EFTA00224869.pdf

KIRKLAND & ELLIS LLP ANONIlts4110 Cubeyoup erniee 153 East 53to Suet,' Now York. New York 10077.401 Jay P I etkowilz, P C (212) 44G-4800 To Cal Wrist Mealy fAr‘olor. 11 O 4:1-4:atit wow kitkund ram I : 144G 4 9ou javilli Cons August 22, 200R VIA FACSIMII.E 561 R20-8777 Re: Jeffrey Epstein I write this letter to correct certain misstatements made in your letter dated August 21. 2008. and the accompanying draft notification. First. you mate that -Mr. Joselsherg expended time. effort and funds in preparing to serve as attorney representative in October of 2007.- Neither I. nor at* other attorne> ou Mr. Epstein's defense team. was notified of this work by Mr. Joselsberg. Second. in the victim notification letter, no judge "has ordered that the United Stagy make available a copy of the Non-Prosecution Agreement. Section (d) of the Order to compel Production and Protective Order provides that if an> of the alleged "victims- and/or their attorneys -request the opportunity to review the Agreement.- the t iSAO shall comply wish 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 tenns of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unneccssary 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. EpS14:111.$ responsibilities regarding civil restitution. The resolution of liability pursuant to IS U.S.C. EXHIBIT B-86 EFTA00224869 odu4iuua KIRKLAND & ELLIS LLP A. Mark Villafana August ". 200S Page 2 * 2255 k as stated in paragraphs 7 and 8 of the Agreement and the Addendum to the Agreement. no more. no Huth. while you state, in your letter, that the LISA° dales not intend to delete ani 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 that you informed us had been memorialized as of September 24. 2007 and disclosed to Mr. Lipstein un June 30. 20011 (the date of sentence pursuant to the Agreement's disclosure requirements). Please confirm the exact mune and number of individuals the government plans on notifying as provided for under the Agreement. Sixth. hosed on express language in prior communications Imm 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 have previously communicated our objections to the propriety of the attorney representative engaging in contested litigation. We again dispute tlx assertion that Mr. Josekherg's duties include filing contested litigation. In any ease, 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. Josefsbcrg. Sin9jreiv. fa4•P. lelkowitz EFTA00224870 .1 .a..0 0 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New York, N w r 1 -4611 Phone' Fax Please notify us immediately if any pages arc 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 NOTAUS IMMEDIATELY AT: ( 446-4800- From: • Date: Pagaswtover Fax It Direct U: Ja P. Lelkowitz August 22, 2008 3 212 446-6460 212 446-4970 Message: EFTA00224871