'Acosta, Alex XUSAFLST cAlexAcoMeOusdotgov, 09232007 1223 PM cc <Andrew.Loune2@usck SAFLSI" bcc Subject Re: Jaffrey Epstein - confidential Apologies - a. Call on our side. Jay - marie will get back to you. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) <[email protected]> To: 'JLefkowitzfikirkland.come CC: <[email protected]>: . (USAFLS) a ana usa. o .gov> Sent: Sun Sep 23 12:22:46 2007 Subject: Re: Jeffrey Epstein - confidential Can we do a conf call? Sent from my BlackBerry Wireless Handheld Original Message ev> US_Atty_Cor_0093 EFTA00235419

0 US_Atty_Cor_0094 EFTA00235420

3 (3 US_Atty_Cor_0095 EFTA00235421

• 1 • t US_Atty_Cor_0096 EFTA00235422

OnW 09/23/2007 04:04 PM To "Jay Lefkowite cc "AM Shah" <est C. (usAns)" u bcc Subject Re: Draft Agreement Here is the most recent version. I noticed that the font size kept changing throughout, so I put it all in Times New Roman 13pt. I am attaching in Word Perfect, Word, and PDF. -- Original Message — IPSIMINIM ina4101.111P0, 0".W.40.!?yejlt4,14 - • ' • - . allaggris 111111101. 11. 11111. 1" Milleal US_Atty_Cor_0097 EFTA00235423

E rd Street j New York, NY 10022 Direct 1212-446-6460 Fax I [email protected] *Admission Pending in New York [attachment "20070923 Draft of Epstein Non-Prosecution Agreement (without Term 1) (Redlined).doc" deleted by Jay Leflcowitz/New York/Kirkland-Ellis] Mt* 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 postmasta@kinclancLca and destroy this communication'and all copies thereof, including all attachments. ***** corn ment 070. .1c costa Non-Prosecution Agreementdocs has been archived by user 'CommonStore/IT/Kiridand-Ellis' on '11/26/2007 01;19:45% >>> «C Attachment '070923 Epstein Non-Prosecution Anreementmdf has been archived by user 'CommonStore/IT/Kirkland-Ellis' on '11/26/2007 01:19:45'. ,» .jtshatachrdenaf spdleinlitu -Prosecution cc t b;nflmarQomma n MOWN" 91:19:46'. >>> US_Atty_Cor_0098 EFTA00235424

IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses committed by Epstein against the United States from in or around 2001 through in or around October 2005, including: (I) (2) (3) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18; United States Code, Section 371; • knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual Page 1 of 6 US_Atty_Cor_0099 EFTA00235425

conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on information he deems reliable, that Epstein has violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding Page 2 of 6 US_Atty_Cor_001 00 EFTA00235426

recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) (b) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraph 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad !item for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be Page 3 of 6 US_Atty_Cor_001 01 EFTA00235427

construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 19, 2007, and shall self-report to begin serving his sentence not later than December 10, 2007. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal char esitsin any potential co-conspirator of E tein including but g not limited to Lesley Groff, or . Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a Page 4 of 6 US_Atty_Cor_001 02 EFTA00235428

breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. /// /I/ //I Page 5 of 6 US_Atty_Cor_001 03 EFTA00235429

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: Dated: Dated: Dated: By:morimm---- ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_001 04 EFTA00235430

Jay - 'Acosta, Alex To %(USAFLEAr <AlexAcosta& MUSAFIST edol.gov> cc 09/23/2007 04:33 bcc PM Subject Re: I do not mean to be difficult, but our negotiations must take place with the AUSAs assigned to the case. and III have discussed this matter at length with me an several others in the office several times, inclduing today. They have discretion to proceed as they believe just and appropriate. I will be out of pocket much of monday on travel. I know that you and others will be here and want to make Iiii sure t my absence do not cause any delays. and have authority to proceed as they, in e onal opinion, consider best. Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz > To: Acosta, Alex (USA < cos a usa. o .gov> Sent: Sun Sep 23 14:11:57 2007 11.111111111111111111111111e US_Atty_Cor_001 05 EFTA00235431

The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_001 06 EFTA00235432

J.govs• 09/23/2007 06:52 PM To [email protected]> cc boc Subject Revised agreemeM Hi Jay- Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. <<070923 Epstein Non-Prosecution Agreement finni.pcii%* AVachment '07092a Epstein Non-Prosecution Agreement tinal.odr has been archived by user 'CommonStore/IT/KIddend-Ellis' on 11/28/2007 01;19:68i, »> US_Atty_Cor_001 07 EFTA00235433

IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(6) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 6 US_Atty_Cor_00108 EFTA00235434

of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that. the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein' s background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of R.. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. a IMP If the United States Attorney should determine, based on reliable evidence, that Epstein has willfully violated any of the conditions of this Agreement, then the United States Attorney may at any time initiate prosecution against Epstein for any offense. In this case, the United States Attorney will furnish Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to Page 2 of 6 US_Atty_Cor_001 09 EFTA00235435

be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to plead to any additional charge(s) or from recommending any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 0 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding Page 3 of 6 US_Atty_Cor_001 1 0 EFTA00235436

this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 26, 2007, and shall self-report to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the tights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an account of the gain time he earned during his period of incarceration. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, i f Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal char es co-conspiratorifisein including but not limited to Lesley Groff, or NM. Further, upon execution o this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 4 of 6 US_Atty_Cor_00111 EFTA00235437

By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. a By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the =owl shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. III Ill Page 5 of 6 US_Atty_Cor_00112 EFTA00235438

a 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: ASSISTANT U.S. ATTORNEY Dated: Dated: Dated: JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN JACK GOLDBERGER, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_00113 EFTA00235439

09/23/2007 08:04 PM To "Jay Loiko?.itz" < cc bcc Subject RE: Revised agreement Yes. Where would you like me to call you? XUSAnStr ii ovl Sent 09/2312607 PM AST To: Jay Lefkowitz Subject: Revised agreement Hi Jay — Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. «070923 Epstein Non-Prosecution Agreement final.pdP'> *•**************************************************** ***** The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. US_Atty_Co r_0011 4 EFTA00235440

War, 0923/2007 08:04 PM To "Jay Lefkowitz" siLarkovateaktriciand.ca cc boc Subject RE: Revised agreement 1 is definitely under 18 still, and I think there Is a second minor. The appointment of the guardian ad Rem 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 I get to pick the attorney), that is alright with me. 111111 -11 Sent 09/23/2007 06:52 PM AST To: Jay Lefkowitz Subject: Revised agreement Hi Jay - Can you look at this? Especially paragraph 7. I think this covers the exclusive remedy concern you had. «070923 Epstein Non-Prosecution Agreement tinal.pdf» ****************************************************** *it** 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 =lawful. If you have received this US_Atty_Cor_00115 EFTA00235441

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. ****************************************** ****** t***•• US_Atty_Cor_00116 EFTA00235442

Wawa 09/23/2007 08:37 PM To 'Jay LeOcolMte [email protected] cc bcc Subject RE: A trustee means there is a trust that has been approved by a court and that the court has appointed a trustee. That doesn't apply here. I cannot bind the girls to a trust. If a guardian is appointed, the girls elect to use him as their attorney and they all agree that a trust is in their beat interests, that is their decision, not mine. I would not be making the motion for appointment of the guardian under 17(c) anyway. 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 a Ellis LLP or Kirkland i Ellis International LLP. US_Atty_Cor_00117 EFTA00235443

Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. US_Atty_Cor_00118 EFTA00235444

"Villafanan 09,23/2007 08:58 PM To 'Jay Letkowite <Jletkowitzekirkland.com> cc bcc Subject Epstein agreement Hi Jay— Here are the revisions that I agree with and those I don't. We have been over paragraph 6 an infinite number of times. It is factually accurate that the list we are going to give you are persons we have identified as victims. If we did not think they were victims, they would have no right to bring suit, regardless of whether your client is willing to waive liability or not. I have not balked about giving your client yet another month to self-surrender, so please let us just put this to rest. I changed the amount of time for the US to notify you of breach to take into account the fact that this agreement will not be completed within 30 months of execution (because of the lengthy delay before self-surrender) and to give us a 6 month windowin case we discover a violation after Mr. Epstein is released. Ido not care if you want to call the appointed person a" representative" instead of a guardian, so long as he/she is: (1) a lawyer, (2) independent; (3) selected by our Office or a federal judge; and (4) paid for by your client or by the federal court. I have sent this to Alex for his review. I have asked him to call me either late tonight or early tomorrow morning. When I get his comments, I will get back to you, probably tomorrow. Thank you. <<070923 Epstein Non-Prosecution Agreement final v2.pdf>> ssialiachinganuagauslisatennunith lane has been archived by user 'CommonStoie/IT/Kirkland-Ells' on '11/26/2007 01:20:2g, >» US_Atty_Cor_00119 EFTA00235445

IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(0, with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 6 US_Atty_Cor_001 20 EFTA00235446

of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(aX1) and 2; and IT APPEARING, after an investigation of the offenses and Epstein's background, that the interest of the United States pursuant to the Petite policy will be served by the following procedure; THEREFORE, on the authority of IL Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that Epstein has willfully violated any of the conditions of this Agreement, then the United States Attorney may, within forty (40) months of the execution of this Agreement, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation ofFlorida Statutes Section 796.03; 2. Epstein and the State Attorney's Office shall make a joint, binding recommendation that the Court impose a thirty (30) month sentence to Page 2 of 6 US_Atty_Cor_001 21 EFTA00235447

be divided as follows: (a) Epstein shall begin by serving eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding Page 3 of 6 US_Atty_Cor_001 22 EFTA00235448

this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall enter his guilty plea and be sentenced not later than October 26,2007, and shall self-report to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 11. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest, pursuant to the Petite policy. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any c • Satiatential co-conspiratciir but not limited to Lesley Groff, or Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held Page 4 of 6 US_Atty_Cor_001 23 EFTA00235449

in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for trateceqsary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Fl orida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running ofthe statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. /// / / / /// Page 5 of 6 US_Atty_Cor_001 24 EFTA00235450

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: Dated: Dated: Dated: By Nommor---- ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLYIII SANCHEZ, ESQ. ATTORNEY FOR JEt4•REY EPSTEIN Page 6 of 6 US_Atty_Cor_001 25 EFTA00235451

Zil=rusdo j.gov> 09/24/2007 09:36 AM To "Jay Lefkowite <[email protected] cc bcc Subject RE: Epstein 11:30 is fine. I am waiting for final edits from Alex. Can you send me all of the state agreements? My fax number is below or you can e-mail. Thanks. Villafafia Assista 0.S. A tor e 1m Beac , Original Messa e The information contained in this communication is confidential, may be attorney-client' privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, US_Atty_Cor_00126 EFTA00235452

and destroy this communication and all copies thereof, including all attachments. a US_Atty_Cor_001 27 EFTA00235453

09/24/2007 10:13 AM To "Jay Lefkowitt <[email protected]> cc bcc Subject Epstein agreement as reviewed by the U.S. Atter Hi Jay - Here is the agreement with Alex's edits. Thank you. <<070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf>> Assistant U.S. Attorney West Palm Beach, FL 33401 «< Attachment '070924 Epstein Non-Prosecution Agreement w Acosta edits %/Zoe has been archived by use& 'CommonStore4T/tarkland-Ellis' onillaWal0.7 01:21:11% >» US_Atty_Cor_001 28 EFTA00235454

IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 6 US_Atty_Cor_001 29 EFTA00235455

of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(cX1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in order to do so, he must undertake certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that were the subject of the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of Page 2 of 6 US_Atty_Cor_001 30 EFTA00235456

minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to eighteen (18) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) following the term of imprisonment, Epstein shall serve twelve (12) months of community control. 3. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration, and do not foreclose a Judge of the 15th Judicial Circuit from imposing a sentence in excess of the terms set forth above. 4. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 5. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering into those agreements. 6. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States will file a motion with the United States District Court for the Southern District of Florida for the appointment of a guardian ad litem for these persons. Epstein's counsel may contact the identified individuals through that guardian. 7. If any of the individuals referred to in paragraph (6), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives Page 3 of 6 US_Atty_Cor_001 31 EFTA00235457

his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified victim and Epstein, so long as the identified victim elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement is not to be construed as an admission of any criminal or civil liability other than that contained in 18 U.S.C. § 2255. 8. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 9. Epstein shall use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 10. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 11. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to Page 4 of 6 US_Atty_Cor_001 32 EFTA00235458

do so will be a breach of the agreement In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any • ' is tential co-conspiratoggkpstein, including but not limited to Lesley Groff, or Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successfhl completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. 0 By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the Page 5 of 6 US_Atty_Cor_001 33 EFTA00235459

subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. 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: Dated: Dated: Dated: By: ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY'. SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 6 of 6 US_Atty_Cor_001 34 EFTA00235460

To *Jay Letitowite co ill 'Weinberg' <osorrtgeorkinetattnet>, wSAR-ScArnallirniliGarcia. bcc Subject RE: Epstein agreement as reviewed by the U.S. Adorns, 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. WE US_Atty_Cor_001 35 EFTA00235461

Assistant U.S. Attorney West Palm Beach, FL 33401 CSIO AMS" @usdoj.gov> 09/24/2007 10:13 AM To "Jay Letkowitz" <Thefkowitzgdrkland.cont> cc Sub Epstein agreement as reviewed ject by the U.S. Attorney Hi Jay — Here is the agreement with Alex's edits. Thank you. US_Atty_Cor_001 36 EFTA00235462

<<070924 Epstein Non-Prosecution Agreement w Acosta edits v2.pdf>> Assistant U.S. Attorney West Palm Beach, FL 33401 W 824 Final Epstein Non-Prosecution Aoreementpdr hes been archived by user 'CommonStore/IT/Kirldend-Elnet on.. '11,26/2007 01:22;05% >>> US_Atty_Cor_001 37 EFTA00235463

IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(i), with minor females; in violation Page 1 of 7 US_Atty_Cor_001 38 EFTA00235464

of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affect►ng interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 US_Atty_Cor_001 39 EFTA00235465

Terms of the Agreement: 1. Epstein shall plead guilty (not nob contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMS) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence. 6. Epstein shall provide to the U.S. Attorney's Office copies of all proposed agreements with the State Attorney's Office prior to entering Page 3 of 7 US_Atty_Cor_00140 EFTA00235466

into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. A , 11. Epstein shall use his best efforts to enter his guilty plea and be sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not Page 4 of 7 US_Atty_Cor_00141 EFTA00235467

later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. - Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any cri ' tential co-conspirat • • ding but not limited to , Lesley Groff; or Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. By signing this agreement, Epstein asserts and certifies that each of these terms is Page 5 of 7 US_Atty_Cor_00142 EFTA00235468

material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. //I /I/ Page 6 of 7 US_Atty_Cor_00143 EFTA00235469

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: ASSISTANT U.S. ATTORNEY Dated: Dated: Dated: JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY IIKSANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 US_Atty_Cor_00144 EFTA00235470

09/24/2007 02:16 PM To "Jay Lefkowite cc bcc Subject The final final <<070924 Final Epstein Non-Prosecution Agrees ent.pcle>> Assistant U.S. Attorney West Palm Beach, FL 33401 M070924 Final Epstein Non•Prosecution Agreement.pcif US_Atty_Cor_00145 EFTA00235471

IN RE: INVESTIGATION OF JEFFREY EPSTEIN 1101LEROSECOMAGILEEMENI IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423O1 with minor females; in violation Page 1 of 7 US_Atty_Cor_00146 EFTA00235472

of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that the person had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Fpstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 US_Atty_Cor_00147 EFTA00235473

Terms of the Agreement 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: a (a) Epstein shall be sentenced to consecutive teens of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 US_Atty_Cor_00148 EFTA00235474

proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District ofFlorida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 US_Atty_Cor_00149 EFTA00235475

sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' Interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges irsaiitential co-conspirators of E ate' including but not limited to Lesley Groff or Further, upon execution o s agreement and a plea agreement with State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas wilt be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 US_Atty_Cor_001 50 EFTA00235476

By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District ofFlorida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. /// /// Page 6 of 7 US_Atty_Cor_001 51 EFTA00235477

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: Dated: Dated: Dated: VILLAFARA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY. SANCHEZ, ESQ. ATTO FOR ibil.REY EPSTEIN Page 7 of 7 US_Atty_Cor_001 52 EFTA00235478

CI= J.gov). 09O4/2007 04:34 PM Subject RE: Do you have a signed copy? To cc bcc 'Jay Lefkovdtz" < nk you, . I have forwarded your message only to Alex, and I don't anticipate it going any further than t at. When rece e the originals, I will sign and return one copy to you. The other will be placed in the case file, which will be kept confidential since it also contains identifying Information about the girls. When we reach an agreement about the attorney representative for the girls, we can discuss what I can tell him and the girls about the agreement. I know that promised Chief Reiter an update when a resolution was achiev . (Something I wouldn't have pro i in light of what happened last year.) is calling, but knows not to tell Chief Reiter abou e money issue, just a w t crimes Mr. Epstein is plead' uilty to and the amount of time that has been agreed to. also is telling Chief Reiter not to disclose the outcome to anyone. Mir tie .1.11111.161,FISi • 09/242007 04:04 PM To"Jay Leficovnte 4.ilefkowitzgkirkland.com> cc SubjectDo you nave a signed copy? Hi Jay - Sony 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. US_Atty_Cor_001 53 EFTA00235479

(73 a NMatene, To "Jay Letkowat [email protected] cc bcc 08/25/2007 08:36 PM 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 be is conflicted out because one of his partners is married to an AUSA here. Stuart Grossman is probably my second choice. Ted Babbitt — httpfiwww,babbitt-iohnson.comilhabbittihttul Stuart Grossman — htto;//www.arossmanandroth.com/sgrossrnan.htm Chris Searcy — httrd/www.searcvlaw.com/CHRISTIANDSEARCY/tabid/935/def ault.aspx Lake Lytal, Jr. http://wwwivtalreiter.comfmclex.olip?page id=37 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 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? lam going to be out for a while starting on Friday, and I would like to get this underway before I leave. Thank you. US_Atty_Cor_001 54 EFTA00235480

Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 55 EFTA00235481

MIWong. To "Jay LotkovAte cc bce SubOM Conference call WW' 09/25/200712:11 PM Hi Jay — Have you approved Mr. Ocariz as the girls' representative? And can we have a conference call to discuss what I may disclose to him and to the girls regarding the agreement? Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 f." US_Atty_Cor_001 56 EFTA00235482

Stuart Grossman — http://www.grossmanandroth.com/sgrossman.hgu Chris Searcy — httve//www.searcvlaw.com/CHRJSTIANASEARCY/tabld/935/def aultasnx Lake Lytal, Jr. — http://www.lvtakeiter.com/indeLphffinage idr=37 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 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. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 57 EFTA00235483

W— 1U:a 4 lieISMS 09/26/200711O3 Ml To "Jay Lefitowitc" cilmikowitzakirkland.col cc bcc Subject One more thing WIWI/ Hi Jay — Did you send me the original signed agreement? 1 would like to sign that copy and return copies to you. Thank you. Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 58 EFTA00235484

Made C. undo Wort 09/26/2007 11:49 AM To "Jey Leftist' <JLetkowitzekinstend.ca cc bcc Subject RE: One more thing Hi Jay — Meaning no disrespect to these distinguished gentlemen, one of my criteria is that, if negotiations with you don't work out, they have the stamina to take you all to trial, so 1 politely decline your suggestion. s t U. . Attorney as • a SAELST Sent: 09/26/2007 11:03 AM AST To: Jay Lelkowitz Subject: One more thing Hi Jay — Did you send me the original signed agreement? I would like to sign that copy and return copies to you. Thank you. I Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 59 EFTA00235485

******************************** **•**•**•**•*********• 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. is ***** ******************** ************ ***** ****••• ****• US_Atty_Cor_001 60 EFTA00235486

fwafoneiSI. Wow' 09/27/2007 10:52 AM To *Jay Lethowite <JLefkowitzarldrldand.coi cc bcc Subject Conference CaN with Bert Ocartz hiCti . fit: 74M • Fll 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 tea 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? 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? Villafarla US_Atty_Cor_001 61 EFTA00235487

West Palm Beach, FL 33401 Assistant L'.S. Attorney US_Atty_Cor_00162 EFTA00235488

r `Villafene,Mall To "Jay Lefkovtt" cc 1410n bcc 0927/200711:08 AM Subject RE Conference Call with Bert Ocartz Thanks, Jay. Can we make it 4:15 or later? I have a 3:30 that might run more than a half hour. And let me know about sending Bert the agreement language. That might aid our discussions because the firm will have a better idea of what the litigation will entail. Assi tl is ilis ma stan tto West Palm Beac FL 33401 Mr' es" Ori I Me — From: SAFLS)" Sent: 09/27/2007 10: 1 A 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 US_Atty_Cor_001 63 EFTA00235489

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 chin case? 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 paynient of attorney's fees and costs? Assistant U.S. Attorney West Palm Beach, FL 33401 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 US_Atty_Cor_001 64 EFTA00235490

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. *SS** 7- US_Atty_Cor_001 65 EFTA00235491

Vdlefanallallit s is smin )40Y, 09/27/2007 0.3:06 PM To 'Jay Lefkowite cc bcc Subject RE: Conference Cal with Bert °Gertz Hi Jay - I already told Bert that there is no indictment and, as I 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. Two suggestions, that I haven't run past Bert, are: 1. Mr. Epstein signs a standard fee agreement, where one of his attorneys or accountants who is not working on the damages litigation receives a monthly bill with attorney's fees charged at an hourly rate and costs 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/monthly 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 maybe 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. 33401 US_Atty_Cor_001 66 EFTA00235492

1111.111C 11111.111.11111101S 1 11111r dissamsese Nimun aise . (USAFLS)" sdoj. gov] Sent 09/27/2007 10:51 AM AST To: Jay LetkowItz 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. US_Atty_Cor_001 67 EFTA00235493

r- 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 47 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 ten 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? 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? Assistant U.S. Attorney West Palm Beach, FL 33401 *********************** ****** **********************•• • The information contained in this communication is confidential, may be attorney-client privileged, may US_Atty_Cor_001 68 EFTA00235494

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 postmastengldrldand.com, and destroy this communication and all copies thereof, including all attachments. ....• a US_Atty_Cor_00 1 69 EFTA00235495

1•90v> OB/27/2007 05:11 PM To "Jay Lefkowitz° <[email protected] cc bcc &Med Can you give me a car Hi Jay — Can you give me a quick ring. Thanks. Vlllajalla Assistant U.S. Attorney West Palm Beach, FL 33401 US_Atty_Cor_001 70 EFTA00235496

To "Jay Lefka.vite < cc bec Subject Re: Hi Jay 'haven't been able to access my e-mail until now. I am free until 10:00, then at 1:00, then at 5:00. Would any of those work for you? -- Original Message --- Original Message --- °es =me laimmarom was US_Atty_Cor_001 71 EFTA00235497

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. • *****•*******************************•************* ***fig** US_Atty_Cor_001 72 EFTA00235498

lAMMentelll Marla C. u .gov> 1O/O3/2OO7 O3:15 PM Hi Jay -- This afternoon is fine. Here is the memo that I put together. Just let me know whore I should call you at 4:0O. Thanks. MOM Assistant U.S. Attorney To "JayLefkowitt<Aefkowkrakirkland.com> cc bct Subject RE: Original Message 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. «< Attachment locial Master Proposal.wne has been archived by u”r 'CommonStore/1171(Irkland-Ellis' on '12/04/2007 00:49:45'. >>> US_Atty_Cor_001 73 EFTA00235499

PROPOSAL FOR PROCEEDING ONCE ATTORNEY LS SELECTED 1. Provide selected attorney with: a. a copy of the relevant portion of the Non-Prosecution Agreement b. the names and contact information for the identified victims; and c. a retainer agreement. i. The retainer agreement will provide for the monthly billing of fees at an hourly rate and monthly expenses. a ii. The billing statements will be sent to and paid by an attorney or accountant not involved in the damages litigation, and will not be made available to any person or fum involved in the damages litigation. iii. Billing statements will have privileged and work product information redacted. iv. Disputes regarding fees will be referred to a Special Master (perhaps the Special Master who selected the attorney). 2. The agents and I will contact The girls individually to inform them of the resolution of the case, including the selection of an attorney to represent them, if they so choose. I will provide them with the name and telephone number of the attorney and also let them know that the attorney will be contacting them. 3. The selected attorney will contact each victim and review with her the facts of her case and the options that she has, namely: a. selecting another attorney and handling everything through that attorney; b. attempting to reach an agreement with Mr. Epstein for an amount of damages pursuant to 18 U.S.C. § 2255; c. filing suit seeking other state and/or federal damages or restitution; and US_Atty_Cor_001 74 EFTA00235500

PROPOSAL FOR SELECTION OF ATTORNEY TO REPRESENT VICTIMS 1. Select a Special Master. 2. Provide the Special Master with: a. a joint list containing the names of five attorneys; b. a joint statement of relevant facts regarding the case; c. each party's list of criteria; d. a copy of the relevant portion of the Non-Prosecution Agreement (discussing the role of the attorney for the victims); and e. a proposed retainer agreement. 3. Each attorney on the list can provide the Special Master with information regarding his/her experience, firm size, etc. 4. The Special Master can interview any or all of the attorneys as the Special Master deems appropriate. 5. The Special Master will provide us with the top three choices (in order). The first attorney will be contacted and a conflicts check will be run. If there is a conflict in representation, the second attorney will be contacted, etc. US_Atty_Cor_001 75 EFTA00235501

d. not seeking any money damages from Mr. Epstein. 4. If the specific victim selects option (3Xb), the selected attorney will contact counsel for Mr. Epstein to negotiate a settlement amount and the terms of that settlement. 5. If the specific victim selects option (3)(b) and the parties are unable to reach an agreement regarding a settlement amount, then the victim can: a. ask the selected attorney to file suit in the U.S. District Court for the Southern District of Florida, pursuant to 18 U.S.C. § 2255; or b. file suit in state or federal court pursuing damages under any state or federal remedy. 6. If the specific victim selects option (5Xa), the representation of the victim by the selected attorney will continue using the same monthly billing and payment system contained in the retainer agreement 7. If the specified victim selects option (5)(b), Mr. Epstein will have no further obligation to pay the attorney, except as ordered by the Court hearing the suit. US_Atty_Cor_001 76 EFTA00235502

10/03/2007 03:38 PM To "Jay Lelkowke <Jlefkowezerdedend.cm cc bcc Subject RE: That is fine. I'm sorry I didn't get your e-mail sooner. Since I am out of the office, the best way to reach me is on my cell, or you can send an e-mail (which becomes a text message) to 56160123018cingularme.com Tomorrow I am available early in the morning (7:00 to 7:45), or at 8:30, or at 5:00, or after 6:45. Thanks. -----Or' al Messa e WIM P Ori final Message From: " . (USAFLS)• ( Sent: : To: Jay Lefkowitz Subject: RE: Hi Jay -- This afternoon is fine. Here is the memo that I put together. Just let me know where I should call you at 4:00. Thanks. RilitIPPWorney US_Atty_Cor_001 77 EFTA00235503

- - - - -Ori inal Message ****** ***** *********** **** ******** ** ******** ********** ***** 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 I. 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. * * * * 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 4 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. * * * * * US_Atty_Cor_001 78 EFTA00235504

To 'Jay LeOcowtte <JLelkovAteOldridend.coo (USAFLS " cc bcc 10/03/2007 07:31 PM Subject RE: Proposed Letter to Special Master Hi Jay -- That was simply a draft for discussion purposes. I am hoping that we will send such a letter jointly, once we have finalized the process and pick a master. Thanks. re a inIMI A S) FL " 10/03/2007 04:24 PM To "Jay Lefkowitz• cc Subject Proposed Letter to Special Master 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» Villafana Assistant U.S. Attorney US_Atty_Cor_001 79 EFTA00235505

o r MI= Jr 10/05/2007 07:48 AM To "JayLalkovAtt<JL•fltovitsOkirktand.cot cc bcc Subject RE: Proposed Letter to Special Master 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 handle the selection of the attorney, I would recommend that we use retired 11th circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health 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. 1111.111 - al at li)" 10/03/2007 04:24 PM To "Jay Lefkowitz' cal=EIMMI> US_Atty_Cor_001 80 EFTA00235506

cc Subject Proposed Letter to Special Master 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>> Assistant U.S. Attorney Fax 561 820-8777 US_Atty_Cor_001 81 EFTA00235507

Pao Jr 10/092001 04:47 PM To "Jay Lefkowitz" <[email protected] cc bcc Subject RE: Proposed Letter to Special Master Jay -- I will call In at 5:30. S . USAFLS)" 10/05/2007 07:48 AM To "Jay Lefkowitz" caMEMEI=ME> cc Subject RE: Proposed Letter to Special Master US_Atty_Cor_001 82 EFTA00235508

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 handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health 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 (FIEFFIR and let me know which of those times wor s es or you. Thank you. !MCC 11111111111 "" . (USAFLS)" 10/03/2007 04:24 PM To "Jay Lefkowitz" cc Subject Proposed Letter to Special Master US_Atty_Cor_001 83 EFTA00235509

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» Villafafta Assistant U.S. Attorney USAFLS)" 10/03/2007 04:24 PM To "Jay Lefkowitz" cc Subject Proposed Letter to Special Master 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>> Assistant U.S. Attorney 10/03/2007 03:18 PM To •Jay Lefkowitz" cc Subject Memo in PDF format US_Atty_Cor_001 84 EFTA00235510

Hi Jay - In case you can't open the other version, here it is in pdf. c<Special Master Proposal.pdf>> IIIIIIIIIVillafafla Assistant U.S. Attorney US_Atty_Cor_001 85 EFTA00235511

To "Jay LefkowItz" cc bcc 10/05/2007 05:42 PM Subject RE: Proposed Letter to Special Master Jay — I will call you at 5:30. Assistant U.S. Attorney 10/05/2007 07:48 AM Tom-lay Laowite cc SubJectRE: Proposed Letter to Special Master US_Atty_Cor_001 86 EFTA00235512

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 handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health 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, an• • 5 and 6:00. Please call me on my cell ( and let me know which of those times works best for you. Thank you. 11111111111111C- witMlisiffr :rnmanisime. 10/03/2007 04:24 PH To "Jay Lefkowitz" cc Subject Proposed Letter to special master <S1 111=MMIL US_Atty_Cor_001 87 EFTA00235513

10/03/2007 0424 PM 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» VillafaAa Assistant U.S. Attorney To'Jay Lolkowkr" cc SubjectProposed Letter to Special Mester 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.pdfr> Assistant U.S. Attorney 10/03/2007 03:18 PM To"Jay LeStoeh' aJLeMovAtz(0kirklarnicom> cc SubjecMemo In PDF format US_Atty_Cor_001 88 EFTA00235514

Hi Jay — In case you can't open the other version, here it is in pH. <‹special Master Proposal. pdf» Assistant U.S. Attorney MEI US_Atty_Cor_001 89 EFTA00235515

12/26/07 ITV 15:2 .2 FAX 305 530 3140 EXECUTIVE 0PPICE Q.S. Department of Justice United Mates Attoreey Southern Leiria of Florida 2)002 P..1W2Y_BY "SW" TI Jay?. Leficowitt, Esq. Kirkland & Ellis IL? Cltigroup Center 153 EaSt 53rd Street New York, New York 10022-4675 Rer. efCrgy_ER,Itgin Dear Jay: 99N.& f aron Murat FL 331124111 (305) 961-9ZI9 Pactrmac .13045444 December 6, 2007 I write in response to your recent e-mails and Jonas regarding victim notification and other issues. Our Office is trying to perform our contractual obligations under the Agreement, whichwe feel are being frustrated by defense counsel's °bleeder& The Office also is concerned about Mc Epstains5 amp:v(O117MM More than three weeks ago we spoke about the failtue to set a timely plea and sentencing date. At that time, you assured me that to scheduling delay was caused by the uneven Judge McSodey.S2 promised that a date would be set promptly. On Novturtne 15 Gaeta met with ICrisher on another matter, and was told by Mx. Krisher that he had Jost spoken with Jack Goldberger, and that Mr. Epctebt's plea and sentencing were set to occur on December 14, 2007. Since that time, we have bled to confirm the date and time of the hearing in order to include drat infornution in the victim noti ?tendon letters. You continue to refer to the plea and sentencing as though it Wilikril.lanaary;14r.X.risheisofficebas not confirmed any date; and Mr. Goldberger recently told Atlanta* that 'there is no date." I must reiterate that a delayed guilty plea and sentencing — now mote than two months beyond the original deadline — is unacceptable to the Office. As you will recall. the aka end sentencing hearing originallywas to occur in early Octoba 2007, but was delayed until Octobee26th to allow Mr. Goldberger to attend. R was delayed again until November to allow you to attend. Rather than using your best efforts to insure that the plea and sentencing occur in November, we recardyleamed that a plea confluence had hem scheduled with Judge McSorley for November 20, 2007. but was canceled at the request of the parties, not the judge. Judge McSorley has not been away lbr any extended period, and there is no basis for your assertion that the judge is the cause of US_Atty_Cor_001 90 EFTA00235516

12/05/00 TEU 15:23 PAX 305 330 3140 JAY P. lancoVirra, Esq. Demand, 2007 ?AM/ 2 ore RXECUrINE MICR Q003 any past or fittare delay. Mr. Epstein currently has lbw Florida Bar members on his defense team, so attorney scheduling is not an adequate basis for delay. Three weeks ago talso asked you to provide our Office with the terms of the Plea Agreement with the State Attorneys Office. It is now tome than two Months sines the signing of the Non. Preset:anion Agre.ement cod wo baveyet to see anyfomol agreement, or oven a list of essential terms of such an agreement. Mat, let me address your allegation that attorneys In ow office and agents of the FBI have ' leaked infermation to the mesa In an effort to alba possible civil litigation with Mr. Epstein. This is online. There has been no contact between any member of the press and any employee of our office or the FBI since you incorrectly imensed investigators of tolling "Vanity Rae about Mr. Starr's entploynoatt by Mr. Epstein several months ago. We intend to continue to telltale from commenting or providing information to the press. We would ask that your client and all of his representatives do the same. I also .mot to address your Interpretation of several statements that were included in- correspondence —at yourinsistence— as proof that the designated victimshave invalid therm, Let me make clear that cach of the listed individuals are persons whom the Office identified as victims as defined in Section 2255, that is, as persons "who, while a minor, was a violins of a *laden of section ... 2422 or 2423 of this title" In other words, the Office is prepared lo indict Mr. Epstein based upon Mr. lipstein't "interactions" with those individuals,' This conclusion is based upon a thomogh and proper investigation —one in which 7100Q of the victims was informal of anyright to receive damages of any amount prior to the Investigation other clalm. The Office agrees that it is not a party to, and will not take a rode in. any civil litigation, but rho Office coo say, without hesitation, that the evidence demonstrates that each person on the Est was a victim °Mfr. Epstein's criminal behavior. Mr. Stan's letter also suggests that the number °Eviction to whom Mr. Epstein is exposedby the Agreement is limitless As you know, early drafts of the Agreement contained a numerical limit of40 victims, which was removed et your request The Office repeatedly confirmed that the number would not exceed 40; and the list Is significantly Snorter than that Once the list is provided to you, if you have a good faith basis fbr asserting that a victim never met Mr. Epstein, we remain willing to listen and to modify the list if you convince us of your poeition. Malty, leone address yourobjections to the draft Victim Notification Latter. You writethat yon don't tmderstand the basis for foe Office's belief that it is appropriate to ratify the victims. Pursuant to the "leaded for MI Act of 2004," crime victims are entitled to; "The right to reasonable; accurate, and timely notice of any public court proceeding ... involving the crime and the "right kbalike the State's investigation, the federal investigation show; criminal conduct by Mr. Epstein n lout as early as 2001, so all of the victims were minors at the time of the oftnett. US_Atty_Cor_00191 EFTA00235517

C, a 12/06/07 110 15:23 FAX 305 530 8540 EXECUTIVE 0PMCE JAY P. LerKoVettl, EsQ. DEMMER 6.2007 ?A053 O►e not to be excluded from any such public court proceeding ." 18 U.S.C. § 3771(sX2) & (3). Section 3771 also commands that "employees of the Deparbnent of Justice . engaged in the detection, investigation, orprosocution of etimothall make their best carts to see that crime victims are notified of, and accorded, the rights described in subsection (a)." 18 U.S.C. § 3771(cXI). Additionally, pursumat to the Victims' Rights and Restitution Act of 1940, our Mee Is obligated to "Inform a victim of any restitution or other relief to which the victim may be entitled under this or any other law and [the) manner in which such relief maybe obtained." 42 U.S.C. § 10607(O(1)(R). With nespect to notification of the other information that we propose to disclose, the statute requires Out we provide a victim with the earliest posabie notice of the status of the investigation; the fling of charges against a suspected offender; and the acceptant). oral:lee. 42 U.S.C. § 10607(c)(3). Just as in 18 U.S.C. § 3771, theta sections are not limited to proceedings in a federal distriet *curt. Our Non-Prosecution Agreement resolves the federal investigation by allowing Mr. Epstein to plead to a state offense. The victims identified through the. federal investigation should be appropriately informed, and our Non-Prosecution Agreement does not require the U.S. Attorney's Office to forego its legal obligations. With respect to 'our assertion that we are seeking to "federalize" the state plea, our office h simply informing the victims or their rights It does not comorrut them to appear at the hewing or to the a victim impact statement In het, the letter recommends the sanding of my statement to the State Attorney's Office so that ASA Beloblavek an determine Which, if any, statements are appropriate to file with the Court. Non you assert that ow letter miacharacterizeis Mr. Epstein's obligation to pay damages to the victims. To avoid that suggestion, I have asked AUSA Villafada to simply quote the terms of the Agreement directly into the Notification Letter. We also have no objection to referring to Mr. Epstein n a "sexual offender" rather titan a "predator." We have no objection to using the conjonedon "wid/or" in rofmabm to the particular offame(s) of which the recipient was a victim. We will not include the language that we take no position as to the validity of any claims. While tboOffiet bat no intention to take any position in any civillitigation arising between Mr. Epstein and anyindividual victim, as stated above, the Office believes that it has proof beyond a reasonable doubt that each listed individual was a victim of Mr. gpstehes criminal conduct while the victim was a mi ow. The law requires us to treat all victims "with Simms and with respect for the victim's dignity and privacy." 18 U.S.0 §3771(aX8). We will not include any language that demeans the harm they may have suffered. The letter's assertions regarding representation by the Podburst firm and Mr. Josefsberg are accurate. Judge Davis conferred with Messrs. Rodhurst and losefeberg to insure their willingness to tordertake this assignment prior to finalizing his selection. tit,004 US_Atty_Cor_001 92 EFTA00235518