EFTA00176965.pdf

KIRKLAND & ELLIS LLP AND Aliiii43111 Jay P. lolkowdz, P.C. To r it Ir:llr VIA FACSIMILE (561) 820-8777 Ctligrouo Cantor t63 Eukt WO Street Now York. Now York 10022.4011 cm) an3.4A00 • www.lorklOod Com August IR, 2008 United States Attorney's Office Southern District of Florida 501) South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 .Re: Jeffrey Epstein Dear= I write in response to your letter dated August 15. 2008 regarding the civil restitution Tonic', of the Deferred Prosecution Agreement (the "Agreement."). Thank you for continuing 'our .ptisit ion that the DeCenther modification proposal is not putt of the Agreement. As expresSed by U.S. Attorney Acosta in his December 19. 2007 letter, the unorthodox use of a civil restitution 'statute in a federal plea agroenient, which resulted in state charges against Mr. Epstein, has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the IS U.S.C. 2255 aspects of the Agreement are carried out in a proper manner. it would he useful to come to an agreement as to the implementation of the civil restitution portion of the Agreenient. As we have previously stated. Mr. Epstein fidly intends to abide by the terms of the Agreement. and we hope you appreciate that 'our ellbris to resolve any misunderstandings between Mr. Epstein and the government about the terms of the Agreement arc intended only to ensure that it is carried out h illy and fairly. In an effort to avoid having either party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. It would he extremely • helpful to both sides to have an independent third party consider the Agreement and otter the final word on how certain clauses should be interpreted mid satisfied. Because the government' has already enlisted Judge Davis to select the attorney representative under the Agreement. we would be amenable to his serving in this rule. In order to come to an agreement on the exact procedure by whicb the identified individuals will obtain restitution; I am•pmviding you with our thoughts on three issues below. etymon Hong Kong London Los Angeles Munich San Francisco Washington. O.C. EFTA00176965 KIRKLAND & ELLIS LLP August 1 S. 2008 Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals. it will be appropriate to notify them. First. I am concerned by your suggestion that you might want to increase the number of individuals. on the. government's list. I had expected the:number to have become smaller, because when we spoke prior to signing the agreement. you told me that the government already had a list, and we were informed thereafter that the September 24. 2007 list had been narrowed. Certainly. anyone who was not on the list prior to September 24. 2007 cannot permissibly he added to the list. Second, we will cooperate with the guvenunent to reach to an agreement as to substance of the notification to he sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should be limited to (I) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact inlbrmation of the selected attorney representative. We object to the inclusion or additional information about the investigation of Mr. Epstein, the terms of the Agreement other than paragraphs 7-10. and the identity of other identified individuals. Third, as you are aware. the Addendum requires that -•the parties will jointly prepare a shun written submission to the independent third-party regarding the role of the :attorney ' representative and regarding E,psteins Agreement to pay such attorney representative his or het customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra.- We will certainly cooperate with the government to drat) such a joint submission and would he pleased to submit draft language to you for such a joint submission. • I look forward to working with you to resolve these matters. 1 believe we have a mutual • • intent in moving past all of these issues so. that the civil restitution aspects of the Agreement dun be CuIfilled. • Sincerely. 44Alt . 1.elkowity cc: Non hem Division EFTA00176966 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, N Phone;. Fax: 4611 Please notify us immediately if any pages arc 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 NO DIATELY AT: To: Company: Fax #: United States Attorney's Office CC: Company: Fax 0: United States Attorney's Office Direct #: Direct #: From: Date: Pagesw/covec Fax #: Direct #: Jay P. Isclkowitz August 18. 2008 3 MEM Message: EFTA00176967