EFTA00213048

Exhibit 1 
EFTA00213048

U.S. Department of Justice 
United States Attorney 
Southern District of Florida 
500 East Broward Boulevard. 7th Floor 
Fort Lauderdale, FL 33394 
(954) 660-5946 
Facsimile. (954) 356-7230 
June 15, 2009 
DELIVERY BY ELECTRONIC MAIL 
Jay P. Lefkowitz, Esq. 
Kirkland & Ellis LLP 
Citigroup Center 
153 East 53rd Street 
New York, New York 10022-4675 
Roy Black, Esq. 
Black Srebnick Kornspan & Stumpf P.A. 
201 S. Biscayne Blvd, Suite 1300 
Miami, FL 33131 
Jack A. Goldberger, Esq. 
Atterbury, Goldberger & Weiss, P.A. 
One Clearlake Centre, Suite 1400 
250 Australian Ave S. 
West Palm Beach, FL 33401-5015 
Re' 
Jeffrey Epstein 
Dear Messrs. Lefkowitz, Goldberger, and Black: 
I write to confirm my conversation with Mr. Lefkowitz of June 12, 2009. As I 
mentioned during that conversation and during the hearing with Judge Marra, the U.S. 
Attorney's Office is not a party to any of the civil suits against Mr. Epstein pending in the 
U.S. District Court or any state court and takes no position regarding those lawsuits. The 
U.S. Attorney's Office is not advising or requiring that Mr. Epstein take any action regarding 
those lawsuits, rather, Mr. Epstein should proceed as he sees fit. The U.S. Attorney's Office 
will continue to exercise its independent judgment and proceed in accordance with its rights 
under the Non-Prosecution Agreement. My statements during our conversation and during 
the court proceeding contained no promises and did not alter or modify the Non-Prosecution 
EFTA00213049

JAY P. LEFKOWITZ, ESQ. 
ROY BLACK, ESQ. 
JACK GOLDBERGER, ESQ. 
JUNE 15,2009 
PAGE 2 OF 4 
Agreement. 
I would like to address what appears to be a continuing pattern in this matter. There 
have been several instances of breaches by Mr. Epstein of the letter and spirit of the Non-
Prosecution Agreement, including the implied duty of good faith and fair dealing. As soon 
as Notice is provided by the United States, we are told that Mr. Epstein "was relying on his 
lawyers" and had not intended to willfully breach the Agreement. Mr. Epstein, through those 
same lawyers, then undertakes a perfunctory "cure" and continues to enjoy the benefit of his 
bargain until he decides to breach yet again. 
Notifications of breach have been provided on several occasions in the past. From the 
start, and as mentioned in extensive correspondence in October and November 2007, Mr. 
Epstein did not use his "best efforts" to enter his guilty plea and be sentenced within the time 
frame set by the Agreement. After several appeals were made throughout the Department 
of Justice resulting in a nine-month delay, the U.S. Attorney's Office had to remind Mr. 
Epstein of his obligation to provide a copy of the plea agreement with the State Attorney's 
Office prior to his entering into that agreement. Despite numerous requests, the proposed 
state plea agreement and notice of the state change of plea were not provided until I sent our 
first Notice of Breach letter at 3:15 p.m. on the last business day before the plea. Thereafter, 
I received a copy of the proposed state agreement, which contained language that directly 
contradicted the Non-Prosecution Agreement. A second Notice of Breach had to be prepared 
and sent to bring the state plea agreement into compliance. 
After Mr. Epstein entered his guilty plea and was sentenced, another set of problems 
arose. First, Mr. Epstein's counsel obstructed our ability to abide by our obligations to notify 
the victims of the outcome of the federal investigation. Second, Mr. Epstein refused to fulfill 
promptly Mr. Epstein's obligation to secure the services of an attorney representative for the 
victims. Third, Messrs. Goldberger and Tein approved the dissemination of a victim 
notification letter that Messrs. Leflcowitz and Epstein contended contained incorrect 
information. Fourth, Mr. Epstein's counsel informed the Court that a motion to quash 
subpoenas was still pending, despite the Non-Prosecution Agreement's requirement that Mr. 
Epstein withdraw that motion. Extensive correspondence and telephone conferences were 
required to resolve each of these situations. For example, on July 17, 2008, the United States 
had to issue a third Notice of Breach, instructing Mr. Epstein's counsel: 
If, in fact, your position is that the federal criminal action is still pending, then 
EFTA00213050

JAY P. LEFKOWITZ, ESQ. 
ROY BLACK, ESQ. 
JACK GOLDBERGER, ESQ. 
JUNE 15, 2009 
PAGE 3 OF 4 
the Office proposes that we seek the prompt resolution of the Motion to Quash, 
so that the computer equipment can be analyzed and the investigation can 
continue, including the identification of additional victims. If, instead, Mr. 
Epstein intends to continue performing his obligations under the 
Non-Prosecution Agreement, then the investigation will remain closed, and no 
federal criminal action will be pending. 
Please advise whether you would like to proceed on the Motion to Quash or, 
if not, please correct the representations to the Court regarding the status of the 
federal investigation. 
In November, more issues arose when we learned—not from Mr. Epstein or his 
attorneys—that Mr. Epstein was spending more than twelve hours each day outside the Palm 
Beach County Stockade. Mr. Epstein's release prior to the Office's notification of that 
release, resulted in accusations from victims that the Office had violated its statutory victim 
notification obligations. Our investigation of Mr. Epstein's application for the work release 
program demonstrated that Mr. Epstein made several false statements in his application and 
made threatening statements to the Palm Beach Sheriff's Office about legal repercussions 
if he was not admitted to the program. I also discovered—again, not from Mr. Epstein or his 
attorneys—that Judge McSorley had modified Mr. Epstein's judgment motc pro tune to an 
"Order of Community Control I," which directly contradicted the terms of the Non-
Prosecution Agreement. This required a fourth Notice of Breach and another claim that there 
was no "intended breach" followed by a meaningless "cure." 
During my conversation with Mr. Lefkowitz of June 12th regarding our fifth written 
Notice of Breach, and during the proceeding before Judge Marra, I heard again that Mr. 
Epstein had no intent to breach the Non-Prosecution Agreement but was merely relying on 
his attorneys. In light of the fact that Mr. Epstein is highly intelligent and experienced with 
the law, and is reportedly spending more than twelve hours a day at his attorney's office 
working on nothing but the litigation pending against him, this excuse will not be accepted. 
This letter is being provided to all three of you with the recommendation that you circulate 
it to any attorney who is acting on Mr. Epstein's behalf. 
Importantly, while Mr. Epstein has continued to receive the benefit of his bargain by 
not facing federal prosecution, our Office has not received the benefits of finality, savings 
of resources, or the punishment and victim restitution terms envisioned by the Non-
EFTA00213051

JAY P. LEFKOWD7, ESQ. 
ROY BLACK, ESQ. 
JACK GOLDBERGER, ESQ. 
JUNE IS, 2009 
PAGE 4 OF 4 
Prosecution Agreement. 
As I mentioned in our telephone call, I have asked Mr. Josefsberg to provide me with 
the correspondence that he referenced during the hearing before Judge Marra. That will be 
reviewed to determine if there has been yet another breach by Mr. Epstein. As I stated, and 
as mentioned in the Notice Letter served upon Mr. Goldberger, notice of any breaches that 
we discover will be provided as required by the Non-Prosecution Agreement. Our Office 
also will review the new pleading in the Jane Doe 101 matter that Mr. Lefkowitz mentioned, 
prior to deciding what, if any, remedies we will pursue for /vit. Epstein's breach. However, 
I note that, while the U.S. Attorney's Office is required to provide notice of any breach, there 
is no requirement that Mr. Epstein be allowed the opportunity to cure any breach. The 
pattern of behavior described above will be factored into the Office's decision on what 
remedies it will pursue in connection with this most recent breach and any future violations. 
Sincerely, 
Jeffrey H. Sloman 
Acting United States Attorney 
By: 
cc: 
Assistant United tares Attorney 
EFTA00213052

Exhibit 2 
EFTA00213053

IN RE: 
INVESTIGATION OF 
JEFFREY EPSTEIN 
NON-PROSECUTION AGREEMENT 
IT APPEARING that the City of Palm Beach Police Department and the State 
Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, 
the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey 
Epstein (hereinafter "Epstein"); 
IT APPEARING that the State Attorney's Office has charged Epstein by indictment 
with solicitation of prostitution, in violation of Florida Statutes Section 796.07; 
IT APPEARING that the United States Attorney's Office and the Federal Bureau of 
Investigation have conducted their own investigation into Epstein's background and any 
offenses that may have been committed by Epstein against the United States from in or 
around 2001 through in or around September 2007, including: 
(1) 
knowingly and willfully conspiring with others known and unknown to 
commit an offense against the United States, that is, to use a facility or means 
of interstate or foreign commerce to knowingly persuade, induce, or entice 
minor females to engage in prostitution, in violation of Title 18, United States 
Code, Section 2422(b); all in violation of Title 18, United States Code, Section 
371; 
(2) 
knowingly and willfully conspiring with others known and unknown to travel 
in interstate commerce for the purpose of engaging in illicit sexual conduct, as 
defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, 
United States Code, Section 2423(b); all in violation of Title 18, United States 
Code, Section 2423(e); 
(3) 
using a facility or means of interstate or foreign commerce to knowingly 
persuade, induce, or entice minor females to engage in prostitution; in 
violation of Title 18, United States Code, Sections 2422(b) and 2; 
(4) 
traveling in interstate commerce for the purpose of engaging in illicit sexual 
conduct, as defined in 18 U.S.C. § 2423(O, with minor females; in violation 
Page 1 of 7 
EFTA00213054

of Title 18, United States Code, Section 2423(b); and 
(5) 
knowingly, in and affecting interstate and foreign commerce, recruiting, 
enticing, and obtaining by any means a person, knowing that the person had 
not attained the age of 18 years and would be caused to engage in a 
commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 
18, United States Code, Sections 1591(a)(1) and 2; and 
IT APPEARING that Epstein seeks to resolve globally his state and federal criminal 
liability and Epstein understands and acknowledges that, in exchange for the benefits 
provided by this agreement, he agrees to comply with its terms, including undertaking certain 
actions with the State Attorney's Office; 
IT APPEARING, after an investigation of the offenses and Epstein's background by 
both State and Federal law enforcement agencies, and after due consultation with the State 
Attorneys Office, that the interests of the United States, the State of Florida, and the 
Defendant will be served by the following procedure; 
THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for 
the Southern District of Florida, prosecution in this District for these offenses shall be 
deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the 
following conditions and the requirements of this Agreement set forth below. 
If the United States Attorney should determine, based on reliable evidence, that, 
during the period of the Agreement, Epstein willfully violated any of the conditions of this 
Agreement, then the United States Attorney may, within ninety (90) days following the 
expiration of the term of home confinement discussed below, provide Epstein with timely 
notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its 
prosecution on any offense within sixty (60) days' of giving notice of the violation. Any 
notice provided to Epstein pursuant to this paragraph °hall be provided within 60 days of the 
United States learning of facts which may provide a basis for a determination of a breach of 
the Agreement. 
After timely fulfilling all the terms and conditions of the Agreement, no prosecution 
for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have 
been the subject of the joint investigation by the Federal Bureau of Investigation and the 
United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury 
investigation will be instituted in this District, and the charges against Epstein if any, will be 
dismissed. 
Page 2 of 7 
EFTA00213055

Terms of the Agreement 
I. 
Epstein shall plead guilty (not nob contendere) to the Indictment as 
currently pending against him in the 15th Judicial Circuit in and for 
Palm Beach County (Case No. 2006-cf-009495AXX3IMB) charging 
one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 
796.07. In addition, Epstein shall plead guilty to an Information filed 
by the State Attorney's Office charging Epstein with an offense that 
requires hint to register as a sex offender, that is, the solicitation of 
minors to engage inprostitution, in violation of Florida Statutes Section 
796.03; 
2. 
Epstein shall make a binding recommendation that the Court impose a 
thirty (30) month sentence to be divided as follows: 
(a) 
Epstein shall be sentenced to consecutive terms of twelve (12) 
months and six (6) months in county jail for all charges, without 
any opportunity for withholding adjudication or sentencing, and 
without probation or community control in lieu of 
imprisonment, and 
(b) 
Epstein shall be sentenced to a term of twelve (12) months of 
community control consecutive to his two terms in county jail 
as described in Term 2(a), supra. 
3. 
This agreement is contingent upon a Judge of the 15th Judicial Circuit 
accepting and executing the sentence agreed upon between the State 
Attorney's Office and Epstein, the details of which are set forth in this 
agreement. 
4. 
The terms contained in paragraphs 1 and 2, supra, do not foreclose 
Epstein and the State Attorney's Office from agreeing to recommend 
any additional charge(s) or any additional term(s) of probation and/or 
incarceration. 
5. 
Epstein shall waive all challenges to the Information filed by the State 
Attorney's Office and shall waive the right to appeal his conviction and 
sentence, except a sentence that exceeds what is set forth in paragraph 
(2), supra. 
6. 
Epstein shall provide to the U.S. Attorney's Office copies of all 
Page 3 of 7 
EFTA00213056

proposed agreements with the State Attorney's Office prior to entering 
into those agreements. 
7. 
The United States shall provide Epstein's attorneys with a list of 
individuals whom it has identified as victims, as defined in 18 U.S.C. 
§ 2255, after Epstein has signed this agreement and been sentenced. 
Upon the execution of this agreement, the United States, in consultation 
with and subject to the good faith approval of Epstein's counsel, shall 
select an attorney representative for these persons, who shall be paid for 
by Epstein. Epstein's counsel may contact the identified individuals 
through that representative. 
8. 
If any of the individuals referred to in paragraph (7), supra, elects to 
file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the 
jurisdiction of the United States District Court for the Southern District 
of Florida over his person andtor the subject matter, and Epstein waives 
his right to contest liability and also waives his right to contest damages 
up to an amount as agreed to between the identified individual and 
Epstein, so long as the identified individual elects to proceed 
exclusively under 18 U.S.C. § 2255, and agrees to waive any other 
claim for damages, whether pursuant to state, federal, or common law. 
Notwithstanding this waiver, as to those individuals whose names 
appear on the list provided by the United States, Epstein's signature on 
this agreement, his waivers and failures to contest liability and such 
damages in any suit are not to be construed as an admission of any 
criminal or civil liability. 
9. 
Epstein's signature on this agreement also is not to be construed as an 
admission of civil or criminal liability or a waiver of any jurisdictional 
or other defense as to any person whose name does not appear on the 
list provided by the United States. 
10. 
Except as to those individuals who elect to proceed exclusively under 
18 U.S.C. § 2255, as set forth in paragraph (8), supra, neither Epstein's 
signature on this agreement, nor its terms, nor any resulting waivers or 
settlements by Epstein are to be construed as admissions or evidence of 
civil or criminal liability or a waiver of any jurisdictional or other 
defense as to any person, whether or not her name appears on the list 
provided by the United States. 
11. 
Epstein shall use his best efforts to enter his guilty plea and be 
Page 4 of 7 
EFTA00213057

sentenced not later than October 26, 2007. The United States has no 
objection to Epstein self-reporting to begin serving his sentence not 
later than January 4, 2008. 
12. 
Epstein agrees that he will not be afforded any benefits with respect to 
gain time, other than the rights, opportunities, and benefits as any other 
inmate, including but not limited to, eligibility for gain time credit 
based on standard rules and regulations that apply in the State of 
Florida. At the United States' request, Epstein agrees to provide an 
accounting of the gain time he earned during his period of 
incarceration. 
13. 
The parties anticipate that this agreement will not be made part of any 
public record. If the United States receives a Freedom of Information 
Act request or any compulsory process commanding the disclosure of 
the agreement, it will provide notice to Epstein before making that 
disclosure. 
Epstein understands that the United States Attorney has no authority to require the 
State Attorney's Office to abide by any terms of this agreement. Epstein understands that 
it is his obligation to undertake discussions with the State Attorney's Office and to use his 
best efforts to ensure compliance with these procedures, which compliance will be necessary 
to satisfy the United States' interest. Epstein also understands that it is his obligation to use 
his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding 
recommendation regarding the sentence to be imposed, and understands that the failure to 
do so will be a breach of the agreement. 
In consideration of Epstein's agreement to plead guilty and to provide compensation 
in the manner described above, if Epstein successfully fulfills all of the terms and conditions 
of this agreement, the United States also agrees that it will not institute any criminal ch 
a 
• tan 
tg
ors of E e' including but not limited 
or 
Further, upon execution of this 
agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury 
investigation will be suspended, and all pending federal Grand Jury subpoenas will be held 
in abeyance unless and until the defendant violates any term of this agreement. The 
defendant likewise agrees to withdraw his pending motion to intervene and to quash certain. 
grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence 
requested by or directly related to the grand jury subpoenas that have been issued, and 
including certain computer equipment, inviolate until all of the terms of this agreement have 
been satisfied. Upon the successful completion of the terms of this agreement, all 
outstanding grand jury subpoenas shall be deemed withdrawn. 
Page 5 of 7 
EFTA00213058

By signing this agreement, Epstein asserts and certifies that each of these terms is 
material to this agreement and is supported by independent consideration and that a breach 
of any one of these conditions allows the United States to elect to terminate the agreement 
and to investigate and prosecute Epstein and any other individual or entity for any and all 
federal offenses. 
By signing this agreement, Epstein asserts and certifies that he is aware of the fact that 
the Sixth Amendment to the Constitution of the United States provides that in all criminal 
prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further 
is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court 
may dismiss an indictment, information, or complaint for unnecessary delay in presenting 
a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein 
herebyrequests that the United States Attorney for the Southern District ofFlorida defer such 
prosecution. Epstein agrees and consents that any delay from the date of this Agreement to 
the date of initiation of prosecution, as provided for in the terms expressed herein, shall be 
deemed to be a necessary delay at his own request, and he hereby waives any defense to such 
prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of 
the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the 
United States to a speedy trial or to bar the prosecution by reason of the running of the statute 
of limitations for a period of months equal to the period between the signing of this 
agreement and the breach of this agreement as to those offenses that were the subject of the 
grand jury's investigation. Epstein further asserts and certifies that he understands that the 
Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all 
felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees 
and consents that, if a prosecution against him is instituted for any offense that was the 
subject ofthe grand jury's investigation, it may be by way of an Information signed and filed 
by the United States Attorney, and hereby waives his right to be indicted by a grand jury as 
to any such offense. 
/I/ 
/// 
/// 
Page 6 of 7 
EFTA00213059

By signing this agreement, Epstein asserts and certifies that the above has been read 
and explained to him. Epstein hereby states that he understands the conditions of this Non-
Prosecution Agreement and agrees to comply with them. 
R. ALEXANDER ACOSTA 
UNITED STATES ATTORNEY 
Dated: 
 
By: 
Dated:  va,_ 
Dated: 
Dated: 
ASSIST 
RNEY 
GERALD LEFCOURT, ESQ. 
COUNSEL TO JEFFREY EPSTEIN 
LILLY ANN SANCHEZ, ESQ. 
ATTORNEY FOR JEFFREY EPSTEIN 
Page 7 of 7 
EFTA00213060

By signing this agreement Epstein asserts and certifies that the above has been read 
and explained to him. Epstein hereby states that he understands the conditions of this Non-
Prosecution Agreement and agrees to comply with them. 
R. ALEXANDER ACOSTA 
UNITED STATES ATTORNEY 
Dated: 
 
By: 
Dated: 
Dated:  
/Lg. 07 
Dated: 
ASSISTANT U.S. ATTORNEY 
LILLY ANN SANCHEZ, ESQ. 
ATTORNEY FOR JEFFREY EPSTEIN 
Page 7 of 7 
EFTA00213061

By signing this agreement, Epstein asserts and certifies that the above has been read 
and explained to him. Epstein hereby states that he understands the conditions of this Non-
Prosecution Agreement and agrees to comply with than. 
R. ALEXANDER ACOSTA 
UNITED STATES ATTORNEY 
Date& 
Dated: 
Dated: 
Dated:q—A
BY: 
ASSISTANT U.S. ATTORNEY 
JEFFREY EPSTEIN 
GERALD LEFCOURT, ESQ. 
COUNSEL TO JEFFREY EPSTEIN 
Z, ESQ. 
ATTORNEY FOR JEFFREY EPSTEIN 
Page 7 of 7 
EFTA00213062

Exhibit 3 
EFTA00213063

KIRKLAND & ELLIS LLP 
AND AITILIATLD PAPINININDS 
Jay P. LottkovAtz. P.C. 
To 
y: 
AXIM 
VIA E-MAIL 
CItcroup Center 
153 East 63rd Street 
New York. New York 10022-4811 
www.kkidand.com 
November 29, 2007 
R. Alexander Acosta 
United States Attorney's Office 
Southern District of Florida 
500 South Australian Avenue, Suite 400 
West Palm Beach, Florida 33401 
Re: Jeffley Epstein 
Dear Alex: 
Facsimito: 
I am responding to the draft letter Marie sent to me last night, which purports to be a 
letter that you would sign and send to each of the individuals whom you have not even identified 
to us, and'about whom the government has made clear it "takes no position" as to the validity of 
potential claims that these individuals may have against Mr. Epstein. I cannot reconcile your 
commitment to "take no position" regarding these potential claims with your intention to sign 
such a letter, which will surely find its way almost immediately into the press, refers to these 
individuals as "minor victims," refers to Mr. Epstein as a "sexual predator," misstates the terms 
of our federal non-prosecution agreement (the "Agreement"), and invites federal witnesses to 
attend Mr. Epstein's state sentencing in order to give victim impact statements, although they are 
in most respects not state victims at all. 
More fundamentally, we don't understand the basis for your Office's belief that it is 
appropriate for any letter to be sent to these individuals at this stage — before Mr. Epstein has 
either entered a plea or been sentenced. We respectfully disagree with your view that you are 
required to notify the alleged victims pursuant to the Justice for All Act of 2004. First, 18 U.S.C. 
§ 2255, the relevant statute under the Agreement for the settlement of civil remedies, does not 
have any connection to the Justice for All Act The Justice for All Act refers to restitution, and 
§ 2255 is a civil remedy, not a restitution statute. 
We also believe that the draft letter could not diverge more dramatically from your 
statement last week that your Office would not intervene in the state process from this point 
forward, and that you would merely monitor it Indeed, the letter as currently drafted invites 
federal witnesses to become participants in a state proceeding, thus federalizing the state plea 
and sentencing in the same manner as would the appearance and statements of a member of your 
Office or the FBI. 
Chicago 
Hong Kong 
London 
Los Angeles 
Munich 
San Francisco 
Washington, D.C. 
EFTA00213064

KIRKLAND & ELLIS LLP 
R. Alexander Acosta 
November 29, 2007 
Page 2 
With that said, I respectfully identify below the specific objections we have with the 
proposed letter. 
First, it states that "Mr. Epstein has agreed that he will not contest jurisdiction or liability 
if [the alleged victims] elect to seek damages from him ..." This language implies that Mr. 
Epstein has agreed to concede jurisdiction and has waived liability whether or not each 
individual identified by the government as a "victim" of federal crimes ultimately settles her 
claim pursuant to the Agreement. The letter as drafted invites the witnesses to whom it is sent to 
believe that they can litigate their claims without Mr. Epstein being able to contest jurisdiction or 
liability — a construction of the Agreement that is in direct conflict with its terms. The 
Agreement we entered makes clear that Mr. Epstein's waiver of jurisdiction and liability is 
limited to those instances where the identified individual settles with him pursuant to Sections 7 
through 8 of the Agreement and Addendum. As you are well aware, Mr. Epstein has no 
obligation or intention to concede jurisdiction or liability in any claim for damages — by an 
enumerated "victim" or anyone else — where that party fails to settle her claims pursuant to the 
terms of the Agreement. 
Second, there is no basis to refer to Mr. Epstein as a "sexual predator." Pursuant to the 
terms of the Agreement, Mr. Epstein will be required to register as a "sexual offender," not a 
"sexual predator." Those are very different categories under Florida law. Mr. Epstein has 
agreed to enter a plea of guilty to two counts of violation of Florida Statutes §§ 796.03 and 
796.07. Under Florida law, those charges do not classify him as a sexual predator. See Florida 
Statute § 775.21(4)(a). Rather, he is only a sexual offender as defined by Florida Statute 
§ 943.0435(1)00. To identify Mr. Epstein as a sexual predator, in this letter or elsewhere, is 
inaccurate and would irreparably harm him. 
Third, we find no basis in law that provides the identified individuals with either a right 
to appear at Mr. Epstein's plea and sentence, or to submit a written statement to be filed by the 
State Attorney. According to Florida Statutes §§ 960.001(k) and 921.143(1), the sentencing 
court permits only "the victim of the crime for which the defendant is being sentenced ... to 
[a]ppear before the sentencing court for the purpose of making a statement under oath for the 
record; and [s]ubmit a written statement under oath to the office of the state attorney, which 
statement shall be filed with the sentencing court" Florida Smut,  § 960.001(k) citing 
§ 921.143(1) (emphasis added). Here, Mr. Epstein is pleading guilty to, and being sentenced for, 
state offenses, not the federal offenses under which the government has recognized these 
identified individuals as "victims." The state charges for which Mr. Epstein will be sentenced 
are not coextensive with the federal investigation. Under Florida law, only those persons 
identified as victims of the state offenses may make a statement at the hearing or submit a 
written statement 
EFTA00213065

KIRKLAND & ELLIS LLP 
R. Alexander Acosta 
November 29, 2007 
Page 3 
With respect, encouraging these individuals to participate in the state sentencing will 
have the effect of creating a media frenzy that will surely impact the sentence Mr. Epstein 
receives — precisely what your Office promised to avoid. Such an intrusion into state affairs, 
when the identified individuals are not even victims of the crime for which Mr. Epstein is being 
sentenced is highly inappropriate. The federal investigation of Mr. Epstein has been concluded, 
and witnesses or civil claimants identified as purported victims of federal offenses have no place 
in the state proceeding. We also think it will likely promote spurious civil litigation against Mr. 
Epstein, a result that would be highly irresponsible to encourage. 
Fourth, we take serious issue with the assertion in the letter that the government has 
identified each recipient of the letter as a "minor victim." The term "minor victim" is notably 
absent from the Agreement. Section 7 of the Agreement states only that the government will 
provide a list of individuals "whom it has identified as victims, as defined in 18 U.S.C. § 2255." 
Indeed, you have told us that at least one identified individual is currently 24 years old, and thus 
would appear not to have been a minor at the time of the alleged conduct (and therefore is 
presumably not eligible to settle her claims under the Agreement). To confer on these women 
the imprimatur of a government "finding" is both incendiary and unwarranted. 
Fifth, your letter mischaracterizes the nature of Mr. Epstein's liability under the 18 
U.S.C. § 2255 provisions of the Agreement. Your letter states that every individual who receives 
the letter is a victim of "certain offenses, including travel in interstate commerce to engage in 
prostitution with minors and the use of facilities of interstate commerce to induce minors to 
engage in prostitution." This construction implies that these individuals are all victims of both 
offenses (travel in interstate commerce to engage in prostitution with minors and the use of 
facilities of interstate commerce to induce minors to engage in prostitution.) Clearly that is not 
the case. Consequently, the language should be revised to reflect that the identified individuals 
may be victims of certain offenses, but not necessarily both offenses. Additionally, for the sake 
of fairness and candor, we believe the same language contained in your letter to Judge Davis, 
stating that "[t]he United States takes no position as to the validity of any such claim under this 
statute," should be included in any proposed letter. 
Sixth, your letter states that Mr. Podhurst and Mr. Josefsberg may "represent" the 
identified individuals. Since we have not yet had the opportunity to speak with Mr. Podhurst or 
Mr. Josefsberg (though we hope to do so this week), we do not know that they will even agree to 
serve in this capacity. Since I believe the role you are casting for these attorneys creates a 
significant ethical problem, specifically the conflict between counseling the clients to settle for 
the statutory amount and rewarding the attorneys for litigating rather than settling their claims, I 
would not assume that they, or any ethical attorney, would agree to accept this assignment as you 
define it. Whether that will mean that other attorneys will have to be sought, or you will realize 
that the role is untenable as described, either result will require modification of the letter. 
EFTA00213066

KIRKLAND & ELLIS LLP 
R. Alexander Acosta 
November 29, 2007 
Page 4 
Seventh, the identified individuals should not contact lawyers in your Office or agents of 
the FBI. To encourage these individuals to contact federal law enforcement officials is entirely 
inconsistent with your promise that there will be no further federal involvement in this case. 
Moreover, such contact can only invite the possibility for impermissible or partial 
communications. Recently, you asked the defense not to contact potential witnesses in this 
matter in part because the Agreement contemplated the selection of an attorney representative. 
For the same reason there should be no continuing invitation for the witnesses to remain in 
contact with either your Office or the FBI. Any questions these individuals may have regarding 
their rights under the Agreement should be answered by Judge Davis or the attorney 
representative. 
Eighth, this letter should be mailed rather than delivered by hand. We see no reason for 
hand delivery, and mailing will ensure that there are no impermissible or partial communications 
made to the identified individuals upon delivery of the letter. If your Office insists on hand 
delivery of any such letter, however, it should only be made by a third party service, not by law 
enforcement agents. 
Finally, as you know, Judge Starr has requested a meeting with Assistant Attorney 
General Fisher to address what we believe is the unprecedented nature of the § 2255 component 
of the Agreement. We are hopeful that this meeting will take place as early as next week. 
Accordingly, we respectfully request that we postpone our discussion of sending a letter to the 
alleged victims until after that meeting. We strongly believe that rushing to send any letter out 
this week is not the wisest manner in which to proceed. Given that Mr. Epstein will not even 
enter his plea for another few weeks, time is clearly not of the essence regarding any notification 
to the identified individuals. 
Sincerely, 
ilyjti
a 
. Lefko 'tz 
EFTA00213067