Tuesda , S !ember 25, 2007 8:37 PM

From: Tuesda , S !ember 25, 2007 8:37 PM Jeer: era orneys Iii w_ These four people were recommended. I have not contacted them to find out what their rates are. All arc very active in the plaintiffs' bar in the West Palm area. -would be my first choice of these four but I think he is conflicted out because one of his partners is married to an AUSA here. is probably my second choice. • Talk to 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 his that he is in Miami where there has been almost no coverage of this case. so you know, I have never met M, but a good friend in our appellate section and one of the district judge!' • 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 500 S. Australian Ave, Suite 400 West Palm Beach, Fl. 33401 • • RFP MIA 000282 EFTA00208970 From: • mt: A: Subject: Wednesday, September 26. 2007 11:01 AM tt l i Meys Hi Can you give me a call at this morning? I am meeting with the agents and want to give them their marching orders regarding w at they can tell the girls. Also, please remove and from the list. There is too great a chance of an appearance of impropriety with and I received a bad report about last night. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: ent: Tuesda Se ember 25, 2007 8:37 PM ub : r a orneys — These four people were recommended. I have not contacted them to find out what their rates are. All arc very active in the plaintiffs' bar in the West Palm area. would be my first choice of these four but I think he is conflicted out because one of his partners is married to an AUSA here. is probably my second choice. Talk to 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 is that he is in Miami where there has been almost no coverage of this case. It so you know, I have never met M, but a good friend in our appellate section and one of the district judges in Miami are good friends with him and recommended him. 1 RFP MIA 000283 EFTA00208971 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. • sank you. l(s ista,Mney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 • • 2 RFP MIA 000284 EFTA00208972 dant: Subject: nes ay, ep em er 11:49 AM VIM thing - 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 I politely decline your suggestion. From: Sent: W ay, ptem t , 00 11:1 M To: Subject: Re: One more thing Calling in 15 min. I have two other options. Both are retired circuit court judges, who do mediation now,l and Any thoughts? • — Ori 'nal Messa e -- From: Sent: 007 11:03 AM AST To: Subject: One more thing Did you send me the original signed agreement? I would like to sign that copy and return copies to you. ank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 RFP MIA 000265 EFTA00208973 • The information contained in this communication is • onfidential, may be attorney-client privileged, may nstitute inside information, and is intended only for Ate use of the addressee. It is the property of Kirkland & Ellis I.LP 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. • • 2 RFP MIA 000286 EFTA00208974 /1152 AM oubject: Conference Call with Hal 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 timcs work for you because Wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. 1 told 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 hadanned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Mijust that section of the plea agreement that applies to the damages claims (1 would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? 1 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 wdt 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 n the civi case? t hat is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beac F 33401 RFP MIA 000287 EFTA00208975 r om: ant: Thursda Se tember 27 2007 10:57 AM 'subject: e: on erence a wi I am available around 4 pm today. Not precisely sure of the time yet. I will speak with my client in the interim. Or Fro 11 11 Sent: 09/27/2007 10:51 AM AST To: Subject: ili Mi aence Call with !Minn 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 -wants to get their conflicts counsel on the call with us. af ese are some of the questions he sent to me. I told M that as part of our agreement we (the federal vemment) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to .ing as related to 18 USC 2255. With respect to question 2, do I have your permission to send =just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 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 1 RFP MIA 000288 EFTA00208976 500 S. Australian Ave, Suite 400 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 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 postmaster(Airkland.com, and destroy this communication and all copies thereof, including all attachments. • 2 RFP MIA 000289 EFTA00208977 Villafana, Ann Marie C. (USAFLS) tom: Villafana, Mn Marie C. (USAFLS) nt: Thursday. September 27. 2007 11:08 AM 'Jay Lefkowitz' oubjeet: RE: Conference CaN with Bert Ocariz 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 Ben the agreement language. That might aid our discussions because the firm will have a better idea of what the litigation will entail. A. Marie Villafria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay LefkowItz fmailto:[email protected]] Sent: Thursday, September 27, 2007 10:57 AM To: Villafana, Ann Marie C. (USAFLS) Subject Re: Conference Call with Bert Ocariz I am available around 4 pm today. Not precisely sure of the time yet. I will speak with my client in the interim. Original Message From: "Villafana, Ann Marie C. (USAFLS)" [[email protected]) Sent: 09/27/2007 10:51 AM AST To: Jay Lefkowitz Subject: Conference Call with Ben Ocariz Hi Jay — Ben'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? 1 envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. S an we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 1 RFP MIA 000290 EFTA00208978 . • 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? • Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? A. Marie Villafaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820.8777 e information contained in this communication is fidential, may be attorney-client privileged, may ,frnstitute 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, and destroy this communication and all copies thereof, including all attachments. • 2 RFP MIA 000291 EFTA00208979 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Thursday, September 27. 2007 3:06 PM 'Jay Lefkowitz' oubject: RE: Conference Call with Bert Ocariz 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. 1 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 1 haven't run past Bert. are: I. 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 arc, there can be a more educated discussion about estimated fees and costs. t some food for thought. 1 will be out of the office tomorrow, but I will be reachable by cell phone. I will *aim sure Bert is available and confirm the time with you. A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [[email protected]] Sent: Thursday, September 27, 2007 2:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Conference Call with Bert Ocariz Marie - I will not be able to get back to you until tomorrow. However, some of the questions he raised cause me some serious concern. I. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? Certainly he should not get a copy of any indictment. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? I don't think he should get the plea agreement either. 1 RFP MIA 000292 EFTA00208980 3. Is there any cap or other limitation on attorneys fees that the defendant will pay in the civil case? I can't imagine he would be entitled to anything other than an hourly fee. 0 What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? In any event, I need to consider these issues carefully and I cannot agree to any of these issues before we speak. I would suggest we plan on talking tomorrow at 12 pm if you are available. Jay ---- Original Message From: "Villafana, Ann Marie C. (USAFLS)" [[email protected] Sent: 09/27/2007 10:51 AM AST To: Jay Lefkowitz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. Ilk ese are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal vernment) 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 gel a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 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? Illyvfarie Villajarla Assistant U.S. Attorney 2 RFP MIA 000293 EFTA00208981 " 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 • ione 561 209-1047 Fax 561 820-8777 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 c-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. • 3 RFP MIA 000294 EFTA00208982 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) wit: Wednesday, October 03,2007 3:15 PM Jay Lefkowitz subject: RE: Attachments: Special Master Proposal.wpd 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. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 Original Message From: Jay Lefkowitz (mailto:[email protected]] Sent: Wednesday, October 03, 2007 10:53 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Guy Lewis Subject: Illi - • ould we try to have a call this pm? I am free much the afternoon. Best is around 3 or 4 pm. 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 postmasteriikirkland.com, and destroy this communication and all copies thereof, including all attachments. • Tracking: 1 RFP MIA 000295 EFTA00208983 Recipient Jay Letkowitz Sloman, Jeff (USAFLS) Read Read: 10/3/2007 3:38 PM 2 RFP MIA 0002% EFTA00208984 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. RFP MIA 000297 EFTA00208985 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) 109nt: Wednesday, October 03, 2007 3:38 PM Jay Lefkowitz 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 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. A. Marie Villafaila Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 Original Message From: Jay Lefkowitz [mailto:[email protected]] Sent: Wednesday, October 03, 2007 3:30 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: lill rie - I appreciate your taking a stab at this. There is a lot here, and I don't want to give you any reaction before I speak with my client. I will let you know as soon as I do so we can speak about it. But 4 pm will certainly be too soon. Jay Original Message From: "Villafana, Ann Marie C. (USAFLS)" [[email protected]] Sent: 10/03/2007 03:15 PM AST 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. A. Marie Villafaha Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 • Original Message From: Jay Lefkowitz (mailto:flefkowitzfikirkland.com] 1 RFP MIA 000298 EFTA00208986 a Sent: Wednesday, October 03, 2007 10:53 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Guy Lewis ilirbject: Should we try to have a call this pm? I am free much of the afternoon. Best is around 3 or 4 pm. 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 postmastenOkirkland.com, 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 lee stitute inside information, and is intended only for use of the addressee. It is the property of .irkland & 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 postmasterlkirkland.com, and destroy this communication and all copies thereof, including all attachments. • 2 RFP MIA 000299 EFTA00208987 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) nt: Wednesday, October 03, 2007 4:23 PM Jay Lefkowitz ..object: 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 ter to Special Ma A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 • • Tracking: RFP MIA 000300 EFTA00208988 Recipient Jay Letkowitz Siciman. Jeff OJSAFLS) Read Read: 10/3/2007 4:43 PM 2 RFP MIA 000301 EFTA00208989 • • • PROPOSED JOINT LETTER TO THE SPECIAL MASTER Re: Special Master: Privileged and Confidential Dear Sir: The undersigned, as counsel for the United States of America and Jeffrey Epstein, jointly write to you to provide information relevant to your service as a Special Master in the selection of an attorney to represent several young women who may have civil damages claims against Mr. Epstein. The U.S. Attorney's Office and the Federal Bureau of Investigation (jointly referred to as the "United States") have conducted an investigation of Jeffrey Epstein regarding his solicitation of minor females in Palm Beach County to engage in prostitution. Mr. Epstein, through his assistants, would recruit underage females to travel to his home in Palm Beach to engage in lewd conduct in exchange for money. Based upon the investigation, the United States has identified 40 young women who can be characterized as victims pursuant to 18 U.S.C. § 2255. Some of those women went to Mr. Epstein's home only once, some went there as much as 100 times or more. Some of the women's conduct was limited to performing a topless or nude massage while Mr. Epstein masturbated himself. For other women, the conduct escalated to full sexual intercourse. As part of the resolution of the case, Mr. Epstein agreed that he would not contest jurisdiction in the Southern District of Florida for any victim who chose to sue him for damages pursuant to 18 U.S.C. § 2255. Mr. Epstein agreed to provide an attorney for victims who elected to proceed exclusively pursuant to that section, and agreed to waive any challenge to liability under that section up to an amount agreed to by the parties. RFP MIA 000302 EFTA00208990 • • • The parties have agreed to submit the selection of an attorney to a Special Master. Attached hereto is a list of five attorneys whom the parties have agreed should be considered by the Special Master for selection. Also attached hereto is a memorandum explaining the anticipated duties and responsibilities of the attorney who is selected, and that portion of the agreement between the United States and Mr. Epstein addressing the attorney's role. Each attorney has provided some background information regarding his or her practice, experience, and other relevant factors. The Special Master may contact any or all of those attorneys for additional information, as the Special Master deems appropriate. Each party will also provide the Special Master with a list of the criteria that the party believes should be considered in making the selection. If the Special Master has any questions regarding the criteria, he may contact the relevant party to inquire further, as he deems appropriate. The parties ask that the Special Master "rank" the top three attorneys, in case one or more has a conflict that prevents him or her from accepting the representation. The parties thank you for your willingness to conduct this task as a pro bono publico matter. Please do not hesitate to contact us if you need any further information. RFP MIA 000303 EFTA00208991 Villafana, Ann Marie C. (USAFLS) Villafana, Ann Marie C. (USAFLS) (IF Wednesday, October 03. 2007 7:30 PM Jay Lefkowitz .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. From: .lay Lefkowitz [mailto:[email protected] Sent: Wed 10/3/2007 4:26 PM To: Vineland, Ann Marie C. (USAFLS) Subject: Re: Proposed Letter to Special Master Marie - I, too, am interested In speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay "Vallafana. Am Mari* C. (USAFLS)" <AnnAlasii.C.VIllalansttusdOidapv> 101012007 04 74 PM To 'Jay Ledtcreitz- ctILdsoyetznitAland.com> cc SuOpect 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» A. Mark Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 RFP MIA 000304 EFTA00208992 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) ent: Friday, October 05, 2007 7:49 AM Jay Lefkowitz -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 (561 601-2301) and let me know which of those times works best for you. Thank you. From: Jay Lefkowitz [mailto:[email protected]] Sent: Wed 10/3/2007 4:26 PM To: Villafana, Ann Marie C. (USAFLS) "Object: Re: Proposed Letter to Special Master Marie - I, too, am interested in speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay 'Villeins, Ann Marl* C. (USAFLS)' cAnn.Marie.C.VIllafanatusdoloov> 10/03/2007 04:24 PM To ;lay Lefkowitz" <JLefkomta0kirkland.com> 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» A. Marie Villafaiia Assistant U.S. Attorney • 209-1047 RFP MIA 000305 EFTA00208993 • Fax 561 820-8777 • • • 2 RFP MIA 000306 EFTA00208994 Villafana, Ann Marie C. (USAFLS) From: JayLefkowttIpLefkomaziDkirMand.coml nt Friday, October 05.2007 11:04 AM . Villedana,AnnhiarieC.(USAFLS) ...c: Loude, Andrew; wilapirm@vioddnetaft me; glewis@lewiMeincom Subject: RE: Proposed Letter to Special Master Attachments: PROPOSED Letter to Special Master.pdf; Special Master ProposeLudt; Ltr from Lefkowitz to ),IiiWane (Oct. 5, 2007)_(12135690_4DOC Marie, Attached is a letter responding to your latest proposals. For your convenience, I've also attached your prior e-mails and attachments regarding this matter so that you can easiy see what I am responding to (see the chain below). If you are avaiable, I'm free to talk at 5:30 this evening. We can use my usual call-in number at (866) 462.0164. The code is '4464970*. Thanks, Jay • "Mean; Ann Merle C. (USAFUIr cAnn.Marle.C.VNIstanafluidolore 10/052007 07:45 AM To *my Lefradite c althaengakiddrigSZP Subject RE: Peopose0 Lett lo Special Mauler 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 (561 601-2301) and let me know which of those times works best you. ank you. 1 RFP MIA 000307 EFTA00208995 From: Jay Lefkowitz (mailto:[email protected] Sent: Wed 10/3/2007 4:26 PM Villafana, Ann Marie C. (USAFLS) bject: Re: Proposed Letter to Special Master Marie - I, too, am interested in speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay "Villafana, Ann Marie C. (USAFLS)" cAnn.Marie.C.VillafanaOusdoj.gov> 10/03/2007 04:24 PM To "Jay Lefkowitz" <JLefkowitzBkirkland.com> cc Subject Proposed Letter to Special Master III, Jay - To move things along, I also have enclosed the proposed text of a letter to the apecial Master. «PROPOSED Letter to Special Master.pdf» A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 'Malaria. Ann Marty C. (USAFLS)' .4Ann.Markt,VAllefonseusdoLoov> 10/03/2007 04:24 PM To "Jay Leficovaitte calLerkowitalltkirkland.com> 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. •ROPOSED Letter to Special Master.pdf» A. Marie Villafatia 2 RFP MIA 000308 EFTA00208996 . Assistant U.S. Attorney 561 209-1047 • x 561 820-8777 ViUlan.. Ann Made C (USAFLS)" <Ann Mat4 C V Mai ilnatin0QA OCONI> 10;03/7007 03 18 PM To 'Jay Lens:Pate <JleOkomezi5lIkekland we> cc SuMeM Memo m PDF format Hi Jay - In case you can't open the other version, here it is in pill «Special Master Proposai.pet» A. Marie Villafada Assistant U.S. Attorney 561 209-1047 OX 561 820-8777 • 3 RFP MIA 000309 EFTA00208997 • • • Kenneth W. Stan To Cal Writer Directly: 213 6804440 kstarteltirkland com October 5, 2007 VIA FEDERAL EXPRESS A. Marie Villafana United States Attorney's Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Marie: Dir. Fax: 213480-6500 I write in response to your emails dated October 3, 2007 in which you propose the use of a Special Master to select an attorney representative (the "selected attorney"), a general outline of how the selected attorney should proceed pursuant to the Federal Plea Agreement (the "Agreement"), and a drag joint letter to the Special Master. Below, I've outlined our main areas of concern with the approach you have taken in your proposed drafts. Once we can come to a resolution on the issues detailed herein, we would be happy to cooperate with you on the specific drafting of the proposals. First, the Agreement does not provide for the appointment of a Special Master to appoint the selected attorney. In fact, the Federal Plea Agreement clearly states that "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." (Paragraph 7, Agreement). Thus, the Agreement only contemplates the selection of one selected attorney who will represent the identified individuals in a limited capacity. We see no need for the appointment of a Special Master, nor does the Agreement call for one. Second, if the parties cannot settle on a damages amount with Mr. Epstein, then the selected attorney may not continue his representation and is barred from filing lawsuits pursuant to § 2255. Paragraph 7 and Paragraph 8 of the Agicciiient outline the scope and manner of representation of the identified individuals. Specifically, Paragraph 7 defines who may be represented by the selected attorney and Paragraph 8 outlines the terms of that representation. And under Paragraph 8 of the Agreement, the selected attorney is only appointed to protect the interests of those individuals who elect to waive any claim for damages other than the damages agreed to by the parties. Paragraph 8 states: RFP MIA 000310 EFTA00208998 • • • October 5, 2007 Page 2 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 this 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. Paragraph 8 addresses how Mr. Epstein's waivers are triggered pursuant to a settlement with each identified individual. The Agreement's silence with respect to what happens if the parties cannot settle on a damages amount indicates that the parties intended for the scope of the selected attorney's representation to be limited to settling claims with Mr. Epstein, not representing these identified individuals in § 2255 lawsuits. Otherwise, the selected attorney will be faced with serious conflicts of interest. For instance, if Mr. Epstein agrees to pay for the selected attorney's fees and monthly expenses, then the selected attorney would effectively be incentivized to reject settlement under § 2255 in an effort to draw out the lawsuits and incur more fees. If allowed to represent the identified individuals in a lawsuit, the best interests of each identified individual may not be served because the selected attorney will always be more interested in pursuing lawsuits in lieu of settling claims against Mr. Epstein efficiently and fairly. Multiple representation of a group of individuals that elects to settle on damages as well as one or more individuals who reject settlement carries with it the heightened potential for irreparable conflicts. For example, a conflict could arise if the selected attorney represents both a client who may be a potential witness and a client who is a civil plaintiff. And the fact that Mr. Epstein could pay compensation to the plaintiff's attorney in such a case only underscores this conflict. The procedure we propose is reasonable and consistent with the Agreement and intention of the parties: the selected attorney should evaluate the claims of each identified individual, negotiate a total fund amount with Mr. Epstein, then distribute the monies based on the strength of each case. For those identified individuals who elect not to settle with Mr. Epstein, they may proceed on their own, but by doing so, they would not be suing under § 2255 as contemplated by Paragraph 8 and therefore may not continue to be represented by the selected attorney. RFP MIA 000311 EFTA00208999 • • • October 5, 2007 Page 3 Third, if the identified individuals choose not to settle with Mr. Epstein, he will not waive liability for those individuals whose claims are not settled by the selected attorney. Paragraph 8 is clear that Mr. Epstein will only waive § 2255 liability so long as each identified individual proceeds exclusively under § 2255 and agrees to waive damages other than "an amount as agreed to between the identified individual and Epstein." (Paragraph 8, Agreement) This interpretation is supported by your own language in the draft proposed joint letter to the Special Master ("Mr. Epstein...agreed to waive any challenge to liability under that section up to an amount agreed to by the parties."). Consequently, those identified individuals who choose not to settle with Mr. Epstein are not covered by the Agreement and will have to prove, among other things, that they are victims under the enumerated statutes. Fourth, our objections to the appointment of a Special Master notwithstanding, we have serious concerns regarding the language in your draft joint letter to the Special Master, which describes Mr. Epstein's alleged conduct. Specifically, we will not concede that "Mr. Epstein, through his assistants, would recruit underage females to travel to his home in Palm Beach to engage in lewd conduct in exchange for money," because we think this overstates the facts. In addition, we will not concede that his most benign conduct involved topless or nude massage by the identified individuals while he masturbated. Nor will we concede that some of the identified individuals visited Mr. Epstein's home over one hundred times. Any joint statement must be such that it cannot be construed as a stipulation to liability that could be utilized against Mr. Epstein as to any individual who elects to reject the settlement contemplated by the Agreement. Fifth, neither federal agents nor anyone from your Office should contact the identified individuals to inform them of the resolution of the case, including appointment of the selected attorney and the settlement process. Not only would that violate the confidentiality of the agreement, but Mr. Epstein also will have no control of what is communicated to the identified individuals at this most critical stage. We believe it is essential that we participate in crafting a mutually acceptable communication to the identified individuals — perhaps in the form of a joint letter explaining the resolution and the settlement process. We further believe that communications between yourself or your case agents and the identified individuals might well violate Rule 6(e)(2XB) of the Federal Rules of Criminal Procedure. The powers of the federal grand jury should not, even in appearance, be utilized to advance the interests of a party to a civil lawsuit. Finally, we are also concerned that you have been engaging in conversations with judges about this matter. We look forward to resolving these open issues with you at your earliest convenience. RFP MIA 000312 EFTA00209000 • • • October 5, 2007 Page 4 Sincerely, Jay P. Lefkowitz RFP MIA 000313 EFTA00209001 • • • FOWLERWHITE BURNETT MMMT • FORT LAUOIROALE • WEST PALM BEACH • ST. PETERSBURG October 8, 2007 Jeffrey Sloman First Assistant United States Attorney United States Attorney's Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Jeff: Es►wmo Sumo PLAZA ITCAMISDON float 1395 °Ram AWN.* MOM. 110MCA 331 31 IttomoNt 13O5/78992OO racseaL21305) 789-9201 www.rostER-rmac-cow Lure ANN SANCHEZ OwtocT Piec No.; 130517890279 Dna ►acs.at No : 13O5/ 728-7570 • •s•s-••••Te/rowteftwHrTc.coN I LVIA FEDERAL EXPRESS II I write to follow up on the conversation we had regarding the role of the attorney representative and the settlement process for 18 U.S.C. § 2255 claims pursuant to the Federal Plea Agreement between your Office and Mr. Epstein (the "Agreement"). First, thank you for reaching out to Marie on these issues. Marie has already left me a voicemail this afternoon asking that I clarify the selection process for the attorney representative and the scope of his role pursuant to the Agreement. With respect to the selection of the attorney representative, you have suggested Former Judge Edward B. Davis of Akerman Senterfitt. We are comfortable with Judge Davis. Pursuant to the Agreement, Judge Davis will represent the identified individuals provided they opt to enter into a settlement agreement with Mr. Epstein with respect to their § 2255 claims. If the identified individuals cannot settle or opt not to settle on a damages amount with Mr. Epstein, then Judge Davis may not continue his representation and is barred from filing lawsuits pursuant to § 2255. As agreed, Mr. Epstein will pay the fees for the services of Judge Davis. The provisions of the Agreement make clear that the role of the attorney representative is to settle the claims of the identified individuals pursuant to the Agreement. While Paragraph 7 defines who may be represented by the attorney representative, Paragraph 8 outlines the scope of that representation. Paragraph 7 states: 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 FOWLER WHITE BURNETT P.A. RFP MIA 000314 EFTA00209002 • • • Page 2 has signed this agreement and has 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. Under Paragraph 8 of the Agreement, which provides the terms of the representation, the attorney representative is only appointed to protect the interests of the identified individuals who elect to waive any claim for damages other than the damages agreed to by the parties. Paragraph 8 states: 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 this 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. Mr. Epstein's waivers are triggered pursuant to a settlement with each identified individual. Paragraph 8 is clear that Mr. Epstein will only waive § 2255 liability "so long as" each identified individual proceeds exclusively under § 2255 and agrees to waive damages other than "an amount as agreed to between the identified individual and Epstein." To that end, Judge Davis' role should be limited to contact, coordination and mediation. This would include the following: - Interviewing each identified individual to confirm standing; - Explaining the identified individual's option to settle § 2255 claims pursuant to the Agreement; - Explaining Mr. Epstein's waivers as to jurisdiction, liability and damages only if the identified individuals elect to settle claims pursuant to the Agreement; FOWLER WHITE BURNETT P.A. RFP MIA 000315 EFTA00209003 Page 3 - Explaining the capacity of his representation, including an explanation that his role is limited to negotiating settlement amounts for each identified individual; - Negotiating a total amount with Mr. Epstein pursuant to the Agreement for each identified individual; - Distribute the monies to each identified individual in the manna he sees fit; and - Assure that the United States Attorney's Office and the FBI not be involved in the civil settlement or litigation. If any of the identified individuals decide not to utilize Judge Davis pursuant to the Agreement, they may proceed on their own, but by doing so, they would not be proceeding as contemplated by Paragraph 8 and therefore may not continue to be represented by Judge Davis. Marie indicated in her message that she would be talking to Jay Lefkowitz tomorrow. In the interest of finality on this matter, I would greatly appreciate it if you could confirm for me that both the settlement procedure and the scope of Judge Davis' representation is resolved. Finally, I find it imperative that we have a meeting later this week with you to finalize this agreement. It should not take longer than 90 minutes. I hope you can set aside the time. Jeff, I greatly appreciate your efforts in helping to resolve this matter. I look forward to hearing from you shortly regarding your availability. Very truly yours, /s/ Lilly Ann Sanchez cc: Jay Lefkowitz, Esq. Alan Dershowitz, Esq. Martin Weinberg, Esq. Wit) W 'Met ***** 202 LAS (IWW7-20151 FOWLER WHITE BURNETT P.A. RFP MIA 000316 EFTA00209004 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) fra nt: Tuesday, October 09, 2007 5:09 PM Lilly Ann Sanchez mac: Sloman, Jeff (USAFLS) Subject: Jeffrey Epstein Attachments: 071009 Sanchez Ltr.pdf Dear Lilly: Enclosed please find a response to your letter to Jeff Sloman. You can reach me at 561 Thank you. Marie • • RFP MIA 000317 EFTA00209005 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Paint Beach, FL 33401 ($61) 8204711 Facsimile: (561)820-8777 October 9, 2007 VIA ELECTRONIC MAIL Lilly Ann Sanchez, Esq. Fowler White Burnett 1395 Brickell Ave Fl 14 Miami Florida 33131-3300 Re: Jeffrey Epstein Dear Lilly: Thank you for your letter to First Assistant Sloman regarding the selection of an attorney to represent the victims identified in the investigation of Mr. Epstein. While I appreciate your client's interest in a resolution of the victim's claims without the filing of lawsuits, I do not believe that your proposal falls within the terms of the Non-Prosecution Agreement signed by your client and the United States. I would reconunend the following. The U.S. Attorney's Office would ask Judge Davis to assist in the selection of one or more attorneys to represent the identified victims. If Judge Davis is willing to perform that limited service pro bono, Mr. Epstein will not need to pay for that service. The United States would provide Judge Davis with a list of criteria for the selection of the attorney(s). The selected attomey(s) would represent the victim(s) on a contingency fee basis, pursuant to a fee agreement reached between the victim(s) and the attomey(s). If he deems it appropriate, Judge Davis can propose the terms of that agreement, subject to acceptance by the victim. The lawyer(s) can interview each potential client to determine how they want to proceed — including whether she wants to use the attorney selected by Judge Davis or if she wants to choose her own attorney. Judge Davis can advise the selected attorney(s) of Mr. Epstein's desire to settle the cases out of court using Judge Davis as the mediator/special master, which the attorneys can report to their clients. If any one or more of the victims, in consultation with their independent counsel, wants to mediate the case, and agrees that Judge Davis should serve as the mediator/special master, they can proceed accordingly. At that point, Mr. Epstein's payment of Judge Davis's fees would be more appropriate. RFP MIA 000318 EFTA00209006 • • • LILLY ANN SANCHEZ, ESQ. OCTOBER 9, 2007 PAGE 2 I am out of the District, so I am not available to meet with you this week. I am available for a telephone conference tomorrow at 5:00 p.m. or Thursday at 5:00 p.m., if you would like to discuss this in more detail. I also have not heard any more from Jay Lefkowitz or Guy Lewis, so please let me know whether I need to contact them directly or if you will share this information with them. Thank you for your assistance. cc: Jeffrey Sloman, Esq. Sincerely, R. Alexander Acosta United States Attorney By: s/A. Marie Villafaiia A. Marie Villafana Assistant United States Attorney RFP MIA 000319 EFTA00209007 Villafana, Ann Marie C. (USAFLS) From: Stornan,Jeff(USAFLS) 411, mt Monday.Cctober22.20074:41 PM I: Jay Lefkowitz Cc: Acosta, Alex (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Epstein Attachments: 071015 Special Master Letter3.wpd; Addendum.wpd Jay, The Judge Davis issue is a non-starter. We've beaten that horse to death. Regarding your contention that "the attorney representative be told clearly that Mr. Epstein has agreed to pay the lawyer's hourly rate only for the time he or she spends working to effectuate settlements for the identified women," Alex and I agree that paragraph 7C is sufficient, Regarding the other points, we have made the following concessions: 1. Regarding the language concerning a lawyer whose firm is sizeable enough to litigate multiple trials simultaneously, I have removed paragraph 4 on page 3 of the letter. 2. Regarding the 150k statutory limit language, I have included a footnote which should satisfy your concern. 3. Regarding language there may be discovery to test the claims of alleged "victims", please see new paragraph 4 on page 3 which now states as criteria that the firm should have "Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims." illl have attached the Addendum and the revised letter to Judge Davis. Jay, this needs to be concluded. Alex and I believe that this is as far as we can go. Therefore, please advise me whether we have a deal no later than COB tomorrow, Tuesday, October 23, 2007. Thanks, Jeff Original Message From: Jay Lefkowitz [mailto:[email protected]] Sent: Friday, October 19, 2007 4:05 PM To: Sloman, Jeff (USAFLS) Subject: Re: Jeff - I have reviewed your proposed language and wanted to raise a few areas of concern. First, I am not sure why we are not just asking Judge Davis to represent these women. If he is available, that would save us a whole additional layer of process. I had thought that was initially the idea. I am not sure why you seem to be moving in another direction. I also cannot understand why the draft affirmatively requests that J Davis select a lawyer whose firm is sizeable enough to litigate multiple trials simultaneously. That seems to be ir: • ectly at odds with the purpose of the agreement, which is to facilitate out of court tlements. Indeed, to the extent any woman were to elect to bring an action against Mr. Epstein, she would not only be free to select any lawyer of her choice, but would be restricted from using the lawyer representative in this capacity due to the conflicts of RFP MIA 000320 EFTA00209008 . interests that would cause. This part of your proposed language is of signficiant concern to me. Your letter also indicates the 15Ok statutory limit without reference to the pre-existing Illi OG limit. To be sure, any of the women are free to seek whatever settlement they want, but ven the question that exists about the statutory amount, the letter should not state -finitely that it will be 15Ok. In addition, you have omitted a few important items from your proposal. Given that Judge Davis or any other potential attorney representative should understand the scope of the work, the language should make clear that there may be discovery to test the claims of alleged "victims." Finally, I think it is important that the attorney representative be told clearly that Mr. Epstein has agreed to pay the lawyer's hourly rate only for the time he or she spends working to effectuate settlements for the identified women. Jay Original Message From: "Sloman, Jeff (USAFLS)" [[email protected]] Sent: 10/17/2007 01:58 PM AST To: Jay Lefkowitz Subject: RE: «071015 Special Master Letter2.wpd» Jay, o re's our proposed letter to the special master. Jeff Original Message From: Jay Lefkowitz [mailto:[email protected]] Sent: Tuesday, October 16, 2007 9:26 AM To: Sloman, Jeff (USAFLS) Subject: Jeff - is there a time today we can speak? How about 430 pm? 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 - unication in error, please notify us immediately by urn e-mail or by e-mail to [email protected], and estroy this communication and all copies thereof, including all attachments. 2 RFP MIA 000321 EFTA00209009 • e information contained in this communication is Jnfidential, 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. • • 3 RFP MIA 000322 EFTA00209010 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beath, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 October -, 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contaithefer alga, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. RFP MIA 000323 EFTA00209011 • • • THE HON. EDWARD B. DAVIS (RET.) OCTOBER 2007 PAGE 2 OF 4 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his'or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.If any of the individuals referred to [in the paragraphs above] 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 agreed to between Epstein and the identified individual, 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, with respect 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 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 [the above paragraphs], neither Epstein's RFP MIA 000324 EFTA00209012 • • THE HON. EDWARD B. DAVIS (RET.) OCTOBER 2007 PAGE 3 OF 4 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. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section ... 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified victims as defined by this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women (the victims' current ages are between 16 and 24). 4. Experience litigating against large law firms and high profile attorneys who • ' An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. RFP MIA 000325 EFTA00209013 • • • Tiff: HON. EDWARD B. DAVIS (RET.) OCTOBER 2007 PAGE 4 OF 4 may test the veracity of the victims' claims. 5. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 6. Experience litigating in federal court in the Southern District of Florida. 7. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached. 8. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. cc: AUSA A. Marie Villafaha Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney RFP MIA 000326 EFTA00209014 • • • IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. B. The parties will jointly prepare a short written submission to the independent third- party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. C. Pursuant to additional paragraph A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. RFP MIA 000327 EFTA00209015 • • • By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. Dated: By: Dated: Dated: Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY A. MARIE VILLAFAICIA ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN RFP MIA 000328 EFTA00209016 • Villafana, Ann Marie C. (USAFLS) From: Jay Lefkowitz [email protected] al ,nt: Monday, October 22,2007 5:10 PM Sloman, Jeff (USAFLS) Uc: Acosta, Alex (USAFLS); Villafana, Ann Marie C. (USAFLS) Subject: Re: Epstein Attachments: 071015 Special Master Letter3.wpd; Addendum.wpd Jeff — I will review these materials this evening and be in touch with you tomorrow with the expectation of wrapping this up by the end of the day. One question I have, however, is why you say that Judge Davis is a non-starter. I understood that he was ready, willing and able to serve as the attorney representative. If you have had conversations with him and that is not the case, please let me know. I will go over the other issues you raise in your email and wil look forward to speaking tomorrow. Thanks — Jay "Woman. Jeff MAFIA" f•Jeff.SlomaneusOolipoir• 10/22/2007 04:40 PM a To 'fly Leawake <Jtelliositz010itlan0.cans cc 'Acosta. Nex (WARS)" calex.AcceteOumloi poi>. Viestane Mn MM. C. (USAFLST <Annktstis.C.VIllelansaustill4-90n SotOM Epstein The Judge Davis issue is a non-starter. We've beaten that horse to death. Regarding your contention that "the attorney representative be told clearly that Mr. Epstein has agreed to pay the lawyer's hourly rate only for the time he or she spends working to effectuate settlements for the identified women," Alex and I agree that paragraph 7C is sufficient, Regarding the other points, we have made the following concessions: 1. Regarding the language concerning a lawyer whose firm is sizeable enough to litigate multiple trials simultaneously, I have removed paragraph 4 on page 3 of the letter. 2. Regarding the 150k statutory limit language, I have included a footnote which should satisfy your concern. 3. Regarding language there may be discovery to test the claims of alleged "victims", please see new paragraph 4 on page 3 which now states as criteria that the firm should have "Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims." I have attached the Addendum and the revised letter to Judge Davis. Jay, this needs to be concluded. Alex and I believe that this is as far as we can go. Therefore, please advise me whether we have a deal no later than COB tomorrow, Tuesday, October 23, 2007. Thanks, Jeff • Original Message I RFP MIA 000329 EFTA00209017 From: Jay Lefkowitz (mailto:[email protected]) Sent: Friday, October 19, 2007 4:05 PM To: Sloman, Jeff (USAFLS) Subject: Re: • ff - I have reviewed your proposed language and wanted to raise a few areas of concern. First, I am not sure why we are not just asking Judge Davis to represent these women. If he is available, that would save us a whole additional layer of process. I had thought that was initially the idea. I am not sure why you seem to be moving in another direction. I also cannot understand why the draft affirmatively requests that J Davis select a lawyer whose firm is sizeable enough to litigate multiple trials simultaneously. That seems to be directly at odds with the purpose of the agreement, which is to facilitate out of court settlements. Indeed, to the extent any woman were to elect to bring an action against Mr. Epstein, she would not only be free to select any lawyer of her choice, but would be restricted from using the lawyer representative in this capacity due to the conflicts of interests that would cause. This part of your proposed language is of signficiant concern to me. Your letter also indicates the 150k statutory limit without reference to the pre- existing 50G limit. To be sure, any of the women are free to seek whatever settlement they want, but given the question that exists about the statutory amount, the letter should not state definitely that it will be 150k. In addition, you have omitted a few important items from your proposal. Given that Judge Davis or any other potential attorney representative should understand the scope of the work, the language should make clear that there may be discovery to test the claims of alleged "victims." • nally, I think it is important that the attorney representative be told clearly that .ir. Epstein has agreed to pay the lawyer's hourly rate only for the time he or she spends working to effectuate settlements for the identified women. Jay Original Message From.: "Sloman, Jeff (USAFLS)" ([email protected]) Sent: 10/17/2007 01:58 PM AST To: Jay Lefkowitz Subject: RE: «071015 Special Master Letter2.wpd>> Jay, Here's our proposed letter to the special master. Jeff Original Message From: Jay Lefkowitz (mailto:JLefkowitzekirkland.com) Sent: Tuesday, October 16, 2007 9:26 AM To: Sloman, Jeff (USAFLS) Subject: Jeff - is there a time today we can speak? 2 RFP MIA 000330 EFTA00209018 How about 430 pm? The information contained in this communication is • •nfidential, may be attorney-client privileged, may nstitute inside information, and is intended only for ,ne 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 postmasterekirkland.com, 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 & 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 postmastertikirkland.com, and destroy this communication and all copies thereof, including all attachments. • 3 RFP MIA nrin'431 EFTA00209019 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) 0 nt: Wednesday, October 24, 2007 3:45 PM Jay Lefkowitz 4;c: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Subject: Epstein - Addendum and Letter to Judge Davis Addendum.wpd 071015 Special Master Letter4.... Jay, Pursuant to our conversation, here is the revised letter and a new addendum. The only change to the addendum is that I renumbered the new paragraphs from A,B, and C to 7A, 7B, and 7C. Once you approve, I will contact Judge Davis and send him the letter. Please execute the addendum, PDF the executed original to me as soon as possible and Fed Ex the original to me thereafter. Jeff • • 1 RFP MIA 000332 EFTA00209020 • • • IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third- party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. RFP MIA 000333 EFTA00209021 • • • By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. Dated: By: Dated: Dated: Dated: R. ALEXANDER ACOSTA UNITED STATES ATTORNEY A. MARIE VILLAFA&A ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN RFP MIA 000334 EFTA00209022 U.S. Department of Justice United States Attorney Southern District of Florida 99 N.E. 44 Street Miami. FL 33132-211/ (305) 961-9299 Facsimile: (305) 530-6444 October 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contaiiisier alia, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. RFP MIA 000335 EFTA00209023 • • • THE !ION. EDWARD B. DAVIS (RET.) OCTOBER 2007 PAGE 2 OF 4 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.1f any of the individuals referred to [in the paragraphs above] 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 agreed to between Epstein and the identified individual, 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, with respect 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 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 [the above paragraphs), neither Epstein's RFP MIA 000336 EFTA00209024 • • THE HON. EDWARD B. DAVIS (Rat) OCTOBER 2007 PAGE 3 OF 4 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. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section ... 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. • ' An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. RFP MIA 000337 EFTA00209025 • • • ME HON. EDWARD B. DAvis (BET.) OCTOBER 2007 PAGE 4 OF 4 If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. cc: AUSA A. Marie Villafana Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney RFP MIA 000338 EFTA00209026 Villafana, Ann Marie C. (USAFLS) From: Sloman, Jeff (USAFLS) III rnt: Wednesday, October 24, 2007 5:30 PM x Jay Lefkowitz ...;c: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS) Subject: Epstein - Letter to Judge Davis Jay, Here is the latest and hopefully final version of the letter to Judge Davis. Jeff 071015 Special Master Letter5.... • • 1 RFP MIA 000339 EFTA00209027 U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (56!) 820-871! Facsimile: (561) 820-8777 October -, 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contaitisfer alia, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. RFP MIA 000340 EFTA00209028 • • • THE HON. EDWARD B. DAVIS (Rer.) OCTOBER 2007 PAGE 2 or 4 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstcin's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.1f any of the individuals referred to [in the paragraphs above] 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 agreed to between Epstein and the identified individual, 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, with respect 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 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 [the above paragraphs], neither Epstein's RFP MIA 000341 EFTA00209029 • • • THE HON. EDWARD B. DAVIS (RET.) OCTOBER 2007 PAGE 3 OF 4 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. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. The United States takes no position as to the validity of any such claim under this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women. 4. Experience litigating against large law firms and high profile attorneys who ' An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. RFP MIA 000342 EFTA00209030 • • • THE HON. EDWARD B. DAVIS (RET.) OCTOBER 2007 PAGE 4 OF 4 may test the veracity of the victims' claims. 5. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 6. Experience litigating in federal court in the Southern District of Florida. 7. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached (defense counsel has reserved the right to challenge such litigation). 8. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me and/or the U.S. Attorne and/or Jay Lefkowitz, Esq. on behalf of Epstein. Mr. Lefkowitz can be reached at - Kirkland & Ellis LLP, Citigroup Center, 153 East 53rd Street, New York, New York 10022-4611. Thank you again for your assistance with this matter. cc: AUSA A. Marie Villafafla By: Sincerely, R. Alexander Acosta United States Attorney Jeffrey Sloman First Assistant United States Attorney RFP MIA 000343 EFTA00209031 U.S. Department ofJustice United States Attorney Southern District of Florida 99 N.E. 4" Street Miami. F133132 Telephone: (303) 961-9299 Facsimile: (305) 530-6444 October 25, 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alia, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. RFP MIA 000344 EFTA00209032 THE HON. EDWARD B. DAVIS (RET.) OCTOBER 25, 2007 PAGE 2 OF 4 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.If any of the individuals referred to [in the paragraphs above] 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 agreed to between Epstein and the identified individual, 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, with respect 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 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 [the above paragraphs], neither Epstein's RFP MIA 000345 EFTA00209033 THE HON. EDWARD B. DAVIS (RET.) OcroBER 25, 2007 PAGE 3 OF 4 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. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section ... 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. The United States takes no position as to the validity of any such claim under this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women. 4. Experience litigating against large law firms and high profile attorneys who ' An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. RFP MIA 000346 EFTA00209034 • • TILE HON. EDWARD B. DAVIS (RET.) OCTOBER 25, 2007 PAGE 4 OF 4 may test the veracity of the victims' claims. 5. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 6. Experience litigating in federal court in the Southern District of Florida. 7. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached (defense counsel has reserved the right to challenge such litigation). 8. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me and/or the U.S. Attorney and/or Jay Lefkowitz, Esq. on behalf of Epstein. Mr. Lefkowitz can be reached at - Kirkland & Ellis LLP, Citigroup Center, 153 East 53rd Street, New York, New York 10022-4611. Thank you again for your assistance with this matter. cc: AUSA A. Marie Villafafia By: Sincerely, R. Alexander Acosta United States.Attorney Jeffrey Sloman First Assistant United States Attorney RFP MIA 000347 EFTA00209035 10/25/07 THU 13:19 FAX 305 530 6440 EXECUTIVE OFFICE fool • • se: TRANSMISSION OK TX REPORT sits TX/RI NO 3333 CONNECTION TEL 912124464900 SUBADDRESS CONNECTION ID ST. TIME 10/25 13:17 USAGE T 01'55 PGS. 5 RESULT OK U.S. Department of Justice United St