EFTA00223616.pdf

cz tz'M Li-F6sit 1411-11AMC.V EFTA00223616 08/22/2008 17:09 FAX a002/003 KIRKLAND & ELLIS LLP AND AfriLIATED PoRTNIRSHIPS Celgroup Confer 163 East 53ra Strom Now York. Now York 10027.4011 Jay P I olkowllz. P C To We Directly Facyni www kirkland coot August 23,2008 VIA FACSIMILE lulled States Attorney's Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach. Florida 33401 R': A:flit,' Epstein Dear I write this letter to correct certain misstatements made in your letter tatted August 21, 2008. and the accompanying draft notification. • First, you state that "Mr. Josefsberg expended time, effort and fonds in preparing to serve as attorney representative in October of 2007." Neither 1. nor any other attorney on Mr. Epstein's defense team, was notified of this work by Mr. Joscfsbcrg. 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 opponunity to review the Agreement," the MAO shall comply with the request so long as those individuals agree not to disclose the Non-Prosecution Agreement. There. is nit court order requiring the government to provide the alleged "victims" with notice that the Non-Prosecution Agreement is available to them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should he excised. Third. misstatements in your prior notification were not made "with the approval of Mr. Epstein's counsel:* Fourth, we are concerned with your open-ended description of Mr. Epstein's responsibilities regarding civil restitution. The resolution of liability pursuant to 18 U.S.C. EFTA00223617 08/22/2008 17:08 FAX Q0°2/0°8 KIRKLAND & ELLIS LLP August 22, 2008 Page 2 § 2255 is as slated in paragraphs 7 and 8 ol' the Agreement and the Addendum to the Agreement. no more. no less. Filth, while you state, in your letter, that the USAO does not intend to delete any of the names on the list provided to Mr. Epstein's counsel, you do not confirm that the prior list is final and complete. There can be no expansion of the list of individuals that you informed us had been memorialized us of September 24. 2007 and disclosed to Mr. Epstein on June 30. 2008 (the date of sentence pursuant. to the Agreement's disclosure requirement). Please confirm the exact name and number of individuals the government plans on notifying us provided fur under the Agreement. Sixth. based on express language in prior communications from your Office. we arc in agreement that paragraphs 7 and 8 of the Agreement are in need or elarillemion 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 communicauxl our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assenion that Mr. Joselsberg's duties include filing contested litigation. In any ease, that issue is not ripe for re.solution at this point, bin again, given his agreement to be the attorney representative. we will address these matters directly with Mr. Josefsberg. Sin • Te y. 1 P. I.elkowitz cc: Chief. Northern Division EFTA00223618 oun2/2009 17:09 FAX 0001/003 KIRKLAND & ELLIS LLP Fax Transmittal Oltigroup Corder 153 East 53rd Street ai New York, N -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 NOTIF IMMEDIATELY AT: To: CC: Company: United States Attorbey's Office Company: United States Attorney's °Mee Fax #: Fax #: Direct #: Direct S: From: Jay P. Lolkowitz Date: Pagesvistomx: August 22. 200R 3 Fax Direct #: Message: EFTA00223619 ifga ••••&1•••••• •• 'KIRKLAND & ELLIS LLP AND MIWATth PAkINERSInrs Cilia/Quo Canter 153 East 53ra Stied' Now York. New York 10022-4511 P I otkowitz, P C To Csll Writor (Wetly M-416-4970 plkowitzekirklantl COM VIA FA 'SIMII.F CE) 446-4800 wow kokLiond ran August 22, 2008 t iniied States Attorney's Office Southern District of Florida • 500 South Australian Avenue, Suite 400 West Palm Beach. Florida 33401 Re: Jed/key Epstein Dear Failfanyle I write this letter to correct certain misstatements made in your loner 1.411a. I August 21. 2008. and the accompanying draft notification. . • First, you state that "Mr. Josefsbcrg expended time. effort and finds in preparing to serve as attorney representative in October of 2007.- Neither I. nor any oilier attorney on Mr. Epstein's defense learn. was notified of this work by Mr. Josefsberg. • 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 cipponunity to review the Agreements" the USAO 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 them upon request and doing so is in conflict with the confidentiality provisions of the Agreement. Given that the individuals on the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. h is conflicting paragraph of your notice is unnu.‘ssary in any event and should he excised. Third. misstatements in your prior notification were not made ''with the approval of Mr. Epstein's counsel.- Fourth. we are .concerned with your open-ended description of Mr. Epstein's responsibilities regarding civil restitution. The resolution of liability pursuant to IS U.S.C. EFTA00223620 Ipi VVO/VVO KIRKLAND & ELLIS LLI' A. Mark Villafima August 22, 200S Page 2255 is as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement. no more. nu less. Fifth, while you state, in your letter, that the L&NO does not intend to delete any of the names on the list phwided fo Mr. Epstein's counsel, you do not confirm that the prior list is final and complete. There can be no expansion of the list of individuals that you informed us had been memorialized as of September 24. 2007 and disclosed to Mr. Epstein on June 30. 2008 (the date of sentence pursuant to the Agreement's disclosure requirememsi. Please confirm the exact name and number of individuals the government plans on notifying as provided lig under the Agreement. Sixth; based on express language in prior communications from your Office. we are in Agreement that paragraphs 7 and R 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. loselkherg's duties include filing contested litigation. In any case, that issue is not ripe for resolution at this point. hut again, given his agreement to be the attorney representative. we will address these matters directly with Mr. Josefsberg. cc: Chief. Northern Division EFTA00223621 10 BE Ii vuo KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, N Phone: Fax: 4611 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 #: Direct #: CC: United States Attorney's Office Company: Fax #: Direct #: Karen Atkinson I tinted States Attorney's (Alice From: Date: PagestvIcovor Fax ft: Direct it: Jay 1'. Lelkowitz August 22, 2008 3 Message: EFTA00223622 KIRKLAND & ELLIS LLP AND ;mum° PARINCtSUIPS Celgroup Center 153 Eau 53ra Saco' .. Now Yo*. New York 10022-4611 Jay P I olitowitz. P C To Call Writer Oititelly Fan:mule wwv k kland can al 448 .2900 INIkewilieceektend gum August 21, 2008 VIA FACSIMILE (561) 820-8777 A. V i !lacuna • tinda.l States Attorney's (Mice Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Reach. Florida 33401 Re: Jeffrey Epstein Dear MI yrite this kitet. to correc4vertain misstatements made in your Leiter dated August 21. 2008. and the accompanying draft.nOtiticition. . • • • First, you state that "Mr. Josefsberg expended time. efron and funds in preparing to serve as atiorneY representative in eistabdir of 2007." Neither 1. nor any other attortieY on Mr. Epstein's defense 'team. was notified of this work by Mr. Josetkberg. 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 Orden° Compel Production and Protective Order provides that if -airy ul ihe• alleged -•Victims"• and/or their the Opportunity to review the Agliel:netr: die. OSA() shall comply %vitt' the inquest so.lnng as those Individuals agree nut tadiissflose lh Non-Proseattion AgreeMent. 'there is nor court order requiring the government to provide the alleged "victim*" with notice that the Non-Prosecution Agreement is available to them upon retµtest and doing so is in. conflict with the confidentiality provisions of the Agreement. Given. that the•individuals on the list will have an attorney:representative who is fully aware of the terms of the Non-Prosecution Agreement. • thiscontlieling paragraph or.your neticeis unna.2*.sary in any event and should be excised. . • Third. misstatement's in your prior notification were mu made "with the approval of Mr. F.pstein's counsel." • Fourth. we concerned . with your Open: ended description of Mr. . Epstein's responsibilities regarding civil restitution. The nisuludon of liability pursuant to IS U.S.C. EFTA00223623 ps %WO/ UU3 KIRKLAND & ELLIS LLP A. August 22. 20O Page *2255 is as slated in paragraphs 7 and 8 of the Agreement and die Addendum to the Agreement. no more, uo less. wbileyou state, in your letter. dial the USA° does not intend in delete any of the names on the list provided to Mr. Epstein's counsel. you do not confirm that the prior list is final and complete. There can be no expansion of the list of individuals that you informed us had beam memorialized as of September 24, 2007 and disclosed to Mr. Epstein on June :W. 2008 (the date of' sentence pursuant to the Agreement's diselosortrrequirementsl. Please confirm the exact name and number of individuals the govermient plans on notifying as provided for under the Agreement. Sixth: based on express language in prior communications from your Office. we are in .agreement that paragraphs 7 and 8 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 kive previously communicated our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute the assertion that Mr. knish:mils duties include filing contested litigation. In any case. that issue is hot ripe fin. resolution at Thispoint but again, given his agreettent to be di: attorney representative. we will address these matters directly with Mr. Josefsberg. co: Karen Aikinson. Northern Division EFTA00223624 KIRKLAND & ELLIS LLI) Fax Transmittal Citigroup Center 153 East 53rd Street a New York. N r -4611 Phone' Fax: Please notify us immediately if any pages am notroccived. 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: 7b: Company: Fax It: Direct #: A. Villafana CC: United States Attorney's Office Company: - Pax IS: 561-209-1047 ' Direer#: United States Attorney's Office 561-&20-8777 561-820-S711 From: • ' Date: Pageseetover: Fax #: • Direct #: :lay P. Lelkowitz August 22, 2008 3 Message: EFTA00223625