BURMAN, CRITTON

BURMAN, CRITTON LUTTIER&COLEMAN, LLP YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP J. MICHAEL BURMAN. PAP GREGORY W. COLEMAN. PA ROBERT D. CRITTON, JR. PA' BERNARD A_ LESEDEKER MARKT. LUTTIER. PA Arran, C. PEPIN MICHAEL J. PIKE HEATHER MCNAMARA RUDA DAVID A. YAREMA 'HONDA BOARD CERTIFIED CIVIL TRIAL LAWYER 'ADMITTED TO pRAcnct IN FLORIDA AND COLORADO Sent by E-mail Only Katherine W. Ezell, Esq. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, FL 33130 December 4, 2009 ADELOS0 J. BENAVENTE PARALLGAVINVISTICATOR JESSICA. CADWELL BOBBIE M. MCKENNA ASHLIE STOKEN•SARING BETTY STOKES PARALWALS RITA H. BUDNYK Of COUNSEL EDWARD M. RICCI SHOAL pOnsumu. Aosta COuNSH Re: Jane Doe 101 and 102 Dear Kathy: As per our discussion this afternoon, I am enclosing copies of the Settlement Agreements signed in Jane Doe 101 and 102 by my client, Jeffrey Epstein. With the understanding that you are pdfing to me signed copies of the agreements by your clients, Jane Doe 101 and 102 and the signed Stipulation, you have my permission to release the funds which are currently held in your trust account to resolve both cases. Both you and I are sending today by Federal Express the documents which we are pdfing. If this is not your understanding, do not release the funds. Cordially y Robe ritton, Jr. cc: Jack Goldberger, Esq. 303 BANYAN BOULEVARD • SUITE 4® • WEST PALM BEACH. FL 33401 • PHONE: WWW. BC LC LAW.COM • FAX: EFTA00617291 SETTLEMENT AGREEMENT AND GENERAL RELEASE fikiaMIIMEIMIIIM") , individually, and Jeffrey Epstein, individually (jointly referred to as "Parties"), enter into this Settlement Agreement and General Release ("Settlement Agreement") in order to resolve the pending litigation between them as follows: 1. Dismissal. The Parties agree to immediately dismiss the pending lawsuit presently styled Jane Doe No. 102 vs. Jeffrey Epstein, Case No. 09-80656-CIV- Marra/Johnson (Southern District of Florida), with prejudice upon payment and clearance of the settlement amount; however, the Court will be asked to retain jurisdiction to enforce the terms of this Settlement Agreement. 2. General Release. and her agent(s), attorney(s), predecessor(s), successor(s), heir(s), administrator(s), and/or assign(s) (hereinafter, "First Parties"), for and in consideration of the sum of Five Hundred Thousand Dollars ($500,000.00) and other valuable consideration, received from or on behalf of Jeffrey Epstein and his agent(s), attomey(s), predecessor(s), successor(s), heir(s), administrator(s), assign(s) and/or employee(s) (hereinafter, "Second Parties"), the receipt whereof is hereby acknowledged, HEREBY remise, release, acquit, satisfy, and forever discharge the said Second Parties and any other person or entity who could have been included as a potential defendant ("Other Potential Defendants") from all, and all manner of, action and actions of including State or Federal, cause and causes of action (common law or statutory), suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, 1 EFTA00617292 specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims, and demands whatsoever in law or in equity for compensatory or punitive damages that said First Parties ever had or now have, or that any personal representative, successor, heir, or assign of said First Parties hereafter can, shall, or may have, against Jeffrey Epstein, or Other Potential Defendants for, upon, or by reason of any matter, cause, or thing whatsoever (whether known or unknown), from the beginning of the world to the day of this release. The issue of amount of attorneys' fees and costs is specifically addressed in Paragraph 8, Attorneys' Fees and Costs. It is further agreed that this Settlement Agreement represents a final resolution of a disputed claim and is intended to avoid litigation. This Settlement Agreement shall not be construed to be an admission of liability or fault by any party. Additionally, as a material consideration in settling, First Parties and Second Parties agree that the terms of this Settlement Agreement are not intended to be used by any other person nor be admissible in any proceeding or case against or involving Jeffrey Epstein, either civil or criminal. First and Second Parties further stipulate and agree that this Settlement Agreement is pursuant to and is in fulfillment of Jeffrey Epstein's obligations to exclusive of attorneys' fees and costs, pursuant to and in conformity with the Non- Prosecution Agreement, its Addendum, and its Affirmation (collectively, the "NPA"), between Jeffrey Epstein and the United States Attorney for the Southern District of Florida. First and Second Parties further stipulate and agree that this Settlement Agreement should not in any way be construed as an admission by Jeffrey Epstein that he violated any federal statute that constitutes a predicate for a damage claim under 18 U.S.C. § 2255 or 2 EFTA00617293 an admission that he violated any other federal or state statute. 3. Payment. Payment of the settlement funds has been made to ' attorneys' trust account, but may not be released until this agreement has been executed and the case is dismissed with prejudice. 4. Reciprocal Confidentiality. The Parties agree that the amount of this settlement shall be kept strictly confidential and shall not be disclosed at any time to any third party, except: (a) immediate family members of the Parties (whose identities must be provided as "Eyes Only" to Sidney Stubbs, Esq., Special Master, or his designee, in a sealed envelope to be opened only if a third party is alleged to have breached this provision); (b) to the extent required by law or rule; (c) to the extent necessary in connection with medical treatment, legal, financial, accounting or tax services, or appropriate tax reporting purposes (only if necessary); (d) in the event that ail or part of the proceeds of this settlement are to be placed in trust for-, to the trustee(s) of such trust; or (e) in response to a validly issued subpoena from a governmental or regulatory agency. Any third party who is advised of the settlement amount must sign a document acknowledging that such third party is aware of this confidentiality provision and is bound by it, including the provisions contained in this Settlement Agreement relating to the enforcement of this confidentiality provision. The Parties further agree that the Parties shall not provide any copy, in whole or in part, or in any form, of this Settlement Agreement to any third party, except to the extent required by law or rule or in response to a validly issued subpoena from a governmental or regulatory agency. Moreover, neither this Settlement Agreement, nor any copy hereof, nor the terms hereof shall be used or disclosed in any court, arbitration, or other legal proceedings, except to enforce the 3 EFTA00617294 provisions of this Settlement Agreement. If any of the Parties are served with a valid subpoena, court order, government agency order or subpoena, or other compulsory legal process, pursuant to which disclosure of this Settlement Agreement, the settlement amount, or other terms hereof is requested, or production of the Settlement Agreement is requested, the Party so served shall give counsel for the other Party notice thereof within five (5) days of such service and, prior to making any such disclosure, shall give counsel to such other Party at least ten (10) days to commence necessary proceedings to obtain a court order preventing, limiting, or otherwise restricting such disclosure. 5. Anonymity. Second Parties shall not release n' identity, name, or physical depiction, or otherwise identify express written waiver of her right to anonymity, outside of ongoing or future litigation- related or claim-related matters. First Parties acknowledge that Second Parties have no control over what other plaintiffs' attorneys, witnesses' attorneys, or witnesses may do or disclose in other cases regarding depositions and discovery. Second Parties may be required to subpoena and depose and call her at trial(s). Except as provided in this Settlement Agreement, nothing shall prohibit Second Parties from conducting Jeffrey Epstein's defense, investigation, and trial(s) as his lawyers deem appropriate. Robert Josefsberg and Katherine Ezell are hereby deemed to have full authority to accept a subpoena from Second Parties on behalf, so that Second Parties are not in violation of the terms of Paragraph 6, No Contact. 6. No Contact. Jeffrey Epstein agrees to continue to abide by Judge Marra's July 31, 2009 No Contact Order or any modification of same by the Court, so long as First Parties are given notice of any such modification and an opportunity to address this matter 4 EFTA00617295 before the Court. 7. Enforcement. This Settlement Agreement shall be governed by the laws of the State of Florida. In the event of litigation arising out of a dispute over the interpretation of this Settlement Agreement, the prevailing party shall be entitled to recover its cost of litigation, including attorneys' fees and other reasonable costs of litigation. Should the federal court not retain jurisdiction, the Parties (and any third party) agree that the courts of the 15th Judicial Circuit of Palm Beach County shall have exclusive jurisdiction over the subject matter and shall have personal jurisdiction over the Parties (and third parties). In the event of an enforcement matter, the First Parties (and any third party family member) agree that Robert Josefsberg or Katherine Ezell is authorized to accept service for them, and Robert D. Critton, Jr. is authorized to accept service for Jeffrey Epstein. First and Second Parties expressly acknowledge and agree that, if either First or Second Parties allege that a breach of the confidentiality provision has occurred, or if First Parties allege that a breach of the anonymity or no contact provision has occurred, the aggrieved First or Second Parties may seek an appropriate remedy with the Court. If the Court finds a breach of the confidentiality, anonymity, or no contact provision set forth above, the Court shall determine the amount of the award. Equitable remedies are not relinquished by virtue of this provision; nor does either Party relinquish the right to pursue any other legal or equitable damages to which (s)he may be entitled as a result of the other Party's breach, including, but not limited to, prevailing party costs, to include attorneys' fees. 8. Attorneys' Fees and Costs. This settlement does not include any amounts for attorneys' fees or costs. The Parties and their attorneys have agreed to resolve the 5 EFTA00617296 amount of attorneys' fees and costs through the Special Master whom they have mutually selected, Sidney Stubbs, Esq. agrees that any claims by her for attorneys' fees or costs is solely through her attorneys and the Special Master proceeding. 9. Miscellaneous. a. The Parties further confirm and acknowledge that this Settlement Agreement is being entered into without any duress or undue influence, and that they have had a full and complete opportunity to discuss the terms of the Settlement Agreement with their own attorneys. b. agrees that it is her obligation to pay any outstanding bills relating to this matter from all healthcare providers, satisfy any healthcare provider obligations arising out of the injuries underlying her claim, and hold Second Parties harmless from same. This provision does not include health care evaluations, if any, which are costs that have been paid for by her attorneys. These costs will be subject to reimbursement by the Second Parties, to the extent that they are for evaluation and not treatment. If the Parties do not agree as to whether these costs are for evaluations and not treatment and/or do not agree as to the reasonableness of the amounts claimed, then the Special Master will make those determinations. c. This Settlement Agreement was negotiated and entered into by the Parties with the advice and assistance of respective counsel. d. This Settlement Agreement may be executed by the Parties in counterparts on separate signature pages. 6 EFTA00617297 e. The Parties and their counsel will cooperate to execute the necessary pape►work and court filings to carry out the terms of this Settlement Agreement. [The remainder of this page is intentionally left blank.] EFTA00617298 It is so agreed. f/k/a Jeffrey Eps Date Date STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared who is personally known to me or has produced , as identification, and executed the foregoing instrument. WITNESS my hand and official seal this day of , 2009. Justice of the Peace Print Name: Commission No.: My Commission Expires: STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Jeffrey Epstein, who is personally known to me or has producedA/4rO ,7 , as identification, and executed the foregoing instrument. WITNESS my hand and official seal this n day of 444441 ,e- , 2009. ee.a.e-,et. a 64 te--eP 3/43/4 JESSICA CADWELL MY COVISESION i OD /63629 EXPIRES Pat 19, 20 I3 &Sod Thou Nan Rd* Ursrosikcs try ublic t Name: 1✓/16.9ele fr eeve-i( Commission No • 4,0e5 5a/-9 8 W / 9 / 5 EFTA00617299 My Commission Expires: For Any Notice Provision: 1. For Robert C. Josefsberg, Esq. or Katherine W. Ezell, Esq. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, F Phone: Fax: 2. For Jeffrey Epstein Robert D. Critton, Jr., Esq. Burman, Critton, Luttier & Coleman, LLP 303 Banyan Boulevard, Suite 400 West Palm 33401 Phone: Fax: or Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm 33401-5012 Phone: Fax: 9 EFTA00617300 SETTLEMENT AGREEMENT AND GENERAL RELEASE ), individually, and Jeffrey Epstein, individually (jointly referred to as "Parties"), enter into this Settlement Agreement and General Release ("Settlement Agreement") in order to resolve the pending litigation between them as follows: 1. Dismissal. The Parties agree to immediately dismiss the pending lawsuit presently styled Jane Doe No. 101 vs. Jeffrey Epstein, Case No. 09-80591-C1V- Marra/Johnson (Southern District of Florida), with prejudice upon payment and clearance of the settlement amount; however, the Court will be asked to retain jurisdiction to enforce the terms of this Settlement Agreement. 2. General Release. and her agent(s), attorney(s), predecessor(s), successor(s), heir(s), administrator(s), and/or assign(s) (hereinafter, "First Parties"), for and in consideration of the sum of One Hundred Thousand Dollars ($100,000.00) and other valuable consideration, received from or on behalf of Jeffrey Epstein and his agent(s), attorney(s), predecessor(s), successor(s), heir(s), administrator(s), assign(s) and/or employee(s) (hereinafter, "Second Parties"), the receipt whereof is hereby acknowledged, HEREBY remise, release, acquit, satisfy, and forever discharge the said Second Parties and any other person or entity who could have been included as a potential defendant ("Other Potential Defendants") from all, and all manner of, action and actions of including State or Federal, cause and causes of action (common law or statutory), suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, 1 EFTA00617301 specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims, and demands whatsoever in law or in equity for compensatory or punitive damages that said First Parties ever had or now have, or that any personal representative, successor, heir, or assign of said First Parties hereafter can, shall, or may have, against Jeffrey Epstein, or Other Potential Defendants for, upon, or by reason of any matter, cause, or thing whatsoever (whether known or unknown), from the beginning of the world to the day of this release. The issue of amount of attorneys' fees and costs is specifically addressed in Paragraph 8, Attorneys' Fees and Costs. It is further agreed that this Settlement Agreement represents a final resolution of a disputed claim and is intended to avoid litigation. This Settlement Agreement shall not be construed to be an admission of liability or fault by any party. Additionally, as a material consideration in settling, First Parties and Second Parties agree that the terms of this Settlement Agreement are not intended to be used by any other person nor be admissible in any proceeding or case against or involving Jeffrey Epstein, either civil or criminal. First and Second Parties further stipulate and agree that this Settlement Agreement is pursuant to and is in fulfillment of Jeffrey Epstein's obligations to exclusive of attorneys' fees and costs, pursuant to and in conformity with the Non-Prosecution Agreement, its Addendum, and its Affirmation (collectively, the "NPA"), between Jeffrey Epstein and the United States Attorney for the Southern District of Florida. First and Second Parties further stipulate and agree that this Settlement Agreement should not in any way be construed as an admission by Jeffrey Epstein that he violated any federal statute that constitutes a predicate for a damage claim under 18 U.S.C. § 2255 or 2 EFTA00617302 an admission that he violated any other federal or state statute. 3. Payment. Payment of the settlement funds has been made toe Ma attorneys' trust account, but may not be released until this agreement has been executed and the case is dismissed with prejudice. 4. Reciprocal Confidentiality. The Parties agree that the amount of this settlement shall be kept strictly confidential and shall not be disclosed at any time to any third party, except: (a) immediate family members of the Parties (whose identities must be provided as "Eyes Only" to Sidney Stubbs, Esq., Special Master, or his designee, in a sealed envelope to be opened only if a third party is alleged to have breached this provision); (b) to the extent required by law or rule; (c) to the extent necessary in connection with medical treatment, legal, financial, accounting or tax services, or appropriate tax reporting purposes (only if necessary); (d) in the event that all or part of the proceeds of this settlement are to be placed in trust for to the trustee(s) of such trust; or (e) in response to a validly issued subpoena from a governmental or regulatory agency. Any third party who is advised of the settlement amount must sign a document acknowledging that such third party is aware of this confidentiality provision and is bound by it, including the provisions contained in this Settlement Agreement relating to the enforcement of this confidentiality provision. The Parties further agree that the Parties shall not provide any copy, in whole or in part, or in any form, of this Settlement Agreement to any third party, except to the extent required by law or rule or in response to a validly issued subpoena from a governmental or regulatory agency. Moreover, neither this Settlement Agreement, nor any copy hereof, nor the terms hereof shall be used or disclosed in any court, arbitration, or other legal proceedings, except to enforce the 3 EFTA00617303 provisions of this Settlement Agreement. If any of the Parties are served with a valid subpoena, court order, government agency order or subpoena, or other compulsory legal process, pursuant to which disclosure of this Settlement Agreement, the settlement amount, or other terms hereof is requested, or production of the Settlement Agreement is requested, the Party so served shall give counsel for the other Party notice thereof within five (5) days of such service and, prior to making any such disclosure, shall give counsel to such other Party at least ten (10) days to commence necessary proceedings to obtain a court order preventing, limiting, or otherwise restricting such disclosure. 5. Anonymity. Second Parties shall not release identity, name, or physical depiction, or otherwise identify express written waiver of her right to anonymity, outside of ongoing or future litigation-related or claim-related matters. First Parties acknowledge that Second Parties have no control over what other plaintiffs' attorneys, witnesses' attorneys, or witnesses may do or disclose in other cases regarding depositions and discovery. Second Parties may be required to subpoena and depose and call her at trial(s). Except as provided in this Settlement Agreement, nothing shall prohibit Second Parties from conducting Jeffrey Epstein's defense, investigation, and trial(s) as his lawyers deem appropriate. Robert Josefsberg and Katherine Ezell are hereby deemed to have full authority to accept a subpoena from Second Parties on behalf, so that Second Parties are not in violation of the terms of Paragraph 6, No Contact. 6. No Contact. Jeffrey Epstein agrees to continue to abide by Judge Marra's July 31, 2009 No Contact Order or any modification of same by the Court, so long as First Parties are given notice of any such modification and an opportunity to address this matter 4 EFTA00617304 before the Court. 7. Enforcement. This Settlement Agreement shall be governed by the laws of the State of Florida. In the event of litigation arising out of a dispute over the interpretation of this Settlement Agreement, the prevailing party shall be entitled to recover its cost of litigation, including attorneys' fees and other reasonable costs of litigation. Should the federal court not retain jurisdiction, the Parties (and any third party) agree that the courts of the 15th Judicial Circuit of Palm Beach County shall have exclusive jurisdiction over the subject matter and shall have personal jurisdiction over the Parties (and third parties). In the event of an enforcement matter, the First Parties (and any third party family member) agree that Robert Josefsberg or Katherine Ezell is authorized to accept service for them, and Robert D. Critton, Jr. is authorized to accept service for Jeffrey Epstein. First and Second Parties expressly acknowledge and agree that, if either First or Second Parties allege that a breach of the confidentiality provision has occurred, or if First Parties allege that a breach of the anonymity or no contact provision has occurred, the aggrieved First or Second Parties may seek an appropriate remedy with the Court. If the Court finds a breach of the confidentiality, anonymity, or no contact provision set forth above, the Court shall determine the amount of the award. Equitable remedies are not relinquished by virtue of this provision; nor does either Party relinquish the right to pursue any other legal or equitable damages to which (s)he may be entitled as a result of the other Party's breach, including, but not limited to, prevailing party costs, to include attorneys' fees. 8. Attorneys' Fees and Costs. This settlement does not include any amounts for attorneys' fees or costs. The Parties and their attorneys have agreed to resolve the 5 EFTA00617305 amount of attorneys' fees and costs through the Special Master whom they have mutually selected, Sidney Stubbs, Esq. agrees that any claims by her for attorneys' fees or costs is solely through her attorneys and the Special Master proceeding. 9. Miscellaneous. a. The Parties further confirm and acknowledge that this Settlement Agreement is being entered into without any duress or undue influence, and that they have had a full and complete opportunity to discuss the terms of the Settlement Agreement with their own attomeys. b. agrees that it is her obligation to pay any outstanding bills relating to this matter from all healthcare providers, satisfy any healthcare provider obligations arising out of the injuries underlying her claim, and hold Second Parties harmless from same. This provision does not include health care evaluations, if any, which are costs that have been paid for by her attorneys. These costs will be subject to reimbursement by the Second Parties, to the extent that they are for evaluation and not treatment. If the Parties do not agree as to whether these costs are for evaluations and not treatment and/or do not agree as to the reasonableness of the amounts claimed, then the Special Master will make those determinations. c. This Settlement Agreement was negotiated and entered into by the Parties with the advice and assistance of respective counsel. d. This Settlement Agreement may be executed by the Parties in counterparts on separate signature pages. 6 EFTA00617306 e. The Parties and their counsel will cooperate to execute the necessary paperwork and court filings to carry out the terms of this Settlement Agreement. (The remainder of this page is intentionally left blank.] EFTA00617307 It is so agreed. Date Date STATE OF COUNTY OF BEFORE ME, the undersigned authority, personally appeared, who is personally known to me or has produced , as identification, and executed the foregoing instrument. WITNESS my hand and official seal this day of , 2009. STATE OF FLORIDA COUNTY OF PALM BEACH NotaryPublic Print Name: Commission No.: My Commission Expires: BEFORE ME, the undersigned authority, personally appeared Jeffrey Epstein, who is personally known to me or has produced/47507" "eel, as identification, and executed the foregoing instrument. WITNESS my hand and official seal this ,P5- day of t&Me, , 2009. e‘tle."--P JE-SSIS9 WAVED. MY 004111ISSIOn 99953523 EXPIRES: AM 19, 2013 &WS TI101/92112 th For Any Notice Provision: ary Public rint Name: -7e;frect. Commission No.: , My Commission Expires: 4/ /9// 3 8 EFTA00617308 1. For Robert C. Josefsberg, Esq. or Katherine W. Ezell, Esq. Podhurst Orseck, P.A. 25 West Flagler Street, Suite 800 Miami, F 3 1 Phone: Fax: 2. For Jeffrey Epstein Robert D. Critton, Jr., Esq. Burman, Critton, Luttier & Coleman, LLP 303 Banyan Boulevard, Suite 400 West Palm 33401 Phone: Fax: or Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm 3401-5012 Phone: Fax: 9 EFTA00617309