By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: F-4Y- 09- ANN Z, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 HOUSE_OVERSIGHT_012597

TAB 22 HOUSE_OVERSIGHT_012598

08/31/2007 13:03 PAX 5618021787 USAD WEB FL i oo2 U.S. Department of Justice United Stutes Attorney Southern District of Florida S500 South Austration Ave. Suite 400 West Palm Beach, FL 3340] (561) §20-871] Angust 31, 2007 DELIVERY BY FACSIMILE Ms. In care of Bruce Lyons, Esq. Lyons and Sanders 600 Northeast 3rd Avenue Fort Landerdale,; FL 33304 Re: Grand Jury investigation—Confidential Dea i This letter is an invitation for you to testify before a federal Grand Jury, and is supplied in order to provide helpful background information about the Grand Jury. The Grand Jury consists of from sixteen to twenty-three persons from the Southern District of - Florida. It-is their responsibility to inquire into federal crimes which may have been committed m this District. Asa Grand Jury witness you will be asked to testify and answer questions under oath, and to produce records and documents. Only the members of the Grand Jury, attorneys for the United States anda stenographer are permitted in the.Grand Jury room while you testify.. The U.S. Department of Justice encourages prosecutors to notify an individual in appropriate cases that he or she is a target of a grand jury investigation. Accordingly, you are hereby notified that you are a target of a federal grand jury investigation in the Southern District of Florida concerning suspected violations of federal law, including but not limrted to, possible violations of Title 18, United States Code, Sections 2, 371, 1512, 1591, 1952, 1956, 1960, 2421, 2422, and 2423. You are advised that the destruction or alteration of any document required to be produced before the grand jury constitutes serious violation of federal law, including butnot tumited to Obstruction of Justice. ' A “target” is a person as to whom the prosecutors or the Grand Jury have substantial HOUSE_OVERSIGHT_012599 sf orarhaten ele emenaner pa ceioin poetics tnt err mempnainipe ett tre et erate en ne rere ere er Orit

08/31/2007 13:04 FAX 5618021787 USAG WPB FL 003 Ms. August 31, 2007 Page 2 Fee re ere ene tenner arti ee erent ret ener re evidence linking him or her to the commussion of a crime and who, in the judgment of the prosecutors, is a putative defendant. This letter constitutes an invitation to you to testify on your own behalf before the grand jury about matters under investigation. Of course, you are not required to appear before the grand jury. The decision whether to do so is a voluntary matter which 1s entirely up to you, The grand jury, if in fact it learns of this opporhmity afforded to you, will be instructed not to draw any adverse inference from your failure to appear should you decide not to accept this invitation. You must further understand that should you decide to testify, your testitnony could be used agaist you if any crimimal charges should be filed against you. FO eS ney ren yarn aerate Nt se pt eerie ao ne Should you decide to appear before the grand jury, you will have the same tights and obligations as any non-immunized grand jury witness, Specifically, You may refuse to answer any question if a truthful answer to the question -would tend to incriminate you. You have the nght to stop answering questions at any time. Anything you say may be used against you at the grand jury or in a subsequent legal proceeding. ~ .. The grand jury will permit you a reasonable opportunity to step outside the grand jury room to consult with your attorney, if you so desire,.at any point during the testimony you give. Please be further advised that the giving of false testimony before the grand jury will subject you to a prosecution for perjury in addition to the violations set forth above. 7” As a target of a grand jury investigation who has been asked to appear before the grand jury, you may wish to retain the services of an attomey. If you cannot afford the services of independent counsel, the Court may be able to appoint counsel to represent you. Ifyou would like the United States to ask the Court to appoint an attorney to represent you, piease contact the undersigned at 561 209-1047, The United States is investigating other individuals, and you may be interested m cooperating with the United States agamst those other targets. Jf you hire an attomey, or if the Court appoints one to represent you, that _ counsel can contact meé to disciiss that possibility, HOUSE_OVERSIGHT_012600

- 08/51/2007 13:04 FAX 5618021787 . USAO WPB FL . [dj 004 Ms. August 31, 2007 Page 3 Please advise me whether you wish to testify before the grand jury by close of busimess Wednesday, September 12,2007. If] do not receive notification from you or your counsel by this date, I will assume that you do not wish to testify before the grand jury. Sincerely, R. ALEXANDER ACOSTA UNITED STATES ATTORNEY A. Marie Villafaita ' Assistant United States Attorney. . ae oA Ned arate ener Ao me Re er ee a Se a ENA RETNA LARA iret Pc ere re eulnge eoraneep merep Aton wae fh HOUSE_OVERSIGHT_012601

TAB 23 HOUSE_OVERSIGHT_012602

sp 98/16/2007_17:05 FAX 5618021787 USAO WPB FL ooz U.S. Department of Justice United States Attorney Southern District of Florida 500 South Austrakon Ave., Suite 400 * West Palm Beach, FL 33401 (561) 820-8711 . Facsimile: (561) 820-8777 August 16, 2007 VIA FACSIMILE Gerald Lefcourt, Esq. Gerald P. Lefcourt, P.C. 148 Bast 78th Street New York, NY 10021 Re: Subpoena to Custodian of Records. ‘Dear Mr. Lefcourt: , < I write in response to your letter of July 18, 2007 regarding the grand jury subpoena issued SF to the Custodian of Records for NES, LLC. Ihave attached an identical subpoena containing aretum’ date of September 11, 2007, and subpoenas for two NES employees, Eric Gany and Harry Beller. if you will not be representing Messrs. Gany and Beller, please let me know. First, as [mentioned in my earlier correspondence, a properly executed declaration from the Custodian of Records is needed, and, ifno documents responsive to a particular request exist, the Custodian should certify that under penalty of perjury. Second, you write that NES has no documents responsive to Requests 1 through 5. I know fg that NES has several credit card accounts for the benefit of the persons who manage Mr. Epstcin’s Dy properties, inchiding Janusz Banasiak and Alfredo Rodriguez. I also know that NES regularly ee receives money from an account that is used to pay expenses at 358 El Brillo Way and also wires money to that same account. Those. wire transfers fall within the time period called for by the subpoena and number in the hundreds of thousands of dollars. If NES does not maintain records of its banking activities, then I would like to see a copy of its document retention policy, so I have added that to the Attachment to the Subpoena. ; Third, Mt. Menchel’s comment to you about potential money laundering charges related only to aresolution of the case. In other words, if the sex offense case is resolved, the Office would close its investigation into other areas as well. The matter has not been, and it does not appear that it will be, resolved so the money laundering investigation continues, and Request Number 6 will not be withdrawn. The request is not overbroad and is stated with particularity, so please comply with the fo ’ request by the new deadline. owe F HOUSE_OVERSIGHT_012603

98/36/2007 17:06 FAX 5618021787 USAO HPB FL oos GERALD LEFCOURT, ESQ. AUGUST 16, 2007 PAGE 2 OF 2 With respect fo paragraph 7, the information provided regarding the pilots came from the corporate records of Hyperion and JEGE, Inc., not NES. However, I have provided a shorter list in the new subpoena attachment. I also have enclosed another certification for the Custodian of Records’ signature. Thank you again for your assistance. | | Sincerely, R. Alexander Acosta United States Atotaiey A. “Marie Villafatia sO Assistant United States Attomey ( cet B, Nesbitt Kuyrkendall, FBI (with enclosures), HOUSE_OVERSIGHT_012604

08/16/2007 17:06 5618021787 USAO WPB FL - Tooa United States District Court SOUTHERN DISTRICT OF FLORIDA TO: Custodian of Records ve SUBPOEN. ATO TESTIFY se a BEFORE GRAND JURY , FGJ 07-103(WPBY/No. OLY-65/2 SUBPOENAFOR: [x] PERSON DOCUMENTS OR OBJECT|S] YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the a date and time specified below. PLACE: United States District Courthouse 701 Clematis Street West Palm Beach, Florida 33401 DATE AND TIME: September 11, 2007 1:00 pm* _ you ARE ALSO ‘COMMANDED to bring with you the following Mosermenit or object(s): THE DOCUMENTS AND OBJECTS LISTED ON ATTACHMENT A. *Please coordinate your compliance with this subpoena and confirm the date, time, and location of your appearance with S/A Nesbitt Kuyrkendall, Federal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you are granted I leave to depart by the court or by an officer acting on behalf of the court. August 16, 2007 This subpoeaa is issued upon ppieaten _t Name, Address and Phone Number of Assistant U.S. Attomey Amn Marie C, Villafaiia, Assistant U.S. Attorney 500 So. Australian Averme, Suite 400 West Palm Beach, FL 33401-6235 Tel: (561) 820-8711 x3047 «: Fax: (561) 802-1787 * not applicable, enter “none.” To beused in Rea of AQ110 FORM ORD-227 ‘ , JANSG HOUSE_OVERSIGHT_012605

" s2.08/46/2007 17:06 FAX 5618021787 USAO PB FL . Boos —~ I. - For the period of January 1, 2003 to the present, all calendars, agendas, daily all metadata included within the electronic/physical files. ATTACHMENT TO SUBPOENA OLY-65/2 NES, LLC diaries, or other records of appointmenis, travel, meetings and the like, kept by or on behalf of Jeffrey Epstein, He Lesley Groff, and/or . This request includes information that is kept in physical “hard copy” and/or electronic form, whether stored on a personal computer, database server, cellular telephone, “Blackberry” unit, personal digital assistant (“PDA”) or other handheld electronic device, or in any other electronic form, and For the period of January 1, 2003 to the present, all address books, contact lists, or other records of names, telephone numbers, addresses, and/or e-mail addresses kept by or on behalf of Jeffrey Epstein A TN Lesley Groff, and/or BE This request includes information that is kept in physical “hard copy’’ and/or electronic form, whether stored on a personal computer, database sexver, cellular telephone, “Blackberry” unit, personal digital assistant (“PDA”) or other handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. For the period of January 1, 2003 to the present, all e-mails, instant messages, text messages, meeting invitations, and any other electronic Communication sent by Jeffrey Epstein, Lesley Groff, and/or BE. Jeriey Epsici, A PMI Lesley Croft, endo Po This request includes information that is kept im physical “hard copy” and/or electronic form, whether stored on a petsonal computer, -database server, cellular telephone, “Blackberry” unit, personal digital assistant (“PDA”) orother handheld electronic device, or in any other electronic form, and all metadata included within the electronic/physical files. For the period of January 1, 2003 to the present, all documents and information referring or relating to the transfer of funds to or from any account owned by NES, LLC to or from any bank account used for the maintenance of the property located at 358 El Brillo Way, Palm Beach, Florida, or for the payment of any person working at 358 E] Brillo Way, Palm Beach, Florida. Page 1 of 2 HOUSE_OVERSIGHT_012606

. 08/16/2007 17:07 FAX 5618021787 USAO WPB FL 2 (W006 Any and ali document retention and/or destruction policies. For the period of January 1, 2003 to the present, all documents and information _ referring or relating to the transfer of funds to or from any account owned by NES, LLC to or from any bank account on which Janusz Banasiak and/or Alfredo Rodriguez had or has check-writing authority and/or access to via debit/ATM card. For the period of January 1, 2003 to the present, all doouments and information referring or relating to the transfer of fund to or from any account owned by NES, LLC to or from any account owned by JEGE, Inc., Jeffrey E. Epstein, Hyperion Air, Inc., Financial Trust Co., New York Strategy Group, Inc., J. Epstein Virgin Islands Foundations, Inc., and/or Epstein Interests. For the period of January 1, 2003 to the present, the names of all employees and all corporate directors, board members, and shareholdezs. For the period of January 1, 2003 to the present, copies of all W-2s and/or 1099s for the following persons: Jeffrey Epstein, Lesley Groff, Janusz Banasiak, Alfredo Rodnguez, Harry - Beller, and Eric T. Gany. _ Page 2 of 2 HOUSE_OVERSIGHT_012607

08/16/2007 17:97 FAX 5618021787 USAO WPB FL : 007 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA INRE FEDERAL GRAND JURY SUBPOENA OLY-65/2 ADDRESSED TO NES, LLC CERTIFICATION REGARDING DOMESTIC RECORDS OF REGULARLY CONDUCTED ACTIVITY 1, the undersigned... ; declare that lam employed by NES, LLC in the position of, ___, and, by reason of my position, i authorized and qualified to make this declaration. Ls Inmy carp Joyment with NES, LLC, I am familiar with the business records it maintains. 2s I certify that the records attached to this certification: (a) | were made at or near the time of the occurrence of the matters set forth therein, by or from information transmitted by, a — with knowledge of — those matters; (b) were kept mm the course of regularly conducted business activity; sre (c) were made by the regularly conducted activity as a regular practice. 2. Among the records so maintained are the attached zecords itemized in Appendix A (Document Inventory). | 3. I further certify that the documents attached hereto ate responsive to Grand Jury Subpoena 65/2 served upon NES, LLC. Page 1 of 2 HOUSE_OVERSIGHT_012608

__08/16/2007 17:07 FAX 5618021787 USAO WPB FL. “Hoos: 4. I further certify that NES, LLC has no documents responsive to request number(s) information is frie and correct. Executed this ss dayoof ____ 5 2007. Place of exectition: } Signature Page 2.0f 2 in Grand Jury Subpoena number 65/2. [Fill in or strike out as appropriate. ] Pursuant to 28 U.S.C. § 1746, I declare under penalty of petjury that the foregoing HOUSE_OVERSIGHT_012609

_.08/16/2007 17:07 FAX 3618021787 USAO WPB FL Boog | United States District Court SOUTHERN DISTRICT OF FLORIDA. TO: HARRY BELLER ‘SUBPOENA TO TESTIFY BES, ELE BEFORE GRAND JURY FGI 07-103(WPBY/No. OLY-75 SUBPOENA FOR: PERSON [ DOCUMENTS OR OBJECTS] YOU ARE HEREBY COMMANDED to appear aud testify before the Grand Jury of the United States District _.. Court at the place, date and time specified below. ie, misw epics aky Honrmieimenieseecins iy ee ‘PLAGE: : ; ROOM: United States District Courthouse | Grand Jury Room * 701 Clematis Street - _ West Palm Beach, Florida 33401 } DATE AND TIME: September 11, 2007 ese gee a ies _. __ | 1:00 pm* YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): *Please coordinate your compliance with this sabpoena.and confirm the date, time, and location of your appearance with 8/A Nesbitt Kuyrkendall, Federal Burcau of Investigation, Telephone; (561) 822-5946. ‘This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. ; DATE: (BY) DEAUTY CLERK apenas, SCE This subpoena is issued upon application Name, Address and Phone Number of Assistant U.S. “Attomey of the United Statcs.of America Ann Marie C. Villafata, Assistant U.S. Attomey Ya P\f yy. fy 500 So. Australian Avenue, Suite 400 West Palm Beach, FL 33401-6235 Tel: (S61) 820-8711 x3047 ofaoiie . FORM ORD-227 JAN.86 Teo boured in fice HOUSE_OVERSIGHT_012610

oo, 08/16/2007 17:07 FAX 5618021787 USAC HPB FL. Bore | United States District Court | SOUTHERN DISTRICT OF FLORIDA TO: ERIC GANY . SUBPOENA TO TESTIFY BES TS | BEFORE GRAND JURY , . * FGJ 07-103(WPB)/No. OLY-76 . SUBPOENA FOR: PERSON [ | DOCUMENTS OR OBJECT{S] YOU ARE HEREBY COMMANDED to appear and testify before the Grand Jury of the United States District Court at the place, date and time specified below. | Rodi: PLACE: United States District Courthouse Grand Jury Room . 701 Clematis Street . West Palm Beach, Florida 33401 DATE AND TIME: . September 11, 2007 1:00 pm* ‘YOU ARE ALSO COMMANDED to bring with you the following document(s) or object() *Please coordinate your compliance with this subpoena and confirm the date, time, and location of your _ appearance with S/A Nesbitt Kuyrkendall, Federal Bureau of Investigation, Telephone: (561) 822-5946. This subpoena shall remain in effect until you are granted leave to depart by the court or by an officer acting on behalf of the court. : (BY) DEPUTY CLERK Name, Address snd Phone Number of Assistant U.S. Attorncy This subpoena is issued upon application Ann Marie C. Villafaia, Assistant U.S. Attomcy Sf the United Stites ofanmeyica. <. pp — 500 So. Australian Avenue, Suite 400 Wy) West Palm Beach, FL 33401-6235 Tel: (561) 820-8711 x3047 Fax: (561) 802-1787 To bewsedin Fea af A0ite — FORM ORD-237 “SANG *LEnol upplicable, enter "none." HOUSE_OVERSIGHT_012611

"08/16/2007 17:05 FAX .5618021787 USAO WPB FL 601 U.S. Department of Justice United States Attorney Southern District of Florida A. Marie Villafatia 500 S. Australian Ave, 4th Floor West Pala Beach, Florida 33401 (564) 820-8731 Facsimile (561) 820-8777 FACSIMILE COVER SHEET TO: Gerald Lefcourt, Esq. DATE: August 16,2007 | ‘FAXNO. _232-988.6192 gorpraces:__ | O PHONE NO. _ 242-737-0400 RE: NES ILC C FROM: A. MARTE VILLAFANA, Assistant U.S. Attorney 7 PHONE NO, _ 561-209-1047 _- | COMMENTS: HOUSE_OVERSIGHT_012612

TAB 24 HOUSE_OVERSIGHT_012613

"Villafana, Ann Marie C. To “Jay Lefkowitz" Sinn \(USAFLS\)" cc bec 09/19/2007 12:14 PM Subject RE: Meeting Judge Johnson has duty next week. Jay — [hate to have to be firm about this, but we need to wrap this up by Monday. I will not miss my indictment date when this has dragged on for several weeks already and then, if things fail apart, be left in a less advantageous position than before the negotiations. [ have had an 82-page pros memo and 53-page indictment sitting on the shelf since May to engage in these negotiations. There has to be an ending date, and that date is Monday. A. Marie Villafafia ~ - psomey From: Jay Lefkowitz [mailto Sent: Wednesday, September 19, 2007 11:58 AM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Meeting We may want to meet monday and potentially continue to tues if necessary. Which mag is on duty? ———~ Original Message ----- From: “Villafana, Ann Marie C. (USAFLS\)" | Sent: 09/19/2007 11:51 AM AST To: Jay Lefkowitz Subject: Meeting Barry is available Monday morning. Our most flexible West Palm Beach magistrate is on duty on Monday, so, assuming we have signed documents by 1:30 or so, we should be able to get Mr. Epstein arraigned on Monday. I doubt that we will be able to get everything finished up here, get down to Miami, and try to find a Miami mag by close of business on Monday. A. Marie Villafafia Assistant U.S. Attorney AAR IR RIOR kk foi ka ob ak ok HOUSE_OVERSIGHT_012614

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. SIO IGOR Gk ik koko Gok kkk oR Rae ok HOUSE_OVERSIGHT_012615

TAB 25 HOUSE_OVERSIGHT_012616

"Villafana, Ann Marie C. To “Jay Lefkowitz" Po 09/23/2007 08:04 PM Subject RE: Revised agreement 1 BB at is definitely under 18 still, and | think there is a second minor. The appointment of #8 Hidteiast ad litem is to provide you with a mechanism to make contact with the girls and to give them the assistance of an independent attorney who represents them (as opposed to me, who represents the government). If you are willing to provide the girls with independent counsel, at Mr. Epstein’s expense (and | get to pick the attorney), that is alright with me. From: Jay Lefkowitz [mailto Sent: Sunday, September 23, 2007 6:55 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Revised agreement Will do. AlS8, WHY do you need a guardian ad litem at all? Are any of the 40 under 18 now? ----- Original Message ----- From: "Villafana, Ann Marie C. \(USAFLS\) nn Sent: 09/23/2007 06:52 PM AST _ To: Jay Lefkowitz ~ : Subject: Revised agreement Hi Jay - Can you look at this? Especially paragraph 7. | think this covers the exclusive remedy concern you had. <<070923 Epstein Non-Prosecution Agreement final.pdf>> FIG a OR RO IORI RR kK a ao dook kk ak ok ok ak akc 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. A OR a GR aig a ROR a ka ak kok kak ok ook ake deo HOUSE_OVERSIGHT_012617

TAB 26 HOUSE_OVERSIGHT_012618

"Villafana, Ann Marie C. To "Jay Lefkowitz” [nn S Ww cc "Martin Weinberg" "Lourie, Andrew" "Garcia, Rolando \(USAFLS\)" 09/24/2007 01:27 PM bec Subject RE: Epstein agreement as reviewed by the U.S. Attorney Hi Jay - Sorry for the delay. The U.S. Attorney had a last-minute concern, that I think I fixed (it is in the first “It Appearing” clause following the list of statutes potentially violated). After you get the green light, let’s discuss the potential representative. The person I am thinking of has run a preliminary conflicts check and it looks alright. Also, to address Mr. Epstein’s concern regarding the list of names, I wanted to tell you that I have compiled a list of 34 confirmed minors. There are six others, whose names we already have, who need to be interviewed by the FBI to confirm whether they were 17 or 18 at the time of their activity with Mr. Epstein. Once those interviews are completed, I can finalize the list of identified victims, which I will put in a formal document that I will maintain until the time of Mr. Epstein’s sentencing. Assuming that this agreement is fine, please execute at least three copies, and send one to me by fax and the rest by FedEx. I will execute and send the copies back. Thank you. A. Marie Villafaiia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE_OVERSIGHT_012619

From:Jay Lefkowitz Sent: Monday, September 24, 2007 11:46 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Martin Weinberg; Lourie, Andrew Subject: Re: Epstein agreement as reviewed by the U.S. Attomey Marie - Here are what I hope are final edits to the agreement. I will call in 15 min. thanks -- Jay "Villafana, Ann Marie C. \(USAFLS\)" To "Jay Lefkowitz" Po cc 09/24/2007 10:13 AM Subje Epstein agreement as reviewed by the U.S. ct Attorney Hi Jay — Here is the agreement with Alex’s edits. Thank you. <<070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf>> A. Marie Villafatia Assistant U.S. Attorney 900 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE_OVERSIGHT_012620

070924 Final Epstein Non-Prosecution Agreement.pdf HOUSE_OVERSIGHT_012621

TAB 27 HOUSE_OVERSIGHT_012622

aaa \(USAFLS\)" co bec 09/24/2007 04:34 PM Subject RE: Do you have a signed copy? Thank you, Jay. | have forwarded your message only io Alex, Andy, and Rolando. | don't aniicipate it going any further than that. When | receive the originals, | will sign and return one copy to you. The other will be placed in the case file, which will ba kept confidential since it also contains identifying information about the girls. When we reach an agreement about the altiorney representative for the girls, we can discuss what | can tell him and the girls about the agreement. | know that Andy promised Chief Reiter an update when a resolution was achieved. (Something | wouldn’t have promised in light of what happened last year.) Rolando is calling, but Rolando knows not to tell Chief Reiter about the money issue, just about what crimes Mr. Epstein is pleading guilty to and the amount of time that has been agreed to. Rolanda also is telling Chief Reiter not to disclase the outcome to anyone. From: Jay Lefkowitz Sent: Monday, September 24, 2007 4:06 PM To: Villafana, Ann Marie C, (USAFLS) Subject: Re: Do you have a signed copy? Marie - Please do whatever you can to keep this from becoming public. thanks -- Jay e a ce 09/24/2007 04:04 PM SubjectDo you have a signed copy? Hi Jay — Sorry to be a bother, but do you have a copy that at least contains Mr. Epstein’s signature? I need to pass it along to the powers that be. Thanks. HOUSE_OVERSIGHT_012623

TAB 28 HOUSE_OVERSIGHT_012624

—_ \ \(USAFLS\)" ; cc bec 09/26/2007 11:01 AM Subject RE: Other attomeys Hi Jay — Can you give mea call at RE his morning? | am meeting with the agents and want to give them their marching orders regarding what they can tell the girls. Also, please remove Babbitt and Searcy from the list. There is too great a chance of an appearance of impropriety with Babbitt and I received a bad report about Searcy last night. Thank you. A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, September 25, 2007 8:37 PM To: ‘Jay Lefkowitz’ Subject: Other attorneys Hi Jay — These four people were recommended. I have not contacted them to find out what their rates are. All are very active in the plaintiffs’ bar in the West Palm area. Ted Babbitt would be my first choice of these four but I think he is conflicted out because one of his partners is married to an AUSA here. Stuart Grossman is probably my second choice. Ted Babbitt -- http://www.babbitt-johnson.com/tbabbitt. html Stuart Grossman -- http://www.grossmanandroth.com/sgrossman.htm Chris Searcy -- h www.searcylaw.com/CHRISTIANDSEARC Y/tabid/935/default.aspx Lake Lytal, Jr. -- http://www.lytalreiter.com/index.php?page_id=37 HOUSE_OVERSIGHT_012625

Talk to Jack Goldberger about this group. They are all very good personal injury lawyers, but I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage) if they proceed outside the terms of the plea agreement. (Sorry — I just have a bias against plaintiffs’ attorneys.) One nice thing about Bert i is that he is in Miami where there has been almost no coverage of this case. Just so you know, I have never met Bert, but a good friend in our appellate section and one of the district judges in Miami are good friends with him and recommended him. Can you let me know tomorrow? I am going to be out for a while starting on Friday, and I _ would like to get this underway before I leave. Thank you. A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 HOUSE_OVERSIGHT_012626

TAB 29 HOUSE_OVERSIGHT_012627

"Villafana, Ann Martie C. To “Jay Lefkowitz" Ia USAFLS)" cc bcc 10/05/2007 07:48 AM Subject RE: Proposed Letter to Speciat Master ORES 1 = = Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees disputes as well as to handie the selection of the attorney, I would recommend that we use retired llth Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's heaith problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell and let me know which of those times works best for you. Thank you. From: Jay Lefkowitz Sent: Wed 10/3/2007 4:26 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Proposed Letter to Special Master Marie - I, too, am interested in speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master ’ before we discuss.the next steps. ; Thanks -- Jay 10/03/2007 04:24 PM To "Jay Lefkowitz" iy cc Subject Proposed Letter to Special Master HOUSE_OVERSIGHT_012628

—_ Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. <<PROPOSED Letter to Special Master.pdf>> A. Marie Villafafia Assistant U.S. Attorney HOUSE_OVERSIGHT_012629

TAB 30 HOUSE_OVERSIGHT_012630

—_, cc bec (USAFLS)” 09/27/2007 03:06 PM Subject RE: Conference Call with Bert Ocariz Hi Jay — J already told Bert that there is no indictment and, as 1 mentioned, he doesn’t really need to/want to see the entire plea agreement, just the relevant paragraphs so that he understands what the scope of his representation will be. I think they would be happy knowing that their hourly rate will be paid when it is billed. The concern is, if all 40 girls decide they want to sue, they don’t want to be in a situation where Mr. Epstein says this is getting too expensive, we won’ t pay any more attorneys’ fees. ‘wo suggestions, that I] haven't run past Bert, are: i. Mr. Epstein signs a standard fee agreement, where one of his attorneys or accountants whe is not working on the damages litigation receives a monthly bill with attorney's fees charged at an hourly rate and cosis billed monthly. The bills will have any privileged information redacted. If there is a dispute about a bill that cannot be resolved, it will be submitted to a mediator for resolution. 2. If that is too open-ended for Mr. Epstein, do the hourly/monthily billing until Bert has had a chance to confer with all of the girls to determine how many want him to represent them. Once it is known how many girls will be represented by Bert, and mayhe who those girls are, there can be a more educated discussion about estimated fees and costs. Just some food for thought. I will be out of the office tomorrow, but I will be reachable by cell phone. I will make sure Bert is available and confirm the time with you. A, Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: Jay Lefkowitz Sent: Thursday, September 27, 2007 2:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Conference Call with Bert Ocariz Marie - I will not be able to get back to you until tomorrow. However, some of the questions he raised cause me HOUSE_OVERSIGHT_012631

some serious concern. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? Certainly he should not get a copy of any indictment. 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? I don't think he should get the plea agreement either. 3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? I can’t imagine he would be entitled to anything other than an hourly fee. 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? In any event, I need to consider these issues carefully and I cannot agree to any of these issues before we speak. I would suggest we plan on talking tomorrow at 12 pm if you are available. none Original Message ----- From: "Villafana, Ann Marie C. (USAFLS)" Sent: 09/27/2007 10:51 AM AST To: Jay Lefkowitz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? HOUSE_OVERSIGHT_012632

3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? A. Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 3 A AS os os fg 2s aS eS is 2 2 2s os 2g 2 os 2g fs of ot is fs os 2 oe as of of ofc a oS oc oko 2c oc ok i 2 ok 2 ok ok fs akc oft os 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. FRI CIC AK AICI AICO IO IK ICI KK OK KK Ik ok ak ok a ok ok ok ok a ok ok ok ok ok ok ok ok HOUSE_OVERSIGHT_012633

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Member Search Page 1 of 1 Inside-the Bar Find a Lawyer Jeffrey Marc Herman Member in Good Standing Eligible to practice in Florida ID Number: _- 521647 Address: Herman & Mermelstein PA 18205 Biscayne Bivd Ste 2218 North Miami Beach, Florida 331602148 United States Phone: 305.9312200 E-Mail: [email protected] County: Miami-Dade Circuit: 11 , Admitted: 12/26/1985 10-Year None Discipline History aN, Firm: erman Sloman & Mermelstein PA The Find A La directory provides limited basic information about attorneys licensed to practice in Florida and is provided as a public service by The Florida Bar. The information contained herein is provided “as is” with no warranty of any kind, express or implied. The Florida Bar, its Board of Governors, employees, and agents thereof are not responsible for the accuracy of the data. Much of the information is provided by the attorney and it is the attorney's responsibility to review and update ° the information. Publication of attorneys’ contact information within this listing x SNGMPRSEES construed as their consent to receive unsolicited communications in any form. Certain unauthorized uses of this data may result in civil or criminal penalties: zi d-A-Lawyer directory is not a lawyer referral service. (Updated: 03-05-2008 J @ 2005 The Florida Bar hitp://www .floridabar.org/names.nsf/AIl/EDE6C2013E4B06CB85256A8400091E5520pen.( 3/5/2008 HOUSE_OVERSIGHT_012635

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 20069 " JANE DOE NO. 1, by and through JANE DOE’s FATHER as parent and natural guardian, and JANE DOR’s FATHER, and . . JANE DOE’s STEPMOTHER, individually, ciV-MA RRA Plaintiffs, MAGISTRATE JUDGH vs. ' JOHNSON LED by D.C. JEFFREY EPSTEIN, INTAKE Defendant. JAN 24 2008 COMPLAINT Plaintiff, Jane Doe No. 1 (“Jane” or “Jane Doe”), by and through Jane Doe’s Father as parent and natural guardian, and Jane Doe’s Father and Jane Doe’s Stepmother, individually, bring this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue 1. Jane Doe is a citizen and resident of the State of Florida. She is a minor under the age of 18 years. 2. Jane Doe’s Father brings this action individually and as parent and natural guardian of Jane Doe. Jane Doe’s Father is a citizen and resident of the State of Florida. 3, Jane Doe’s Stepmother brings this action individually. Jane Doe’s Stepmother is a citizen and resident of the State of Florida. 4, This Complaint is bronght under fictitious names to protect the identity of the Minor Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon a HERMAN & MERMELSTEIN, P. A. www.hermaniaw.com HOUSE_OVERSIGHT_012637

minor, 5. Defendant Jeffrey Epstein is a citizen and resident of the State of New York. 6. This is an action for damages in excess of $50 million. 7. ‘This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (i) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. 8. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial part of the events or omissions giving rise to the claim occurred in this District. Factual Allegations a, At all relevant times, Defendant Jeffrey Epstein (“Epstein”) was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein’s conduct while at his lavish estate in Palm Beach. 10. Upon information and belief, Epstem has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2005, Jane Doe, then 14 years old, fell into Epstein’s trap and became one of his victims. | 11. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls m Florida, New York and on his private island, known as Little St. James, in St. Thomas, 12. An integral player in Epstein’s Florida scheme was Haley Robson, a Palm Beach HERMAN & MERMELSTEIN, P, A. www.hermaniaw.com HOUSE_OVERSIGHT_012638

Comnmnity College student from Loxahatchee, Florida. She recmited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein’s plan, Ms. Robson would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf directed Ms. Robson to bring one or more underage girls to the residence. Ms. Robson, upon information and belief, generally sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who would be enticed by the money being offered - generally $200 to $300 per “massage” session - and who were perceived as less likely to complain to authorities or have credibility if allegations of improper conduct were made. This was an important element of Epstein’s plan. 13. Epstein’s plan and scheme reflected a particular pattern and method. Upon arrival at Epstein’s mansion, Mr. Robson would introduce each victim to Sarah Kellen, Epstein’s assistant, who pathered the girl’s personal information, including her name and telephone number. Ms. Kellen would then bring the girl up a flight of stairs to a bedroom that contained a massage table in addition to other fumishings. There were photographs of nude women lining the stairway hall and in the bedroom. Ms. Kellen would then leave the girl alone in this room, whereupon Epstein would enter wearing only a towel. He would then remove his towel, lay down naked on the massage table, and direct the girl to remove her clothes. He then would perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl’s vagina with a vibrator. 14, Consistent with the foregoing plan and scheme, Ms. Robson recruited Jane Doe to give Epstein a massage for monetary compensation. Ms, Robson brought Jane to Epstein’s mansion in Palm Beach. Jane was introduced.to Sarah Kellen, who led her up the flight of stairs to the room with the massage table. She was alone in the room when Epstein arrived wearing only a towel. He HERMAN & MERMELSTEIN, P. A, www.hermaniew.com HOUSE_OVERSIGHT_012639

removed his towel, and laid down naked on the massage table. He demanded that Jane remove her clothes. In shock, fear and trepidation, Jane complied, removing her clothes except for her underwear. Epstein then sexually assaulted Jane, 15. After Epstein had completed the assault, he left the room. Jane was then able to get dressed, leave the room and go back down the stairs. She then met Ms. Robson again who brought Janehome. Jane was paid $300 by Epstein. Ms. Robson was paid $200 by Epstein for bringing Jane to him. 16. As a result of this encounter with Epstem, the 14-year old Jane experienced confusion, shame, humiliation, embarrassment and the assault sent her life into a downward spiral. COUNT I Sexual Assault 17. Plaintiff Jane Doe by and through her Father, as parent and natural guardian, repeats and realleges paragraphs 1 through 16 above. 18. Epstein tortiously assaulted Jane Doe sexually in or about 2005. 19. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 20. Asa direct and proximate result of Epstein’s assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. WHEREFORE, Plaintiff Jane Doe, by and through her Father, as parent and natural guardian, demands judgment against Defendant J effrey Epstem for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. HERMAN & MERMELSTEIN, P. A. www.hermaniaw.com HOUSE_OVERSIGHT_012640

COUNT fi Intentional Infliction of Emotional Distress 21. Plaintiffs Jane Doe by and through her Father, as parent and natural guardian, Jane Doe’s Father and Jane Doe’s Stepmother, individually, repeat and reallege paragraphs 1 through 16 above, . 22. Epstein’s conduct was intentional or reckless. 23. Epstein's conduct was outrageous, going beyond all bounds of decency. 24. _Epstein’s conduct caused severe emotional distress not only to Jane Doe, but also to her parents, Jane Doe’s Father and Jane Doe’s Stepmother. Epstein knew or had reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe’s parents. 25. Asa direct and proximate result of Epstein’s intentional or reckless conduct, Jane Doe, Jane Does’ Father and Jane Doe’s Stepmother have suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiffs Jane Doe by and through her Father, as parent and natural guardian, Jane Doe’s Father and Jane Doe’s Stepmother demand judgment against Defendant J effrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court deems just and proper. . COUNT It Loss of Parental Consortium 26. Plaintiff Jane Doe’s Father repeats and realleges paragraphs 1 through 16 above. 27, Epstein’s tortious conduct is the direct and proximate cause of damages to Jane Doe’s Father, consisting of parental loss of comfort, companionship and society and healthcare costs HERMAN & MERMELSTEN, P. A, www.hermaniaw.com HOUSE_OVERSIGHT_012641

poy associated with the treatment of Jane. 28. Jane Doe’s Father experienced and will continue to experience great mental anguish, pain and suffering from the time that Defendant’s tortious conduct occurred. WHEREFORE, Plaintiff Jane Doe’s Father demands judgment for loss of consortium damages, costs and such other and further relief as this Court deems proper. JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: January a 2008 HERMAN & MERMELSTEIN, P. A. Respectfully submitted, HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 By: M. Herman [email protected] Florida Bar No. 521647 Stuart S. Mermelstein [email protected] Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 [email protected] www. hermanlaw.com HOUSE_OVERSIGHT_012642

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f> anne. « Case 9:08-cv-80232-KAM Document1 Entered on FLSD Docket 03/05/2008 FiUBecpy “WE D.C. ELECTRONIC 7 March 5, 2008 STEVEN M. LARIMORE UNITED STATES DISTRICT COURT Gear de Mae oy SOUTHERN DISTRICT OF FLORIDA ieee amelie CASE NO.: Plaintiff, vs. | JEFFREY EPSTEIN, . | Defendant. COMPLAINT | Plaintiff, Jane Doe No.3 (“Jane” or “Jane Doe”), brings this Complaint against Jeffrey Epstein, as follows: Parties, Jurisdiction and Venue | 1, Jane Doe is a citizen and resident of the State of Florida, and is sui juris. 2. This Complaint is brought under a fictitious name to protect the identity of the Plaintiff because this Complaint makes sensitive allegations of sexual assault and abuse upon her when she was a minor. De Defendant Jeffrey Epstein is a citizen and resident of the State of New York. ! 4. This is an action for damages in excess of $50 million. 5. This Court has jurisdiction of this action and the claims set forth herein pursuant to 28 U.S.C. §1332(a), as the matter in controversy (1) exceeds $75,000, exclusive of interest and costs; and (ii) is between citizens of different states. | 6. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a substantial part of the events or omissions giving rise to the claim occurred in this District. ] HERMAN & MERMELSTEIN, P. A. www.hermaniaw.com | 10f6 HOUSE_OVERSIGHT_012644

; Case 9:08-cv-80232-KAM Document1 Entered on FLSD Docket 03/05/2008 Page 2of6 i Factual Allegations Te At all relevant times, Defendant Jeffrey Epstein (“Epstein”) was an adult male, 52 years old. Epstein is a financier and money manager with a secret clientele limited exclusively to billionaires. He is himself a man of tremendous wealth, power and influence. He maintains his principal home in New York and also owns residences in New Mexico, St. Thomas and Palm Beach, FL. The allegations herein concern Epstein’s conduct while at his lavish estate in Palm Beach. 8. Upon information and belief, Epstein has a sexual preference and obsession for underage minor girls. He engaged in a plan and scheme in which he gained access to primarily economically disadvantaged minor girls in his home, sexually assaulted these girls, and then gave them money. In or about 2004-2005, Jane Doe, then 16 years old, fell into Epstein’s trap and became one of his victims. 9. Upon information and belief, Jeffrey Epstein carried out his scheme and assaulted girls in Florida, New York and on his private island, known as Little St. James, in St. Thomas. 10. An integral player in Epstein’s Florida scheme was Haley Robson, a Palm Beach Community College student from Loxahatchee, Florida. She recruited girls ostensibly to give a wealthy man a massage for monetary compensation in his Palm Beach mansion. Under Epstein’s plan, Ms. Robson would be contacted when Epstein was planning to be at his Palm Beach residence or soon after he had arrived there. Epstein or someone on his behalf directed Ms. Robson to bring one or more underage girls to the residence, Ms. Robson, upon information and belief, generally sought out economically disadvantaged underage girls from Loxahatchee and surrounding areas who would be enticed by the money being offered - generally $200 to $3 00 per “massage” session - and who were perceived as less likely to complain to authorities or have credibility if allegations of HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com 20f6 HOUSE_OVERSIGHT_012645

3 of 8 + Case 9:08-cv-80232-KAM Document1 Entered on FLSD Docket 03/05/2008 Page 3 of 6 improper conduct were made. This was an important element of Epstein’s plan. 11. Epstein’s plan and scheme reflected a particular pattern and method. Upon arrival at Epstein’s mansion, the victim would be brought to the kitchen. She would then be led up a flight of stairs to a bedroom that contained a massage table in addition to other furnishings. Once the girl was alone in this room, Epstein would enter wearing only a towel to cover his private area. He then would lay down on the massage table and perform one or more lewd, lascivious and sexual acts, including masturbation and touching the girl sexually. 12. Consistent with the foregoing plan and scheme, Ms. Robson recruited Jane Doe to give Epstein a massage for monetary compensation. Ms. Robson brought Jane to Epstein’s mansion in Palm Beach. Jane was led up the flight of stairs to the room with the massage table. | She was alone in the room when Epstein arrived wearing a towel to cover his private parts. He laid down on the massage table, and sexually assaulted Jane Doe during the massage. In addition, Jeffrey Epstein masturbated during the massage. 13. After Epstein had completed the assault, he left the room. Jane was then able to leave the room and go back down the stains. She then met Ms. Robson again who brought Jane home. Jane was paid $200 by Epstein. Ms. Robson was also paid by Epstein for bringing Jane to him. 14. Asaresult of this encounter with Epstein, the 16-year old Jane experienced trauma, shock, confusion, shame, humiliation and embarrassment. COUNT I Sexual Assault 15. Plaintiff Jane Doe repeats and realleges paragraphs 1 through 14 above. 16. Epstein tortiously assaulted Jane Doe sexually in or about 2004-2005. Epstein’s acts were intentional, unlawful, offensive and harmful. HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com HOUSE_OVERSIGHT_012646

» Case 9:08-cv-80232-KAM Document 1 Entered on FLSD Docket 03/05/2008 Page 4 of 6 17. Epstein’s plan and scheme in which he committed such acts upon Jane Doe were done willfully and maliciously. 18. This sexual assault was in violation of Chapter 800 of the Florida Statutes, which ~ recognizes as a crime the lewd and lascivious acts committed by Epstein upon Jane. 19, Asadirect and proximate result of Epstein’s assault on Jane, she has suffered and will continue to suffer severe and permanent traumatic injuries, including mental, psychological and emotional damages. . WHEREFORE, Plaintiff Jane Doe, demands jiiement against Defendant Jeffrey Epstein for compensatory damages, punitive damages, costs, and such other and further relief as this Court deems just and proper. COUNT I Intentional Infliction of Emotional Distress intentional Iniliction Of Fmouonal LIStess 20. Plaintiffs Jane Doe repeats and realleges paragraphs 1 through 14 above. 21. Epstein’s conduct was intentional or reckless. 22. Epstein's conduct was outrageous, going beyond all bounds of decency. | 23. Epstein’s conduct caused severe emotional distress to Jane Doe. Epstein knew or had reason to know that his intentional and outrageous conduct would cause emotional trauma and damage to Jane Doe. | 24. Asadirect and proximate result of Epstein’s intentional or reckless conduct, Jane Doe has suffered and will continue to suffer severe mental anguish and pain. WHEREFORE, Plaintiff Jane Doe demands judgment against Defendant Jeffrey Epstein for compensatory damages, costs, punitive damages, and such other and further relief as this Court HERMAN & MERMELSTEIN, P. A. www.hermanlaw.com 40f6 HOUSE_OVERSIGHT_012647

* Case 9:08-cv-80232-KAM Document 1 deems just and proper. Entered on FLSD Docket 03/05/2008 Page 5of6 JURY TRIAL DEMAND Plaintiffs demand a jury trial in this action. Dated: March “f ; 2008 HERMAN & MERMELSTEIN, P. A. S5ofé Respectfully submitted, HERMAN & MERMELSTEIN, P.A. Attorneys for Plaintiffs 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877 By: Jeffrey M. Herman [email protected] Florida Bar No. 521647 Stuart S. Mermelstein [email protected] Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 [email protected] www.hermanlaw.com HOUSE_OVERSIGHT_012648

Digunet Case 9:08-cv-80232-KAM DocurfelMlk COMERGHRE ED Docket 03/05/2008 The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing, and service ng or other page Sas 8 ofS by law, except as provided by local rules of court. This form, approved by the Judiciat Conference of the United States in September 1974, is required for the use of the Clerk of the Court for the purpose of initlating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) DEFENDANTS JEFFREY EPSTEIN (a) PLAINTIFFS JANE DOE NO. 3, ) (b) COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF PALM BEACH COUNTY (EXCEPT IN U.S, PLAINTIFF CASES) COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT NEW YORK (IN U.S. PLAINTIFF CASES ONLY) (c) ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) ATTORNEYS (IF KNOWN) Herman & Mermelstein, P.A., 18205 Biscayne Bivd., Suite 2218, Miami, FL 33160, (305) 931-2200 {d) CIRCLE COUNTY WHERE ACTION AROSE: PALM BEACH tl. BASIS OF JURISDICTION lI. CITIZENSHIP OF PRINCIPAL PARTIES PLACE AN X IN ONE BOX FOR Pence (PLACE AN X ONE BOX ONLY) (For Diversity Case Only) ; AND ONE FOR DEFENDANT PTF DEF Incorporated of Principal Place of Q4 a4 0 1. U.S. Government O 3. Federal Question Cilizen of This State x1 01 . Business in This State Plaintiff (U.S. Government Not a Party) Citizen of Another State ' Q2 x2 . Incorporated and Principal Placeof Q5 O05 O 2. US. Government X 4. Diversity Citizen or Subject of a Foreign Country Q 3 0 3 Busingss in Another State Defendant (Indicate Citizenship of Parties in Item nN) Forelgn Nation QO6 O86 iV. CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE. DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY.) DIVERSITY ACTION UNDER 28 U.S.C. §1332(a) FOR SEXUAL ASSAULT \Va._5_ days estimated (for both sides) to try entire case V. NATURE OF SUIT (PLACE AN X IN ONE BOX ONLY) A CONTRACT A TORTS B FORFEITURE A BANKRUPTCY A OTHER STATUS PENALTY 0422 Appeal 28 USC 158 0 400 Status Reappointment i 6 410 Antitrust 03423 Withdrawal 28 USC 157 1 430. Banks and Banking EB a0 Commerce/lCC Rates/etc. B Deportation A PROPERTY RIGHTS 5 70 Racketaer Intuenced and Corrupt Organizations G 810 Selective Service @ 110Msurance PERSONAL INJURY 1810 Agricultura %20Marine (1 820 Other Food & Drug OF 130Miler Act 0825 Drug Related Seizure 0310 Aplano 1382 Personal InfuryMed Matpractice 0 315 Auplane Product Liability 1365 Personal InfuryProduc Liability 320 Assault, Libel & Slander (0368 Asbestos Personnel ederal Employers’ Liabfity Injury Product Llabilay O 14QNegotiable Instrument of Properly 21 USC 881 O 150Recovery of Overpayment & Enforcemant of Judgment 0650 Aline Regs 0880 Occupational $51 Medicare Act D tSzRecaveryof elated 7 PERSONAL PROPERTY Safetyhealth 2820 Copyrights 850 Securities! Commodities! Student Loans (Exc) 11680 Other (830 Patent Exchange Q 840 Trademark @ 675 Customer Challange Veterans) B O 153 Racovery of Overpayment of Vetcran’s Benefits 8° 12USC3410 D 881 Agricultural Acts D 882 Economic Stabiitation Act O 883 Environmental Matters a B64 Enemy Allocation Act 0 885 Freedom of Information Act 0 800 Appeafof Fee Determination dee! saul Actess to 0371 Truth in Lending B 0380 Other Personne? Property Damage 0965 Property Damage Product Liability X 380 Other Parsonat Injury is} (ep stocknoiiers Sule O 4000ther Contra a BS Contact Produce Uabtiy . B SOCIAL SECURITY 881 HIA (1985ff) 01862 Black Lung (823) 0.883 DIWC/DIWW (405(9)) 2864 SSID Tile XVI 1865 RSI (405(9)) Oo 950 Carcusorenyel’sae O 240 Land Condemnation D 441Votng @ 540Motions to Vacate Sentenca X710 Far Labor Standards. Statutes O 220 Forecasure B @ 442Employment Habeas Corpus. Act @ 880 Other Statutory Actions” O 230 Rent Lease & Ejectment QO 443HousingiAccommodatons G §30Genaral” 0 720 Labor Management "Aord D 240 Torts to Land D0 446 Welfare (2) $35Death Panalty Relations B A FEDERAL TAX SUITS O 245 Ton Product Liabilty G 4400ther Civil Rights O 540 Mandamus & Other 0730 Labar Management Declaratory relaf and stale law claims O 290 All Other Real Property @ S550CMi Rights for defamation Raporting & Disclosure Act @ 740 Ralhway Labor Act @ 780 Other Labor Lilgalion 0751 Employee Ret. inc, Security Aci B “AorB 870 Taxes (U.S. Plainiltf or Oefendant) 471 IRS-Third Party 28 USC 7808 Vi. ORIGIN x1. Original 0 2. Removed from 03.Remanded from 4. Refilled 6. Multidistrict Litigation O7. Appeal to District Judge from Proceeding State Court Appellate Court 01 5. Transferred from another district (Specify) Magistrate Judgment GLARENGE MAB Vil. REQUESTED CHECK IF THIS IS A O CLASS ACTION DEMAND $ QO Check she Aded ubx YES iN COMPLAINT O UNDER F.R.C.P. 23 complaint: JURY DEMAND: . go NO Vill. RELATED (See Instructions): (SEE ATTACHED) : CASE(S) IF ANY JUDGE KENNETH A. MARRA DOCKET NUMBER 08-CV-80119-MARRA-JOHNSON Jane Doe 2 v. Jeffrey Epstein 3-W-O*€ SIGNATURE OF ATTORNEY OF RECORD UNITED STATES DISTRICT COURT FOR OFFICE USE ONLY: Recelpt No. REV. 9/94 Date Paid: I 24 R64 6of6 HOUSE_OVERSIGHT_012649

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Another suit alleges sex during massage Page 1 of 2 @2) PRINTTHIS Palm Beach Post Staff Writer . - Browse Specials Thursday, March 06, 2008 2 Deals From Local Dealerships WEST PALM BEACH — Another woman filed a federal lawsuit against Jeffrey Epstein on Wednesday, alleging that he turned a massage she gave him at his Palm Beach mansion into a sexual episode when she was 16 years old. Identified as "Jane Doe No. 3," she is seeking more than $50 million, the same as a two other "Jane Does" who filed similar lawsuits in the past six weeks. All three suits were filed by Miami lawyer Jeffrey Herman. More crime coverage Herman subsequently withdrew the first Jane Doe's lawsuit because of squabbling by her parents over the litigation. The girl may refile the suit after she turns 18 in May and can make her own decisions, Herman said. Most recent headlines Fugitives | Sex offenders crime blog Ost Other alleged victims also have contacted him, Herman said. "I do anticipate more cases," he said. More local news Latest breaking news, photos and all of today's Post stories. Share This Story In the latest litigation, Jane Doe No. 3 alleges that she was recruited by a former college student, Haley Robson, to give Epstein a massage for money at his waterfront home late in 2004 or early in.2005. The lawsuit alleges that, while on the massage table, Epstein sexually touched Jane Doe No. 3, then masturbated. She is suing on grounds of sexual assault and intentional infliction of emotional distress. "She felt intimidated. She felt scared," Herman said. Jane- Doe No. 3 made only the one visit to Epstein's home, he said. “It's just another copycat lawsuit filed by the same lawyer who appears less interested in the truth than in grandstanding with these press conferences," said Jack Goldberger, one of Epstein's attorneys. "We now have sworn testimony that girls lied about their age to Jeffrey Epstein, and they were careful in being http://palmbeachpost.printthis.clickability.com/pt/cpt?action=cpt&title=Another-+tsuittalleg... 4/2/2008 HOUSE_OVERSIGHT_012651

Another suit alleges sex during massage Page 2 of 2 convincing that they were over the age of 18." Herman said Robson instructed Jane Doe No. 3, "When he asks how old you are, tell him 18 or 19 years old." But he said it doesn't matter. "They were underage girls," Herman said. "They were sexually assaulted." OS In addition to the civil lawsuits, Epstein was indicted on a single count of felony solicitation of prostitution in July 2006 after a lengthy Palm Beach Police Department investigation into his activities with underage girls at his home. A resolution has been delayed continually. The case is on Monday's court docket but is expected to be rescheduled once again. "One of the reasons (Jane Doe No. 3) came forward is she is tired of waiting for justice," Herman said. Find this article at: : http:/Awww.palmbeachpost.com/localnews/content/local_news/epaper/2008/03/06/s3b_epstein_0306.htmI? ; cxtype=rss&cxsvc=7&cxcat=76 Check the box to include the list of links referenced in the article. http://palmbeachpost printthis.clickability.com/pt/cpt?action=cpt&title=Another+suittalleg... 4/2/2008 . HOUSE_OVERSIGHT_012652

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Jay Lefkowitz/New To Ami Sheth/New York/Kirkland-Ellis@K&E York/Kirktand-Eli Sent by: Kasin AndarsarvNee cc Eugene Kornel/New York/Kirkland-Ellis@K&E York/Kirkland-Ellis bcc 12/12/2007 04:20 PM Subject Fw: Epstein ~— Forwarded by Kristin Andersen/New York/Kirkland-Ellis on 12/12/2007 04:19 PM —-- “Sloman, Jeff (USAFLS)" ns To “Jay Lefkowitz" isn 11/27/2007 01:55 PM co "Acosta, Alex (USAFLS)" i Subject Epstein 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 secure 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 to nearly the entire Epstein defense team including Guy Lewis, Lili Ann 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 tights 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, I 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, Jeff HOUSE_OVERSIGHT_012654

TAB 35 HOUSE_OVERSIGHT_012655

KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS 777 South Figueroa Street Los Angeles, Califomla 90017 Kenneth W. Starr PF Facsimile: To Call Writer Directly: (213) 680-8500 www.kiddand.com November 28, 2007 VIA FACSIMILE Honorable Alice S. Fisher Assistant Attorney General Department of Justice Criminal Division 950 Pennsylvania Avenue NW Room 2107 Washington, DC 20530 Re: Jeffrey Epstein Dear Ms. Fisher: « T represent Jeffrey Epstein, who, as you may be aware, was the target of a dual investigation by both state and federal authorities in Florida for acts relating to his interactions with numerous young women. As you may also be aware, Mr. Epstein has entered into a Deferred Prosecution Agreement (the “Agreement”) with the United States Attorney’s Office for the Southern District of Florida (the “USAO”) to resolve its criminal investigation of him. I am writing to. request a meeting with you to discuss certain aspects of this case that I find especially troublesome. As part of the agreement Mr. Epstein was required to sign to avoid a federal indictment, Mr. Epstein was required to waive jurisdiction and liability under 18 U.S.C. §2255 for the _ Settlement of monetary claims that might-be made by a group of unidentified alleged victims who will be identified by the USAO at some point in the future. Neither I, nor any of the other defense lawyers involved in this matter, have ever héard of sucha procedure. And as part of this Agreement, Mr. Epstein is precluded from contesting liability as to civil lawsuits secking monetary compensation for damages brought by any of the identified individuals who elect to : settle their civil claims for the statutory minimum of either $50,000 (the amount set by Congress as of the date of the occurrences) or $150,000 (the amount currently set by statute) or some other agreed upon damage amount. ‘We believe that the utilization of 18 U.S.C. § 2255 asa pre- condition of criminal plea agreements or nhon-prosecution agreements is highly unusual and requires careful consideration and additional guidance by your Office. We also believe that the . : \ Chicago Hang Kong London Munich New York . San Francisco Washington, D.C. HOUSE_OVERSIGHT_012656

—, ' KIRKLAND & ELLIS Honorable Alice S. Fisher November 28, 2007 Page 2 manner in which the USAO has interpreted the settlement process for these identified individuals under the Agreement requires guidance. These areas are more fully detailed below.* First. Federal criminal investigators and prosecutors should not be in the business of promoting civil lawsuits as a condition precedent to entering non-prosecution or deferred. prosecution agreements. This is especially true where the vehicle for the financial settlement under the Agreement requires payment in a lump sum without requiring proof of actual injury or loss — federal authorities should therefore be particularly sensitive to avoid causing a prejudiced and unfair result. 18 U.S.C. § 2255 is a civil statute implanted in the criminal code; in contrast to all other criminal restitution statutes, § 2255 fails to correlate payments to specific injuries or losses. Instead, the statute presumes that victims have sustained damages of at least a minimum lump sum without regard to whether the complainants suffered actual medical, psychological or other forms of individualized harm. We presume that it is for this reason that 18 U.S.C. § 2255 has never before been employed in this manner in connection with a non-prosecution or, as here, a deferred prosecution agreement. In short, the USAO is operating in uncharted territory. Second, 18 U.S.C. § 2255 creates the potential for compromising witness testimony. Although generally the Government may promise or provide traditional consideration to potential witnesses, employing a civil statute that promises a lump sumi payment to potential Witnesses without proof of actual liability or damage provides an extraordinary incentive that is incompatible with the truth-seeking functions of the criminal justice system. Guidelines or other policy directives should be considered to control the extent to which witnesses are informed by - investigators about the availability of such financial windfalls. Additionally, an inquiry is necessary in this specific case to assure that disclosures to potential witnesses did not undermine the reliability of the results of the federal criminal investigation of Mr. Epstein. Third. The USAO has provided no information as to the specific claims made by each identified individual, nor were we provided the names or ages of those individuals or the time-frame of the alleged conduct. The USAO’s reluctance to provide Mr. Epstein with any information with respect to the allegations against him leaves wide open the opportunity for misconduct by federal investigators. In addition, this information vacuum eliminates the ability for Mr. Epstein and/or his agents to verify that the allegations at issue are grounded in real evidence. Indeed, the requirement that a target of federal criminal prosecution agree to waive his tight to contest liability as to unnamed civil complainants creates at minimum an appearance of injustice, both because of the obvious Due Process concems of waiving rights without notice of * In addition to the areas identified below, it was and remains our position that federal prosecution of this matter is entirely inappropriate based on the prior application and legislative histories of the relevant federal statutes. HOUSE_OVERSIGHT_012657

KIRKLAND & ELLIS Honorable Alice S. Fisher November 28, 2007 Page 3 even the identity of the complainant(s) and because of the involvement of the federal criminal justice system in civil séttlements between private individuals. Fourth. The USAO has improperly insisted that the chosen attorney representative should be able to litigate the claims of individuals, which violates the terms of the Agreement and deeply infringes upon the spirit and nature of the Agreement. Initially, for the sake-of expediting a settlement in this matter, we suggested that Mr. Epstein establish a restitution fund specifically for the settlement of the identified individuals’ civil claims and that an impartial, independent representative be. appointed to administer that fund. Notably, such a restitution fund was created in a federal case, U.S. v. Boehm, Case No. 3:04CR00003 (D. Alaska 2004). The federal prosecutors here rejected this idea, and they insisted that an attorney representative, paid for by Mr, Epstein, be appointed. Yet, there was ho suggestion at the time that the attomey representative’s duties included litigating claims on behalf of the identified individuals. However, after the parties agreed to the appointment of an attorney representative, the prosecutors announced that the criteria for choosing an appropriate attorney representative now includéd that the individual be “a plaintiffs lawyer capable of handlirig multiple lawsuits against high profile attorneys.” This interpretation of the scope of the attorney representative’s ole is far outside the common understanding that existed when we negotiated Mr. Epstein’s settlement with the USAO. Furthermore, we firmly believe that ethics rules preclude the representative from litigating claims on behalf of the identified individuals. In sum, we believe that the actions undertaken in this matter by the USAO with respect to the 18 U.S.C. § 2255 provisions of the Agreement are highly unusual. We respectfully request a meeting with you at your earliest convenience to discuss the important issues raised by the USAO’s conduct in this deeply policy-laden matter. Sincerely, MD WS. Kenneth W. Starr HOUSE_OVERSIGHT_012658

11/28/07 WED 09:19 FAX 1 213 680 8500 KIRKLAND&ELLIS LLP (qj001 SHEXSHELES ESTE TE TTCAS BEE TX REPORT #22 ¥ELAEASRESETSELTS ATT SS TRANSMISSION OK TX/RX NO CONNECTION TEL 912025149412 SUBADDRESS CONNECTION ID ST. TIME 11/28 09:17 USAGE T_ 01°57 PGS. 4 RESULT OK KIRKLAND & ELLIS LLP Fax Transmittal 777 South Figueroa Street Los Angeles, Califomia 90017 Phone: (213) 680-8400 Fax: (213) 680-8500 Please notify us immediately.if any pages are not received. * . THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY - BE ATTORNEY-CLIENT. PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND ’ 1S INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, ' PLEASE NOTIFY US IMMEDIATELY AT: — (213) 680-8400. To: ' Company: Hon. Alice S. Fisher | Department of Justice From: ~ Dates — , Pages wicover: Kenneth W. Starr @ November 28, 2007 ' 4 Message: HOUSE_OVERSIGHT_012659

TAB 36 HOUSE_OVERSIGHT_012660

oof "Villafana, Ann Marie C. (USAFLS)" To "Jay Lefkowitz" cc "Sloman, Jeff (USAFLS)" "Acosta, Alex (USAFLS)” bec 11/28/2007 04:46 PM Subject Epstein: Victim Notification Letter Dear Jay: Jeff asked that I forward the victim notification letter to you. It is attached. Thank you. <<Victim Notification Ltr.pdf>> A. Marie Villafania Assistant U.S. Attorney 900 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 I Victim Notification Ltr.pdf HOUSE_OVERSIGHT_012661

AN U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (861) 820-8777 November 29, 2007 DELIVERY BY HAND Miss Re: Crime Victims’ Rights — Notification of Resolution of Epstein Investigation 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 sight 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 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. /ill plead guilty to two state offenses, includi which will require him to register as HOUSE_OVERSIGHT_012662

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 h if you elect to jages 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 anticipate that someone from their law firm will be contacting you shortly. ‘must also advise you that you are not obligated to use these attorneys. In fact, you have the absolute right to select your own attorney, so you can decide not to speak with Mssrs. Podhurst/ losefsberg at all, or you can speak with them and decide at any tim i § § . 4 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 11F at the Palm Beach County Courthouse, 205 North Dixie Highway, West Palm Beach, Florida. Pursuant t i Sections 960.001 (1)(k) and 921.143(1) gat: 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. FI. 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 HOUSE_OVERSIGHT_012663

Miss NOVEMBER 29, 2007 PAGE 3 4. Your e-mail address 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 investigation. If you have any questions or concerns, please do not hesitate to contact me or Special Agent Nesbitt Kuyrkendall at (561) 822-5946. Sincerely, R. Alexander Acosta United States Attorney By: A. Marie Villafafia Assistant United States Attorney cc: Special Agent Nesbitt Kuyrkendall, F.B.1. Ms. Clearetha Wright, Victim-Witness Coordinator, U.S. Attorney’s Office HOUSE_OVERSIGHT_012664

TAB 37 HOUSE_OVERSIGHT_012665

cc "Oosterbaan, Andrew" 02/27/2008 09:45 PM bec Subject Fw: Epstein Sent from my BlackBerry Wireless Handheld ----- Original Message ----- From: Jeffrey Sloman To: Sloman, Jeff (USAFLS) Sent: Wed Feb 27 21:37:02 2008 Subject: Epstein Jay, You have renewed your request for certain information which this Office does not generally make available in similar pre-indictment situations. After carefully considering your request, I have decided, in my capacity as the First Assistant U.S. Attorney, not to make an exception here. Regarding the Landon Thomas matter, Mr. Thomas was given, pursuant to his request, non-case specific information concerning specific federal statutes. Regarding the offer to extend the current deadline of March 3, 2008 contained in my February 25th email. That offer was based on counsel for Mr. Epstein meeting with CEOS the week of March 3rd. You indicate that you are unavailable. It is hard to imagine that some or all of the other attorneys representing Mr. Epstein cannot serve this function. After all, Mr. Epstein is also represented by Dean Kenneth Starr, Martin Weinberg, Roy Black, Gerald Lefcourt, Harvard Professor Alan Dershowitz, Lily Ann Sanchez, and Guy Lewis. That being said, the Southern District of Florida will only renew the offer to extend the current deadline if you and the CEOS Section Chief mutually agree on a timetable by close of business on Friday, February 29, 2008 to meet and complete presentations no later than March 19, 2008. Given that CEOS is ready to proceed immediately, this seems like more than ample time. As I indicated in my previous email, if CEOS subsequently decides that a federal prosecution should not be undertaken against Mr. Epstein, this Office will close its investigation. However, should CEOS disagree with Mr. Epstein’s position, Mr. Epstein shall have one week to abide by the terms and conditions of the September 24, 2007 Agreement as amended by letter from United States Attorney Acosta. HOUSE_OVERSIGHT_012666

ia Me Jeffrey H. Sloman First Asst. US Attorney Southern District of Florida HOUSE_OVERSIGHT_012667

TAB 38 HOUSE_OVERSIGHT_012668

[dj001/006 05/16/2008 11:16 FAX Boor 05/16/08 FRI 11:08 FAX a § SNITED STATES DEPARTMENT OF J USTICE Criminal Division Chita Exploitation and Obscenity Section 1400 New York Avenue, NW oe ‘CEOS: (202) 5 14-5780 Suite 600 . Washington, DC eyes OL ee PAX: (202) 514-1793 FO: ~R. Alexander Acosta, Esq. . Jay Lefkowitz, Esq. . OFFICE NUMBER: FROM: Alexandra Gelber. DATE/TIME: . May 16, 2008 . OFFICE NUMBER: = (202) 514-5780 | NUMBER OF PAGES, EXCLUDING THIS SHEET: 5 ‘SPECIAL INSTRUCTIONS: — HOUSE_OVERSIGHT_012669

0027006 05/16/2008 11:16 FAX gooz a 05/16/08 FRI 11:08 FAX U.S, Department of Justice Criminal Division Andrew G, Oosterbaan, Chief 1460 New York Avanue, NW Suite 600 Washington, DC 20530 (202) 514-8780 FAN: (202) §}4-1793 Child Exploitation and Obscenity Section May 15, 2008 Jay Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center | 153 E. 53™ St. New York, NY 10022-4611 Re: Investigation of Jeffery Epstein Dear Mr. Lefkowitz: Pursuant to your request and the request of U.S. Attorney R. Alexander Acosta, we have independently evaluated certain issues raised in the investigation of Jeffrey Epstein to determine federal prosecution. We have discussed the factual and legal issues you raise with the Criminal Division’s Appellate Section, and we consulted with the Office of Enforcement Operations concerning the petite policy. We are examining the narrow question as to whether there is a legitimate basis for the U.S. Attorney’s Office to proceed with a federal prosecution of Mr. Epstein. Ultimately, the prosecutorial decision making authority within a U.S, Attomey’s Office lies with the U.S. Attommey. Therefore, to borrow a phrase from the case law, the question we sought to answer was whether U.S, Attemey Acosta would abuse his discretion if he authorized prosecution in this case. As you know, our review of this case is limited, both factually and legally. We have not looked at the entire universe of facts in this case. It is not the role of the Criminal Division to re- conduct a complete factual inquiry from scratch. Furthermore, we did not analyze any issues _ concerming prosecution under federal Statutes that do not pertain to child exploitation, such as the money laundering statutes, HOUSE_OVERSIGHT_012670

{2003/7006 05/16/2008 11:16 FAX 003 05/16/08 FRI 11:08 FAX As was made clear at the outset, we did not review the facts, circumstances, or terms included in the plea offer, nor any allegations that individuals involved in the investigation engaged in misconduct. Despite that agreement, we note that your letters of April 8, April 28, and May 14 focus in large part on accusations of investigative or prosecutorial misconduct. Not only do allegations of prosecutorial misconduct fall outside the boundary of our agreed review, they also fall outside the authority of the Criminal Division in the first instance. Simply, the Criminal Division does not investi gate or resolve allegations of professional misconduct by federal prosecutors. For these Teasons, we do not respond to the portion of those letters that discuss alleged misconduct, Based on our review of all of these materials, and after careful consideration of the issues, we conclude that U.S. Attomey Acosta could properly use his discretion to authorize prosecution in this case. We will briefly address each of the issues that you have raised, Knowledge of age. Federal child exploitation statutes differ as to whether there must be proof that the defendant was aware that the children were under the age of 18. However, even for those statutes where knowledge of age is an element of the offense, it is possible to satisfy that element with proof that the defendant was deliberately ignorant of facts which would suggest that the person was a minor. For that reason, the fact that some of the individuals allegedly lied to Mr. Epstein about their age is not dispositive of the issue. While there may be an open factual issue as to Mr. Epstein’s knowledge, we cannot say that it would be impossible to prove knowledge of age for any such charges which require it. Therefore, Mr. Acosta could rightfully conclude that this factual issue is best resolved by a jury. Travel for the purpose. In the materials you prepared, you suggest that Mr. Epstein should not be charged with violating 18 U.S.C. § 2423(b) because his dominant purpose in going to Florida was not to engage in iNegal sexual activity, but rather to return to one of his residences, While we fully understand your argument, we also find that the U.S. Attorney’s office has a good faith basis fully to develop the facts on this issue and brief the law to permit a court to decide whether the law properly reaches such conduct. Mr. Acosta would not be abusing his discretion if he decided to pursue such a course of action, 2 HOUSE_OVERSIGHT_012671

2] 004/006 05/16/2008 11:16 FAX ioe 05/16/08 FRI 11:09 FAX 80 novel as to implicate the so-called “‘clear statement rule,” the Ex Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect to 18 U.S.C, § 1591, the alleged absence of the use of force, fraud, or coercion is of no moment. The statute does not require the use of force, fraud, and coercion against minors. Because of their age, a degree of coercion is presumed. In your materials, you note that the statute requires that the minors must be “caused” to engage ina conunercial sex act, further arguing that the word “cause” suggests that a certain amount of undue influerice was used, We reject that interpretation, as it would read back into the offense an element-coercion—that Congress has expressly excluded. We have successfully prosecuted | defendants for the commercial sexual exploitation of minors, even when the minors testified that not only did they voluntarily engage in the commercial sex acts, it was their idea to do so. As such, Mr. Acosta could properly decide to pursue charges under Section 1591 even if there is no evidence of coercion. More broadly, a defendant’s criminal liabili ty does not hinge on his victim i dentifying as having suffered at his hands. Therefore, a prosecution could proceed, should Mr. Acosta decide to do so, even though some of the young women allegedly have said that they do not view themselves as victims, Witness credibility. As all prosecutors know, there are no perfect witnesses. Particularly in Cases involving exploited children, as one member of your defense team, Ms, Thacker, surely knows from her work at CEOS, it is not uncommon for victim-witnesses to give conflicting statements. The prosecutors are in the best position to assess the witness's credibility, Often, the Prosecutor may decide that the best approach is to present the witness, let defeuse counsel explore the credibili ty problems on cross-cxamination, and let the jury resolve the issue. Mr. Acosta would be within his authority to select that approach, especially when here there are nuultiple, mutually-corroborating witnesses. Contradictions and omissions in the search warrant application, We have carefully reviewed the factual issues you raise conceming the search warrant application. For a search warrant to be suppressed, however, the factual errors must be material, and the officers must nor have proceeded in good faith, Despite the numerous factual errors you describe, the U.S. Attomey’s Office could stil] plausibly argue that the mistakes—whether inadvertent or intentional—were not material to the determination that probable cause existed for a search, and that the search was in good faith in any event. As such, Mr. Acosta could properly elect to defend the search warrant in court rather than forego prosecution. Petite Policy: After reviewing the petite policy and consulting with the Office of Enforcement Operations (“OEO”), we conclude that the petite policy does not prohibit federal prosecution in this case, According to the U.S. Attomey’s Manual, the petite policy “applies whenever there has been a prior state or federal prosecution resulting in an acquittal, a conviction, including one resulting from a plea agreement, or a dismissal or other termination of 3 HOUSE_OVERSIGHT_012672

[41005/006 05/16/2008 11:17 FAX os 05/18/08 FRI 11:09 FAX the case on the merits after jeopardy has attached.” USAM 9-2.03 W(C). Our understanding is - that the state case is stil] pending. As such, the procedural posture of the state case does not implicate the petite policy. the policy “does not apply ... where the [state] prosecution, involved only 4 minor part of the contemplated federal charges.” USAM 9-2.03 1(B). Based on our understanding of the possible federal charges and existing state charges, we do not think the petite policy would be an issue should federal proceedings take place, Federalism and Prosecutorial Discretion. All of the above issues essentially ask whether a federal prosecution can proceed. We understand, however, that you also ask whether a federal prosecution skoudd proceed, even in the event that all of the elements of a federal offense could be proven. On this issue, you raised two arguments: thal the conduct at issue here is traditional ly a4 state concern because the activity is entirely local, and that the typical prosecution under federal policy that a United States Attomey’s Office should not pursue a prosecution. We do not think Simply, the commercial sexual exploitation of children is a federal concern, even when the conduct is local, and tegardless of whether the defendant provided the child (the “pimp”) or fraud, or coercion was used. Indeed, the point being made in that letter is that the Department’s efforts are Properly focused on the commercial sexual exploitation of children and the exploitation of adults through the use of force, fraud, or coercion, As such, there is no inconsistency between the position taken in that letter and the federal prosecution of wholly local instances of the commercial Sexual exploitation of children, If Congress wanted to limit the reach of federal statutes only to those who profit from the commercial sexual exploitation of children, or only to those who actually traffic children across state lines, it could have done so. It did not. Finally, that a prosecution of Mr. Epstein might not look precisely like the cases that came before it is not dispositive, We can say with confidence that this case is consistent in principle with other federal prosecutions nationwide. As such, Mr, Acosta can soundly exercise his authority to decide to pursve 4 prosecution even though it might involve a novel application of a federal statute, Conclusion. After carefully considering all the factual and legal issues taised, as well as the arguments concerning the general propriety of a federal case against Mr. Epstein on these 4 HOUSE_OVERSIGHT_012673

kj006/006 05/16/2008 11:17 FAX Bons 05/16/68 FRI 11:10 FAX facts, we conclude that federal prosecution in this case would not be improper or inappropriate, While you raise many compelling arguments, we do not see anything that says to us categorically that a federal case should not be brought. Mr. Acosta would nat be abusing his prosecutorial discretion should he authorize federal prosecution of Mr. a a cc: AAG Alice S. Fisher DAAG Sigal P. Mandetker ( U.S. Attorney R. Alexander Acosta HOUSE_OVERSIGHT_012674

TAB 39 HOUSE_OVERSIGHT_012675

Jay Lefkowitz/New To Ami Sheth/New York/Kirkland-Ellis@K&E Sent byt Kilt Areiersen iRexe ce Eugene Kornel/New York/Kirkland-Ellis@K&E York/Kirkland-Ellis bec 42/12/2007 04:19 PM Subject Fw: Epstein ----~ Forwarded by Kristin Andersen/New York/Kirkland-Ellis on 12/12/2007 04:19 PM ----- Jay Lefkowitz/New York/Kirkland-Ellis To "Sloman, Jeff (USAFLS)" 11/28/2007 04:29 PM cc "Acosta, Alex (USAFLS)" Subject Re: Epstein) Dear Jeff: I received your email yesterday and was a little surprised at the tone of your letter, given the fact that we spoke last week and had what I thought was a productive meeting. I was especially surprised given that your letter arrived on only the second day back to work after the Thanksgiving Holiday, and yet your demands regarding timing suggest that I have been sitting on my hands for days. You should know that the first time I learned about Judge Davis’s selection of Podhurst and Josephsberg, and indeed the first time I ever heard their names, was in our meeting with you on Wednesday of last week. Nevertheless, I have now been able to confer with my client, and we have determined that the selection of Podhurst and Josephsberg are acceptable to us, reserving, of course, our previously stated objections to the manner in which you have interpreted the section 2255 portions of the Agreement. We do, however, strongly and emphatically object to your sending a letter to the alleged victims. Without a fair opportunity to review and the ability to make objections to this letter, it is completely unacceptable that you would send it without our consideration. Additionally, given that the US Attorney’s office has made clear it cannot vouch for the claims of the victims, it would be incendiary and inappropriate for your Office to send such a letter. Indeed, because it is a certainty that any such letter would immediately be leaked to the press, your actions will only have the effect of injuring Mr. Epstein and promoting spurious civil litigation directed at him. We believe it is entirely unprecedented, and in any event, inappropriate for the Government to be the instigator of such lawsuits. Finally, we disagree with your view that you are required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 USC section 2255, the relevant statute under the Non-Prosecution Agreement for the settlement of civil remedies, does not have any connection to the Justice for All Act. Section 2255 was enacted as part of a different statute. Second, the Justice for All Act refers to restitution, and section 2255 is not a restitution statute. It is a civil remedy. As you know, we had offered to provide a restitution fund for the alleged . HOUSE_OVERSIGHT_012676

AE AOE UAYAL AMMO) 2RO YUU RU TY, WO MEU UL WU PLU LUN @ LOL U LULU LU LUN age victims in this matter; however that option was rejected by your Office. Had that option been chosen, we would not object to your notifying the alleged victims at this point. At this juncture, however, we do not accept your contention that there is a requirement that the government notify the alleged victims of a potential civil remedy in this case. Accordingly, for all the reasons we have stated above, we respectfully -- and firmly -- object to your sending any letter whatsoever to the alleged victims in this matter. Furthermore, if a letter is to be sent to these individuals, we believe we should have a right to review and make objections to that submission prior to it being sent to any alleged victims. We also request that if your Office believes that it must send a letter to go to the alleged victims, who still have not been identified to us, it should happen only after Mr. Epstein has entered his plea. This letter should then come from the attorney representative, and not from the Government, to avoid any bias. As you know, Judge Starr has requested a meeting with Assistant Attorney General Fisher to address what we believe is the unprecedented nature of the section 2255 component of the Agreement. We are hopeful that this meeting will take place as early as next week. Accordingly, we respectfully request that we postpone our discussion of sending a letter to the alleged victims until after that meeting. We strongly believe that rushing to send any letter out this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even enter his plea for another few weeks, time is clearly not of the essence regarding any notification to the identified individuals. Thanks very much, Jay “Sloman, Jeff (USAFLS)" To “Jay Lefkowitz" . 11/27/2007 01:55 PM ce "Acosta, Alex (USAFLS)" Po Subject Epstein 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 secure 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°, HOUSE_OVERSIGHT_012677

you and Professor Dershowitz seemed very comfortable, and certainly not surprised, with the selection. Podhurst and Josephsberg are no strangers to nearly the entire Epstein defense team including Guy Lewis, Lili Ann 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, I 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, Jeff HOUSE_OVERSIGHT_012678

TAB 40 HOUSE_OVERSIGHT_012679

**TAX MATTERS- IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. If you would like such advice, please contact us.*** *** Attention: The information contained in this E-mail message is attorney privileged and confidential information intended only for the use of the individual(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please contact the sender by reply E-mail and destroy all copies of the original message. Thank you. “= Message from "A. on Fri, ----- To: "Lilly Subject: Menchel Dear Lilly: Thank you for your letter of August 2nd regarding your proposal on how to resolve the Epstein matter. ‘ As we explained at our meeting on July 31, 2007, the Office believes that the federal interest will not be vindicated in the absence of a two-year term of state imprisonment for Mr. Epstein. That offer was not meant as a starting point for negotiations, it is the minimum term of imprisonment that will obviate the need for federal prosecution. The Office has never agreed that a state prison sentence is not appropriate for Mr. Epstein. Rather we simply stated that if Mr. Epstein preferred to serve his sentence in a federal penetentiary, we would be willing to explore a federal conviction that may allow that in lieu of any state resolution. Further, as I made clear in HOUSE_OVERSIGHT_012680

our follow up telephone conversation after the meeting, a plea to two federal misdemeanors was never extended or meant as an offer. We also would reiterate that the agreement to Section 2255 liability applies to all of the minor girls identified during the federal investigation, not just the 12 that form the basis of an initial planned charging instrument. As you know, the ability to engage in flexible plea negotiations is dramatically changed upon the return of an indictment. Once an indictment is returned, the Office does not intend to file a Superseding Information containing a lesser charge or to dismiss the case in favor of state prosecution. Please let us know your client’s decision by no later than August 17. I have conferred with U.S. Attorney Acosta who has asked me to communicate that the two-year term of incarceration is a non-negotiable minimum to vindicate a federal interest, and, at this time, he is not inclined to meet with counsel for Mr. Epstein. Sincerely, R. Alexander Acosta United States Attorney By: Matthew Menchel — Chief, Criminal Division cc: Roy Black Gerald Lefcourt R. Alexander Acosta Jeffrey Sloman Andrew Lourie A. Marie Villafafia Margot Moss, Esq. Fowler White Burnett, PA Espirito Santo Plaza 1395 Brickell Avenue, 14th Floor Miami, FL 33131 HOUSE_OVERSIGHT_012681

TAB 41 HOUSE_OVERSIGHT_012682

To “Jey Leto" cc 10/31/2007 04:33 PM . bec 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. Jeff HOUSE_OVERSIGHT_012683