U.S. Department of Justice

U.S. Department of Justice .United States Attorney Southern District of F7orida S00 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 Facsimile: June 12, 2009 DELIVERY BY HAND Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. . One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: Pursuant to the terms ofthe Non-Prosecution Agreement, theUnited StatesAttomey' s Office for the Southern District of Florida hereby provides you with notice that the United States Attorney has determined, based on reliable evidence, that Jeffrey Epstein has willfully violated one of the conditions of the Non-Prosecution Agreement. Specifically, on May 26, 2009, Jeffrey Epstein, through his counsel, filed a "Motion to Dismiss the First Amended Complaint or, in the Alternative, for a More Definite Statement," in the matter of Jane Doe No. 1011 alkey Epstein, Court File No. 09-CV-80591-ICAM. "Jane Doe No. 101" was on the list provided to Mr. Epstein's attorneys of individuals whom the United States had identified as victims, as defined in 18 U.S.C. § 2255, and "Jane Doe No. 101" has elected to proceed exclusively under 18 U.S.C. § 2255. By filing the Motion to Dismiss, Mr. Epstein is contesting liability and, therefore, has violated Term 8 ofthe Non-Prosecution Agreement. Based upon Mr. Epstein's breach of that term, the U.S. Attorney's Office will pursue its remedies. The U.S. Attorney's Office also is continuing its review of Mr. Epstein's filings in the civil suits to determine whether additional breaches have occurred. If any are EXHIBif 87 EFTA00224521 JACK GOLDBERGER, MD. JUNE 12, 2009 PAGE 2 on identified, they will be communicated to you in accordance with the terms of the Non- Prosecution Agreement. Sincerely, Jeffrey H. Sloman • Acting United States Attorney By: Assistant United States Attorney cc: Chief, Northern Division Roy Black, Esq. EFTA00224522