Watt Alex (USAFLSr <AlexAcostaeusdoi.g ow. 1121200711:44 AM To "Jay Lefkowite <[email protected]> cc bcc Subject RE: I'm on my way to a mtg outside the office. Unlikely to be before 3pm. That said, III/ is around if you want to talk with him re the 2255. -----Original Message From: Jay Letkowitz Sent: Wednesday, November 21, 2007 11:38 AM To: Acosta, Alex (USAFLS) Subject: 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_00251 EFTA00235577

11/21/2007 02A8 PM Sure To [email protected]> ee bee Subject Re•. Sent from my BlackSerry Wireless Handheld Original Message From: Jay Lefkowitz To: Sloman, (USA Sent: Wed Nov 2 14:47:24 2007 A****** ******** #4.14.***Atke*www****** ************** **** 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_00252 EFTA00235578

Sure Jay LelltowIWNew York/Kiddand-Etas 11/26/2007 1214 PM "Sloman. ■ (USAFLS)" IMMINIME> "Stoma:, usdol.gov> 11/21/2007 02:48 PM To "Sloman.Ill (USAR_Sr cc bcc Subject Re:2 To <Jlefkowii7gpkirklanicom> cc Subject Re: Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Sloman, (USAFLS) Sent: Wed Nov 21 14:47:24 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 6 Ellis LLP or Kirkland 4 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited US_Atty_Cor_00253 EFTA00235579

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_00254 EFTA00235580

ams 11/27/2O07 01:55 PM 7 1. To 'Jay LelkowItz",<[email protected] cc "Acosta. Alex (USAFLS)" <AlexAcostae bce Subplot Epstein 7.111:1,71MTPT..Wirw NliSlageivzto-4;aii'5W " "'A Jay, Please accept my apologies for not getting back to you sooner but I was a little under the weather yesterday. I hope that you enjoyed your Thanksgiving. Regarding the issue of due diligence concerning Judge Davis' selection, I'd like to make a few observations. First, Guy Lewis has known for some time that Judge Davis was making reasonable efforts to sect= Aaron Podhurst and Bob Josephsberg for this assignment In fact, when I told you of Judge Davis's selection during our meeting last Wednesday, November 21", you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers tuarly the entire Epstein defense team including Guy Lewis, Lill.. Sanchez, Roy Black, and, apparently, Professor Dershowitz who said he knew Mr. Josephsberg from law school. Second, Podhurst and Josephsberg have long-standing stellar reputations for their legal acumen and ethics. It's hard for me to imagine how much more vetting needs to be done. The United States has a statutory obligation (Justice for All Act of 2004) to notify the victims of the anticipated upcoming events and their rights associated with the agreement entered into by the United States and Mr. Epstein in a timely fashion. Tomorrow will make one full week since you were formally notified of the selection. I must insist that the vetting process come to an end. Therefore, unless you provide me with a good faith objection to Judge Davis's selection by COB tomorrow, November 28, 2007,1 will authorize the notification of the victims. Should you give me the go-ahead on Podhurst and Josephsberg selection by COB tomorrow, I will simultaneously send you a draft of the letter. I intend to notify the victims by letter after COB Thursday, November 29*. Thanks, S US_Atty_Cor_00255 EFTA00235581

O1113410MPM 11/28/2007 04:46 PM NW": 1-••• • To 'Jay LefkowItz" < cc "Slornan, il(USAFLS)* AMMO! "Acosta, Alex (LISAPLS)- <[email protected] bcc Subject Epstein: Victim Notification Leifer If+ '904°Safi Dear Jay: tasked that I forward the victim notification letter to you. It is attached. Thank you. <<Victim Notification Ltr pdf, •> Assistant U.S. Attorney West Palm Beach, FL 33401 «.< Attarcliffig e archived 'CornmonStoretIVKIrkiend-Ellis' on '0 /30/2008 00;30:02'. >>> US_Atty_Cor_00256 EFTA00235582

fZ k U.S. Department of Justice DELIVERY BY HAND Miss United States Attorney Southern District of Florida 500 South Australtan 4w., Sulk 400 Wan Palm Bath, FL 33401 (561)820-8711 fl ab: fie: (561) 820-8777 November 29, 2007 Re: CrimeittetHins' Rights— Notification of Resolution of Epstein InveS.tigatt Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act «2004 and other federal legislation, including: (I) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered ifyou arepresent for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the cam. (6) The right to fill and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fhimen and with respect for the victim's dignity and privacy. I am writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. First, Mr. Epstein agrees that he Will plead guilty totwo state offenses, including the offense of soliciting minors to engage in prostitution, whichwill require him lo register as a sexual predator for the remainder of his life. US_Atty_Cor_00257 EFTA00235583

Mess NOVa4RER 29,2007 PAGE 2 Second, Mr. Epstein has agreed to Make a binding recommendation of 18 months' imprisonment to the state court Judge who sentences bim. Mr. Epstein will serve that sentence of imprisonment at the PalmBeach County Jail. Third, Mr. Epstein has agreed that he will not contest jurisdiction or liability if you elect to seek damages from him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors read the use of facilities of interstate commerce to induce minors to engage in prostitution. To assist you in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to select attorneys to represent you. Those attorneys axe Aaron Podhurst and Robert ("Bob") Josefsberg with the law finis of Podhurst Orseck, PA. They can be reached at (305) 358-2800. I anticipate that someone from their law firm will be contacting yon shortly. I must also advise you fig you are not obligated to use these attorneys. In Act you have the absolute right to select vela pwn attorney. so you can decide not to speak with Masts. Podhurst/ Yosoftheig at all. or you tin speak with them and decide at any time to use a different attorney If you do decide to seek damages Gom Mr.Epstein and you decide to use Messrs. Podburstllosefsberg as your attorneya, Mr. Epstein will be responsible for paying attorney's fees incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefitberg can discuss bow best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14,2007, at a.m., beforeJudgeSraira IC McSorley, inConrtmom 11F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143(1), you are entitled to be present and to make a statement under oath. If you choose, you can submit a written statement under oath, which will be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any ham), including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following krfurataticm: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers US_Atty_Cor_00258 EFTA00235584

Miss NOvEMBER29.2007 Pam 3 4. Your e-mail address 5. A notation of whether you would lace to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this orient, Your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investlgatiobiliou hav questions or concerns, please do not hesitate to contact me or Special Agent at (561) 8224946. Sincerely, R. Alexander Acosta United States Attorney Br Assistant United States Attorney cc: Special Agent KnyrIcendall, Ms. Clearetha Wright, Victim-Witnoss Coordhtator, U.S. Attorney's Office US_Atty_Cor_00259 EFTA00235585

US. Department of Justice United States Attorney Southern District of Florida 500 South AustralianAve., Suite 400 West Palm Beach. FL 33401 (561)8204711 Facsimile: (561) 8204777 November 29, 2007 DELIVERY BY HAND Miss Re: Dear Miss Several months ago, I provided you with a letter notifying you of your rights as a victim pursuant to the Justice for All Act of 2004 and other federal legislation, including: (1) The right to be reasonably protected from the accused. (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused. (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding. (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing. (5) The reasonable right to confer with the attorney for the United States in the case. (6) The right to full and timely restitution as provided in law. (7) The right to proceedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. I ant writing to inform you that the federal investigation of Jeffrey Epstein has been completed, and Mr. Epstein and the U.S. Attorney's Office have reached an agreement containing the following terms. First, Mr. Epstein agrees that he will plead guilty to two state offenses, including the offense of soliciting minors to engage in prostitution, which will require him to register as a sexual predator for the remainder of his life. US_Atty_Cor_00260 EFTA00235586

MISS NOVEMBER 29,2007 PAGE 2 Second, Mr. Epstein has agreed to make a binding recommendation of 18 months' imprisonment to the state court judge who sentences him. Mr. Epstein will serve that sentence of imprisonment at the Palm Beach County Jail. Third, Mr. Epstein has agreed that he will not contest jurisdiction or liability if you elect to seek damages from him because the United States has identified you as a minor victim of certain federal offenses, including travel in interstate commerce to engage in prostitution with minors and the use of facilities of interstate commerce to induce minors to engage in prostitution. To assist you in making such a claim, the U.S. Attorney's Office has asked an independent Special Master to select attorneys to represent you. Those attorneys are Aaron Podhurst and Robert ("Bob") Josefsberg with the law firm of Podhurst Orseck, P.A. They can be reached at (305) 358-2800. I anticipate that someone from their law firm will be contacting you shortly. J must also advise vott that you are not oblieated to use these anonnevs. Infect. you have the absolute richt to select your own attorney. so you can decide notto speak with Mssrs. Podhurst/ Josefsbersr at all. or you cap speak with them and decide at any time to use a different attorney, If you do decide to seek damages from Mr. Epstein and you decide to use Messrs. Podhurst / Josefsberg as your attorneys, Mr. Epstein will be responsible for paying attorney's fees incurred during the time spent trying to negotiate a settlement. If you are unable to reach a settlement with Mr. Epstein, you and Mr. Josefsberg can discuss how best to proceed. As I mentioned above, as part of the resolution of the federal investigation, Mr. Epstein has agreed to plead guilty to state charges. Mr. Epstein's change of plea and sentencing will occur on December 14, 2007, at a.m., before Judge Sandra K. McSorley, in Courtroom 1 I F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant to Florida Statutes Sections 960.001(1)(k) and 921.143(1), you are entitled to be present and to make a statement under oath. If you choose, you can submit a written statement under oath, which will be filed by the State Attorney's Office on your behalf. If you elect to prepare a written statement, it should address the following: the facts of the case and the extent of any harm, including social, psychological, or physical harm, financial losses, loss of earnings directly or indirectly resulting from the crime for which the defendant is being sentenced, and any matter relevant to an appropriate disposition and sentence. Fl. Stat. 921.143(2). You also are entitled to notification when Mr. Epstein is released from imprisonment at the end of his prison term and/or if he is allowed to participate in a work release program. To receive such notification, please provide the State Attorney's Office with the following information: 1. Your name 2. Your address 3. Your home, work, and/or cell phone numbers US_Atty_Cor_00261 EFTA00235587

MISS NOVESS3ER 29, 2007 PAGB 3 4. Your e-mail addresi 5. A notation of whether you would like to participate in the "VINE system," which provides automated notification calls any time an inmate is moved. (To use this system, your calls must go to you directly, not through a switchboard.) Thank you for all of your help during the course of the investigatioilou have an questions or concerns, please do not hesitate to contact me or Special Agent at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: sistant nit totes Attorney cc: Special Agent F.B.I. Ms. Clearetha n t, al istitess Coordinator, U.S. Attorney's Office US_Atty_Cor_00262 EFTA00235588

YI atIltdoj.gov, 11/29/2007 06:30 PM To 'Jay Lofkowltz• <[email protected]> cc bcc Subject RE: Epstein: Victim Notification Letter HI Jay — The only attachment is my letter, did I miss something? Thanks. arsimmillellmas as I/2%1.1y Lett " 4.1Lefkowftzaltirkland.cram, sr .goo, •Acosta, Nex (USAFL8)- 11728/2007 04:48 PM <Alexaoostagusdolgov> SuEpstein: Victim Natific44ion Letter act ct Dear Jay: masked that T forward the victim notification letter to you. It is attached. Thank you. <Wictim Notification Lttpdt>> Assistant U.S. Attorney US_Atty_Cor_00263 EFTA00235589

West Palm Beach, FL 33401 The information contained in this commun., ioation is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use ofm the addressee. It is the property of Kirkland 6 Ellis LLP or Kirkla- nd 6 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 = postmasterOkirkland.com, and destroy this communication and all copiece s thereof, including all attachments. **** ***** * ********* ******.o. a US_Atty_Cor_00264 EFTA00235590

To "Jay Lefirowitz" <JLeiltowttzeptdridand.coi cc 1.110v> bcc 12/10/2007 04:43 PM Subject Meeting on Friday with Ken Start Hi Jay - Will you be attending the meeting on Friday? Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_00265 EFTA00235591

'Merle C. 1.90n 12/13/200710:03 AM To < cc " (USAFLS)" <KerenAtkis en, LS)' < "Acosta. A ex (USAFLS)" <1.c.gos a bcc SubOct Correspondence Dear Jay: Please review the enclosed. I look forward to seeing you tomorrow. «071213 a Ltr to Lefkowitz finaipdf'> Assistant U.S. Attorney West Palm Beach, FL 33401 071213 Viafana Ltr to Lefkabitz rmat pdf US_Atty_Cor_00266 EFTA00235592

a U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. • Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 500 S. Australian Ave, Ste 400 West Palm Beach FL 33401 (561) 8204711 Facsimile: (561) 820-8777 December 13, 2007 I am writing not to respond to your asserted "policy concerns" regarding Mr. Epstein's Non- Prosecution Agreement, which will be addressed by the United States Attorney, but the time has come for me to respond to the ever-increasing attacks on my role in the investigation and negotiations. It is an understatement to say that I am surprised by your allegations regarding my role because I thought that we had worked very well together in resolving this dispute. I also am surprised because I feel that I bent over backwards to keep in mind the effect that the agreement would have on Mr. Epstein and to make sure that you (and he) understood the repercussions of the agreement. For example, I brought to your attention that one potential plea could result in no gain time for your client; I corrected one of your calculations of the Sentencing Guidelines that would have resulted in Mr. Epstein spending far more time in prison than you projected; I contacted the Bureau of Prisons to see whether Mr. Epstein would be eligible for the prison camp that you desired; and I told you my suspicions about the source of the press "leak" and suggested ways to avoid the press. Importantly, I continued to work with you in a professional manner even after] learned that you had been proceeding in bad faith for several weeks — thinking that I had incorrectly concluded that solicitation of minors to engage in prostitution was a registrable offense and that you would "fool" our Office into letting Mr. Epstein plead to a non-registrable offense. Even now, when it is clear that neither you nor your client ever intended to abide by the terms of the agreement that he signed, I have never alleged misconduct on your part. The first allegation that you raise is that I "assiduously" hid from you the fact that Bert Ocariz is a friend of my boyfriend and that I have a "longstanding relationship" with Mr. Ocariz. US_Atty_Cor_00267 EFTA00235593

JAY P. LEFKOWITZ, ESQ. DECEMBER 13,2007 PAGE 2 OF 5 I informed you that I selected Mr. Ocariz because he was a friend and classmate of two people whom I respected, and that I had never met or spoken with Mr. Ocariz prior to contacting him about this case. All of those facts are true. I still have never met Mr. Ocariz, and, at the time that he and I spoke about this case, he did not know about my relationship with his friend. You suggest that I should have explicitly informed you that one of the referrals came from my "boyfriend" rather than simply a "friend," which is the term I used, but it is not my nature to discuss my personal relationships with opposing counsel. Your attacks on me and on the victims establish why I wanted to find someone whom I could trust with safeguarding the victims' best interests in the face of intense pressure from an unlimited number of highly skilled and well paid attorneys. Mr. Ocariz was that person. One of your letters suggests a business relationship between Mr. Ocariz and my boyfriend. This is patently untrue and neither my boyfriend nor I would have received any financial benefit from Mr. Ocariz's appointment. Furthermore, after Mr. Ocariz teamed more about Mr. Epstein's actions (as described below), he expressed a willingness to handle the case pro bono, with no financial benefit even to himself. Furthermore, you were given several other options to choose from, including the Podhurst firm, which was later selected by Judge Davis. You rejected those other options. You also allege that I improperly. disclosed information about the case to Mr. Ocariz. provided Mr. Ocariz with a bare bones summary of the agreement's terms related to his appointment to help him decide whether the case was something he and his firm would be willing to undertake. I did not provide Mr. Ocariz with facts related to the investigation because they were confidential and instead recommended that he "Google" Mr. Epstein's name for background information. When Mr. Ocariz asked for additional information to assist his firm in addressing conflicts issues, I forwarded those questions to you, and you raised objections for the first time. I did not share any further information about Mr. Epstein or the case. Since Mr. Ocariz had been told that you concurred in his selection, out of professional courtesy, I informed Mr. Ocariz of the Office's decision to use a Special Master to make the selection and told him that the Office had made contact with Judge Davis. We have had no further contact since then and I have never had contact with Judge Davis. I understand from you that Mr. Ocariz contacted Judge Davis. You criticize his decision to do so, yet you feel that you and your co-counsel were entitled to contact Judge Davis to try to "lobby" him to select someone to your liking, despite the fact that the Non-Prosecution Agreement vested the Office with the exclusive right to select the attorney representative. Another reason for my surprise about your allegations regarding misconduct related to the Section 2255 litigation is your earlier desire to have me perform the role of "facilitator" to convince the victims that the lawyer representative was selected by the Office to represent their interests alone and that the out-of-court settlement of their claims was in their best interests. You now state that doing the same things that you had asked me to do earlier is improper meddling in civil litigation. Much of your letter reiterates the challenges to Detective Recarey's investigation that have US_Atty_Cor_00268 EFTA00235594

JAY P. LEFKOWITZ, ESQ. DECEMBER 13,2007 PAGE 3 OF 5 already been submitted to the Office on several occasions and you suggest that I have kept that information from those who reviewed the proposed indictment package. Contrary to your suggestion, those submissions were attached to and incorporated in the proposed indictment package, so your suggestion that I tried to hide something from the reviewers is false. I also take issue with the duplicity of stating that we must accept as true those parts of the Recarey reports and witness statements that you like and we must accept as false those parts that you do not like. You and your co-counsel also impressed upon me from the beginning the need to undertake an independent investigation. It seems inappropriate now to complain because our independent investigation uncovered facts that are unfavorable to your client. You complain that I "forced" your client and the State Attorney's Office to proceed on charges that they do not believe in, yet you do not want our Office to inform the State Attorney's Office of facts that support the additional charge nor do you want any of the victims of that charge to contact Ms.Belohlavek or the Court. Ms. B elohlavek's opinion may change if she knows the full scope of your client's actions: You and I spent several weeks trying to identify and put together a plea to federal charges that your client was willing to accept. Yet your letter now accuses me of "manufacturing" charges of obstruction of justice, making obscene phone calls, and violating child privacy laws. When Mr. Lourie told you that those charges would "embarrass the Office," he meant that the Office was unwilling to bend the facts to satisfy Mr. Epstein's desired prison sentence — a statement with which I agree. I hope that you understand how your accusations that I imposed "ultimatums" and "forced" you and your client to agree to unconscionable contract terms cannot square with the true facts of this case. As explained in letters from Messrs. Acosta and Sloman, the indictment was postponed for more than five months to allow you and Mr. Epstein's other attorneys to make presentations to the Office to convince the Office not to prosecute. Those presentations were unsuccessful. As you mention in your letter, I—a simple line AUSA —handled the primary negotiations for the Office, and conducted those negotiations with you, Ms. Sanchez, Mr. Lewis, and a host of other highly skilled and experienced practitioners. As You put it, your group has a "combined 250 years experience" to my fourteen. The agreement itself was signed by Mr. Epstein, Ms. Sanchez, and Mr. Lefcourt, whose experience speaks for itself. You and I spent hours negotiating the terms, including when to use "a" versus "the" and other minutiae. When you and I could not reach agreement, you repeatedly went over my head, involving Messrs. Lourie, Menchel, Sloman, and Acosta in the negotiations at various times. In any and all plea negotiations the defendant understands that his options are to plead or to continue with the investigation and proceed to trial. Those were the same options that were proposed to Mr. Epstein, and they are not "persecution or intimidation tactics." Mr. Epstein chose to sign the agreement with the advice of a multitude of extremely noteworthy counsel. You also make much of the fact that the names of the victims were not released to Mr. Epstein prior to signing the Agreement. You never asked for such a term. During an earlier meeting, where Mr. Black was present, he raised the concern that you now voice. Mr. Black and I did not have a chance to discuss the issue, but I had already conceived of a way to resolve that US_Atty_Cor_00269 EFTA00235595

JAY P. LEFKOWTIZ, ESQ. DECEIvEBER 13, 2007 PAGE 4 OF 5 issue if it were raised during negotiations. As I stated, it was not, leading me to believe that it was not a matter of concern to the defense. Since the signing of the Non-Prosecution Agreement, the agents and I have vetted the list of victims more than once. In one instance, we decided to remove a name because, although the minor victim was touched inappropriately by Mr. Epstein, we decided that the link to a payment was insufficient to call it "prostitution." I have always remained open to a challenge to the list, so your suggestion that Mr. Epstein was forced to write a blank check is simply unfounded. Your last set of allegations relates to the investigation of the matter. For instance, you claim that some of the victims were informed of their right to collect damages prior to a thorough investigation of their allegations against Mr. Epstein. This also is false. None of the victims was informed of the right to sue under Section 2255 prior to the investigation of the claims. Three victims were notified shortly after the signing of the Non-Prosecution Agreement of the general terms of that Agreement. You raised objections to any victim notification, and no further notifications were done. Throughout this process you have seen that I have prepared this case as though it would proceed to trial. Notifying the witnesses of the possibility of damages claims prior to concluding the matter by plea or trial would only undermine my case. If my reassurances are insufficient, the fact that not a single victim has threatened to sue Mr. Epstein should assure you of the integrity of the investigation.' 'There are numerous other unfounded allegations in your letter about document demands, the money laundering investigation, contactingpotential witnesses, speaking with the press, and the like. For the most part, these allegations have been raised and disproven earlier and need not be readdressed. However, with respect to the subpoena served upon the private investigator, contrary to your assertion, and as your co-counsel has already been told, I did consult with the Justice Department prior to issuing the subpoena and I was told that because I was not subpoenaing an attorney's office or an office physically located within an attorney's office, and because the business did private investigation work for individuals (rather than working exclusively for Mr. Black), I could issue a grand jury subpoena in the normal course, which is what I did. I also did not "threaten" the State Attorney's Office with a grand jury subpoena, as the correspondence with their grand jury coordinator makes perfectly clear. With regard to your allegation of my filing the Palm Beach Police Department's probable cause affidavit "with the court knowing that the public could access it," I do not know to what you are lefetYingTatiticurneliffrWrata 16 the grata jtuy inve'stigatiiori have aeiffilerunder seal, aid the Palm Beach Police Department's probable cause affidavit has never been filed with the Court. If, in fact, you are referring to the Ex Parte Declaration of Joseph Recarey that was filed in response to the motion to quash the grand jury subpoena, it was filed both under seal and ex parte, so no one should have access to it except the Court and myself. Those documents are still in the Court file only because you have violated one of the terms of the Agreement by failing to "withdraw (Epstein's] pending motion to intervene and to quash certain grand jury subpoenas." US_Atty_Cor_00270 EFTA00235596

JAY P. LEFROWITZ, ESQ. DECEMBER 13, 2007 PAGE 5 ot, 5 With respect tcall I contacted her attorney — who was paid for by Mr. Epstein and was directed by counsel for Mr. Epstein to demand immunity — and asked only whether he gill represented...md if he wanted me to send the victim notification letter to him. He asked what the letter would say and I told him that the letter would be forthcoming in about a week and that I could not provide him with the terms. With respect wastatus as a victim, you again want us to accept as true onl fac that are beneficial to your client and to reject as false anything detrimental to him. rnade a number of statements that are contradicted by documentary evidence and a review of her recorded statement shows her lack of credibility with respect to a number of statements. Based upon all of the evidence collecte is classified as a victim as defined by statute. Of course, that does not mean tha considers herself a victim or that she would seek damages from Mr. Epstein. I believe a number of the identified victims will not seek damages, but that does not negate their legal status as victims. I hope that you now understand that your accusations against myself and the agents are unfounded. In the future, I recommend that you address your accusations to me so that I can correct any misunderstandings before you make false allegations to others in the Department. I hope that we can move forward with a professional resolution of this matter, whether that be by your client's adherence to the contract that he signed, or by virtue of a trial. Sincerely, R. Alexander Acosta United States Attorney By: i a Assistant United States Attorney cc: It. Alexander Acosta, U.S. Attorney Jeffrey Sloman, First Assistant U.S. Attorney You also accuse me of "broaden[ing] the scope of the investigation without any foundation for doing so by adding charges of money laundering and violations of a money transmitting business to the investigation." Again, I consulted with the Justice Department's Money Laundering Section about my analysis before expanding that scope. The duty attorney agreed with my analysis. US_Atty_Cor_00271 EFTA00235597

12/10,07 veo 17:03 FAXJ05 330 6440 SXECUTIVB OFFICE U.S. Department of Justice United States Attorney Southern District of Florida A AuxUWER ACOSTA OVIT0DST4TE3firrOreigi, DMZ& Y By FACSII4X-4 Lillynni Sanchez Fowler White BMW, PA 1395 Brickell Ave, 14° Float Miami, FL 33 I 31 Re: Jeff rein Dear Ms. Sanchez: Alt tit 4 Sinn ,Matt Ft. 33132 005)961.9100 - Totophm 003)3304FM - florsPago December 19, 2007 I write to follow up on the December 14th meeting between defense counsel and the Epstein prosecutors, as well as our First Assistant, the Miami FM Special Agent in Charge and myself.' f write to you because 1am not certain who among the defense team is the appropriate recipient of this letter. 1 address issues raised by several members of the defense team, and would thus ask that you please provide a copy of this letter to all appropriate defense team numbers. First, I would like to address the Section 2255 issue .2 As I stated in my December 4* letter, my understanding is that the lgon-Prosecution Agreement entered into between this Office and Mr. Epsteinresponds to Mr. Epstein's &skew reach a global resolution of his state and federal criminal liability. tinder this Agreement, tbis District has agreed to defer prosecution forentanerauxlsections 3 over the past two weeks, we have received several hundred pages of assonants and tabiblis from defense counsel. This is not the forum to respond to the several hats raised. attd our silence should not te interpret as agseelneoli I would, however. like to address one Issue. Your December lit" letter mutts that as a result of defense emend objections to at appointment mecca, the USA° proposed an addendum to the Agreartern to provide tin dm use of imkpendcm third patty selector. M I tomil this matter, before I had any knowledge of defense counsel objections, I rue spa* proposed the AddenduM to Mr. Lelkowitz at an October manias in Palm Beach. I did this in an anempt to avoid what I foresaw would likely be 3 litigious selection placate It was nnly after ) proposal this clump that Mr. beficoveltz raised with melt enumerated concerts. Sealers 2355 provides that: "lalny person who, while a minor, was a victin of a violation of [enumerated sections of Title In end who suffers personalNue) as a result of such violation tray sue in any appropriate United States Diurict Court and shall recover the actual damages such person suttatng and the cost of the suit, including a reasonable attorney's fee- 002 US_Atty_Cor_00272 EFTA00235598

12/19/07 in 17:03 FAX 305 530 8440 etuctrrIva CIVICS of Title IS in favor of prosecution by the State of Florida, provided that the Mr. Epstein satisfies three general federal interests: (1) that Mr. Epstein plead guilty to a "registerable" state offense; (2) that this state plea include a binding recommendation Ma sufficient term of imprisonment; and (3) that the Agreement not harm the interests of his victims. With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement, As l previously observed, our intent has been to place tine victims in the same position as they would have been had Mr. Epsteinbeen Convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the Intent, During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as i wrote previously, appear for from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple titration, I would replace Paragraphs 7 and 8 with the following language: "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United Slates Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have bad, if Mr. Epstein been tried federally and convicted of an tuntrnerated offense. For purposes of implementing this paragraph, the United Stain shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an 'Indictment as victims of au enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, includingany authority detennining which evidentiary burdens if any a plaintiff must meet, shell 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 mom; no lesa" Second, I would like to address the issue of victim's rights pursuant to Section 3771. i understand that the defense objects to the victims being given notice of time and place of Mr. Epstein's state court sentencing hearing. I have reviewed the proposed victim notification letter and the statute. I would note that the United States provided the draft letter to defense as a courtesy. in addition, f:Irst Assistant United States Attorney Sloman already incorporated in the letter several edits that had been guested by defense counsel. I agree that Section 3771 applies to notice of proceedings and results of investigations of federal cantos as opposed to the state crime. We intend to provide victims with notice of the federal resolution, as required by law. We will defer to the discretion of the State Attorney regarding whether be wishes to provide victims with notice of the state proceedings, although we will provide him with the information necessary to do so if he wishes. Third, I would like to address the issue raised regarding Florida Statute Section 796.03. At our meeting, Professor Dershowite took the position that Mr. Epstein believes that his conduct does not satisfy the elements of this offense. His assertion raises for me substantial concerns. This Off= will not, and cannot, be a party to an agreement in which, Mr. Lipstein pleads guilty to an offense that he believes he did not commit. We are considering how best to proceed. 2 X1003 US_Atty_Cor_00273 EFTA00235599

12/10/07 TED 17:04 FAX 305 530 8440 EXECUTIVE OFFICE Finally, I would like to address a more general point. Our Agreement was first signed on September 201,2007. Pursuant to paragraph 11,1*. Epstein was to use illsbestefforts to enter his guilty plea and be sentenced no later than October 26,2007. As outlined in correspondence between our prosecutors and defense counsel, this deadline came and went. Our prosecutors reiterated in defense counsel several times their concerns regarding delays, and in fact, asked me several vaxlcs ago to declare the Agreement in breach because of those delays I resisted that invitation. I share this fact because it is background to my frustration with what appears to be an 1 la hour appeal. weeks before the now scheduled January 4th plea date. This said, the issues raised are important and must be fully vetted irrespective of timeliness concerns. We hope to preserve the January 4a data I understand that defense counsel shares our desire not to move that appearance and will work with our office to expedite this process over the next several days. With this in mind, and in the event that defense counsel may wish to seek review of our determinations in Washington D.C., I spoke this past Monday with the Assistant Attorney General Fisher, to Inform her of a possible appeal, to ask her to grant the potential request for review, and to In fret review this case In an copedited manner to attempt to preserve the January ea pleadate. I want to again reiterate that it is not the intention of this Office ever to force the hand of a defendant to enter into an agreementagainst his wishes. Your client has the right to proceed to trial, and he should do so If he believes that he did not commit the elements of the charged offense. I will respond to the pending issues shortly. In the interim, I would ask that you communicate your position with respect to the sections 2255 and 3371 issues as quickly as possible. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY cc: Alice Fisher, Assistant Attorney General JeTheyelicirst Assistant U.S. Attorney AUSA lillafafia 3 e004 US_Atty_Cor_00274 EFTA00235600

"Acosta. Alex (USAFLS)' To <[email protected]> <AJexAcosta@u sdoj.gov, bcc 12/20/2007 02:19 Subject Re: Important PM If you do prefer to talk, 10 to noon, or 2 to 3 would work. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: '[email protected]' Sloman, (USAFLS) Sir irel t 2007 Subject: Re: Important Sure. Not a problem. We can also talk by phone if that's easier. Sent from my BlackBerry Wireless Handheld Original Messag From: Jay Lefkowitz To: Acosta, Alex (USAFLS Sent: Thu Dec 20 13:37:33 2007 Subject: Important ******* ***** ** ************** *********** ***** * ********* 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 addr . It is the property of Kirkland G Ellis LLP or Kirkland 6 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 US_Atty_Cor_00275 EFTA00235601

communication in error, please notify us immediately by return e-mail or by e-mail to postmastergkirkland.com, and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00276 EFTA00235602