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7002/7006 05/16/2008 11:16 FAX nee 05/16/08 FRI 11:08 FAX U.S, Department of Justice Criminal Division Andrew G, Oosterbaan, Chief 1460 New York Avanue, NW Suite 600 Washington, DC 20530 (202) 514-8780 FAX: (202) §}4-1793 Child Exploitation and Obscenity Section May 15, 2008 Jay Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center | 153 E. 53™ St. New York, NY 10022-4611 Re: Investigation of Jeffery Epstein Dear Mr. Lefkowitz: Pursuant to your request and the request of U.S. Attorney R. Alexander Acosta, we have independently evaluated certain issues raised in the investigation of Jeffrey Epstein to determine federal prosecution. We have discussed the factual and legal issues you raise with the Criminal Division’s Appellate Section, and we consulted with the Office of Enforcement Operations concerning the petite policy. , We are examining the narrow question as to whether there is a legitimate basis for the U.S. Attorney’s Office to proceed with a federal prosecution of Mr. Epstein. Ultimately, the prosecutorial decision making authority within a U.S, Attomey’s Office lies with the U.S. Attommey. Therefore, to borrow a phrase from the case law, the question we sought to answer was whether U.S, Attermey Acosta would abuse his discretion if he authorized prosecution in this case, As you know, our review of this case is limited, both factually and legally. We have not looked at the entire universe of facts in this case. It is not the role of the Criminal Division to re- conduct a complete factual inquiry from scratch. Furthermore, we did not analyze any issues — concerming prosecution under federal statutes that do not pertain to child exploitation, such as the money laundering statutes, — HOUSE_OVERSIGHT_012670