Case 9:08-cv-80736-KAM Document 362-59 Entered on FLSD Docket 02/10/2016 Page 2 of 2 (USAFLS) From: (USAFLS) Sent: iinTrz-nrw•InTrnara 408 4'21 PM To: '; 'Roy BLACK' Cc: nson, aren I • S) Subject: Hearing with Judge Marra Dear Jay and Roy: We just finished our hearing with Judge Marra. He has ordered us to make the Agreement available to the plaintiffs in this case pursuant to a protective order limiting the disclosure to the victims and their counsel only. He further has ordered that we have to make the agreement available to any other identified victim and her attorney, so long as they also agree to be bound by the protective order. Judge Marra stated that the plaintiffs can litigate the issue of further disclosure directly with Mr. Epstein in the context of their civil suits. When I receive the Court's order and a signed protective order. I will provide them to you. A. Mark Vilkilinla Assistant U.S. Attornt. Tracking: 234 08-80736-CV-MARRA RPP WPB-001798 EFTA00185158
Case 9:08-cv-80736-KAM Document 362-60 Entered on FLSD Docket 02/10/2016 Page 1 of 3 EXHIBIT 130 EFTA00185159
Case 9:08-cv-80736-KAM Document 362-60 Entered on FLSD Docket 02/10/2016 Page 2 of 3 U.S. Department of Justice United States Attorney Southern District of Florida • 500 S. Australian Ave, Ste 400 West Palm Beach, Fl. 33401 Facsimile: August 15, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citi ou Center New York, New York 10022.4675 Roy Black, Esq. Black Srebnick Komspan & Stumpf P.A. 201 S. Bisca ne Blvd, Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier e-mail. Our communications with Mr. Black and later with Mr. Lefkowitz were solely'to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. We appreciate your answering our question with finality. You have now made clear that Mr. Epstein did not accept the December modification, and accordingly, we will now consider that modification to be a nullity. Pursuant to our Agreement, I will prepare an Amended Notification that contains the names of additional identified victims. In accordance with Paragraph 7B of the October Addendum, please provide me by Monday afternoon with a proposed written submission to the independent third-party who will select the attorney representative. Finally, as you are aware, the United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. 08-80736-CV-MA.RRA RIP WPB 000575 EFTA00185160
Case 9:08-cv-80736-KAM Document 362-60 Entered on FLSD Docket 02/10/2016 Page 3 of 3 JAY P. LEFKOW1TZ, ESQ. ROY BLACK, ESQ. AUGUST 15,2008 PAGli 2 OP 2 Goldberger did not provide the state court with a true copy of the complete Agreement, and he should take steps to correct that error. Sincerely, Unite tales florin, By: A. Assistant cc: Karen Atkinson, Chief, Northern Division tates Attorney 08-80736-CV-MARRA KFP WPB 000576 EFTA00185161
Case 9:08-cv-80736-KAM Document 362-61 Entered on FLSD Docket 02/10/2016 Page 1 of 4 EXHIBIT 131 EFTA00185162
Case 9:08-cv-80736-KAM Document 362-61 Entered on FLSD Docket 02/10/2016 Rage .2-otA KIRKLAND & ELLIS LLP Fax Transmittal C Phone. Fax: • — PiPZISO notify us immediately if any pages arc 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 NOIMANDIATELY AT: To: A. Villarana CC: Company: tinned States Attorney's °Dice Company: Fax #: Fax Direct Direct Si: Karen Atkinson ' United Slates Attorney's Oniee. From: Date: . Pagestmeover. Fax Direct #: Jay V. Letkowilz August 18.2008 3 Message: 08-80736-CV-MARRA RFP WPB 000581 EFTA00185163
Case 9:08-cv-80736-KAM Document 362-61 Entered on FLSD Docket 02/10/2016 Page 3 of 4 KIRKLAND & ELLIS LLP AM. Millinfill PARINIteithr% Jay P. Lolkowilz. To Wnlor Dhotily )446.4970 lalkowils(Okoklancl.con) CiUgroup CAME 163 Eart G9t0 SVool Now York. Now York 10022.4011 VIA FACSIMILE X20-4777 A. Marie Villalam United States Attorney's Office West Palm Beach, Florida 33401 Dear (212)440.4000 wWWJWICIOnd Win August I R, 2008 Re: deity Epstein nestrtolu: ) 4A13.4900 I write in response to your letter dated August 15. 2008 regarding the civil restitution portion of the Deferred Prosecution Agreement (the "Agreement"). Thank you for tumlIrmIng our position that ember modification proposal is not port of the Agreement. As expressed by U.S. Attorney in his December I 0. 2007 letter, the unorthodox use of a civil restitution 'statute in a federal plea agreement. which resulted in state charges against Mr. Epstein. has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the 18 U.S.C. 2255 aspects of the Agreement are carried out in a proper manner. it would he useful to come to an agreement us to the implementation of the civil restitution portion of the Agreement, As we have previously stated. Mr. Epstein %Hy intends to chide by the terms of the Agreement, and we hope you appreciate that our efforts to resolve any misunderstandings between Mr. Epstein and the government about the terms of the Agreement are intended only to ensure that it is carried out 'tiny and fairly. In an effort to avoid having either party unintentionally breach the Agreement. we suggest that steps he taken to clarify the meaning of paragraphs 7-10. It would he extremely helpful to both sides to have an independent third patty consider the Agreement and offer the final word on how certain clauses should be interpreted and satisfied. Because the government has already enlisted Judge to select the attorney representative under the Agreement. we would be amenable to his serving in this role. In order to come to un agreement on the exact procedure by which the identifitxl individuals will obtain restitution. 1 am providing you with our thoughts on three issues below, Cnagn Hong Kong London 08-80846siOil&MAIIRRtunica son ramose* RFP EFTA00185164
Case 9:08-cv-80736-KAM Document 362-61 Entered on FLSD Docket 02/10/2016 Page 4 of 4 III 10%001 uuu KIRKLAND & ELLIS LLP A. V il lama Aueust 18.2008 Page 2 Once we come to an agreement on the fallowing and you provide a complete and final list of identified individuals, it will be appropriate to notify them. First. 1 am concerned by your suggestion that you might want to increase the number of individuals on the government's list. 1 had expected the number to have become smaller, because when we spoke prior to signing the agreement you told me that the government already had a list. and we were informed thereafter that the September 2k 2007 list had been narrowed. Cenninly. anyone who was not on the list prior to September 24. 2007 cannot permissibly he added to the list. Second. we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should he limited to (1) the language provided hi the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact ink:inflation of the selected attorney representative. We object to the inclusion of additional information about the investigation of Mr. Epstein, the terms of the Agreement other than paragraphs 7-10, and the identity of other identified individuals. Third, as you are aware, the Addendum requires that "the parties will jointly prepare a short written submission to the independent third-puny regarding the role of the attorney representative and regarding Epstein7s Agreement to pay such, attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra: We will certainly cooperate with the government to drat% such a joint submission and would he pleased to submit droll language to you for such a joint submission. I look forward to working with you to resolve these matters. I believe we have a mutual • interest in moving past all of these issues so that the civil restitution aspects of the Agreement can be fulfilled. Sincerely. te 1.elkowuz cc: Karen Atkinson. Chief. Northern Division 08-80736-CV-MARRA RFP WPB 000583 EFTA00185165
Case 9:08-cv-80736-KAM Document 362-62 Entered on FLSD Docket 02/10/2016 Page 1 of 3 EXHIBIT 132 EFTA00185166
Case 9:08-cv-80736-KAM Document 362-62 Entered on FLSD Docket 02/10/2016 Page 2 of 3 U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 ch. FL 33401 Facsimile: August 21, 2008 DELIVERY BY ELECTRON C MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citi rou Cen New York, New York 10022-4675 Roy Black, Esq. Black Srebnick Kornsiiiiipf P.A. 201 S. Bisca ne Blvd, Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier letter. The U.S. Attorney's Office shares in your desire to implement all of the terms of the N i llosecution Agreement. As you arc aware, the jointly-approved Special Master, Judge , has already selected an attorney representative, Robert Josefsberg, who was accepted by both parties. The Office has conferred with Mr. Josefsberg, who has agreed to continue in that role. In October 2007, Mr. Josefsberg expended time, effort, and funds in preparing to serve as the attorney representative, and he will need a written confirmation from you that his future fees and expenses will be paid in accordance with the terms of the Non-Prosecution Agreement. Please provide me with a copy of that correspondence for my file. With that matter settled, I believe that the requirement for a joint written submission to the Special Master has been extinguished. Nonetheless, I have no objection to attempting to create a joint statement to atilt Mr. Josefsberg in serving his duties. Regarding your suggestion that we ask Judge to "offer the final word on how certain clauses should be interpreted and satisfied," I believe that the Agreement speaks for itself. 08-80736-CV-MARRA REP WPB 000587 EFTA00185167
Case 9:08-cv-80736-KAM Document 362-62 Entered on FLSD Docket 02/10/2016 Page 3 of 3 JAY P. Lupsowra, Eso. ROY BLACK, ESQ. Auoun 2I, 2008 PAon 2 or 2 Pursuant to the terms of the Agreement, following Mr. Epstein's sentencing, the U.S. Attorney's Office provided Mr. Epstein's counsel with a list of the individuals whom it was prepared to name in an indictment as victims of an offense enumerated in 18 U.S.C. § 2255, and none of those names will be deleted. By his agreement, Mr. Epstein sought to resolve liability for all criminal activity known to the United States as of the time of his plea and sentencing, and he is responsible for damages to all victims of that criminal activity. Copies of the victim notifications will continue to be provided to counsel for Mr. Epstein. Please let me know whether I should continue to list Mr. Goldberger as the point of contact for the civil litigation. Regarding your suggestion on the content of the notification letters, I intend to use the same format that was used in the letters previously approved by Messrs. Goldberger and Tein, except that I will include the language from the September and October agreements. I have enclosed a draft herewith. Because I previously provided the victims with incorrect information—albeit with the approval of Mr. Epstein's counsel—it is imperative that I correct the error promptly. Accordingly, if' you have any substantive objections to the letter, please advise me by tomorrow afternoon, By: Sincerely, United States Attorney tiAge tfr e— Assistant United States Attorney cc: Karen Atkinson, Chief. Northern Division 08-80736-CV-MARRA RFP WPB 000588 EFTA00185168
Case 9:08-cv-80736-KAM Document 362-63 Entered on FLSD Docket 02/10/2016 Page 1 of 3 EXHIBIT 133 EFTA00185169
Case 9;08-cv-80736-KAM Document 362-63 Entered on FLSD Docket 02/10/2016 Page 2 of 3 U.S. Department of,lustice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Reach. Fl. 33401 August 26, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Leflcowitz, Esq. Kirkland & Ellis LLP Citi ou Center New York, New York I0022-4675 Roy Black, F4sq. Black Srebnick Kornspan & Stumpf P.A. 201 SB Blvd, Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your letter of August 22nd. 1 write to follow up on some of the points that you raised. The list of thirty-two victims that was provided to Mr. Goldberger via certified mail on July 10, 2008 is the final list. As I mentioned, copies of the notification letters to each victim will be carbon-copied to an attorney for Mr. Epstein and Mr. Josefsberg. I asked you to advise me whether Mr. Goldberger should continue to be listed as the contact person for the civil litigation in the amended victim notification letters and whether he should receive the carbon copies of' those letters as they are sent. I also asked you to provide me with written confirmation of your agreement to pay Mr. Josefsberg's fees. Please provide that confirmation to Mr. Josefsberg so that he can begin his representation, and provide me with a copy for my file. 1 have conferred with the lead AUSA in the case of Jane Doe 1 and 21 United States, 08-80736-CV-MARRA RFP WPB 000603 EFTA00185170
Case 9:08-cv-80736-KAM Document 362-63 Entered on FLSD Docket 02/10/2016 Page 3 of 3 JAY P. LEITKOW117., ESQ. Roy BLACK, ESQ, Aucusr 26, 2008 PAGE 2 OF 2 and he agrees that, based upon the discussion with Judge Marra during the hearing on the plaintiffs' motion, a notification of the judge's ruling is required. I will, however, change the language slightly to direct the victims to discuss the matter with Mr. Josefsberg. With regard to your concerns with my "open-ended description of Mr. Epstein's responsibilities regarding civil restitution," I agree that the resolution of civil damages claims is as stated in paragraphs 7 and 8 of the Agreement and Addendum. That is why the language in the notification is taken verbatim from paragraphs 7, 8, and 7C of the Agreement and Addendum, except that the victim's name is used in place of "identi fled individual." As I mentioned in my earlier letter, if you have any proposed substantive changes, please provide them to me. Mr. Goldberger and Mr. Tein explicitly approved the language in my earlier victim notification letter, even though they apparently were taking the position that the December 19, 2007 letter was not part of the Agreement, so that misinformation was provided to the victims with the approval of Mr. Epstein's attorneys. With regard to your sixth and seventh points, I reiterate that it is the Office's position that the Agreement and Addendum speak for themselves. Let me also reiterate that, while the Office does not intend to involve itself in any civil negotiations or litigation, if it comes to our attention that Mr. Epstein has breached the terms of the Agreement, the Office intends to enforce its right pursuant to the Agreement. I would appreciate a prompt response to the question regarding which of Mr. Epstein's attorneys should be named in and receive copies of the notification letters, as well as documentation of your commitment to paying Mr. Josefsberg's fees so that I may begin distributing the revised victim notifications on Wednesday morning. Sincerely, tin' By: States Attorney A. ane Assistant United States Attorney cc: Karen Atkinson, Chief, Northern Division 08-80736-CV-MARRA RIP WPB 000604 EFTA00185171
Case 9:08-cv-80736-KAM Document 362-64 Entered on FLSD Docket 02/10/2016 Page 1 of 2 EXHIBIT 134 EFTA00185172




