EFTA00727888.pdf

KIRKLAND & ELLIS LLP AND AHILJATED PARTNERSHIPS 601 Lexington Avenue New York, New York 10022 Jay P. Lelkowitz, P.C. To Call Writer Directly: (212) 446-4800 Facsimile: anwr.kirkland.com Dir. F (212) 446-4900 Fax:: 446-6460 September 23, 2010 VIA HAND DELIVERY & FED EX Ms. Tina Editor The Daily Beast 555 W. 18th Street New York, NY 10011 Re: Jeffrey Epstein Dear Ms. =, This letter is written for the purpose of requesting that you review both the accuracy of a series of past articles originatiwith The Daily Beast, each authored by one of The Daily Beast's contributing writers, =, and the appropriateness of The Daily Beast's publication of any further articles about Mr. Epstein. We ask you to conduct this review for the purpose of determining (a) whether the facts as stated in the prior (and any prospective) articles are accurate and (b) whether the intensity of repetitive articles is appropriate. As you may know, Mr. Epstein has completed his state sentence for events that occurred over five years ago. There have been no allegations of any improper conduct since the fall of 2005. Mr. Epstein has now returned to his life as a philanthropist and financial advisor. The series of three articles published in The Daily Beast on July 21, July 22, and July 29, 2010 have already done significant damage to Mr. Epstein. Given that they contain provably untruthful inaccuracies and omissions of material fact, we ask you to defer any future articles authored by Ms. about Mr. Epstein until such a time as you can review the articles, and meet with us to discuss the subject matter. Without in any way addressing each and every inaccuracy, just several examples should illustrate the seriousness with which we view the issue, and demonstrate the necessity for our request for your intervention: 1. One of the two principal sources for Ms s articles is a former Miami bookkeeper for the modeling agency MC2, see e.g. 7-22-10 article, bullet point 5. Her Chicago Hong Kong London Los Angeles Munich Pab Alto San Francisco Shanghai Washington, D.C. EFTA00727888 KIRKLAND & ELLIS LLP Ms. Tina September 23, 2010 Page 2 name is She plead guilty to grand theft in the first degree in the 11th Judicial Circuit Court for Dade County, Florida, on December 3, 2007 and was sentenced to 1 year of community control and 19 years of probation as a result of her embezzling $148,000 from the modeling agencies for which she was employed (Case No F07-10933). She was also charged with Organized Fraud — Scheme to Defraud. She is an untrustworthy biased source of information. The information regarding her criminal charge and conviction and its direct relationship to her motive to give false testimony was confirmed to be known to your reporter but omitted from her articles. It is reckless and irresponsible to rely on her as a source, especially without disclosing her criminal conviction and bias in the articles; 2. Mr. Epstein did not, as your articles claim, see e.g. 7-22-10 bullet point 4, give Mr. Brunel $1,000,000 to start his modeling agency; 3. Ms. =, who is quoted by Ms. in her 7-21-10 article as saying that Mr. Epstein told her the "younger the better" also told the Palm Beach police in the very same tape recorded interview that Mr. Epstein said "he likes the girls that are between the ages of like 18 and 20" (=l, Taped Interview, pg. 12); 4. Mr. Epstein never "comm " r even considered (much less agreed) "to a 10sfederal sentence" (compare to Ms. s 7-21-10 contention), a claim attributed to Ms. second source, plaintiff's attorney Edwards, who continues to bring lawsuits against Mr. Epstein; is being sued by Mr. EpstelProngdoing related to his partnership with Scott Rothstein, a 5. Ms. deliberately omitted the important fact that attorney Edwards perpetrator of the largest fraud in South Florida h est as she omitted any context for the allegations attributed to the bookkeeper, see par 1 supra; Ms Sevilitittiffs did not each receive $1,000,000 during the week of July 14, 2010 as claimed by M see 7-22-10; 7. Mr. Epstein has not been accused of "sex trafficking," nor has he committed "sex trafficking" nor is he, to the knowledge of any of his attorneys, being investigated for "sex trafficking," despite Ms. EMs repeated allegations to the contrary, see articles of 7-21-10 bullet point 4 and 7-29-10. As I'm sure you are aware, the publication of false allegations of criminal conduct is defamatory per se. The Daily Beast should proceed carefully before publishing or republishing such allegations. EFTA00727889 KIRKLAND & ELLIS LLP Ms. Tina September 23, 2010 Page 3 We request that you conduct an independent review of the integrity of the three prior articles and delay publishing any further articles about Mr. Epstein until after such review. We would be pleased to meet with you to discuss these matters further in order to avoid any further harm to Mr. Epstein. We request that the Daily Best treat the issues raised in this letter with the seriousness that Mr. Epstein deserves and that you owe to the public as a responsible journalistic enterprise. Please forward a copy of this letter to your counsel. Sincerely, Js P. Leflcowtiz JL/kla EFTA00727890