EFTA00013521

From To: "Jay Lefkowitz" Bcc: ' USAFLS)" Subject: RE: Epstein Date: Wed, 31 Oct 2007 15:51:29 +0000 Importance: Normal Jay, Regarding your statement that "we are beginning to think about what discovery we may need to take to verify any claims", I remind you that paragraph 8 of the agreement states that 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 USC s 2255 and agrees to waive any other claim for damages ... ." That being said, you are correct in assuming that we do not want to be copied on anything related to discovery. Monitoring the status of the negotiations/litigation by this Office is limited to insuring that the terms and conditions of the Non-Prosecution Agreement are not breached. From: Jay Lefkowitz [mailto: Se October 30. 2007 4:54 PM To: Cc: (USAFLS) Subject: Re: Epstein Thanks. I haven't heard anything from Judge Davis. I assume he is still willing to take on the role you asked him to take on, but can you please let me know if that is not the case? Also, we are beginning to think about what discovery we may need to take to verify any claims. I am assuming that your office does not want to be copied on any subpoenas or anything related to discovery. But please let me know if that is an incorrect assumption. Thanks - Jay Original Message From: Sent: 10/30/2007 02:42 PM AST To: Jay Lefkowitz Cc: ' (USAFLS)" Subject: Epstein Jay, > Here is an executed version of the addendum. Please Fed Ex the original signature pages to me. Thanks, EFTA00013521 «epstein addendum 10 30.pdf» 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. ********************** ************************************* EFTA00013522