EFTA00215856.pdf

KIRKLAND & ELLIS LLP AM, .m..1..00. refl... loam Jay P LeMcwatz. P C To 101W HIPIInI1041ty Ittlkowdzy.014,004041COni VIA FACSIMILE (56i ) 82n-8777 United States Attorney's Office Southern District of Florida Dear C1490000 C"nief 1S3 ka-A• StMel New Wei Nov York 10022 4011 (PS?) 44h.4Afill wo ,. 'Oakland rnen Atigusl I S. 200X Re: Jeffrey Epstein Faca4004: I write in response to your letter dated August IS. 2008 regarding the civil restitution pnnion of the Delerred Prosecution Agrcemtml (the "Agreement."). Thank you for confirming our piiiiiitt that the Deceinher ninclification proposal is not part 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 agreement. 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 18 * 2255 aspects of the Agnxmcnt are carried out in a proper manner. it would he useful to conic to an agreement as to the implementation of the civil restitution motion of the Agreement. As we have previously stated. Mr. Epstein fully intends to abide by the terms of the Agreement. and we hope you appreciate that our eflbrts to resolve any misundenaantlinigt between Mr. Epstein and the government about the terms of the Agreement am intended only to ensure that it is carried out fully and fairly. In an ellbn to avoid having either party unintentionally breach the Agreement. we suggest that steps he 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 offer the final word on how certain clauses should he interpreted and satisfied. Became the government has already enlisted Judge Davis to select the attorney representative under the Agreement. we would he amenable to his serving in this role. In order to come to an agreement on the exact procedure by which the identifier( individuals will obtain restitution. I am providing you with our thoughts on three issues below. Hong Korn Luncton Lae Mgdcs Munich San Francisco Wallington. D.C. EFTA00215856 KIRKLAND & ELLIS LLP August I S. 200X Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals, it will he appropriate to notify them. Pint. 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. 21)07 list hod been narrowed. (*mainly. 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 goverment to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should he limited to (I) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact information of the selected attorney representative. We object to the inclusion of additional infonuation about the investigation of Mr. Epstein, the (emu of tlx: Agreement other than paragraphs 7-I0. and the identity anther identified individuals. Third, us you are aware, the Addendum requires that - the parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epsteitt's Agreement to pay such attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra.- We will certainly cooperate with the government to shah such a joint suhinission and would be pleased to submit draft language to you for such a joint submission. I look forward to working with you to resolve these matters. I believe we have a mutual interest in moving ma all of these issues so that the civil restitution aspects of the Agreement can be fulfilkal. cc: Chief. Northern Division Sincerely. otel tell:twat/ EFTA00215857 KIRKLAND & ELLIS LLP Fax Transmittal Crh rou Center Now York, New York 10022-4611 Phone 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: Company: Fax 0: Direct 0: CC: t tuned States Attorney's Mice Company: United States Attorney's Office Fax it Direct* From: Date: Pagenwtover. Fax 0: Directs: Jay P. Lelkowitz August IS. 2008 3 Message: EFTA00215858