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stetson.. IOU 14:DV FAA I £1.1 bat) AbUU K I KKLAND&ELL 1 S 1-LP fTh on 2 • • • KIRKLAND & ELLIS LLP PalLIATLD rAinaltillIS 777 South Figueroa Street Los Angeles, Carona. 90017 Keened, W. Stair To Cell Wier Maly. (213) 600-8400 VIA FACSIMILE (305) 530-6444 Honorable It Alexander Acosta United States Attorney United States Attorney's Office Southern District of Florida 99 NE 4th Street Miami, FL 33132 Re: Jeffrey Epstein Dear Alex: www.kklaancloorn December 5, 2007 We are in receipt of your letter faxed to Jay on December 4 and faxed to Ken today in Los Angeles, and write to inform you that we will respond in full to that letter no later than Friday, December 7. We take this opportunity to address a few of the initial issues. First and foremost, we reaffirm the Non Prosecution Agreement (the "Agreement"). Mr. Epstein has no intention of unwinding the Agreement. Indeed, he has already performed under the Agreement by directing his lawyers to urge the State of Florida to allow him to plead guilty to crimes more egregious than the State believes he committed, and to sentence him more harshly than the State still believes is appropriate. However, as you know, we take serious issue with your staffs interpretation and implementation of the Agreement, in particular the use of Section 2255, but also other aspects of your office's investigation and prosecution of this matter. As we have expressed to you on prior occasions — where you have made clear you have no objection — we hope to address these issues with Assistant Attorney General Fisher in Washington. Second, your letter makes reference to "certain filings" that you state are due to your Office by December 7 and to "certain events" that must occur before December 14. We have no knowledge of any such deadlines and in fad do not know what filings and events to which you art referring. Plcaso let us know what the December 7 and December 14 deadlines arc, if any, so that we can make sure to comply with them. EFTA00224565 2.4/4.00/IJI ant 13:UU rAA 1 ZIJ b5U bbOU KIHKLAND&ELLIS LLP Z00.3 Honorable R. Alexander Acosta December 5, 2007 Page 2 AN Finally, you state that you intend to issue the victim no ' • ers on Friday, December 7. However, in a discussion late last week between and Lilly Ann Sanchez, Mr. iindicated that your Office would send us a rein version of the notification letter, 'ch we have not received to date. . While we believe that it is wholly inappropriate for your Office to send this letter under any circumstances, it is certainly inappropriate to issue this letter without affording us the right to review it. We strongly urge that you withhold the notification letter until after we are able to discuss this matter with Assistant Attorney General Fisher. Yours S Kenneth W. Starr la Le owitz cc: Honorable Alice Fisher, Assistant Attorney General First Assistant U.S. Attorney REP MiA 000016 EFTA00224566