From: "Martin Weinberg"

From: "Martin Weinberg" To: Jeffrey Epstein <[email protected]> Cc: "Weinberg, Martin" < >, Subject: Re: Fwd: AC - Affidavit attached Date: Thu, 09 Apr 2009 16:39:38 +0000 This is a copy of the new rule that limits the absolute prohibition on use of settlement offers and agreements to civil cases, permits it for several specific reasons, and fails to broadly prohibit its use (as several circuit courts had done before the rule change) in criminal cases. As a result, it is important to clarify that the agreement, if any, is not related to admissions of wrongdoing, particularly not wrongdoing that would otherwise be the predicate for 2255 claims, but is done to conform to obligations in DPA (the 2255 settlements) or to avoid the burdens of civil litigation, etc Rule 408. Compromise and Offers to Compromise (a) Prohibited uses.—Evidence of the following is not admissible on behalf of any party, when offered to prove liability for, invalidity of, or amount of a claim that was disputed as to validity or amount, or to impeach through a prior inconsistent statement or contradiction: (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a the claim which was disputed as to either validity or amount; and, is not admissible to prove liability for or invalidity of the claim or its amount. Evidence of (2) conduct or statements made in compromise negotiations is likewise not admissibleregarding the claim, except when offered in a criminal case and the negotiations related to a claim by a public office or agency in the exercise of regulatory, investigative, or enforcement authority. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. Permitted uses. This rule also does not require exclusion when if the evidence is offered for another purpose, such as purposes not prohibited by subdivision (a). Examples of permissible purposes include proving a witness's bias or prejudice of a witness,; negativing negating a contention of undue delay, or; and proving an effort to obstruct a criminal investigation or prosecution. Notes Martin G. Weinberg, Esq. 20 Park Plaza, Suite 1000 Boston, MA 02116 :ell This Electronic Message contains information from the Law Office of Martin G. Weinberg, P.C., and may be privileged. The information is intended for the EFTA00748645 use of the addressee only. If you are not the addressee, please note that any disclosure, copying, distribution, or use of the contents of this message is prohibited. Original message from Jeffrey Epstein <[email protected]>: Forwarded message - From: Barbara McKenna Date: Thu, Apr 9, 2009 at 10:53 AM Subject: AC - Affidavit attached To: Jack Goldberger Cc: "Robert D. Critton Jr." , Jeffrey Epstein [email protected]> JG and JE: If I can get AC to sign this, does this cover the issues without making it seem like a big deal? Bob Bobbie McKenna Legal Assistant to Robert D. Critton, Jr. Burman, Critton, Luttier & Coleman 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 EFTA00748646 I EFTA00748647