); Acosta. Alex (USAFLS): Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Subject: Re: Proposed response to Goldberger's letter Fine Original Message From: Villafana, Ann Marie C. (USAFLS) To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Atkinson, Karen (USAFLS) Cc: Kuyrkendall, E N. (FBI); Richards, Jason R. (FBI) Sent: Thu Jul 10 17:12:26 2008 Subject: Proposed response to Goldberger's letter Please let me know if this is alright to fax out today. I can see no reason for us to disclose any of the additional information that they have requested. The message is ready to be sent with the following file or link attachments: 080710 Response to Goldberger ltr re notification.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. EXHIBIT 8-65 543 EFTA00225564

indicated in your letter of December 13, 2007)? Fifth, please recall that Mr. Sloman wrote to Judge on October 25, 2007 that "The United States takes no position as to the validity of any such claim under this statute." To avoid any appearance that the United States is endorsing or encouraging litigation by the identified individuals, we believe that such a statement should be included in any notification letter. I look fonyard to receiving your input on these issues. Until then, I remain, Jack A. Goldberger JAG/na cc: Jeffrey E. Epstein EFTA00225565

• JOSEPH R.ATFERBURY t JACK A. GOLDBERGER JASON S.WEISS ' Board Certified Criminal TrialAttomey Member of New Jersey & Florida Bars July 10, 2008 A. Marie C. Villafana, Esq. Assistant United States Attorney 500 S. Australian Avenue 4th Floor, Suite 400 West Palm Beach, Florida 33401 SENT VIA E-MAIL 8 FACSIMILE (561) 820-8777 Re: Jeffrey E. Epstein Dear Ms. Villafana: Thank you for your letter of yesterday. Kindly allow me a few follow-up points. First, we respectfully request a reasonable opportunity to review and comment on a draft of the modified notification letter you intend to mail before you send it. Second, we respectfully ask that you provide us with the identity of the victims' rights organization described in your letter; the name and contact information of the person at that organization with whom the Government has been communicating; copies of any communications with that organization and the pro-bono lawyers/groups who were recommended by that organization; and a description of any non-written communications that the Government has had with that organization and the pro-bono lawyers/groups. Third, while we appreciate your offer to disclose the names of the lawyers currently representing the individuals when you have finished compiling all of that information, we would be very grateful if you would provide any contact information you do have, on a rolling basis. Fourth, would it be possible for you to advise us of the full name of the minor to whom you have referred by initials, as well as the identities of the three individuals whom the Government notified about the deferred-prosecution agreement shortly after its signing (as EXHIBIT B-64 One Cleartake Centre, Suite 1400 250 Australian Avenue South West Palm Beach. FL 33401 p 561.659.8300 f 561.835.8691 www.agwpa.com EFTA00225566

JACK GOLDBERGER, ESQ. JULY 10, 2008 PAGE 2 OF 2 of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." Through this letter, this Office hereby provides Notice that the individuals identified below are individuals whom the United States was prepared to name as victims of an enumerated offense. Identified Individuals Fayth Pentek By: cc: Karen Atkinson, AUSA Sincerely, ( • R. Alexander Acosta United States Attorney A. Marie Villafafia Assistant United States Attorney EFTA00225567

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (561) 820-8711 Facsimile: (561) 820-8777 July 10, 2008 VIA CERTIFIED MAIL . Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: FINAL NOTIFICATION OF IDENTIFIED VICTIMS On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf- 00938 I AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confineinent imposed by the Court. In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions. One such condition to which Epstein has agreed is the following: "Any person, who while a minor, was a victim 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 she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes EFTA00225568

U.S. Department of Justice United States Attorney Southern District of Florida FILE COPY SOO South Australian Ave., Suite 400 West Palm Beach. FL 3340! (561) 820-8711 Facsimile: (561) 820-8777 July 10, 2008 NOTIFICATION OF IDENTIFIED VICTIMS NOTICE: IN ACCORDANCE WITH TITLE 18, UNITED STATES CODE, SECTION 3509(d) AND FLORIDA LAW, THE ATTACHED DOCUMENT IS TO BE TREATED AS CONFIDENTIAL AND SHALL NOT BE DISCLOSED EXCEPT IN CONNECTION WITH A LEGAL PROCEEDING. EXHIBIT B-63 EFTA00225569

U.S. Department of Justice United States Attorney Southern District of Florida A. Marie VIHafalia 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 8204711 Facsimile (561) 8204777 FACSIMILE COVER SHEET TO: Jack Alan Goldberger DATE: July 10. 2008 FAX NO. 561-835-8691 # OF PAGES: 2 PHONE NO. 561 659-8300 RE: Jeffrey Epstein FROM: A. MARIE VILLAFARA, Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00225570

r. * * * TRANSMISSION RESULT REPORT ( JUL.10:200B 5:26PM ) * * * • . TTI USAO WPB FL DATE TIKE ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE __________----___ JUL.10. 5:26PM 5618358691 TES 0'24" P. 2 OK 434 : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE C CONFIDENTIAL e : FORWARDING D : DETAIL 1 -: MIL_STD MODE P : POLLING M : MEMORY E ECM > : REDUCTION F FINE G RICOH -MG3/COMPATIBLE MODE EFTA00225571

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561)820-8711 Facsimile: (561) 820-8777 July 10, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: In response to your letter of today's date, copies of the victim notifications are being mailed to you on a rolling basis. For those victims who have counsel, the attorneys' contact information will be included. As you will see, the letter makes clear that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation. The Office feels that is a sufficient statement of its position and we will not include the language that you have requested. Also, a final list of victims has been sent to you today via Certified Mail. That list is identical to the draft provided to you on June 30th, except that it also includes the full name of the minor victim. By: cc: Karen Atkinson, AUSA Sincerely, R. Alexander Acosta United States Attorney, A. Marie Villafafia Assistant United States Attorney EXHIBIT B-62 EFTA00225572

(c) You eliminate from any notification any language that is currently contained in the "acknowledgment" section of the June 30, 2008 memorandum; and (d) You supplement the notification with the Government's previously made representation that it is not vouching for the =un ity of any claim by any identified individual. See Letter from J. Sloman to E. (10/25/07). Second, please note also that we do not understand your request that Mr. Epstein and his attorneys execute the rider / acknowledgment contained within your June 30 hand-delivered draft. Specifically, we do not believe that the Non-Prosecution Agreement requires Mr. Epstein's execution of any such additional stipulation. Because we want to ensure that Mr. Epstein continues to strictly comply with the letter of the parties' agreement, we respectfully ask that you explain why you believe that the Non-Prosecution Agreement requires execution of your stipulation. Our understanding of the Non-Prosecution Agreement is that it does not require Mr. Epstein to "acknowledge" anything not already contained within the four corners of the written agreement. The agreement certainly contains no written term obligating that he "waive any evidentiary challenge to the introduction of a copy" of any "Notification of Identified Victims" in "any judicial proceeding between any identified individual" and Mr. Epstein, as your memorandum currently requests. Further, please note that your June 30 stipulation, as drafted, is not limited to Section 2255 proceedings. Rather, your June 30 draft requires Mr. Epstein to waive evidentiary challenges in "any judicial proceeding" - - which clearly exceeds the bounds of the parties' written agreement. Third, I would respectfully request that you provide me with the names of the "pro bono lawyers" who, you indicated to me at our June 30 meeting at my office, were intending to represent certain persons identified on your June 30 draft notification, as well as any knowledge that the Government has as to how they were selected, and what communications the Government has had with them to date. Finally, please know that it is Mr. Epstein's firm intent to fulfill strictly each term and condition of his Non-Prosecution Agreement with the Government. Nothing in this letter should be construed, however, as waiving any defense that may be available to Mr. Epstein under the parties' written agreement. I look forward to your response. Until then, I remain, V trul yours, a A. Goldberger cc: Jeffrey Epstein EFTA00225573

ty.st July 9, 2008 A. Marie C. Villafana, Esq. Assistant United States Attorney United States Attorney's Office 500 South Australian Avenue 41" Floor, Suite 400 West Palm Beach, Florida 33401 SENT PIA E-MAIL & FACSIMILE (561) 820-8777 Re: Jeffrey E. Epstein Dear Ms. Villafana: Writgrc*: 4 14 s itA.,V4 tA:41:e. • JOSEPH R.ATTERBURY •t JACK A.GOLDBERGER JASON S.WE1SS •Board Certified CriminalTrial Attorney t Member of New Jersey & Horlda Ben Thank you for your letter to me dated July 8, 2008 and the draft document dated, e-mailed and faxed to me at my office on June 30, 2008, styled "Notification of Identified Victims." I would like to address a few related issues. First, please note that we have several requests concerning any such notification. Specifically, we request that: (a) Any notification be sent to any individual by mail (or served upon their attorney, to the extent known), and we respectfully object to any service by hand, a method of service which carries the concomitant risk of conversations regarding the notification that potentially would place the federal authorities in a position of being advocates for civil litigation; (b) Any notification be effectuated by a separate mailing to each individual without the inclusion of any language that appeared on the second page of your June 30, 2008 memorandum; i.e. rather than including in each notification a large section listing "identified individuals" with redactions other than the name of the recipient (which we contend would be a clear and impermissible signal to any individual that the notification is a broad notification to numerous other alleged victims). Rather, a simple one page notification directed only to the recipient, and limited to the information currently on the first page of your draft memorandum would suffice. One Clearlake Centre, Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p 561.659.8300 f 561.835.8691 www.agwpa.com EXHIBIT B-6I EFTA00225574

P. 1 * * * TRANSMISSION RESULT REPORT ( JUL. 9.2008 4:05PM ) * * * TTI USA° WPB FL DATE TIME ADDRESS MODE TIME PAGE RESULT PERS. NAME FILE JUL. 9. 4:04PM • : BATCH L : SEND LATER S : STANDARD A-: ASYNC MODE 5618358691 TES 0'36" P. 3 OK 412 C : CONFIDENTIAL @ : FORWARDING D DETAIL 1-: MIL_STD MODE P : POLLING E : ECM F : FINE G-: RICOH-MG3/COMPATIBLE MODE M : MEMORY > : REDUCTION EFTA00225575

U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafalia 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 (561) 820-8711 TO: Facsimile (561) 820-8777 FACSIMILE COVER SHEET Jack Alan Goldberger DATE: July 9, 2008 3 FAX NO. 561-835-8691 # OF PAGES: PHONE NO. 561 659-8300 RE: Jeffrey Epstein FROM: A. MARIE VILLAFARA, Assistant U.S. Attorney PHONE NO. 561 209-1047 COMMENTS: EFTA00225576

JACK GOLDBERGER, ESQ. JULY 9, 2008 PAGE 2 was prepared to include in an indictment. This means that, pursuant to Justice Department policy, these are individuals for whom the United States believes it has proof beyond a reasonable doubt that each of them was a victim of an enumerated offense. There will be no statement one way or the other regarding the validity of any claim. You have asked for an explanation of why I believe the Acknowledgment portion is required by the terms of the Agreement. Under a strict reading of the Agreement, it is not required, other than to Acknowledge that the United States has performed its obligation of providing Mr. Epstein with a list of identified victims following his guilty plea and sentencing. The purpose of the Acknowledgment was to create one single document incorporating the parties' agreement on'the single topic of the right to proceed under 18 U.S.C. § 2255. This would avoid litigation regarding the victims' rights to have access to the original Non-Prosecution Agreement. Without such an express Acknowledgment by Mr. Epstein that the Notice contains the substance of that Agreement, I believe that the victims will have a justification to petition for the entire agreement, which is contrary to the confidentiality clause that the parties have signed. If you believe that particular words are objectionable, I am happy to consider a modification. As I mentioned to you last week, I will provide you with the names of the attorneys currently representing the victims when we have compiled all of that information. Some of the victims are represented by attorneys from the South Carolina Victim Assistance Network and the Maryland Crime Victims Resource Center, both of which were recommended by a victims' rights organization that receives grants from the Justice Department. If you have any suggestions for a modification of the Acknowledgment, please let me know. Sincerely, R. Alexander Acosta United States Attorney By: cc: Karen Atkinson, AUSA A. Marie Villafatia Assistant United States Attorney EFTA00225577

O.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 9, 2008 VIA FACSIMILE Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: Thank you for your letter of today's date regarding theproposed Victim Notification. Let me address some of the items in your letter. We have no objection to doing individual mailings. The Notification was drafted in that way in order to minimize the number of documents that Mr. Epstein would sign. Now that you have raised an objection to signing the Acknowledgment, each notification will list • only the victim who is being notified. In light of Mr. Epstein's refusal to sign the Acknowledgment, the Acknowledgment portion has been deleted and the notification has been slightly modified in order to provide more complete information and it has been formatted as a letter rather than a more formal "Notification" document. We will not be including any statement that the U.S. Attorney's Office is not vouching for the veracity of any claim. As you know, the U.S. Attorney's modification of the 2255 portion of the Agreement now limits our victim list to those persons whom the United States EXHIBIT B-60 EFTA00225578