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LAW OFFICES OF GERALD B. LEFCOURT, P.C. (212) 737-0400 PRIVILEGED & CONFIDENTIAL ATTORNEY WORK PRODUCT MEMORANDUM DATE: December 20, 2006 FROM: Gerald B. Lefcourt Sheryl E. Reich Faith A. Friedman TO: Jeffrey Epstein FILE SUBJECT: Impeachment Material Set forth below is some of the information that demonstrates (a) that the Palm Beach Police Department (“PBPD”) made a materially incomplete and materially inaccurate presentation of the facts in both the probable cause affidavit and in its release to the public of the Police Reports, and (b) why the State Attorney’s decision to proceed as it did with respect to the bringing of any charges against Jeffrey Epstein (“Epstein”) was not inappropriate.’ Note, though the Police Reports are on various dates, since they were released to the public with continuous pagination, we refer here simply to the “Police Report” and use the numbering provided in the version disclosed to the public. I. Inaccuracies and Material Omissions from the Police Reports 1. Polygraph Examination and Report. On May 2, 2006, Epstein submitted to a polygraph examination in which he was asked (a) whether he had “s contact with (b) whether he “in anyway threaten[ed] fF (c) whether he was told by “that she was 18 years old”; and (d) whether he “believed was 18 years old”. As set forth in the Report of the examination, the term “sexual contact” was given an extremely broad meaning in order to capture any inappropriate conduct that could have occurred.’ The results of the examination confirmed that (a) no such conduct occurred; (b) Epstein never threatened J (c) told Epstein she was 18 years old; and (d) Epstein believed was * This memo is not exhaustive of facts of which the defense is aware. Nor is it exhaustive of Epstein’s defenses to the accusations. * The definition included: “sexual intercourse, oral sex acts (penis in mouth or mouth on vagina), finger penetration of the vagina, finger penetration of the anus, touching of the vagina for sexual gratification purposes, touching of the penis for sexual gratification purposes, masturbation by or to another, touching or rubbing of the breasts, or any other physical contact involving sexual thoughts and/or desires with another person”. Public Records Request No. 19-372 DOJ-OGR- 00033208