(z) Original Message From: "Sloman, (USAFLS)" Sent: 10/17/200761:58 PM AST To: Jay Lefkowitz Subject: RE: «071015 Special Master Letter2.wpd>> Jay, Here's our proposed letter to the special master. Original Message From: Jay Lefkowitz (mailto: Sent: Tuesdayk pctober 16, 211.11 To: Sloman, (USAFLS) Subject: ♦•+fr The information contained in this communication is US_Atty_Cor_0021 6 EFTA00235542
confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. * • • • • US_Atty_Cor_0021 7 EFTA00235543
a < oma; tursr 'S Jeff.Slorn oj.gov• 10/22/2007 05:23 PM To [email protected]> cc boc Subl•c1 Re: Epstein I have not spoken to him but it was our intention to assign the decision to select a lawyer to Judge Davis not for him to represent the girls. We do not want to select the lawyer who represents the girls. I don't know who said he'd do it but it wasn't us. Sent from my BlackBerry Wireless Handheld Original Messagamm . From: Jay Le ittz < To: Sloman, (USAFLS) Cc: Acosta, Alex (USAFLS); (USAFLS) Sent: Mon Oct 22 17:10:00 2007 Subject: Re: Epstein < "Sloman, a (USAFLS)" 10/22/2007 04:40 PM To "Jay Lefkowitz" < cc "Acosta, Ale " <Alex.Acost (USAFLS). < Subject Epstein US_Atty_Cor_0021 8 EFTA00235544
Or ' , .1 10/23/2007 05:36 PM To "Jay Lelkowitz" <[email protected] cc "Acosta, Alex (USAFLS)" <Alex.Acoein@ bcc Subject RE: Epstein o t ditt. . Jay, Can't speak tonight. Won't send It out tonight. I'll check with Alex In the morning and will call you then. S From: Jay Leficowitr [mallto:[email protected]] Sent Tuesdays pctober 23, 2007 5:34 PM To: Sloman, (USARS) Ca Acosta, Alex (USARS) Subject Epstein IIIIIIIIII ********** ******* ***** ******************** *********** * 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 add It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. * • * * * US_Atty_Cor_00219 EFTA00235545
alat ipUSAPLS)" usdoj.gov> 10/24/2007 03:45 PM To cc 'Jay Lefkowtte "Ae (USAPIS)' eAlex.AcostaeusdoLgov> bcc Subject Epstein Addendum and Letter to Judge <<Addenclum.vmd>> <<011015 Special Muter Letter4.wpd>> Jay, Pursuant to our conversation, here is the revised letter and a new addendum. Theonly changeto the addendumisthat I renumbered the new paragraphs from A,B, and C to 7A, 7B, and 7C.Once you approve,I will contact Judge Davis and send him the letter. Please execute the addeadum,PDFthe executedoriginalto me as soon as possible and Fed Ex the original to me thereafter. «< Attachment 'Addendum.wed' has been archived by user tommonStore/IT/kiricland-Eills' on '12/25/2007 00:26:41'. >n «< Attachment '071015 Special Master Letter4.wod' has been archived by user 'CorninonStore/f17KIddand-Ellis' on '12/25/2007 00:28:42', >>> US_Atty_Cor_00220 EFTA00235546
IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the US_Atty_Cor_00221 EFTA00235547
Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY 0 Dated: Dated: Dated: Dated: By: ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00222 EFTA00235548
S. Department of Justice United States Attorney Southern District of Florida 99 NE es Street Mims; FL 33132-2111 (305) 961-9299 Facsimile (305) 5304444 October 2007 2 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Alterman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alki, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this US_Atty_Cor_00223 EFTA00235549
The Hon. Edward B. Davis (Ret.) October 2007 Page 2 of 4 responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8If any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. US_Atty_Cor_00224 EFTA00235550
The Hon. Edward B. Davis (Ret) October 2007 Page 3 of 4 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage hi sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. US_Atty_Cor_00225 EFTA00235551
The Hon. Edward B. Davis (Ret) October _ 2007 Page 4 of 4 If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. Sincerely, It, Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA US_Atty_Cor_00226 EFTA00235552
oklon 10,24/2007 04:25 PM 3059619299 To MMIIIMB., cc bcc Subject Re: Sent from my BlackBerry Wireless Handheld Original Message From: Jay itz <JLefkowitzekirkland.com> To: Sloman (OWLS) Sent: Wed Oct 24 16:23:05 2007 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all Attachments. ******* *****&& ******* & ********* ****** ***** ***** US_Atty_Cor_00227 EFTA00235553
" S l o m a n , ■ 1 1 1 1 . 0 ' OMWY. 10/24/2007 05:30 PM To "Jay Leflcowite < cc USAFLST adoj.govo, "Acosta. Alex (USAFLS)" <Alex_Acoste@usdoLgov> bcc Subject Epstein - Letter to Judge Davis Jay, Here is the latest and hopefully final version of the letter to Judge Davis. S <<071015 Special Master Letter5.µpd>> «e Attachment '071015 Special Master LetW/5,werr IPS beam_ archived by user 'CommonStore/IT/Ktridend-Ellist en '12/25/2007 Q0:27:04'. >» US_Atty_Cor_00228 EFTA00235554
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) 820-8777 October 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alio, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this US_Atty_Cor_00229 EFTA00235555
The Hon. Edward B. Davis (Res.) October 2007 Page 2 of 4 responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.1f any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. US_Atty_Cor_00230 EFTA00235556
The Hot Edward B. Davis (Ret.) October_ 2007 Page 3 of 4 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. The United States takes no position as to the validity of any such claim under this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women. I An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. US_Atty_Cor_00231 EFTA00235557
The lion. Edward B. Davis (Ret) October _ 2007 Page 4 of 4 4. Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims. 5. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 6. Experience litigating in federal court in the Southern District of Florida. 7. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached (defense counsel has reserved the right to challenge such litigation). 8. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me and/or the U.S. Attorne efkowitz, Esq. on behalf of Epstein. Mr. Lefkowitz can be reached at - Kirkland & Ellis LLP, Citigroup Center, 153 East 53'd Street, New York, New York 10022-4611. Thank you again for your assistance with this matter. Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA US_Atty_Cor_00232 EFTA00235558
"Slornanli o ON 10/30/2007 02:42 PM To -Jay Lefkowite 411=MIS cc "Acosta, Alex (USAFLS)" cAlex.AcostalgAin403-0 bcc Subject Epstein ain:nras TitimaphW Jay, Here is an executed version of the addendumPleaseFed Ex the original signature pages to me. Thanks, S <<epstein addendum 10 3 0.pdf>> «< Ma &gent 'eostein addendum 10 30.pdf has been archived by_ user VommonStore/IT/KIrkland-Ellis' on '12/31/2007 23:47:35'. >>> US_Atty_Cor_00233 EFTA00235559
Di RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO TIM NON-PROSECIMbN AGREEMENE IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph T'), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an Independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in a 2255 to bear the costs of the attorney representative, shall cease. US_Atty_Cor_00234 EFTA00235560
By signing this Adcknduzn, Epstein asserts and certifies that the above has been read and explained to Mit. Epstein hereby, states that he understands the clarifications to the Non- ProsecutiorrAgettIndnt and agrees to comply with than. R. ALEXANDE.R. ACOSTA UNITED STATES ATTORNEY Dated: /0/3 OA 7 Dated: Dated: Dated: By: VILLAYANA ASSISTANT U.S. ATTORNEY ' eafak4a4A-- GERALD LEFCOURT, ESQ. - COUNSEL TO YEFFREY EPSTEDI LILLY.' SANCHEZ, ESQ. ATTORNEY POR JEFFREY EPSTEIN US_Atty_Cor_00235 EFTA00235561
By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to hlm. Epstein hereby states that he understands the clarifications to the Noc- Prosecution Agreement and agrees to comply with them. Dated: /0 ASO Dated: Dated: Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: V . tindi FA t) EA A A. MARIE VILLAFASIA ASSISTANT U.S. ATTORNEY L1LLYIIIISANCREZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00236 EFTA00235562
By signing this Addendum, Epstein asserts and cenithes that the above has been read and explained to him. Epstein hereby WM that he understands the clarificadons to the Non- Prosecution Agreement end agrees to comply with than. R. ALEXANDER ACOSTA UNTIED STATES ATTORNEY Dam ii/3 Wo 1 • Dated: Dined: Wed: ithlgaia . Br --tIt2-74 1-604.-- mum ,6 a&LAFAPIA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN ATTORNEY FOR JEFFREY EPSTEIN US_Atty_Cor_00237 EFTA00235563
"Slomen, s .gova 10/30/2007 05:38 PM Jay, To "Jay Lefkowite <[email protected]> cc boa Subject RE: Epstein I called Judge Davis before I sent him the agreed upon letter. He indicated his willingness to serve as the "decider? I will call him tomorrow to see whether anything has changed and when we can anticipate a decision. Regarding the subpoena question, let me think about that overnight. Thanks, S From: Jay Lefkowltz [mallto:[email protected]) Sent: Tuesdaypctober 30, 2007 4:54 PM To: Sidman, gi (USAFLS) Cc Acosta, Alex (USAFIS) Subject Re: Epstein — Original Mess, — From: "Slants, M(USAFLS)" dinSlocanigandoj.gov) Sent: 10/30/2007 02:42 PM MT To: Jay Lefkowitz Cc "Acosta, Alex (USAFT-Sr <[email protected]> Subject: Epstein Jay, Here is an executed version of the addendum. Please Fed US_Atty_Cor_00238 EFTA00235564
Ex the original signature pages to me. Thanks, a «epsteln addendum 10 30.pdP> ***Ma** ***** ***** ***** * ***** *•*** *********** ***WS *•**• 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastengkirkland.com, and destroy this communication and all copies thereof, including all attachments. ••**•** ****************** ***ass* ***** ***********•***** ***** US_Atty_Cor_00239 EFTA00235565
"Simon, .goto 10/31/2007 04:33 PM To "Jay Lefkowite <[email protected]> cc bcc Subject Epstein Jay, Your understanding from Jack Goldberger conforms to my understanding that Mr. Epstein's plea and sentence will take place on the same day. I understand that the plea and sentence will occur on or before the January 4th date. U a US_Atty_Cor_00240 EFTA00235566
moot/o03 1//05/07 VON 10:05 PAX 30$ 550 0440 BMW: vte. ()SPICE [(Nn a a U.S. Department of Justice United Stotts /Mornay Southern District lined* pELIvERYTAY_FACSB417,li Jay P. Lcfkowitz, Esq. Kirkland Jr Ellis T.LP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 99 NS. r stmt ant, FL 15132,1111 (305) 941-9299 readmits: O051 5304444 November 5.2007 Several things have come to my attention that seem contrary to your client intending to abide by his obligations under the Non-Prosecution Agreement. As you know, that agreement requires Our Office to inform you of potential breaches to give you and your client the opportunity to respond before an indictment is filed. At this tune, I do not believe that the agreement has been breached: however, I have sufficient concerns that need to Sc addressed. Pint, I understand that private, investigators worIcingfbr Mr. Epstein have contacted victims to ask them whether anydetectives or FBI agents have discussed afinancial sottlemont with them. On one occasion, the yin vans investigators told the parent of a victim that she should get an attorney for her daughter and she should do so right away. These actions are troublesome because the per agents legally aro required to advise the victims of the resolution of the matter, which includes informing them that, as part of the resolution, that Mr. Epstein has weed to pay damages in some circumstances. Furthermore, Mr. Epstein well knows that we are in the process of selecting an attorney to represent the victims and, but for the inordinate amount of time spent negotiating the Addendum, that attorney would already have been selected. Paragraph 7 of the Non•Prosecution Agreement explicitly provides that contact with the victims shall. be through that counsel. Accordingly, please confirm that there will be no further efforts to contact any victims until Judge Davis selects the attorney representative and that, thereafter, contact will be made only through that counsel. Second, the Non-Prosecution Agreement requires Mr. Epstein to use his best efforts to cuter his guilty plea and to be scnrunced not later than October 26, 2007. Despite this obligation, the Office agreed that Mr. Epstein could postpone this deadline to November, but reiterated that Mr. US_Atty_Cor_00241 EFTA00235567
illasiotr MON l0:00 FAX 30$ 530 6440 EXECTrIvE 'REECE: gå 003/003 lä 003 JAY?. l.natcouniz. Noverama 5, 2007 Pane 2 Os 2 Epstein had to begin his term of incarceration not later than Sanuary 4, 2008. T have teamed that the November hearing has been removed from the calendar and the next case disposition conference hats not been set until January 7.2008. This delay is unacceptable, and, pursuant to your obligations, the Office requests that you confer with the Spite Attorney's Office to try to find a date In November when the judge is available to conduct a simultaneous plea and sentencing. if you cannot find such a date, please provide documentation of your efforts to abide by the mans of tbc Non-Prosecution Agreement. Third, there hove been several press reports that Mr. Epstein no longer intends to enter a gull ty plea. Normallylvmuld not pay any attention to such reports, but your recent correspondence attempting to restrict our Office from communicating with the State Attorney's Office and the ;illusion to the imposition of sentences that clearly fall outside the terms of the Non-Prosecution Agroemeot raises concern. Please confirm that Mr. Epstein intends to abide by his agreement to plead guilty lo the specified charges and to make a binding recommendation that the Court impose a sentence of 18 months of ountintious confinement In the county jail. Finally, the Non-Prosecution Agreementrequires that you provide the Office with cbpieg of all propose d agreements with the State Attorney's Olllee before Mr. Epstein signs any such agreements. To date, no such agreements have been received. Please provide me with copies of any and all agreements with the State Attorney's Office for outroview. The Office also would like to have someone present at the change ofplen and sentencing to monitorMr. Epstein's compliancewith the turns of the Non-Prosecution Agreement, so please keep me informed of the date, time, and location of the hearing. Picase provide me with a written response, adopted by Mr. Epstein, addressing these concerns and reiterating Mr. Epstein's intention to comply with the terms oC the Non-Prosecution Agreement by November 8, 2007. By: cc: R. Ale • sta, U.S. Attorney AUSA Villafatia Sincerely, It. Alexander Acosta United State:itorney Jeffrey Sleman First Assistant United States Attorney US_Atty_Cor_00242 EFTA00235568
,An", , nna 06/16/2008 11:16 F81. 05/16/08 FRI 11:08 F.« UNITED STATES DEPARTME. (-3 Criminal Divisio Child Exploitation and Obsc 1400 New York Avenue, NW Suite 600 Washington, DC 20530-0001 • 20005 TO: R. Alexander ACO9ta • Esq. Jay LefIccuitz, Eski. OPETCE NUMBER: FAX NUMBER: 305/530-7087 E1/445-4900 FROM: Alexandra Ge)h.r. Le4-rci fa, bc)-3 DAT/3/11ME: May 16, 2008 OFFICE NUMBER: (202) 514-5780 NUMBER OF PAGES, EXCLUDING THIS SHEET: 5 SPECIAL INSTRUCTIONS: US_Atty_Cor_00243 EFTA00235569
1/40002/000 21/08/D7 YON 10:05 FAX )05 53u e4A0 EX.ECil! V E (WV [d002 • • U.S. Oepartinent of Justice United Stares Attorney Southern District oily/pride DELIVERY tlYIACSIMITZ Jay P. Lefkowitz, Esq. Kirkland & Ellis 'UP Citigroup Center 153 East 33rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear fey: 99 ME. *strew Mist! PL 33132411f 005)96,4299 Puctimile: (305) .5304444 November 5.2007 Several things have come to my attention that scent contraty to your• client intending to abide by his obligations under the Non-Prosecution Agreement. AS you know, that agreement requires our Office to lotto= you of potential breaches to give you and your client the opportunity to respond before an indictment is filed. At this t➢me, I do not believe that the agreement has been breached; however, I have sufficient concerns that need to be addressed. Fiat, I understand that private investimuors working for Mr. Epstein have contacted victims to ask them whether any detectives or FBI agents have discussed a financial settlement with them. On one occasion, the private investigators told the parent of a victim that she should get an attorney For her daughter and she should do so tight away. These actions etc troublesome because the FBI agents legally are required to advise the victims of the resolution of the matter, which includes Informing them that, as part of the resolution, that Mr. Epstein has agreed to pay damages in some circumstances. Furthermore, Mr. Epstein well {mows that we are in the proems of selectiog an attorney to represent the victims and, but for the Inordinate amount o£ time spent negotiating the Addendum, that attorney would already have been selected. Paragraph 7 of the Nun-Prosecution Agreement explicitly provides that contact with the victims shall, be through that counsel. Accordingly, please confirm that there will be no further efforts to contact any victims until Judge Davis selects the attorney representative and that, thereafter, contact will be made onlythrough that counsel. Second, the Non-Prosecution Agreement requires Mr. Epstein to use his best efforts to enter his guilty plea and to be sentenced not later than October 26. 2007. Despite this obligation. the Office agreed that Mr. Epstein could postpone this deadline to November, but reiterated that Mr. U S t y_Co 0 0 2 4 4 EFTA00235570
11/08,07 MON 10100 PAX 304 330 6440 EN:eon:Ice OFFICE a 003/003 0003 JAY P. I.Evitowra., Esq. Novi:maga S, 2007 PACs 2 of 2 Epstein had to begin his term of incarceration not later than January:, 2008. I have loaned that the November hearing has been removed from the calendar and the next case disposition conference; has not been sot until January 7, 2008. This delay is unacceptable, and, pursuant to your obligadons, the Office requests that you confer with the State Attorney's Office to try to find a date In November when the judge is available toconduct a simultaneous plea and sentencingc. If you cannot find such a date. please provide documentation of your efforts to abide by the tams of tbc Non-Prosecution Agreement. Third, thew have been severe' press reports that Mr. Epstein no longer intends to enter a guiltyplea. Normally I would nut pay any attention to such reports, but your recent correspondence attempting to restrict our Office from communicating with the State Attorney's Office and the allusion to the imposition of sentences that clearly fall outside the terms of the Non-Proseetttion Agreement raises concern. Please confirm that Mr. Epstein intends to abide by his agreement to plead guilty to the specified charges and to make a binding recommendation that the Court impose a sentence of 18 months of continuous confinement in the county jail. I finally, thelcon-ProsocationAgreementrequires that you providnthe Office with copies of all proposed agreements with the State Attorney's Office before Mr. Epstein signs any such agreements. To date, no such agreements have been received. Please provide inn with copies of any and all agrcemords with the State Attorney's Office for our review. Tho Office also would like to have someone present at the change ofplea and sentencingto monitorMr. Epstein's compliance with the wane of the Non-Prosecution Agreement, so please keep me informed of the date, time, and location of the hearing. Please provide me with a written response, adopted by Mr. Epstein, addressing these concerns and reiterating Mr. Epstein's intention to comply with the terms of the Non•Prosecution Agreement by November• 8, 2007. Ey: cc: R. Alexander Acosta, U.S. Attorney AUSA A. Mark Villafitile Sincerely, R. Alexander Acosta United Statesiyorney Jeffrey omen First Assistant United States Attorney US_Atty_Cor_00245 EFTA00235571










