BERT PATTON From: ROBERT I. JOSEFSBERG Sent: Wednesday, February 11, 200912:47 PM To: 'Amy Eder7; 'Evelyn Sheehan'; KATHERINE W. EZELL; BERT PATTON Subject: FW: Epstein Original Message From: Roy BLACK rmailto:Mr.11.3 Sent: Monda , February 09, 2 I To: ROBERT I. JOSEFSBERG Subject: Re: Epstein The client has informed me and I will send you a note today on his position. Sorry for the delay. >» "ROBERT I. JOSEFSBERG" <RJOSEFSBERGOPODHURST.com> 2/6/2009 2:39 PM >» >» Having not heard from you, I assume that you still do not have sufficient direction, or are still lacking client input. I've had 3 or 4 issues pending since our conversation of 1/23 or 1/24. I've waited two weeks for your responses, and + am running out of time. I understand and sympathize with your situation. I wish someone would attempt to understand my situation. You are leaving me very limited alternatives. Original Messes e From: Roy BLACK < To: ROBERT I. JOSEFSBERG Sent: Thu Feb 05 12:04:21 2009 Subject: Re: Epstein I am talking to the client this afternoon. So / have no direction yet. >» "ROBERT I. JOSEFSBERG" < > 2/5/2009 11:17 AM ›.» >» Roy - you wrote on 2/3 that you were advised that "a check went out today". It did not. This morning 100,000 was wired. There was 200,000 that was more than 90 days overdue. The 50 percent payment is not acceptable. Unfortunately, this matter is going to blow up. My partner, Podhurst wants to bring this to a head by tomorrow. I will try to reach you during the lunch break in my arbitration. You were supposed to get back to me on yesterday - after you received "client input". I understand your situation - but it is apparent that your client does not care about his agreements, and is. Making everything impossible. I though it was appropriate to let you know before we take further action. Original Message From: Roy BLACK > To: ROBERT I. JOSEFSBERG Sent: Tue Feb 03 13:41:21 2009 Subject: Re: Epstein no problem. I will keep you informed. >» "ROBERT I. JOSEFSBERG" < > 2/3/2009 1:33 PM >» I'll be at my arbitration from approx 9 till 6. I'll try to call you during a break - or you can call me after 6. Why don't you email me after you get your client input - and I'll call you after that. Original Mess... From: Roy BLACK < To: ROBERT I. JOSEFSBERG Sent: Tue Feb 03 13:19:40 2009 Subject: Re: Epstein 1 EFTA00183735

Bob let's talk tomorrow. I need more input from the client before we discuss this. >>> "ROBERT I. JOSEFSBERG" < Roy - I'm not satisfied with my last email to you arbitration. I need to talk to you - will you (at try to get there btwn 6:45 and 7:30 - if we don't at 632 9230 > 2/3/2009 1:11 PM - am in a rush because I'm in an 8 day the milt hirsch function tonight? I'll talk there, please call me after 7:30 - Original Message From: ROBERT I. JOSEFSBERO To: 'RBLACK(Oroyblack.com, <IIIIIIIIIIIIIIIIII> Sent: Tue Feb 03 12:55:53 2 Subject: Re: Epstein Fine - can we settle IIIII ? - as to the "delay" in talking about settlement , when I met with Jay L in eallig i he said that Jeff would not be ready to talk about settling till the end of Jan. Both you and Jay did not return my 3 or 4 calls to each of you between Jan 10 and approx Jan 25 when I finally dpoke to you. Original Metak--- From: Roy BLACK < To; ROBERT I. JOSEFSBERG Sent: Tue Feb 03 12:47:59 2009 Subject: Epstein Bob: I am told a check went out today. I am also told there will be push back on expenses without a settlement. So we need to discuss settling the cases. Jeffrey pay more for the fees and expenses without the start of settlement negotiations. discuss. Roy further will not So let's 2 EFTA00183736

13/2009 13:11 FAX Q002/003 KIRKLAND & ELLIS LLP AND AIIRJATID PAIDIARSKIPS Jay P. Lefkowitz,.. To ay: lefkovAtzekirklan .com VIA FACSIMILE Robert . Josefsberg, Esq. Podhurst Orseck, P.A. City National Bank Building 25 West Flagler Street, Suite 800 Miami, FL 33130 Dear Bob, Cittgroup Center 153 East 63r0 Street Now York, New York 10022-4811 .'www.barklana.com February 13, 2009 Fac Confidential For Settlement Purposes Only Pursuant to Rule 408 We have received copies of your firm's invoices for the last several months as related your representation of a select group of individuals in connection with a matter between Mr. Epstein and the United States Attorney's Office in the Southern District of Florida (the "USAO"). We write this letter to (1) address issues raised by those invoices and (2) suggest a resolution to this matter that would benefit all parties involved. First and foremost, after thoroughly reviewing the invoices from your firm, it is clear that the services you have provided to the women at issue far exceed the scope of services for which Mr. Epstein agreed to pay under the federal Deferred Prosecution Agreement (the "Agreement") and Addendum. Pursuant to the relevant Agreement and Addendum, Mr. Epstein agreed to pay the attorney representative for his representation of a select group of individuals at "his or her regular customary hourly rate." Importantly, the Addendum limits the scope of this representation and specifies that the Agreement "shall not obligate Epstein to pay the fees and costs of contested litigation filed against him." The Addendum further provides that Mr. Epstein's obligation to pay the fees of an attorney represcutaildeases when the work performed is aimed at pursuing "a contested lawsuit pursuant to 18 . § 2255" or "any other contested remedy." Simply put, the Agreement and Addendum only require Mr. Epstein to pay fees expended in connection with negotiating a settlement for each of the relevant individuals, not for services relating to any type of pre-litigation effort. Thus, any charges related to work performed beyond, or extraneous to, reaching a settlement should not be Mr. Epstein's' responsibility. Mr. Epstein fully intends to fulfill his agreement and pay for all fees associated with settlement at your firm's regular hourly rates. However, Mr. Epstein will not pay for any services beyond those directed towards reaching a settlement. To resolve this matter, we are Chicago Hong Kong London Los Angeles Munich San Francisco WashIngtoe.M. EFTA00183737

02/13/2009 13:12 FAX Q4003/003 Robert Josefsberg February 13, 2009 Page 2 Confidential For Settlement Purposes Only Pursuant to Rule 408 available and ready to discuss the invoices with you on a line-by-line basis and believe that we can come to an agreeable resolution as to the fees accumulated to date. During the same discussion, we hope to clarify with you the exact number of women who have agreed to utilize your services for the purpose of reaching a settlement with Mr. Epstein. Second, upon serious consideration and discussion, Mr. Epstein is prepared to offer your clients a settlement that we believe will serve to compensate each individual appropriately. As a final resolution to this matter, Mr. Epstein would pay each individual who agrees to relinquish any andrnotential civil claims against him $50,000.00, which is the statutory amount provided by 18 § 2255, at the time of the alleged violations. Each individual would receive this amount, without any need to offer proof of claim or injury and without any further delay. We hope that you discuss this offer with your clients in the next 30 days, as Mr. Epstein's offer to settle will remain open until March 13, 2009. Very truly yours, Jay P f,7 fkowitz EFTA00183738