Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, September 19, 2007 4:33 PM To: Lourie, Andrew; Garcia, Rolando (USAFLS) Cc: Atkinson, Karen (USAFLS) Subject: RE: Draft Plea Agreement Importance: High Andy and Rolando -- This is my proposed response (below). I know that you keep saying he is going to plead, and he will plead if we cave on everything, but I really do not think that Mr. Epstein is going to engage in serious negotiations until he sees the Indictment and shows up in mag court (preferably in flip- flops). In reviewing the indictment package, if you would like to maintain flexibility for the future, we could indict Mr. Epstein just on Count 1 (the conspiracy charge), and, if he won't plead to 5 years at that time, supersede with the remaining counts and just go to trial. But we gave them an initial deadline of early August with the 24-month sentence. We are now seven weeks later and we are just spinning our wheels. Jay -- The same problems that I e-mailed you about on Sunday and discussed yesterday with you and Rolando and that you discussed with Andy are still in here. Paragraphs 4, 7, 8, 9, and 11 have specifically been discussed and rejected. Paragraphs 17 through 19 have been addressed in paragraph 2 and will not be repeated. You have removed our paragraphs 4 (regarding the application of the Sentencing Guidelines) and 18 (appeal waiver) both of which are specifically required by the Office's Appellate Division. You have replaced Mr. Epstein's plea to a registrable offense, to one that does not require registration, and you have again delayed the plea until after Mr. Epstein completes his federal prison sentence. Rolando and I specifically told you that was unacceptable, and Barry Krischer also has informed us that he will not keep his case open for that period. You also have inserted that this is a Rule 11(c)(1)(C) plea, which binds the judge, which you know we have specifically rejected. There are other, smaller, changes that the Office probably cannot agree to, but the bigger issues are these. If you or your client insists on these, there can be no plea agreement. A. Marie Villafaha Assistant U.S. Attorney 561 209-1047 Original Message From: Jay Lefkowitz [mailto:[email protected]] Sent: Wednesday, September 19, 2007 3:44 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Fw: Draft Plea Agreement 3091 EFTA00191184

Confidential For settlement purposes only Marie - I wanted to get this to you before I took off for nyc. I am landing at 7 and would like to speak shortly thereafter. I am still considering which of the options you suggested Sunday. In this email, I am sending you a redline of your federal resolution. I am also working on a deferred prosecution agreement because it may well be that we cannot reach agreement here. I don't think there are that many issues left open, although clearly we still need to have further discussions. I also like your suggestion from Sunday that we consider a C plea. I know that Alex would have to sign off on it and that he has not done so as of now. Regarding my schedule, I am available tonight to speak, all afternoon tomorrow (I am in fed court in nyc on another criminal matter tomorrow am), and then all day Friday. I will plan on seeing you Monday. I am confident that one of the approaches we have discussed will work out. Jay Original Message From: )ay Lefkowitz Sent: 09/19/2007 03:35 PM EDT To: )ay Lefkowitz Subject: Draft Plea Agreement (See attached file: 9.19.07 Draft Plea Agreement (Clean).doc) (See attached file: 9.19.07 Draft Plea Agreement (Redlined).doc) ###*#*####******************#34c*got###*###****************## 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 postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. *************###t##*##*******###*#***************M4c#***** Tracking: 3042 EFTA00191185

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE #1 and JANE DOE #2, Petitioners. vs. UNITED STATES OF AMERICA, Respondents. / UNITED STATES OF AMERICA'S RESPONSE TO PE i i i LONERS' REQUEST FOR PRODUCTION Respondent United States of America, in response to petitioners' Request for Production, submits the following: Request for Production No. 1: (a) (b) (c) FBI Case File on the Epstein case (P). (d) Prosecution Memorandum, "Operation Leap Year," May 1, 2007 (82 pages), Author: A. Marie Villafana. Addressees: R. Alexander Acosta, United States Attorney; Jeff Sloman, First Assistant U.S. Attorney; Matthew Menchel, Chief, Criminal Division; Andrew Lourie; Managing Assistant U.S. Attorney, Northern Region; and Karen Atkinson, Chief, Northern Region. (P). Draft Indictment (54 pages)(P). (e) Draft indictments (P) Request for Production No. 2: (a) Letter to Miss C.W., dated June 7, 2007, RE: Crime Victims' and Witnesses' Rights (2 pages); Author: A. Marie Villafana. Letter to Miss T.M., dated August 11, 2006, RE: Crime Victims' and Witnesses' 1 EFTA00191186

Rights (2 pages); Author: A. Marie Villafana. Letter to C.W., dated January 10, 2008, RE: Case Number (2 pages); Author: Twiller Smith, Victim Specialist, Federal Bureau of Investigation, West Palm Beach, Florida. Letter to James Eisenberg, dated January 10, 2008; RE: , (2 pages); Author: Twiller Smith, Victim Specialist, Federal Bureau of Investigation, West Palm Beach, Florida. Letter to S.R., dated May 30, 2008, RE: , (2 pages); Author: Twiller Smith, Victim Specialist, Federal Bureau of Investigation, West Palm Beach, Florida. Letter to Brad Edwards, Esq., dated July 9, 2008, RE: Jeffrey Epstein/C.W.: Notification of Identified Victim (2 pages); Author: A. Marie Villafana. Letter to Brad Edwards, Esq., dated July 9, 2008, RE: Jeffrey Epstein/S.R.: Notification of Identified Victim (2 pages); Author: A. Marie Villafana. (b) Letter to R. Alexander Acosta, dated October 10, 2007, RE: Jeffrey Epstein (6 pages); Author: Jay P. Lefkowitz, Kirkland & Ellis Letter to R. Alexander Acosta, dated November 29, 2007, RE: Jeffrey Epstein (4 pages), Author: Jay Lefkowitz, Kirkland & Ellis, with attachment of draft Crime Victims' Rights - Notification of Resolution of Epstein Investigation (4 pages), dated November 29, 2007; Author: A. Marie Villafana. Letter to R. Alexander Acosta, dated December 5, 2007, RE: Jeffrey Epstein (2 pages), Author: Kenneth W. Starr and Jay Lefkowitz, Kirkland & Ellis Letter to Jay P. Lefkowitz, Esq., Kirkland & Ellis, dated December 6, 2007, RE: Jeffrey Epstein (4 pages); Author: Jeffrey H. Sloman, First Assistant U.S. Attorney, with attached draft letter RE: Crime Victims' Rights — Notification of Resolution of Epstein Investigation (4 pages); Author: A. Marie Villafana. Letter to R. Alexander Acosta, dated December 11, 2007, RE: Jeffrey Epstein (13 pages), Author: Jay Lefkowitz Letter to Lilly Ann Sanchez, dated December 19, 2007, RE: Jeffrey Epstein (3 Pages) Letter to R. Alexander Acosta, dated December 21, 2007, RE: Jeffrey Epstein (7 pages), Author: Jay Lefkowitz Letter to R. Alexander Acosta, dated December 26, 2007, RE: Jeffrey Epstein (5 2 EFTA00191187

pages), Author: Jay Lefkowitz Request for Production No. 3 (confidentiality provision) Letter to Matthew Menchel, Chief, Criminal Division, U.S. Attorney's Office, dated August 2, 2007, RE: Jeffrey Epstein (3 pages), Author: Lilly Ann Sanchez Letter to Lilly Ann Sanchez, Esq., dated August 3, 2007, RE: Jeffrey Epstein (2 pages), Author: Matthew Menchel E-mail, Marie Villafana to Gerald Lefcourt, dated September 10, 2007 5:23 p.m., RE: Jeffrey Epstein (2 pages with 4 page draft Non-Prosecution Agreement) E-mail, Marie Villafana to Gerald Lefcourt, dated September 11, 2007 2:15 p.m., RE: Revised Agreement re Epstein (2 pages with 4 page draft Non-Prosecution Agreement attached) E-mail, Marie Villafana to Jay Lefkowitz, dated September 12, 2007 3:44 p.m., RE: Jeffrey Epstein (2 pages) E-mail, Jay Lefkowitz to Marie Villafana and Andrew Lourie, dated September 12, 2007 5:55 p.m., RE: Jeffrey Epstein (2 pages) E-mail, Marie Villafana to Jay Letkowitz, dated September 13, 2007 7:27 p.m., RE: no subject (1 page) E-mail, Jay Lefkowitz to Marie Villafana, dated September 13, 2007, 7:35 p.m., RE: no subject (2 pages) E-mail, Jay Lefkowitz to Marie Villafana, dated September 14, 2007 9:40 a.m., RE: Follow up (1 page) E-mail, Marie Villafana to Jay Lefkowitz, dated September 14, 2007 9:54 a.m., RE: Plea documents (1 page with 2 page draft Information, and 7 page draft Plea Agreement, attached) E-mail, Marie Villafana to Jay Lefkowitz, dated September 14, 2007 9:56 a.m., RE: Follow up (2 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated September 17, 2007 11:45 a.m., RE: Non-Prosecution Agreements (I page with 4 page draft Non-Prosecution Agreement attached) E-mail, Marie Villafana to Jay Lefkowitz, dated September 18, 2007 8:44 a.m., RE: Draft Agreements? (I page) E-mail, Jay Lefkowitz to Marie Villafana, dated September 18, 2007 9:18 a.m., RE Draft Agreements? (2 pages) 3 EFTA00191188

E-mail, Jay Lefkowitz to Marie Villafana, dated September 18, 2007 11:09 a.m., RE: Draft Agreements? (2 pages, with 6 page draft Non-Prosecution Agreement) E-mail, Jay Leflcowitz to Marie Villafana, dated September IS, 2007 11:52 a.m., RE: Draft Agreements? (2 pages, with 5 page draft Non-Prosecution Agreement) E-mail, Marie Villafana to Jay Lefkowitz, dated September 18, 2007 12:44 p.m., RE: Draft Agreements? (3 pages) E-mail, Marie Villafana to Jay Lefkowitiz, dated September 18, 2007 1:22 p.m., RE: Draft Agreements? (4 pages, with 9 page draft Plea Agreement) E-mail, Marie Villafana to Jay Lefkowitz, dated September 18, 2007 2:53 p.m., RE: Factual Proffer (1 page) E-mail, Marie Villafana to Jay Lefkowitz, dated September 19, 2007 10:39 a.m. RE: Draft Agreements? (I page) E-mail, Jay Lefkowitz to Marie Villafana, dated September 19, 2007 10:45 a.m., RE: Draft Agreements? (1 page) E-mail, Marie Villafana to Jay Leflcowitiz, dated September 19, 2007 11:18 a.m., RE: Draft Agreements? (1 page) E-mail, Jay Leflcowitz to Marie Villafana, dated September 19, 2007 11:36 a.m., RE: Draft Agreements? (2 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated September 19, 2007 11:46 a.m., RE: Draft Agreements? (3 pages) E-mail, Jay Leflcowitz to Marie Villafana, dated September 19, 2007 3:44 p.m., RE: FW Draft Plea Agreement (1 page, with 12 page draft Plea Agreement) E-mail, Marie Villafana to Jay Leflcowitz, dated September 20, 2007 3:52 p.m., RE: Final version of Plea Agreement — Epstein (2 pages, with 8 page draft Plea Agreement) E-mail, Marie Villafana to Jay Lefkowitz, dated September 20, 2007 3:54 p.m., RE Epstein Plea Agreement (1 page, with 8 page draft Plea Agreement) E-mail, Marie Villafana to Jay Lefkowitz, dated September 20, 2007 5:33 p.m., RE: Final version of Plea Agreement — Epstein (2 pages) E-mail, Jay Lefkowitz to Marie Villafana, dated September 20, 2007 6:12 p.m., RE: Plea Agreement — Epstein (1 page) E-mail, Marie Villafana to Jay Lefkowitz, dated September 20, 2006 6:42 p.m., RE: Plea 4 EFTA00191189

Agreement — Epstein (2 pages) E-mail, Jay Lefkowitz to Marie Villafana, dated September 21, 2007 10:44 a.m., RE: Plea Agreement — Epstein (2 pages, with 4 page draft Non-Prosecution Agreement) E-mail, Marie Villafana to Jay Lefkowitz, dated September 21, 2007 10:57 a.m., RE: Plea Agreement — Epstein (3 pages) E-mail, Barry Krischer, State Attorney to Marie Villafana, dated September 21, 2007 12:03 p.m., RE: Meeting with Epstein's attorneys (1 page) E-mail, Jay Lefkowitz to Marie Villafana, dated September 21, 2007 2:46 p.m., RE: Reminder (1 page, with 1 page Plea in the Circuit Court Form 005 attached) E-mail, Marie Villafana to Jay Lefkowitz, dated September 21, 2007 2:54 p.m., RE: Reminder (2 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated September 21, 2007 2:55 p.m., RE: Immigration Question (1 page) E-mail, Jay Lefkowitz to Alex Acosta, dated September 23, 2007 11:58 a.m., RE: Jeffrey Epstein — confidential (2 pages) E-mail, Jay Lefkowitz to Marie Villafana, dated September 23, 2007 1:42 p.m., No Subject (1 page) E-mail, Ami Sheth, Kirkland & Ellis to Marie Villafana, dated September 23, 2007 1:57 p.m., RE: FW: Draft Agreement (I page with 6 page draft Non-Prosecution Agreement) E-mail, Marie Villafana to Jay Lefdowitz, dated September 23, 2007 4:03 p.m., RE: Draft Agreement (2 pages with 6 page draft Non-Prosecution Agreement attached) E-mail, Alex Acosta to Jay Lefkowitz, dated September 23, 2007 4:31 p.m., RE: (no subject) (2 pages) E-mail, Marie Villafana to Jay Lefkowtiz, dated September 23, 2007 8:01 p.m., RE: Revised agreement (1 page) E-mail, Jay Lefkowitz to Marie Villafana, dated September 23, 2007 8:31 p.m., RE: Fw (1 page with 7 page draft Non-Prosecution Agreement attached) E-mail, Jay Lefkowitiz to Marie Villafana, dated September 23, 2007 8:35 p.m., RE: no subject (1 page) E-mail, Marie Villafana to Jay Lefkowitz, dated September 23, 2007 8:37 p.m., RE: no subject (1 page) 5 EFTA00191190

E-mail, Jay Lefkowitz to Marie Villafana, dated September 23, 2007 8:39 p.m., RE: no subject (2 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated September 23, 2007 8:58 p.m., RE: Epstein Agreement (1 page with 6 page draft Non-Prosecution Agreement attached) E-mail, Jay Letkowitz to Marie Villafana, dated September 24, 2007 7:54 a.m., RE: Epstein (I page) E-mail, Marie Villafana to Jay Letkowitz, dated September 24, 2007 10:14 a.m., RE: Epstein agreement as reviewed by the U.S. Attorney (I page with 6 page draft Non-Prosecution Agreement attached) E-mail, Jay Lefkowitz to Marie Villafana, dated September 24, 2007 11:46 a.m., RE: Epstein agreement as reviewed by the U.S. Attorney (1 page with 6 page Non-Prosecution Agreement, and 8 page Non-Prosecution Agreement, attached) E-mail, Marie Villafana to Jay Lefkowitz, dated September 24, 2007 1:28 p.m., RE: Epstein agreement as reviewed by the U.S. Attorney (3 pages with 7 page draft Non-Prosecution Agreement attached) E-mail, Marie Villafana to Jay Lefkowitz, dated September 24, 2007 2:16 p.m., RE: The final final (1 page with 7 page Non-Prosecution Agreement attached) E-mail, Marie Villafana to Jay Lefkowitz, dated September 24, 2007 4:03 p.m., RE: Do you have a signed copy? (1 page) E-mail, Jay Lefkowitz to Marie Villafana, dated September 24, 2007 4:06 p.m., RE: Do you have a signed copy? (1 page with 9 page Non-Prosecution Agreement attached) E-mail, Marie Villafana to Jay Lefkowitz, dated September 24, 2007 4:32 p.m., RE: Do you have a signed copy? (1 page) Request for Production No. 5 (legal representation of victims) E-mail, Marie Villafana to Jay Lefkowitz, dated September 25, 2007 8:37 p.m., RE: Other attorneys (1 page) E-mail, Marie Villafana to Jay Lefkowitz, dated September 26, 2007 11:01 a.m., RE: Other attorneys (2 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated September 26, 2007 11:49 a.m., RE: One more thing (2 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated September 27, 2007 10:52 a.m., RE Conference Call with Bert Ocariz (1 page) 6 EFTA00191191

E-mail, Jay Leflcowitz to Marie Villafana, dated September 27, 2007 10:57 a.m., RE: Conference call with Bert Ocariz (2 pages) E-mail, Marie Villafana to Jay Lefkowtiz, dated September 27, 2007 11:08 a.m., RE: Conference Call with Bert Ocariz (2 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated September 27, 2007 3:06 p.m., RE: Conference Call with Bert Ocariz (3 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated October 3, 2007 3:15 p.m., RE: no subject (2 pages, with 1 page Special Master Proposal attached) E-mail, Marie Villafana to Jay Lefkowitz, dated October 3, 2007 3:38 p.m., RE: no subject (2 pages) E-mail, Marie Villafana to Jay Lefkowitz, dated October 3, 2007 4:23 p.m., RE: Proposed Letter to Special Master (2 pages with 2 page Proposed Letter to the Special Master attached) E-mail, Marie Villafana to Jay Lefkowitz, dated October 3, 2007 7:30 p.m., RE: Proposed Letter to Special Master (1 page) E-mail, Marie Villafana to Jay Leflcowitz, dated October 5, 2007 7:49 p.m., RE: Proposed Letter to Special Master (2 pages) E-mail, Jay Lefkowitz to Marie Villafana, dated October 5, 2007 11:04 a.m., RE: Proposed Letter to Special Master (3 pages with 4 page letter from Jay Leflcowitz to Marie Villafana attached) Letter to Jeffrey Sloman, dated October 8, 2007, RE: Jeffrey Epstein (3 pages), Author: Lilly Ann Sanchez E-mail, Marie Villafana to Lilly Ann Sanchez, October 9, 2007 5:09 p.m., RE: Jeffrey Epstein (1 page with two page letter to Lilly Ann Sanchez attached) E-mail, Jeff Sloman to Jay Lefkowitz, dated 22, 2007 4:41 p.m., RE: Epstein (3 pages with 4 page draft letter to Hon. Edward B. and 2 page Addendum to the Non- Prosecution Agreement, attached) E-mail, Jay Lefkowitz to Jeff Sloman, dated October 22, 2007 5:10 p.m., RE: Epstein (3 pages) E-mail, Jeff Sloman to Ja Lefkowitz, dated October 24, 2007 3:45 p.m., RE: Epstein — Addendum and Letter to Judge (2 pig 1/2.ddendum to the Non-Prosecution Agreement, and 4 page draft letter to Hon. Edward B. = attached) 7 EFTA00191192

E-mail, Jeff Sloman to Jay Lefkowitz, dated October 24, 2007 5:30 p.m., RE: Epstein — Letter to Judge (I page with 4 page letter to Hon. Edward B. attached) Letter to Hon. Edward B. M, Akerman Senterfitt, dated October 25, 2007, RE: Service as a Special Master (4 pages); Author: Jeff Sloman E-mail, Jeff Sloman to Jay Lefkowitz, dated October 31, 2007 11:51 a.m., RE: Epstein (2 pages) E-mail, Jay Lefkowitz to Jeff Sloman, dated November 8, 2007 1:24 p.m., RE: No subject (1 page) E-mail, Jay Lefkowitz to Jeff Sloman, dated November 16, 2007 2:00 p.m., RE: No subject (1 page) E-mail, Jeff Sloman to Jay Lefkowitz, dated November 27, 2007 1:55 p.m., RE: Epstein (1 page) Letter to Jeffrey Sloman, dated December 7, 2007, RE: Jeffrey Epstein, Author: Lilly Ann Sanchez (1 page Affirmation signed by Jeffrey E. Epstein, 1 page Notice of Hearing, and 1 page fax transmittal sheet, attached) E-mail, Marie Villafana to Jack Goldberger, dated June 28, 2008 11:31 a.m., RE: Notice of Non-Compliance (1 page) Request for Production No. 8 (Lobbying efforts at DOJ) E-mail, Jeff Sloman to Jay Lefkowitz, dated February 25, 2008 7:43 p.m., RE: Epstein (1 page) E-mail, Jeff Sloman to Jay Lefkowitz, dated February 27, 2008 9:45 p.m., RE: Fw: Epstein (2 pages) Letter to Jay Lefkowitz, Esq., dated May 15, 2008, RE: Investigation of Jeffery Epstein (5 pages), Author: Andrew G. Oosterbaan, Chief, Child Exploitation and Obscenity Section, Criminal Division, U.S. Department of Justice E-mail, Jay Lefkowitz to Alex Acosta, dated May 19, 2008 10:54 a.m., RE: confidential communication (3 pages) Letter to Honorable Mark Filip, Deputy Attorney General, dated May 19, 2008, No Subject (8 pages), Authors: Kenneth W. Starr, Kirkland & Ellis, and Joe D. Whitley, Alston & Bird 8 EFTA00191193

Letter to Honorable Mark Filip, Deputy Attorney General, dated May 27, 2008, No Subject (2 pages), Authors: Kenneth W. Starr, Kirkland & Ellis, and Joe D. Whitley, Alston & Bird E-mail, Jeff Sloman to Jay Lefkowtiz, dated May 28, 2008 4:51 p.m., RE: Jeffrey Epstein (1 page) Letter to Kenneth Starr and Joe D. Whitley, dated June 3, 2008, No Subject (1 page), Author: John Roth, Senior Associate Deputy Attorney General Letter to John Roth, Senior Associate Deputy Attorney General, dated June 19, 2008, No Subject (14 pages Author: Stephanie D. Thacker, Allen Guthrie McHugh & Thomas, Charleston, West Letter to Jay Lefkowitz and Kennth Stan, dated June 23, 2008, No Subject (1 page), Author: John Roth, Senior Associate Deputy Attorney General Rearrest for Production No. 19: (prosecutor misconduct) Letter to IL Alexander Acosta, dated December 11, 2007, RE: Jeffrey Epstein (20 pages); Author: Jay Lefkowitz Letter to Jay P. Lefkowitz, Esq., dated December 13, 2007, RE: Jeffrey Epstein (5 pages); Author: A. Marie Villafana. E-mail, Jay Lefkowitz to Alex Acosta, dated February 29, 2008 3:11 p.m., RE: Fw Epstein (1 page) Letter to Office of Professional Responsibility, U.S. Department of Justice, dated April 21, 2008, RE: Self Reporting — Jeffrey H. Sloman, FAUSA S.D.F.L. (3 pages, with 5 pages of attachments); Author: Jeffrey H. Sloman (P) Letter to Office of Professional Responsibility, U.S. Department of Justice, dated April 22, 2008, RE: Self-Report of Allegation of Conflict of Interest (9 pages); Author: A. Marie Villafana (P) Memorandum to Office of Professional Responsibility, dated April 23, 2008, Subject: Self Reporting — Jeffrey H. Sloman, Corrected Version of the previously submitted April 21, 2008 letter to OPR (1 page, with 3 page letter attached); Author: Jeffrey H. Sloman (P) Letter to Deputy Attorney General Mark Filip, dated May 19, 2008, No Subject, Authors: Kenneth W. Starr and Joe D. Whitley, attachment entitled "Summary of Misconduct Issues in the Matter of Jeffrey Epstein" 9 EFTA00191194

An "attorney for the government" did not confer with Jane Doe #1 or Jane Doe #2 about the specific terms of the Non-Prosecution Agreement prior to: (a) (b) its execution on September 24, 2007; the execution of the Addendum to the Non-Prosecution Agreement on October 29, 2007; and (c) the commencement of the performance of the Non-Prosecution Agreement on June 30, 2008. EFTA00191195