EFTA00214941.pdf

From: To: "Jay Lefkowitz" Cc: "Acosta, Alex (USAFLS)" Subject: en um Date: Fri, 12 Oct 2007 13:48:30 +0000 Importance: Normal Jay, I just got off the phone with Alex. Here is the revised paragraph 1. Thanks, 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 Leflcowitz [mail' ' Sent: Thursday, October 1 12 PM To: Subject: Re: Addendum I need to run this by my client, but I would propose slightly modified language for para I. The United States will assign to an independent third-party, who shall be appointed subject to the good faith approval of Epstein's counsel, the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. The United States retains the right to submit to the independent third-party a written statement, disclosed to and approved by Epstein, that will set forth in general terms the role of any attorney representative in negotiating a settlement for any claimant and the further role of advising such potential claimants of their alternative right to retain their own counsel for the purposes of separate litigation. I made it "will assign" because I understood that you didn't actually want to pick the lawyer and that you wanted judge davis, or someone like him, to select the lawyer. The other edits should be clear to you in terms of what I am trying to safeguard, but I would be happy to discuss with you later this pm. Thanks. Jay -- Original Message From: Sent: 10/11/2007 12:17 PM AST To: Jay Lefkowitz Cc: "Acosta, Alex (USAFLS)" Subject: Addendum Jay, EFTA00214941 Pursuant to our conversation. Thanks, 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: 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 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 him. Epstein hereby states that he understands the clarifications to the Non- Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA Dated: Dated: UNITED STATES ATTORNEY By: ASSISTANT U.S. ATTORNEY JEFFREY EPSTEIN EFTA00214942 Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY 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@kirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00214943