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efta-efta00214100DOJ Data Set 9Other

U.S. Department of Justice

U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 Facsimile: June 17,2009 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: Thank you for your letter of June 15, 2009. I did not receive your letter until late yesterday afternoon because I am shuttling back and forth between the Fort Lauderdale and West Palm Beach offices. The best way to reach me is via e-mail. With respect to the substance of your letter, the Office has not completed its review of Mr. Epstein's civil filings and correspondence related to the payment of the attorney representative's fees, so I cannot confirm that all outstanding issues have been resolved. If and when additional breaches are identified, timely notice will be provided in accordance with the terms of the Non- Prosecution Agreement.

Date
Unknown
Source
DOJ Data Set 9
Reference
EFTA 00214100
Pages
2
Persons
3
Integrity

Summary

U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 Facsimile: June 17,2009 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: Thank you for your letter of June 15, 2009. I did not receive your letter until late yesterday afternoon because I am shuttling back and forth between the Fort Lauderdale and West Palm Beach offices. The best way to reach me is via e-mail. With respect to the substance of your letter, the Office has not completed its review of Mr. Epstein's civil filings and correspondence related to the payment of the attorney representative's fees, so I cannot confirm that all outstanding issues have been resolved. If and when additional breaches are identified, timely notice will be provided in accordance with the terms of the Non- Prosecution Agreement.

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U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 Facsimile: June 17,2009 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: Thank you for your letter of June 15, 2009. I did not receive your letter until late yesterday afternoon because I am shuttling back and forth between the Fort Lauderdale and West Palm Beach offices. The best way to reach me is via e-mail. With respect to the substance of your letter, the Office has not completed its review of Mr. Epstein's civil filings and correspondence related to the payment of the attorney representative's fees, so I cannot confirm that all outstanding issues have been resolved. If and when additional breaches are identified, timely notice will be provided in accordance with the terms of the Non- Prosecution Agreement. As to your proposal, our Office is extremely reluctant to become involved in the civil suits filed against Mr. Epstein. The Office also lacks the resources to review the volume of pleadings filed in each of the state and federal lawsuits in order to provide advisory opinions. As I mentioned in my letter to you, our Office still has not realized any benefit of its bargain related to finality and savings of resources, and your proposal further diminishes any hope of realizing that benefit. The duty to stay within the bounds of the Non-Prosecution Agreement lies with Mr. Epstein and he alone has the power to remain in compliance. While you remark on Mr. Acosta's comments that some of the language in the Non-Prosecution Agreement is "far from simple," Mr. Epstein has a highly skilled team to assist him, and compliance with the Agreement is not complicated. For example, making "best efforts" to enter a guilty plea in a timely fashion is not complicated, and providing the state plea agreement to our Office in advance of entering the state guilty plea is not complicated. The Non-Prosecution Agreement also contains very clear language regarding the sentence — it says that Mr. Epstein shall not be sentenced to "community control," yet Mr. Epstein tried to enter a state plea agreement that specifically called for a sentence of 18 months of "community control," and then sat idly by when Judge McSorley entered a judgment nunc pro tunc that imposed a sentence of "community control." It is similarly uncomplicated to allow the U.S. Attorney's Office to administer properly its victim notification obligations by providing correct and complete information regarding the Non- Prosecution Agreement and advance notice of Mr. Epstein's impending release. With respect to the civil litigation, it is not complicated to pay the attorney representative's fees as Mr. Epstein agreed to do; and it is not complicated to understand that, when a named victim files a claim exclusively under Section 2255, Mr. Epstein cannot assert that there is no liability. I also do not see the difficulty in undertaking those 2255 obligations in good faith by analyzing each victim's claim separately—the extent and type of sexual interactions that she had with Mr. Epstein and the EFTA00214100 harm that she suffered—and trying to negotiate a fair and just settlement, rather than making a blanket "$50,000 or nothing" settlement demand. The time for gamesmanship has passed. I remain hopeful that Mr. Epstein will take all of his obligations seriously and elect to err on the side of caution in making decisions that relate to the performance of his duties. Sincerely, Jeffrey H. Sloman Acting United States Attorney By: Assistant United States Attorney CC , Chief, Northern Division Jack Goldberger, Esq. Roy Black, Esq. EFTA00214101

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U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 500 E. Broward Boulevard, 7th Floor Ft. Lauderdale, FL 33394 (954)356-7255 July 7, 2009 Thank you for your letters of June 19th. From your letters, it appears that you have misconstrued the Office's past efforts at alleviating Mr. Epstein's unfounded fears of disparate treatment. You seem to have interpreted those efforts as either: (1) an acknowledgement of the validity of those fears, or (2) an acquiescence to the efforts of Mr. Epstein to avoid the full terms of the Non-Prosecution Agreement. So, for example, you write that, in an email to Mr. Acosta, you "confirmed that 'there were significant irregularities with the deferred prosecution agreement,' and that "Mr. Acosta agreed to many of our objections and adopted

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IthibiSlornam taco L•fhwitit EFTA00176182 U.S. Department of Justice United States Attorney Southern District of Florida DELIVERY BY FACSIMILE Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: 99 M.E. 41' Street Miami, FL 33132-211! (305) 961-9299 Facsimile: (305) 530-6444 December 6, 2007 I write in response to your recent e-mails and letters regarding victim notification and other issues. Our Office is trying to perform our contractual obligations under the Agreement, which we feel are being frustrated by defense counsel's objections. The Office also is concerned about Mr. Epstein's nonperformance. More than three weeks ago we spoke about the failure to set a timely plea and sentencing date. At that time, you assured me that the scheduling delay was caused by the unavailability of Judge McSorley. You promised that a date would be set promptly. On November 15th, Roland

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Rol Slack lir „kite' 2/949 Arcrwite a." 2434 7 Antai, Liu) 3 cut, , 4,/e EFTA00183732 KIRKLAND & ELLIS LLP AND AfilL/ArtO PART/H.3We; ' Cntercup Cantor 163 East 53'd Street New York, New York 10022-4611 WNW rwerA.COM September 2, 2008 VIA FACSIMILE (56D 820-8777 United States Attorney's Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Re:Jeffrey Bpstein Dear • Facsimile: In response to your letter dated August 26, 2008, I am confirming that Mr. Goldberger should continue to be listed as the contact pawn in the' mended victim notification letters and should receive the carbon copies of thoso letters as they are sent. • Also, we plan on speaking to Mr. Josofsberg this week to discuss a procedure for paying his fees. We intend to comply fully with the agreement and Mr. Epstein will pay Mr. Josfsberg's usual and customary hourly rates for his work pursuant to the agreement facilitating settlements unde

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isiMoi keels to Starr EFTA00176157 U.S. Department of Justice United States Attorney Southern District of Florida R ALEXANDER ACOSTA UNITED STATES ATTORNEY DELIVERY BY FACSIMILE Kenneth W. Starr, Esq Kirkland & Ellis LLP 777 South Figueroa Street Los Angeles, CA 90017 Re: Jeffrey Epstein Dear Mr. Starr: 99 N.E. 4Srne1 Miami. FL 33132 (303)961-9100. Telephone (303) 530.6444 Facsimile I write in response to your November 28'h letter, in which you raise concerns regarding the Non-Prosecution Agreement between this Office and your client, Mr. Epstein. I take these concerns seriously. As your letter focused on the Section 2255 portion of the Agreement, my response will focus primarily on that issue as well. I do wish to make some more general observations, however. Section 2255 provides that "[ajny person who, while a minor, was a victim of a violation of [enumerated sections of Title 18) and who suffers personal injury as a result of such violation . . . may sue in

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