EFTA00213534.pdf

'A osta AlexkUSAFLS\' To cc 09/21!2007 11:49 AM bcc Subject Re: Cal today I am happy to talk. My caveat is that in the middle of negotiations, u try to avoidundermining my staff by allowing "interlocutorty. appeals so to speak so I'd want on the call I'll have her set something up. Alex Sent from my BlackBerry Wireless Handheld ri inal Mes EFTA00213534 6666• 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. It is the property of Kirkland 4 Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail t9 postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213535 I I I I I EFTA00213536 NSW To CC bcc Subject Re: Jeffrey Epstein - confidential IL 1.s.cinesSage-bas been Teb . ' Apologies - a. Call on our side. Jay will get back to you. Sent from my BlackBerry Wireless Handheld Original Message From: USAFLS To: Sent: Sun Sep 23 2007 Subject: Re: Jeffrey Epstein - confidential Can we do a cone call? Sent from my BlackBerry Wireless Handheld Original Message EFTA00213537 a prosaallwar 11.11=. rillININS era ersompas r i 11111=r EFTA00213538 EFTA00213539 I ai I ;?. 4. e EFTA00213540 EFTA00213541 Jay - "Acosta. Alex V(USAFLS1)" 09/23/2007 04:33 PM To cc bcc Subject Re: A LA t /II II I do not mean to be difficult, but our negotiations must take place with the AUSAs assigned to the case. and Allilhave discussed this matter at length with me and several others in the office several times, inclduing today. They have discretion to proceed as they believe just and appropriate. I will be out of pocket much of monday on travel. I know that you and others will be here and wan sure that my absence do not cause any delays. ancipliphave authority to proceed as they, in their professional opinion, consider best. Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Sun Sep 23 14:11:57 2007 EFTA00213542 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. #************** ***** ********************************** **IV** EFTA00213543 EFTA00213544 Acosta, Alex 10/11/2007 12:20 PM ffrotiveraS - , To cc bcc Subject Re: I'm speaking to the PB bar at noon, but promised to attend their morning session from 9 to 10 30. 7, 7 30 or even 8 am if that is better should give us plenty of time. The convention center is 5 moin away. So I'm not leaving the hotel until 8 45. Pick whatever is most convenient for you. Alex Sent from my BlackBerry Wireless Handheld Original Messag From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Thu Oct 11 11:34:5 a ********* ************* * ********* * ******** * ***** ******* ***** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ********* ******** *A* ***** ******* ***** ***** ******** **** EFTA00213545 EFTA00213546 'Acosta. Alex moo 10/11/2007 02:31 PM To cc bcc Subject Fw WPB Marriott 1001 Okeediobee Blvd. West Pall Beach, FL 33401 Jay - see you at 7. Address is below. Alex. Sent from my BlackBerry Wireless Handheld 0 . 1 5essa riinal l. From: <ACastilloOlusa.doj.gov> To: Acosta, Alex (USAFLS) Sent: Thu Oct 11 12:49:09 2007 Subject: WPB Marriott 1001 Okeechobee Blvd. West Palm Beach, FL 33401 EFTA00213547 EFTA00213548 ACOSTA ACOSTA EFTA00213549 10118120071229 PM "Acosta. Alex USAFLS To "Jay Lefkowitz" cc bcc Subject RE: Follow up Igetralt ne teetcr, Jeff -- Can you see any issues with this? If not, please confirm with Jay. Original Message From: Jay Lefkowitz (mailto Sent: Thursday, October 18, To: Acosta, Alex (USAFLS) Subject: Follow up a *ex** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213550 I I 1 1 1 I I 1 1 i I I I I EFTA00213551 r • "Acosta, Alex To cc bcc 11/192007 Subject Re: important 02:25 PM Wier:StMe Ak: r%hr trt? st-40 glAt-aiTAWVAlegeMt 7401-. Jay -- the 2pm is outside the office. Won't be back until about 3. How anout then? Sent from my BlackBerry Wireless Handheld Original Messag From: Jay Lefkowitz < To: Acosta, Alex (USAFLS) Sent: Mon Nov 19 11:59:25 2007 Subject: Re: important "Acosta, Alex (USAFLS)" 11/19/2007 10:46 AM To CC Subject Re: important Jay - I'm around mid afternoon tuesday (have a very early dinner) and early wed (have an appt outside the office from 11 30 to 2). EFTA00213552 Should I bring Jeff (if there's business to talk, he is handling epsteiny? Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAll Sent: Mon Nov 19 09:31:12 2007 Subject: important IIIIIIIII ************** ***** * ***** ** ********** ********* 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis international LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****** ***** ******** ***** * ***** * ***** * ****** *** ******** ***** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited EFTA00213553 and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterokirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213554 EFTA00213555 "Acosta, Alex USAFLS* To cc bcc 11/20•20070151UPM Subject Re: Yes. See you then. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Tue Nov 20 15:39:34 2007 MIN 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. It is the property of Kirkland 6 Ellis LLP or Kirkland & Ellis Inteinational LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ********************** ***** #.4.* ***** ***************.rn ***** • EFTA00213556 EFTA00213557 "Acosta. Alex To "Jay Lefkowitz" cc bcc 11121@00711:44 AM &b3 a RE: s' 7A cr4- -r irateires„ Y belied ;Oa-. I'm on my way to a mtg outside the office. Unlikely to be before 3pm. That said, Jeff is around if you want to talk with him re the 2255. Original Message From: Jay Lefkowitz [mailto: Sent: Wednesday, November 21, 2007 11:38 AM To: Acosta, Alex (USAFLS) Subject: 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. It is the property of Kirkland & Ellis LLP or Kirkland i Ellis International' LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************1.04.**********************4 EFTA00213558 "Acosta, Alex U AFLS' To cc bcc 12/20/2007 02:19 Subject Re: Important PM If you do prefer to talk, 10 to noon, or 2 to 3 would work. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Thu Dec 20 13:46:25 2007 Subject: Re: Important Sure. Not a problem. We can also talk by phone if that's easier. Sent from my BlackBerry Wireless Handheld Original Messaiit From: Jay Lefkowitz To: Acosta, Alex (USAFIS) Sent: Thu Dec 20 13:37:33 2007 Subject: Important =Sr • ********* ***** ************* ***** ***** *********** * ***** 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 add . It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this EFTA00213559 communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. leilr********************* ******* ***** ********* EFTA00213560 I I I I I I I I 1 I I I I I i I I EFTA00213561 121272007 01:32 PM "Acosta, Alex (USAFLS)" To cc bcc Subject Re: Not a probelm. We can talk later in the week or weekend if its easier. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Cc: Sloman, Jeff (USAFLS); (USAFLS) Sent: Thu Dec 27 12:21:50 2007 Subject: Re: • Original Message From: "Acosta, Alex (USAFLS)" Sent: 12/27/2007 11:37 AM EST To: Jay Lefkowitz Cc: "Sloman, Jeff (USAFLS)" Subject: RE: Jay -- I just reviewed the letter. I agree that we should talk. Can you give me some times that work on your end, and we'll try to set something up? Original Message From: Jay Lefkowitz (mailt Sent: Wednesday, December : To: Acosta, Alex (USAFLS) Subject: EFTA00213562 4 w 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * * * 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. It is the property of Kirkland & Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ******************************* ***** * ***************** EFTA00213563 EFTA00213564 "Acosta, Alex (USAFLS)" 12/28/2007 02:16 PM To (USAFLS cc bcc Subject Re: , "Sloman, Jeff (USAFLS)" Jay - I don't know whet will happen at this point. May be best to wait until after we speak monday morning. Alex Sent from my BlackBerry Wireless Handheld Original Massa From: Jay Lefkowitz To: Acosta, Alex (US Sent: Fri Dec 28 13:52:31 2007 Subject: Re: Original Message From: "Acosta, Alex (USAFLS)" Sent: 12/28/2007 01:35 PM EST To: Jay Lefkowitz Subject: Re: Jay _ I want to respect your sabbath. Let's just talk monday morning. Would 11 am work? Sent from my BlackBerry Wireless Handheld Original Messa From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Fri Dec 28 12:51:13 2007 EFTA00213565 ****************************************************** ***** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. *** ******** * ******** ************** ******** * *********** ***** ***** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * EFTA00213566 EFTA00213567 1V31/200711:05 AM 'Acosta, Alex Will do. 3 min. To "Jay Lefkowitt cc bcc Subject RE: Original Message From: Jay Lefkowitz [mailto: Sent: Monday, December 31, 2111.1. To: Acosta, Alex (USAFLS) Subject: 1111111111111111111111r IMO **66* 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. It is the property of Kirkland 6 Ellis LLP or Kirkland 6 Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213568 1 1 1 I EFTA00213569 Jay LeficowItz/New York/Kirkland-Ellis 01/02/2008 03:44 PM Sraffill11111 INS "Acosta, Alex (USAFLS)" 'Acosta, Alex uekomte cc To 'Acosta, Alex SAFLS" 0 01/02/2008 an, 03:36 PM Subject RE: To "Acosta, Alex (USAFLS)" < ccaiS FLS)"< USAFL "Roman, Jeff (USAFLS)" bcc Subject REll Actually, the morning is bad. How about 3pm or 4pm? From: Acosta, Alex (USAFLS) Sent: Wednesday, January 02, 2008 3:33 PM To: Jay Lefkowitz Cc: Castillo, Annette (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: 11 am? From: Jay Lefkowitz [mailto Sent: Wednesday, January 02, 2008 2:46 PM To: Acosta, Alex (USAFLS) Subject: ***M 4:+illr***************4t*it************* ***** **it** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly EFTA00213570 Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** ikOsi• EFTA00213571 EFTA00213572 01107/2O08 11:28 AM Not a problem. Original Message From: Jay Lefkowitz (mailto: Sent: Monday, January 07, 20 To: Acosta, Alex (USAFLS) Subject: To -Jay Lekowite cc tom Subject RE: ****. 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213573 "Acosta Alex USAFLS To "JayLeflmite 01/07200811/8AM Not a problem. Original Message From: Jay Lefkowitz Sent: Monday, January 07, 2 To: Acosta, Alex (USAFLS) Subject: cc bcc Subject RE: ***** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * • * * * EFTA00213574 EFTA00213575 01/07/2008 03:41 PM To -Jay Lefkowite cc bcc Subject RE: Can you pis provide to Jay the conf. table speaker phone #., for Jeff and I. From: Jay Lefkowit [mailto Sent: Wednesday, January 02, 2008 3:44 PM To: Acosta, Alec (USAFLS) Co Acosta, Alex (USAFLS); USAFLS); Sloman, Jeff (USAFLS); Kristin Andersen Subject: RE: "Acosta, Alex (LISAFLS)" To-Acosta, Alex USAFLS -Jay Lefk °Mesta°, Annette 01/02/2008 03:36 PM 'Stamen, Jeff (USAFIST SubjecRE: Actually, the morning is bad. How about 3pm or 4pm? From: Arncta, Alex (USAFLS) Sent: Wednesday, January 02, 2008 3:33 PM To USAFLS); Sloman, Jeff (USAFLS) Subject: RE: 11 am? From: Jay Lefkowitz [iflailt0 , ji a Sent: Wednesday, January To: Acosta, Alex (USAFLS) Subject: EFTA00213576 ***************************************** ****** *** 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 add . It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ******** ***** ******* ***** **** ***** *********** ***** **** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213577 I i i t EFTA00213578 To ■ cc boc Subject Re: Jay - Thanks for the email. I sent it along to the trial team. I'm also looking forward to when this is over, so we can talk about non-work matters. Hope all is well with you and the family. Alex. Sent from my BlackBerry Wireless Handheld Original Nesse From: Jay Lefkowitz To: Acosta, Alex (USA Sent: Wed Jan 30 13:07:11 2008 ***a* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for EFTA00213579 the use of the addressee. It is the property of Kirkland S Ellis LLP or Kirkland & Ellis international LLP. Unauthorized use, disclOsure or copying of this communication or any part thereof is strictly prohibited and nay be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. N . EFTA00213580 EFTA00213581 SLOMAN SI OMAN, EFTA00213582 "Sloman, Jeff USAFLS 10/12/2007 1228 PM To "Jay Lefkowitz" cc bcc Subject RE: Addendum Try From: Jay Lefkowitz Sent Friday, October 12, 20 : To: Sloman, Jeff (USAFLS) Subject Re: Addendum --- Original Message --- From: "Sloman, Jeff (USAFLS)" Sent: 10/12/2007 09:48 AM AST To: Jay Lefkowitz SAF , • Jay, I just got off the phone with Alex. Here is the revised paragraph 1. Thanks, Jeff 1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. If the United States elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party consult with the United States after the preliminary selection but prior to the final designation of the attorney representative. From: Jay Lefkowitz Sent Thursday, October 11, . EFTA00213583 To: Sloman, Jeff (USAFLS) Subject: Re: Addendum Original Message — From: "Sloman, Jeff (USAFLS)" Sent 10/11/2007 12:17 PM AST To: Jay Letkonitz Cc "Acosta, Alex (USAF1S)" Subject Addendum Jay, Pursuant to our conversation. Thanks, Jeff IN RE: INVESTIGATION OF JEFFREY EPSTEIN EFTA00213584 ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 1. The United States has the right to assign to an independent third-party, the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. If the United Slates elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party also consult with the United States. 2. Pursuant to paragraph 7, Epstein has agreed to pay the fees of the attorney representative. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, the attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to hint Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES EFTA00213585 ATTORNEY Dated: By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY Dated: Dated: JEFFREY EPSTEIN ESQ. EPSTEIN Dated: GERALD LEFCOURT, COUNSEL TO JEFFREY ESQ. LILLY ANN SANCIIEZ, JEFFREY EPSTEIN ATTORNEY FOR ****“.*****.***** *********** ***************•********** ***** EFTA00213586 'The intormation 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirldand.com, and destroy this communication and all copies thereof, including all attachments. *4*** EFTA00213587 EFTA00213588 10/16/2007 12:39 PM 4:30 is fine. we'll call you. To 'Jay LefKowitz" < CC bcc Subject RE: Original Message From: Jay Lefkowitz (mailto Sent: Tuesday, October 16, 2007 9:26 AM To: Sloman, Jeff (USAFLS) Subject: 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. **************** ***** **** ***** * ***** * ******** ** ******* . EFTA00213589 EFTA00213590 Jay, 10/16/2007 04:00 PM To "Jay Lefkowite cc bcc Subject RE: Confidential - for settlement purpose' The below is exactly the same as yours, except for deletion of "Other than the joint written submission, neither the United States nor Epstein's counsel shall communicate with the independent third party nor shall the United States communicate with the attorney representative selected by him" in your 1(a). 1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 2. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 3, infra. 3. Pursuant to additional paragraph 1, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. Jeff Original Message EFTA00213591 From: Jay Lefkowitz (mailto Sent: Monday, October 15, 2007 10:53 AM To: Sloman, Jeff (USAFLS) Subject: Confidential - for settlement purposes only EFTA00213592 EFTA00213593 . . p . EFTA00213594 "Sloman, Jeff 10/17/2007 01:58 PM To "Jay Letkowite cc bcc Subject RE: kitt0 Wroit °Raw., y cOrsdeddeg r. <<071015 Special Master Letter2.wpd>> Jay, Here's our proposed letter to the special master. Jeff Original Message From: Jay Lefkowitz (mailto Sent: Tuesday, October 16, To: Sloman, Jeff (OWLS) Subject: ***** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster9kirkland.com, and destroy this communication and all copies thereof, including all attachments. ********** ****** ************** ***** * ***** ************* 071015 Special Master Letter2.wpd EFTA00213595 S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach FL 33401 (561) 8204711 Facsimile: (561) 820-8777 October 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alit; the following terms: 7(a)The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative EFTA00213596 The lion. Edward B. Davis (Ret.) October _ 2007 Page 2 of 4 suggested by the independent third-party prior to the final designation of the attorney representative. 7(b)The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7(c), infra. 7(c). Pursuant to additional paragraph 7(a), Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. 8.If any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. EFTA00213597 The Hon. Edward B. Davis (Ret.) October 2007 Page 3 of 4 The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: My person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may suc in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value. Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified victims as defined by this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women (the victims' current ages are between 16 and 24). 4. Employment with a firm large enough to handle the possibility of at least a dozen trials at the same time. 5. Experience litigating against large law firms and high profile attorneys. 6. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 7. Experience litigating in federal court in the Southern District of Florida. EFTA00213598 The Hon. Edward B. Davis (Rot.) October 2007 Page 4 of 4 8. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached. 9. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSI5 EFTA00213599 EFTA00213600 10/18/2007 05:43 PM "Sloman, Jeff Jay, To 'Jay LefkowIte cc "Acosta, Alex (USAFLS) bcc Subject RE: Follow up Please confirm that this will not affect when Epstein begins serving his sentence. I£ it does, I have to reconsider postponement of the guilty plea date. Thanks, Jeff -----Original Message From: Jay Lefkowitz (mailto Sent: Thursday, October 16, 2007 4:44 PM To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Subject: Re: Follow up Original Message From: "Sloman, Jeff (USAFLS)" Sent: 10/18/2007 04:39 PM AST To: Jay Lefkowitz Cc: "Acosta, Alex (USAFLS)" Subject: RE: Follow up The change of plea will take place on November 20. Agreed. Original Message From: Jay Lefkowitz [mails Sent: Thursday, October 18, To: Acosta, Alex (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: Re: Follow up Original Message From: "Acosta, Alex (USAFLS)" Sent: 10/16/2007 12:15 PM AST To: Jay Lefkowitz Cc: "Sloman, Jeff (USAFLS)" EFTA00213601 Subject: RE: Follow up Jeff -- Can you see any issues with this? If not, please confirm with Jay. Original Message From: Jay Lefkowitz (mailto Sent: Thursday, October 18, 2007 10:12 AM To: Acosta, Alex (USAFLS) Subject: Follow up ***** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * * * The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only EFTA00213602 for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ******** ***** *************34************************ *mit. 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ******* ***** ********** ***** let.4******* ***** *a.** ***** ** EFTA00213603 EFTA00213604 Jay, *Slomen, Jeff USAFLS)" 10/192007 04:00 PM To "Jay Lefkowitz" < cc bcc Subject Our proposed letter to the special master Do we have a final answer on the addendum? I'd like to reach out to Judge Davis as soon as possible. Thanks, Jeff EFTA00213605 ..... a EFTA00213606 To cc bcc Subject Re: Epstein I have not spoken to him but it was our intention to assign the decision to select a lawyer to Judge Davis not for him to represent the girls. We do not want to select the lawyer who represents the girls. I don't know who said he'd do it but it wasn't us. Sent from my BlackBerry Wireless Handheld Original Messa From: Jay Lefkowitz To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS); (USAFLS) Sent: Mon Oct 22 17:10:00 2007 Subject: Re: Epstein "Sloman, Jeff (USAFLS)" 10/22/2007 04:40 PM To "Jay Lefkowitz" cc costa Ale SA " (USAFLS)" Subject Epstein EFTA00213607 Jay, The Judge Davis issue is a non-starter. We've beaten that horse to death. Regarding your contention that "the attorney representative be told clearly that Mr. Epstein has agreed to pay the lawyer's hourly rate only for the time he or she spends working to effectuate settlements for the identified women," Alex and I agree that paragraph 7C is sufficient, Regarding the other points, we have made the following concessions: 1. Regarding the language concerning a lawyer whose firm is sizeable enough to litigate multiple trials simultaneously, I have removed paragraph 4 on page 3 of the letter. 2. Regarding the 150k statutory limit language, I have included a footnote which should satisfy your concern. 3. Regarding language there may be discovery to test the claims of alleged "victims", please see new paragraph 4 on page 3 which now states as criteria that the firm should have "Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims." I have attached the Addendum and the revised letter to Judge Davis. Jay, this needs to be concluded. Alex and I believe that this is as far as we can go. Therefore, please advise me whether we have a deal no later than COB tomorrow, Tuesday, October 23, 2007. Thanks, Jeff Original Message From: Jay Lefkowitz (mailto: Sent: Friday, October 19, 2 To: Sloman, Jeff (USAFLS) Subject: Re: EFTA00213608 Original Message From: "Sloman, Jeff (USAFLS)" Sent: 10/17/2007 01:58 PM AST To: Jay Lefkowitz Subject: RE: «071015 Special Master Letter2.wpd>> Jay, Here's our proposed letter to the special master. Jeff Original Message From: Jay Lefkowitz [Thant° Sent: Tuesday, October 16, APPR I AM To: Sloman, Jeff (USAFLS) Subject: The information contained in this communication is EFTA00213609 confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. N.. 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213610 EFTA00213611 10/23/2007 05:36 PM To "Jay Lefkowitz" cc "Acosta, Alex (USAFLS)" bcc Subject RE: Epstein i History Thismoss tiesbeen'teptied :1717 to and fon* Jay, Can't speak tonight. Won't send it out tonight. I'll check with Alex in the morning and will call you then. Jeff From: Jay Lefkowitz [manta Sent Tuesday, October 23, !I To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Subject: Epstein ******** ** ***** **************************************< 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirklend.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213612 "Sloman, Jeff (USAFLS)• 10/24/2007 03:45 PM To •Ja Lefk cc (USAFLS)- bcc Subject Epstein - Addendum and Letter to Judge <eaddendurn.wpcl>> <<071015 Special Master Lettentwpd» Jay, Pursuant to our conversation, here is the revised letter and a new addendum. Theonly changeto the addendumisthat I renumbered the new paragraphs from A,B, and C to 7A, 7B, and 7C.Once you approvej will contact Judge Davis and send him the letter. Please execute the addendum,PDFthe executedoriginalto me as soon as possible and Fed Ex the original to me thereafter. Jeff «< Attachment 'Addendum.worl. has been archived by user 'CommonStore/IT/Kirkland-Ellis' on '12/25/2007 00:26:41' >» «< Attachment '071015 Special Master Letter4.wpd' has been archived by user 'CommonStore/IT/Kirkland-Ellis' on '12/25/2007 00:26:47. >» EFTA00213613 EFTA00213614 IN RE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the EFTA00213615 Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: By: Dated: Dated: Dated: A. MARIE VILLAFAFIA ASSISTANT U.S. ATTORNEY iht PREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00213616 S. Department of Justice United States Attorney Southern District of Florida 99N.& e Street Miami, FL 33132-2111 (305) 961-9299 Facsimile: (305) 530-6444 October ___, 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. Asa result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alia, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein% counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this EFTA00213617 The Hon. Edward B. Davis (Ret.) October 2007 Page 2 of 4 responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.If any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. EFTA00213618 The Hon. Edward B. Davis (Ret.) October 2007 Page 3 of 4 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein arc to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this tide and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. ' An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. EFTA00213619 The lion. Edward B. Davis (Ret.) October _ 2007 Page 4 of 4 If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. Sincerely, It. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA A. Marie Villafaila EFTA00213620 EFTA00213621 To ca cc bcc Subject Re: Sent from my BlackBerry Wireless Handheld Original Messag From: Jay Lefkowitz < To: Sloman, Jeff (US Sent: Wed Oct 24 16:23:05 2007 ****************************************************** 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. It is the property of Kirkland & Ellis LLP or Kirkland fi Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. ********** *** * ******** ************** ***** * ******* ***** EFTA00213622 EFTA00213623 "Stamen, Jeff (USAFLIt)" 10/24/2007 05:30 PM To • Letkowite cc costa. Alex (USA bcc Subject Epstein - Letter to Judge Davis laWit#11,M ilak inn li li4 , ,, ,W an9 M , OeWA.anadolWatheid? • 4 WtirZr-r Jay, Here is the latest and hopefully final version of the letter to Judge Davis. Jeff <<071015 Special Master LetterS.upd>> <cc Attachment '071015 Special Master Letter5.wpd' has been archived by user 'CommonStore/IT/Kirkland-Ellis' on '12/25/2007 00:27:04'. >» EFTA00213624 S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave.. Suite 400 West Palm Beach. FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 October -, 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alia, the following terms: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this EFTA00213625 The Hon. Edward B. Davis (Ret.) October 2007 Page 2 of 4 responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2255 to bear the costs of the attorney representative, shall cease. 8.If any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9-Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. EFTA00213626 The Hon. Edward B. Davis (Ret.) October 2007 Page 3 of 4 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: Any person who, while a minor, was a victim of a violation of section . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attomey's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value.' Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified 34 victims as defined by this statute. The United States takes no position as to the validity of any such claim under this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women. ' An earlier version of this statute deems that any person described in the preceding sentence shall have sustained damages of no less than $50,000 in value. EFTA00213627 The Hon. Edward B. Davis (Ret.) October 2007 Page 4 of 4 4. Experience litigating against large law firms and high profile attorneys who may test the veracity of the victims' claims. 5. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 6. Experience litigating in federal court in the Southern District of Florida. 7. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached (defense counsel has reserved the right to challenge such litigation). 8. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the fmal designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me and/or the U.S. Attorney and/or Ja Lefkowitz, Esq. on behalf of Epstein. Mr. Letkowitz can be reached at - Kirkland & Ellis LLP, Citigroup Center, 153 East 53rd Street, New York, New York 10022-4611. Thank you again for your assistance with this matter. Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSA EFTA00213628 1 1 1 1 1 EFTA00213629 Jay, 'Sidman, Jeff USAFLS " 10/30/2007 02:42 PM To "Jay LefkowIte cc "Acosta, Alex (USAFLS boc Subject Epstein "1-Zi t-a, Here is an executed version of the addendum.PleaseFed Ex the original signature pages to me. Thanks, Jeff <cepstein addendum 10 30.pdf>> «ic Attachment 'epstein addendum 10 30.odf has been archived by user 'CommonStore/IT/Kirkland-Ellis' on '12/31/2007 23:47:35'. »> EFTA00213630 LN RE: LNVESTIGAT1ON OF JEFFREY EPSTEIN ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement If the United States elects to assign this responsibility to an Independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7B. The parties will jointly prepare a short written submission to the Independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. EFTA00213631 By signing this Addendum, Eckstein asserts and certifies that the above has been read and explained to him. Epstein hereby, states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER. ACOSTA UNITED STATES ATTORNEY ASSISTANT U.S. ATTORNEY Dated: / r/c3 Dated: Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEN EFTA00213632 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: /es he/D7 Dated: Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN EFTA00213633 r By signing this Addendum, Epstein asserts and certifies thit the above hes bean reed and explained to him. Epstein hereby stales that he understands the cbrifications to the NOD- Prosecution Agreement end agrees to comply with them. Eta:, /D / 3 do 1 Dated: Dated: Dated: It ALEXANDER ACOSTA UNITED STATES ATTORNEY By: I , . . AITO Y JEFFREY EPSTEIN GERALD LEFCOTJRT, BSQ. COUNSEL TO JEFFREY EPSTEIN ANCHI3Z, ES Q: ATTORNEY FOR JEFFREY EPSTEIN EFTA00213634 | | EFTA00213635 "Stamen, Jeff To "Jay Leflwwitz" cc bcc 10/30/2007 05:38 Sut4ect RE: Epstein PM Jay, I called Judge Davis before I sent him the agreed upon letter. He indicated his willingness to serve as the "decider." I will call him tomorrow to see whether anything has changed and when we can anticipate a decision. Regarding the subpoena question, let me think about that overnight. Thanks, Jeff From: Jay Lefkowitz [maitto• Sent Tuesday, October 30, 2007 4:54 PM To: Sloman, Jeff (USAFLS) Cc: Acosta, Alex (USAFLS) Subject: Re: Epstein — Original Message --- From: "Sloman, Jeff (USAFLS Sent: 10/30/2007 02:42 PM AS To: Jay Lefkowitz Cc: "Acosta, Alex (USAFLS)' Subject: Epstein Jay, Here is an executed version of the addendum. Please Fed EFTA00213636 Ex the original signature pages to me. Thanks, Jeff «epstein addendum 10 30.pdf» 444444444444444444444444444444444444444444444444444444 44444 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** ***** EFTA00213637 I I I I I I EFTA00213638 Jay, Your understanding from Jack Goldberger conforms to my understanding that Mr. Epstein's plea and sentence will take place on the same day. I understand that the plea and sentence will occur on or before the January 4th date. Jeff EFTA00213639 EFTA00213640 Fine "Sloman, Jeff (USAFLS)" 11/15/2007 01:51 PM To "Jay Lefkowite< cc bcc Subject RE: Original Message From: Jay Lefkowitz (mailto Sent: Thursday, November 15, To: Sloman, Jeff (USAFLS) Subject: flealsansigials 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. 4,4,**************************************************** EFTA00213641