EFTA00211899.pdf

ICI R K LAN D AllElreM/M mtb MONIS() PROM O:OHM Ctbomuo Cook!, 153 East S3tu Street . Now Yotk New to t% 1002?-461 Jay P I olknwit7, P C To dLall Wrncr Dur4Uy tr...nutr 00040. 0/1400killki.01.0 LUIGI August 22. 2008 VIA FACSIMILE (S6I) R20-8777 t ;stilted States Attorney's Office Southern District of Florida 300 South Australian Avenue. Suite 400 West Palm Reach. Florida 33401 Re: .1411hy Epstein Dear M.: I write this letter to correct certain misstatements made in your later date) August 21. 2008. and the accompanying draft notification. First, you state that "Mr. Joscfsberg expended time• elTon and funds in preparing to serve as attorney representative in October of 2007." Neither I• nor any other attorney on Mr. Epstein's defense team. was notified of this work by Mr. Joselsberg. Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution. Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleged - victims- and/or their attorneys "request the opportunity to review the Agreement." tlx: USA() shall comply with the request so long as those individuals agree not to disclose the Non-Prosecution Agreement. There is no court order requiring the government to provide the alleged "victims' with notice that the Non-Prosecution Agreement is available to than upon request and doing so is in conflict with the confidentiality provisions of the Agra:matt. Given that the individuals un the list will have an attorney representative who is fully aware of the terms of the Nnn-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. Epstein's n:sponsibilities regarding civil restitution. The resolution of liability pursuant to IR U.S.C. EFTA00211899 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 dte Atlevthellt no more. no less. Filth, while you state, in your letter. that the USA() tiny 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 ?Inn. 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. P. / P. Itlkowitz cc: Chief. Northern Division EFTA00211900 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53r0 Street New York. New York 10022-4611 Phone: Fax (212)446-4900 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: (212) 446-4800. To: Company: Fax W: Direct 0: A. Marie Villafana CC: Iinjictl Stales Attorney's Office Company: 561-S20-S777 Fax #: 561-209- I047 Direct #: Karen Atkinson tinned States Attorney's Office 561-820-S777 561-820-S71 1 From: Date: Pap:snob:Peer. Fax It Direct a: Jay 1'. Lelkowitz August 22.2009 3 212 .446-6460 Message: EFTA00211901