EFTA00067470.pdf

KIRKLAND & ELLIS LLP AM; At ri la? r lit: Crl.o ono Nqw York Nrw Yoh 1(b?? 401 P I aft/4st P C To all W r Du aly VIA FACSIMII.F: tinned States Attorney's Office Southern District of Florida West Palm Reach. Florida 33401 Atfiry Epneiti Dear Warty MALMO ran August 22. 2008 I write this letter to correct certain misstatements made in your letter dated August 21. 2008. and the accompanying draft notification. First. you state that -Mr. Joscfsberg expended time. elTon and finds in preparing to serve as attorney representative in October of 2007." Neither I. nor any other attorney on Mr. Fastcin's defense KIM. was notified of this work by Mr. Joselsberg. Second. in the victim notification letter, no judge "has ordered that the United Stain' make available a copy of the Non-Prosecution. Agreement. There is no court order requiring the government to provide the alleged "victims' with notice that the Non-Pmseeution Agreement is available to them upon rngµest and doing so is in conflict with tlx: conlidemiality provisions of the Agreement. Given that the individuals un the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should he excised. Third. misstatements in your prior notification were made "with the approval of Mr. Epstein's counsel.- Fourth. we are concerned with your open-ended description of Mr. lipstein's responsibilities regarding civil restitution. 11w resolution of liability pursuant to IR U.S.C. EFTA00067470 qj W14/ VIJa KIRKLAND & ELLIS LLP August 22. 200X Pane 2 fl 2253 is as stated in paragraphs 7 and S of the Agrixincnt and the Addend o doe Atlevthellt no more. no less. Filth, while you state, in your letter. that the USA() tens not intend to delete ally of the names on the list provided to Mr. Fixstein's counsel, you do not confirm that the prior list is linal and complete. There can he nu expansion of the list of individuals that you infOnlled us had been mcmorialinxl as of September 24. 2007 and disclosed to Mr. Epstein un June 30. 2005 (the date of sentence pursuant to the Agreement's disclosure requirements). Please conlinn the exact name and number of individuals the government plans on notifying as provided for under the Agreement. Sixth. based on express language in prior communications front your Office. we are in agreement that paragraphs 7 and it of the Agreement are in need of clarification and implementation. We will work with the attorney representative in attempting to reach a fair resolution of the outstanding civil matters in a manner that is in accordance with the Agreement. Seventh, we have previously communicated our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. Jostisherg's duties include filing contested litigation. In any ease, that issue is not ripe for resolution at this point. bin again, given his agreement to be the attorney representative. we will address these matters directly oith Mr. Josefsherg. Sin • •relv. • xl °vow cc: Chief. Northern Division EFTA00067471 KIRKLAND & ELLIS LLP Fax Transmittal r n New York. 4611 - Phon Fax Please notify us immediately if any pages are not received. THE INFORMATION CONTAINED IN THIS COMMUNICATION IS CONFIDENTIAL. MAY BE ATTORNEY-CLIENT PRIVILEGED, MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE USE OF THE ADDRESSEE. UNAUTHORIZED USE. DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: To: U CC: Company: Iiniled Stales Attorney's Office Company: United States Attorney's Office Fax #: Direct 0: 561-209-1047 Fax it: Direct It: From: Date: Pagostrtmer. Fax Direct N: Jay P. Lellzowitz August 22.2009 3 Message: EFTA00067472