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1407 Shwr hAtosia EFTA00176178 )2/05'_7 KED 15:24 FAX 1 K IRKLAND&ELL I S LLP a 002 KIRKLAND & ELLIS LLP AMDAYTTWMWMAMUSHIM 777 South Figueroa Street Loa Angela Calltornla 90017 Kenneth W. Starr To I Wri* redly: www.kirkhancl.corn December 5, 2007 yjM'Ac5Wa Honorable It Alexander Acosta United States Attorney United States Attorney's Office Southern District of Florida Re: Jeffrey Epstein Dear Alex: We are in receipt of your letter faxed to Jay on December 4 and faxed to Ken today in Los Angeles, and write to inform you that we will respond in full to that letter no later than Friday, December 7. We take this opportunity to address a few of the initial issues. First and foremost, we reaffirm the Non-Prosecution Agreement (the "Agreement"), Mr. Epstein has no intention of unwinding the Agreement. Indeed, he has already performed under the Agreement by directing his lawyers to urge the State of Florida to allow him to plead guilty to crimes more egregious than the State believes he committed, and to sentence him more harshly than the State still believes is appropriate. However, as you know, we take serious issue with your staffs interpretation and implementation of the Agreement, in particular the use of Section 2255, but also other aspects of your office's investigation and prosecution of this matter. As we have expressed to you on prior occasions — where you have made clear you have no objection —we hope to address these issues with Assistant Attorney General Fisher in Washington. Second, your letter makes reference to "certain filings" that you state are due to your Office by December 7 and to "certain events" that must occur before December 14. We have no knowledge of any such deadlines and in fact do not know what filings and events to which you are referring. Please let us know what the December 7 and December 14 deadlines are, if any, so that we can make sure to comply with them. EFTA00176179 12/05107 WED 15:24 FAX 1 II I RKLAND&ELLI S 1.1,P RI 003 Honorable It. Alexander Acosta December 5, 2007 Pagc 2 Finally, you state that you intend to issue the victim notification letters on Friday, December 7. r, in a discussion late last week between and Lilly Ann Sanchez, Mr. indicated that your Office would send us a revised version of the notification letter, ch we have not received to date.. While we believe that it is wholly inappropriate for your Office to send this letter under any circumstances, it is certainly inappropriate to issue this letter without affording us the right to review it. We strongly urge that you withhold the notification letter until after we are able to discuss this matter with Assistant Attorney General Fisher. Yours Sigcerely, Kenneth W. Starr lahciwitz cc: Honorable Assistant Attorney General First Assistant U.S. Attorney • i ' 1 i. • EFTA00176180 12/05/07 WED 15:23 FAX 1 KIRKLAND&ELL1S LLP (arm. KIRKLAND & ELLIS LLP Fax Transmittal Phon • Fox: Please notify us Immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL, MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NO IMMEDIATELY AT: To: Company: Hon. R. Alexander Acosta United Slates Attorney's Office Southern District of Florida Fax N: Direct It: From: Kenneth W. Starr Algae Date; Fax Direct N: whom: December 5, 2007 3. Message: EFTA00176181