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agreement. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Civil Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury. By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this non-Prosecution Agreement and agrees to comply with them. Dated: Jeffrey Epstein Dated: Roy Black, Esq. Counsel to Jeffrey Epstein R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: A. Marie Villafafia Assistant United States Attorney Ilaye 400 4 DOJ-OGR- 00023338