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KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS 777 South Figueroa Street Los Angales, Califomia 90017 Kenneth W. Starr PF Facsimile: To Call Writer Directly: (213) 680-8500 www.kiddand.com November 28, 2007 VIA FACSIMILE Honorable Alice S. Fisher Assistant Attorney General Department of Justice Criminal Division 950 Pennsylvania Avenue NW Room 2107 Washington, DC 20530 Re: Jeffrey Epstein Dear Ms. Fisher: C T represent Jeffrey Epstein, who, as you may be aware, was the target of a dual investigation by both state and federal authorities in Florida for acts relating to his interactions with numerous young women. As you may also be aware, Mr. Epstein has entered into a Deferred Prosecution Agreement (the “Agreement”) with the United States Attorney’s Office for the Southern District of Florida (the “USAO”) to resolve its criminal investigation of him. I am Writing to. request a meeting with you to discuss certain aspects of this case that I find especially troublesome. As part of the agreement Mr. Epstein was required to sign to avoid a federal indictment, Mr. Epstein was required to waive jurisdiction and liability under 18 U.S.C. §2255 for the _ Settlement of monetary claims that might be made by a group of unidentified alleged victims who will be identified by the USAO at some point in the future. Neither I, nor any of the other defense lawyers involved in this matter, have ever heard of sucha procedure. And as part of this Agreement, Mr. Epstein is precluded from contesting liability as to civil lawsuits secking monetary compensation for damages brought by any of the identified individuals who elect to é settle their civil claims for the statutory minimum of either $50,000 (the amount set by Congress as of the date of the occurrences) or $150,000 (the amount currently set by statute) or some other agreed upon damage amount. ‘We believe that the utilization of 18 U.S.C. § 2255 asa pre- condition of criminal plea agreements or nhon-prosecution agreements is highly unusual and requires careful consideration and additional guidance by your Office. We also believe that the . : LO Chicago Hong Kong London Munich New York . San Francisco Washington, D.C. HOUSE_OVERSIGHT_012656