EFTA00234477.pdf

KIRKLAND & ELLIS LLP Mtb eVMULTI() PA} I NIKSIIIN CiligenUp Cook!, 153 EaSI 53ig Street Now Yolk Now Toth 100324611 Jay P I alhown,, P C To Call Writ t oileCtly 00140•414(1,kitklaitil con VIA FACSIMII.1: (41)820-8777 M I 446-4 am F.Inanide Wong Awkluwi ton] :ZIP 415 4900 August 22. 2008 A. Marie Villafana inited States Attorney's Office Southern District of Florida 300 South Australian Avenue. Suite 400 West Palm Reach. Florida 3340I Re: .1411hy Epstein Ikar Marie: I write this letter to correct certain misstatements made in your later dated August 21. 2t)08. and the accompanying draft notification. First, you state that "Mr. Josefsberg expended time, effon and funds in preparing to serve as attorney representative in October of 2007." Neither I. nor any other attorney on Mr. Epstein's defense team. was notified of this work by Mr. Joselsbcrg. 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 opportunity to review the Agreement." tlx: ()SAO shall comply with the request so long as (lune 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 than upon request and doing so is in conflict with tlx: confidentiality provisions of the Agreement. Given that the individuals un 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 made - with the approval of Mr. Epstein's counsel.- Fourth. we are concerned with your open-ended description of Mr. Epstein's n:sponsibilities regarding civil restitution. The resolution of liability pursuant to IR U.S.C. EFTA00234477 It? 4/ VtIa KIRKLAND & ELLIS LLP A. Marie Villatana August 11. 200K Page 2 4) 2253 is as stated in paragraphs 7 and S of the Agreement and die Addend o doe Atlevthellt no more. no less. Filth, while you state, in your letter. that the USA() tioe.s not intend to delete ally of the names on the list provided to Mr. Fristein's counsel, you do not confirm that the prior list is linal and complete. There can he no expansion of the list of individuals that you infonned us had been mt.-mon:di/A as of September 24. 2007 and disclosed to Mr. Epstein un June 30. 2005 (the date of sentence pursuant to the Agreement's disclosure requirements). Please confirm the exact name and number of individuals the government plans on notifying as provided for under the Agreement. Sixth. based on express language in prior communications front your Office. we are in agreement that paragraphs 7 and it 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. Jostisherg's duties include filing contested litigation. In any ease, that issue is not ripe for resolution at this point. Mn again, given his agreement to be the attorney representative. we will address these matters directly with Mr. Josefsherg. Sin i--rely. i , i ./. ' P. l.clkowity. cc: Karen Atkinson. Chief Northern Division EFTA00234478 KIRKLAND & ELLIS LLP Fax Transmittal Citigroup Center 153 East 53rd Street New 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 W: Direct 0: A. Marie Villafana CC: I.Inited Stales Attorney's Office Company: 561-S20-S777 Fax #: 36 -2IP)- 1047 Direct #: Karen Atkinson United Slates Attorney's Office 561-820-S777 561-820-S71 1 From: Jay P. Le1kowitz Date: Pagesettover August 22.2009 3 Fax II: Direct Message: EFTA00234479