EFTA00190318

How to proceed? Lanna 
From: Bryce Albu [mallto:bryce@reederandreeder.com] 
Sent: Tuesday, September 16, 2008 3:52 PM 
To: Lanna Belohlavek 
Cc: Martin Reeder 
Subject: State I. Jeffrey Epstein 
Ms. Belohlavek, 
We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and 
an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because 
the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is 
interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and 
the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the 
agreement. Please call me at your earliest convenience. 
Very truly yours, 
C. Bryce Albu 
Reeder & Reeder P.A. 
250 S. Central Blvd., Suite 200 
Jupiter, FL 33458 
Direct Dial: (561) 575-9721 
Facsimile: (561) 575-9765 
bryceareederandreeder.com 
436 
EFTA00190698

Villafana, Ann Marie C. (USAFLS) 
From: 
Senior, Robert (USAFLS) <RSenior@usa.doj.gov> 
Sent: 
Wednesday, September 17, 2008 11:25 AM 
To: 
Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Lee, 
Dexter (USAFLS); Atkinson, Karen (USAFLS) 
Cc: 
Garcia, Rolando (USAFLS) 
Subject: 
RE: State'. Jeffrey Epstein 
Given the non-disclosure agreement, aren't we left with telling the SAO that we have agreed to not disclose so it 
wouldn't be proper for us to now agree that unsealing is appropriate. Ultimately, it's the SAO's call because they will get 
the Florida Public Records Act request and they were not a signatory to the agreement. We should also notify defense 
counsel so that they can take whatever actions they believe are appropriate. Wait till others have had a chance to 
weigh in on this issue. 
From: Villafana, Ann Marie C. (USAFLS) 
Sent: Wednesday, September 17, 2008 10:50 AM 
To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen 
(USAFLS) 
Cc: Garda, Rolando LUSAFLS) 
Subject: FW: State I. Jeffrey Epstein 
Will it never end? Barry Krisher sent the e-mail below to Rolando this morning. How would you like to handle 
this issue? 
A. Marie Vilkfairia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
From: Garcia, Rolando (USAFLS) 
Sent: Wednesday, September 17, 2008 10:48 AM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: FW: State'. Jeffrey Epstein 
From: Barry Krischer [mailto:Bkrische@sa15.state.fLus] 
Sent: Wednesday, September 17, 2008 10:46 AM 
To: Garcia, Rolando ILISAFLS) 
Subject: FW: State . Jeffrey Epstein 
Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement 
sealed in the file by the judge at the time of the Epstein plea. 
From: Lanna Belohlavek 
Sent: Tuesday, September 16, 2008 4:21 PM 
437 
EFTA00190699

To: Barry Krischer 
Subject: FW: State'. Jeffrey Epstein 
How to proceed? Lanna 
From: Bryce Albu [mallto:bryce@reederandreeder.com] 
Sent: Tuesday, September 16, 2008 3:52 PM 
To: Lanna Belohlavek 
Cc: Martin Reeder 
Subject: State 
Jeffrey Epstein 
Ms. Belohlavek, 
We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and 
an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because 
the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is 
interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and 
the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the 
agreement. Please call me at your earliest convenience. 
Very truly yours, 
C. Bryce Albu 
Reeder & Reeder P.A. 
250 S. Central Blvd., Suite 200 
Jupiter, FL 33458 
Direct Dial: (561) 575-9721 
Facsimile: (561) 575-9765 
bryceereederandreedercom 
438 
EFTA00190700

Villafana, Ann Marie C. (USAFLS) 
From: 
Senior, Robert (USAFLS) <RSenior@usa.doj.gov> 
Sent: 
Wednesday, September 17, 2008 11:26 AM 
To: 
Sloman, Jeff (USAFLS); Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Lee, 
Dexter (USAFLS); Atkinson, Karen (USAFLS) 
Cc: 
Garcia, Rolando (USAFLS) 
Subject: 
RE: State'. Jeffrey Epstein 
Nothing like emails that cross in the wind. 
From: Sloman, Jeff (USAFLS) 
Sent: Wednesday, September 17, 2008 11:22 AM 
To: Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, 
Karen (USAFLS) 
Cc: Garcia, RolandolUSAFLS) 
Subject: RE: State I. Jeffrey Epstein 
I have reviewed the Agreement. We have no obligation to seek its continued sealing. Per my conversation with Marie, 
she is going to notify Jack Goldberger that he has yet to file the remainder of the Agreement and that the unsealing issue 
is between him/Epstein and the SAO's office. 
From: Villafana, Ann Marie C. (USAFLS) 
Sent: Wednesday, September 17, 2008 10:50 AM 
To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen 
(USAFLS) 
Cc: Garcia, Rolando {USAFLS) 
Subject: FW: State I. Jeffrey Epstein 
Will it never end? Barry Krishcr sent the e-mail below to Rolando this morning. How would you like to handle 
this issue? 
A. Marie Villafana 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
From: Garcia, Rolando (USAFLS) 
Sent: Wednesday, September 17, 2008 10:48 AM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: FW: State'. Jeffrey Epstein 
From: Barry Krischer (mailto:Bkrische@sa15.state.fLus] 
Sent: Wednesday, September 17, 2008 10:46 AM 
To: Garcia, Rolando USAFLS) 
Subject: FW: State I. Jeffrey Epstein 
439 
EFTA00190701

Please advise how you would like us to proceed. The agreement referred to is the Federal Non-Prosecution agreement 
sealed in the file by the judge at the time of the Epstein plea. 
From: Lanna Belohlavek 
Sent: Tuesday, September 16, 2008 4:21 PM 
To: Barry Krischer 
Subject: FW: State'. Jeffrey Epstein 
How to proceed? Lanna 
From: Bryce Albu [mailto:bryce@reederandreeder.com] 
Sent: Tuesday, September 16, 2008 3:52 PM 
To: Lanna Belohlavek 
Cc: Martin Reeder 
Subject: State'. Jeffrey Epstein 
Ms. Belohlavek, 
We represent The Palm Beach Daily News. The newspaper recently discovered that a non-prosecution agreement (and 
an addendum thereto) was filed under seal pursuant to an agreed order entered in the above-referenced case. Because 
the records are sealed, we cannot assess the propriety of the decision to seal them or even whether the newspaper is 
interested in the information contained therein. I was hoping you would discuss with me the nature of the agreement and 
the basis for sealing it so that we can advise our client on whether it should pursue an order unsealing the 
agreement. Please call me at your earliest convenience. 
Very truly yours, 
C. Bryce Albu 
Reeder & Reeder P.A. 
250 S. Central Blvd., Suite 200 
Jupiter, FL 33458 
Direct Dial: (561) 575-9721 
Facsimile: (561) 575-9765 
bryceareederandreeder.com 
440 
EFTA00190702

Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> 
Sent: 
Wednesday, September 17, 200810:43 AM 
To: 
Acosta, Alex (USAFLS); Sloman, Jeff (USAFIS); Senior, Robert (USAFLS); Lee, Dexter 
(USAFLS); Atkinson, Karen (USAFLS) 
Subject: 
Communications from Jeff Herman re Epstein matter 
Attachments: 
080916 Ltr from Herman to Josefsberg.pdf; 080915 Ltr from Herman to Villafana.pdf 
111 
III all - Today, Jeff and Dexter should receive hard copies of a letter I received from Jeff Herman 
yesterday. (Karen received her copy yesterday.) I had not intended to do much with it, but today I received a 
fax from Bob Josefsberg attaching a letter that he had received from Herman. I have scanned and attached both 
of the letters to this e-mail. In light of the two letters, I would like to get permission to contact the Florida Bar 
for a written staff opinion on the issue. I could only ask them to address the issue of my contacting the victims, 
but I recommend that we ask Bob if he wants to submit a written request at the same time regarding whether he 
can contact the victims. 
I will note that, for those girls who we knew were represented, all communications were directed to their 
attorneys, and Bob J. knows that he cannot contact those girls directly. 
Can you let me know if you have any objection to this? And, Dexter, are you willing to review my written 
request before it goes out? 
Thank you. 
«080916 Ltr from Herman to Josefsberg.pdf>> «080915 Ltr from Herman to Villafana.pdf>> 
A. Marie Villafana 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
432 
EFTA00190703

Herman Wermelsteln, P 
10:48:06 a.m. 
16-09-2008 
1/3 
ERMAN & M ERMELSTEIN PA 
Ai l'ORNEYS AT LAW 
FAX TRANSMITTAL 
Jeffrey M. Herman 
Tel 305.931.2200 
Fax 305-931-0877 
jherman€hermanlaw.com 
18205 Biscayne Boulevard 
Suite 2216 
Miami, Florida 33180 
yovw.hermanlaw.cOrn 
FROM 
DATE 
NO. OF PAGES 
Jeffrey M. Herman 
September 16, 2008 
3 
TO 
COMPANY 
FAX NUMBER 
A. Marie Villafana, Esq. 
U.S. Attorney's Office 
(561)820-8777 
MESSAGE 
RE: Jane Does 2-5 I Jeffrey Epstein 
Please see enclosed correspondence. 
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY 
CONTAIN_ INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE 
LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE 
FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, 
DISTRIBUTION OR COPYING OF 7MS COMMUNICATION IS STRICTLY PROHIBITED. 
IF YOU HAVE RECEIVED THIS 
COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE 
TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. 
EFTA00190704

305-9312200 
Herman 8Mermelsteln,P 
10:48.28 a.m. 
16-09-2008 
1/3 
HERMAN 6. MERMELSTEIN PA 
ATTORNEYS AT LAW 
September 16, 2008 
Via Fax and Regular Mail 
A. Marie Villafafia, Esq. 
Assistant U.S. Attorney 
500 Australian Ave., Fourth Floor 
West Palm Beach, FL 33401 
Re: 
Jeffrey Epstein 
Dear Ms. Villafafia: 
Jeffrey M. Herman 
Tel 305.931.2200 
Fax 305.931.0877 
jherman©hermanlaw.com 
18205 Biscayne Blvd. 
Suite 2218 
Miami. Florida 33160 
vninv.hermanlaw.com 
This concerns your letters to us and to sexual assault victims of Mr. Epstein dated September 
2, 2008. Please be advised that we strenuously object to your letters on various grounds, and believe 
that they are in violation of the Florida Bar Rules. 
First, your letters attempt to steer the victims to a particular attorney, Mr. Josefsberg, and 
advise them that Mr. Josefsberg will be making an unsolicited contact to them in the next two weeks. 
This contact with prospective clients and solicitation reflected in your letters is contrary to Ma. Bar. 
Rule 4-7.4. Additionally, your letters are misleading in the following respects: (1) the action 
advocated to the victims in paragraph 2 refers generally to the victims' waiver o f "any other claim for 
damages", failing to advise them that this waiver may include a valuable claim to punitive damages 
against an alleged billionaire; and (2) the letters imply in paragraph 3 that Mr. Epstein's agreement to 
pay attorney fees is a significant concession, when in fact a victim is entitled to reasonable attorneys' 
fees under the Statute upon proof of a violation, irrespective of Mr. Epstein's agreement. 
We accordingly demand that the U.S. Attorneys' office immediately cease and desist from 
directing unrepresented victims into unsolicited attorney contacts and misleading them about their 
rights in claims against Mr. Epstein. We demand that you instruct Mr. Josefsberg not to solicit 
victims, and to send letters to unrepresented victims correcting the misleading statements contained 
in your September 2, 2008 letters. 
EFTA00190705

305- 9312200 
Herman &Mermelstein, P 
10:48:58 a.m. 
16-09-2008 
3/3 
A. Marie Villafafia, Esq. 
September 16, 2008 
Page 2 
Finally, we demand that you make no contact with our clients diredy,kt_nd contact th
i
er
ionl 
through our office. Our clients include 
Garcia, Faith Pentek and 
Alvarez. 
Sincerely, 
effrey M. Herman 
EFTA00190706

09/16/2088 
17:18 
PODHURST.ORSECK 
NO.269 
D831 
PQDHURST ORSECK, P.A. 
City National Bank Building, Suite 800 
25 West Flagler Street 
Miami, FL 33130 
Please deliver the following page(s) to: 
AUSA A. Maria Villafana (561) 820-8777 
Michael R. Tein, Esq. (305) 442-6744 
Roy Black, Esq. (305) 358-2006 
From: Robert C. Josefsberg, Esq. 
Number of page(s): (Including cover page) 
Our Fax Number: (305) 358-2382 
MESSAGE: 
File No. Epstein 
Date: 9/16/08 
If you do not receive all pages, please contact us immediately at: 
(305) 358-2800 - Extension 3241 
THIS IS A PRIVILEGED AND CONFIDENTIAL COMMUNICATION. IF 
YOU ARE NOT AN INTENDED RECIPIENT, YOU SHOULD: (1) REPLY 
TO SENDER; (2) DESTROY THIS COMMUNICATION ENTIRELY, 
INCLUDING DELETION OF ALL ASSOCIATED TEXT FILES FROM ALL 
INDIVIDUAL AND NETWORK STORAGE DEVICES; AND (3) REFRAIN 
FROM COPYING OR DISSEMINATING THIS COMMUNICATION BY 
ANY MEANS WHATSOEVER. THANK YOU. 
EFTA00190707

09/ 1G/2008 
17:18 
MDFURSLORSECK 
N0.269 
f1002 
Podhurs 
T 2.: A_, Sr A21?7-7-1-A77.71 
WYi33S
t 
• •••'4. r% r" , r: 
„..-
r%..-
Aaron S. Podhunt 
Robert il
i
coefsberg 
Joel D. 
Steven 
ks 
Victor M. Diar, Jr. 
Katherine W. Ezell 
Stephen F. Rosenthal 
Ricardo h.f.: Martfnet-Ctd 
Ramon A Rasco 
Alexander T. Rundlet 
John Gravante, lit 
AUSA A. Marie Villafana 
U.S. Attorney's Office 
Southern District of Florida 
500 S. Australian Avenue, Suite 400 
West Palm Beach, FL 33401 
Roy Black, Esq. 
Black, Srebnick, et al. 
201 S. Biscayne Blvd., Suite 1300 
Miami, FL 33131 
Re: 
Jeffrey Epstein 
Dear Ms. Villafana and Gentlemen: 
September 15, 2008 
VIA FACSIMILE 
Robert Orseck (19M-1978) 
welter li Beckham. Jr. 
[Caren Podhurst Dan 
Of Counsel 
Michael R. Tan, Esq. 
Lewis Tein, 
3059 Grand Avenue, Suite 340 
Coconut Grove, FL 33133-5166 
Enclosed please find a letter received today from Jeffrey Herman. Before I start wasting my 
time and Mr. Epstein's money researching the ethical issues, I would like to know if any of you 
looked into Rule 4-7.4. Until I am advised to the contrary, I shall assume Mr. Herman is incorrect, 
but I would like this issue resolved as soon as possible. 
Very truly yours, 
770 - 7.2 
Robert C. Josefibcrg 
RCJ/bp 
Enclosure 
cc: 
Katherine W. Ezell, Esq. 
Amy Ederi, Esq. 
Podhurst OrSick• P.A. 25 West }Leer Street Suitt 00). Mont It  33130 
Mlatrd 3053382300 Fax Vinci; rdo • Fort Laucludak 954.461.4346 
vnew.podhonecorn 
EFTA00190708

09/16/2008 
17:18 
P0DHLIRST,0RSECK 
H0.269 
DOM 
:carman &Nlermelstein, P 
HERMAN & MERMELSTEIN PA 
ATTORNEYS AT LAW 
September 16, 2008 
Via Fax and Regular Mall 
Robert Josefsberg, Esq. 
podhurst Orseck P A 
25 W Plaster St Ste 800 
Miami, Florida 331301720 
Re: 
Jay Epstein 
Dear Mr. Josefsberg: 
1050:14 a.m. 
16-09-2008 
212 
KEL. 
RC: --
Cc A-7E' — 
Jeffrey M. Herman 
Tel 305.9312200 
Fax 305.031.0877 
Thermanehennanlaw com 
18205 Biscayne Blvd. 
Suite 2218 
Miami, Florida 33160 
swe.hennenlaw.corn 
We are in receipt of letters dated September 2, 2008 from Assistant U.S. Attorney A. 
Marie Villafaha that were sent to sexual assault victims of Jeffrey Epstein. That letter 
advises victims that you will be contacting them regarding civil claims against Epstein. 
Please be advised that we strenuously object to these letters and the contemplated unsolicited 
contacts with victims. Please be further advised that we represent the following victims in 
claims against Jeffrey Esptein and direct Malibu make no contact with an af them, except 
through our office: Michele 
Garcia, Faith 
Pentek and 
Alvarez. 
We further believe that Mr. Epstein's plan for you to represent victims, and for the 
Assistant U.S. Attorney to assist you in soliciting them, is in violation of the Florida Bar 
Rules, particularly Rule 4-7.4. We urge you not to participate in these activities. 
EFTA00190709

Villafana, Ann Marie C. (USAFLS) 
From: 
Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> 
Sent: 
Monday, September 29, 2008 12:05 PM 
To: 
Ethics Opinions 
Subject: 
FW: Request for Written Staff Opinion ATTN Elizabeth Clark Tarbert 
Attachments: 
Florida Bar Ltr re Ethics Opinion.pdf; Final Victim Notification -- Sample.pdf; Final 
Victim Notification Represented Sample.pdf 
Dear Ms. Tarbert — Here is my earlier e-mail. 
Thank you. 
A. Marie Villafaila 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
From: Villafana, Ann Marie C. (USAFLS) 
Sent: Thursday, September 18, 2008 7:21 PM 
To: eto@)flabar.orq 
Cc: Atkinson, Karen (USAFLS); Lee, Dexter (USAFLS) 
Subject: Request for Written Staff Opinion 
Dear Sir or Madam: Please see the attached correspondence. Thank you for your assistance. 
«Florida Bar Ltr re Ethics Opinion.pdf» 
<<Final Victim Notification — Sample.pdf» 
«Final Victim Notification Represented Sample.pdf>> 
A. Marie Villafalla 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
13 
EFTA00190710

Fax 561 820-8777 
14 
EFTA00190711

U.S. Department of Justice 
Uni►ed States Attorney 
Sou►hern District of Florida 
VIA ELECTRONIC MAIL 
Ethics Counsel 
The Florida Bar 
651 East Jefferson Street 
Tallahassee, FL 32399-2300 
500 South Australian .4vc. Suite 400 
West Palm Reach. Ft 33401 
(561) 820-8711 
Facsimile: (561) 820-8777 
September 18, 2008 
CONFIDENTIAL'
Re: 
Request for Written Staff Opinion 
Dear Sir or Madam: 
I am an Assistant United States Attorney and a member in good standing of the 
Florida Bar. I am writing to request a written staff opinion on an issue related to contact with 
unrepresented parties. 
As part of my employment, I have investigated and presented for prosecution a case 
involving the sexual abuse of several young women who were teenagers at the time of the 
abuse. There is a federal statute, 18 U.S.C. § 2255, that provides a civil cause of action for 
victims of the federal crimes that I investigated, which sets a minimum of $150,000 in 
damages. 
At the request of counsel for the putative defendant, the U.S. Attorney's Office 
entered into pre-indictment plea negotiations that resulted in the signing of a Non-
Prosecution Agreement ("Agreement"). The Agreement called for the putative defendant to 
plead guilty to state criminal offenses that would result in the defendant's designation as a 
sex offender. The Agreement also sought to place the victims in the same position where 
they would have been if the defendant had been convicted of the federal offenses. 
Accordingly, the Agreement required the defendant to agree to waive challenges to liability 
and damages related to claims brought pursuant to 18 U.S.C. § 2255. In light of the large 
'In addition to the general rules regarding confidentiality, this letter relates to a confidential 
Non-Prosecution Agreement, and, accordingly, I would ask that the information contained herein 
remain confidential. 
EFTA00190712

ETI IICS COUNSEL 
FLORIDA BAR 
SEPTEMBER 18, 2008 
PAGE 2 
number of young, vulnerable, and unsophisticated victims, the U.S. Attorney's Office also 
included agreement terms requiring the defendant to pay for the services of an independent 
attorney-representative, whose services would be offered (without obligation) to the victims 
free of charge. The U.S. Attorney's Office asked the former Chief United States District 
Judge to serve pro bono as a Special Master for the selection of the attorney-representative. 
The Special Master selected Robert Josefsberg and his firm, Podhurst Orseck, to serve as the 
attorney-representative. 
Under federal law, I have several obligations related to victims, including an 
obligation to confer with them and advise them of resolution of their matters. See, e.g., 18 
U.S.C. § 3771. Accordingly, 1 have prepared a letter informing the victims of how the matter 
was resolved, including the appointment of Mr. Josefsberg. The letter advises the victims 
that Mr. Josefsberg will be in contact with them shortly and invites the victims to contact Mr. 
Josefsberg directly if they so choose. A copy of the letter, with some identifying information 
redacted, is attached. This letter was reviewed by attorneys for the defendant before it was 
sent. 
During the pendency of the investigation, some of the victims retained civil attorneys 
to represent them in civil suits against the defendant. For those victims whom I knew to be 
represented, I sent a modified version of the letter to the attorney, rather than to the victim, 
and asked the attorney to convey the substance of the letter to the victim. In that letter, the 
discussion of contact with Mr. Josefsberg made clear that Mr. Josefsberg's contact would be 
with the attorney only, not directly with the victim. A copy of the letter for those victims 
already represented by counsel also is attached. 
I understand that you do not opine on past events, and some of these letters already 
have been distributed, but several victims have yet to be notified, and I need guidance on 
how to proceed. 
Unbeknownst to me, one victim had obtained counsel prior to receiving my letter. I 
have received a letter from that attorney asserting that my contact with the victims violates 
Florida Bar Rule 4-7.4. 1 have reviewed the rule and do not understand how it would apply 
to me because: (1) I am not soliciting employment from a prospective client; (2) I am not 
seeking pecuniary gain; (3) none of the victims has expressed a desire not to receive 
communications from me; (4) the letter does not involve coercion, duress, fraud, 
overreaching, harassment, intimidation, or undue influence; (5) the letter is not false, 
fraudulent, misleading, or deceptive; and (6) there is nothing about the mental or physical 
EFTA00190713

ETHICS COUNSEL 
FLORIDA BAR 
SEPTEMBER 18, 2008 
PAGE 3 
states of the victims that leads me to believe that they cannot review and understand the 
information that is included in the letter. 
Can you provide me with a written opinion on this issue so that I may revise the letters 
that have not yet been distributed if you deem it necessary? 
I understand that the same attorney has made contact with Mr. Josefsberg, also 
accusing him of violating the same rule. Since the benefit to these victims will be lost if Mr. 
Josefsberg cannot advise them in detail of their rights under the Agreement, I understand that 
his firm will be contacting your Office for similar guidance. 
Please let me know if you need any additional information, and thank you for your 
kind assistance with this matter. 
Sincerely, 
R. Alexander Acosta 
United States Attorney 
By: 
s/A. Marie Villafana 
A. Marie Villafaila 
Assistant United States Attorney 
cc: 
Dexter Lee, AUSA and Professional Responsibility Officer 
Karen Atkinson, AUSA 
EFTA00190714

U.S. Department of Justice 
United States Attorney 
Southern District of Florida 
500 South Australian Ave., Suite 400 
West Palm Beach, FL 33401 
($61) 820-8711 
Facsimile: (50)8204777 
[DATE] 
[Victim name and address] 
Re: 
IDefendantl/IVictim I: NOTIFICATION OF IDENTIFIED 
VICTIM 
Dear Ms. [Victim]: 
By virtue of this letter, the United States Attorney's Office for the Southern District 
of Florida provides you with the following notice because you are an identified victim of a 
federal offense. 
On June 30, 2008, [Defendant] entered a plea of guilty to violations of Florida Statutes 
Sections [insert case information] and was sentenced to a term of twelve months' 
imprisonment to be followed by an additional six months' imprisonment, followed by twelve 
months of Community Control 1, with conditions of community confinement imposed by the 
Court. 
In light of the entry of the guilty plea and sentence, the United States has agreed to 
defer federal prosecution in favor of this state plea and sentence, subject to certain 
conditions, including the following: 
1. 
An independent Special Master was assigned the task of selecting an 
attorney representative to represent the victims, including you, in 
connection with civil actions between the victims and [Defendant.] The 
Special Master selected Robert Josefsberg, Esq. of the firm Podhurst 
Orseck, P.A., a highly-respected and experienced attorney. You are not 
obligated to use Mr. Josefsberg as your civil attorney, but, as explained 
in greater detail below, Mr. Josefsberg's services wi II be provided at no 
cost to you because [Defendant] is obligated to pay the costs and fees 
of the attorney-representative. Also, [Defendant] and his attorneys can 
only contact you via Mr. Josefsberg, assuming that you would like Mr. 
Josefsberg to serve as your attorney. 
EFTA00190715

[VICTIM'S NAME] 
NOTIFICATION OF IDENTIFIED VICTIM 
[DATE] 
PAGE 2 or 3 
2. 
If you elect to file suit against [Defendant] pursuant to Title 18, United 
States Code, Section 2255, [Defendant] will not contest the jurisdiction 
of the United States District Court for the Southern District of Florida 
over his person and/or the subject matter, and [Defendant] waives his 
right to contest liability and also waives his right to contest damages up 
to an amount as agreed to between you and [Defendant], so long as you 
elect to proceed exclusively under 18 U.S.C. § 2255, and you waive 
any other claim for damages, whether pursuant to state, federal, or 
common law. Notwithstanding this waiver, [Defendant's] agreement 
with the United States, his waivers and failure to contest liability and 
such damages in any suit are not to be construed as an admission of any 
criminal or civil liability. 
3. 
As stated above, [Defendant] has agreed to pay the fees of the attorney 
representative selected by the independent third party. This provision, 
however, shall not obligate [Defendant] to pay the fees and costs of 
contested litigation filed against him. Thus, if after consideration of 
potential settlements, you and Mr. Josefsberg elect to file a contested 
lawsuit pursuant to 18 U.S.C. § 2255 or you elect to pursue any other 
contested remedy, the 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 Section 
2255, shall cease. 
Mr. Josefsberg will be contacting you within the next two weeks to explain these 
terms. If you would like to contact Mr. Josefsberg directly, he can be reached at 305 358-
2800. 
If you have already selected other counsel to represent you, or if you do so in the 
future, and you decide to file a claim against [Defendant], [Defendant's] attorney, [attorney 
name], asks that you have your attorney contact him at [firm name and address]. 
In addition, there has been litigation between the United States and two other victims 
regarding the disclosure of the entire agreement between the United States and [defendant]. 
Mr. Josefsberg can provide further guidance on this issue, or if you select another attorney 
to represent you, that attorney can review the Court's order in the matter of In re Jane Does 
I and 2, United States District Court for the Southern District of Florida Court File No. 08-
EFTA00190716

[VICTIM'S NAME] 
NO
 OF IDENTIFIED VICTIM 
[DATE] 
PAGE 3 OF 3 
80736-CIV-MARRA. 
Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of 
Investigation can take part in or otherwise assist in civil litigation. Thank you for all of your 
assistance during the course of the federal and state investigations and please accept the 
heartfelt regards of myself and Special Agents Kuyrkendall, Slater, and Richards for your 
health and well-being. 
Sincerely, 
R. Alexander Acosta 
United States Attorney 
By: 
A. Marie Villafafia 
Assistant United States Attorney 
cc: 
Robert Josefsberg, Esq. 
[Defendant's attorney] 
EFTA00190717