EFTA00225672

KIRKLAND & ELLIS LLP 
• 
March 28, 2008 
Page 3 
prosecutors.2 Notwithstanding that, we think it important that you be made aware of the types of 
actions that have caused us serious concern, and have influenced the process and distorted the 
facts: 
• 
Federal involvement in a state criminal prosecution without any communication with 
state authorities; 
• 
• 
• 
The issuance of subpoenas and letters requesting documents whose subject matter had 
no connection to the conduct at issue including medical records and tax returns (for 
example, subpoenas were issued to an agent of Mr. Epstein's counsel without 
following guidelines provided in the United States Attorneys' Manual which ask for: 
"All documents and information related to the nature of the relationship between [the 
agent] and Mr. Jeffrey Epstein, including all third party contacts had on behalf of Mr. 
Epstein all agreements not limited to, retainer agreements; employment agreements; 
billing statements ... telephone logs ... appointment calendars/datebooks ..."); 
• 
The use of threats of expanding the investigation to include money transmitting and 
money laundering, though none of the mandatory prerequisites could be described 
(for example, the federal prosecutors referred to the following litany of federal 
statutes in a letter to a potential grand jury witness as the universe of relevant federal 
violations: "including but not limited to, possible violations of Title 18, United States 
Code, Sections 2, 371, 1512, 1591, 1952, 1956, 1960, 2421, 2422, and 2423.") nor 
was any specific unlawful activity, which is the predicate act for a money laundering 
charge, ever identified; 
• 
The nomination of an individual closely associated with one of the Assistant United 
States Attorneys involved in this case for the highly lucrative position of independent 
attorney demanded for the alleged victims; 
• 
The insistence on a victims notification letter, which invited all alleged victims to 
make sworn statements at Mr. Epstein's state sentence even though there was no basis 
for inviting alleged victims of federal crimes to make statements in a state 
proceeding; 
2 
The relevant documents for each of these propositions are available for your review upon request. 
EFTA00225912

KIRKLAND & ELLIS LLP 
• 
March 28, 2008 
Page 2 
exception, the new evidence strongly supports the conclusion that this is not a case of federal 
concern. 
• 
• 
This recent testimony can be found in its entirety. See Exhibits 2-7. This evidence 
clearly calls into serious doubt the notion that the alleged conduct constitutes a federal crime. 
For example, one of the alleged victims adamantly states that she "never had sex with [Mr. 
Epstein]" and that she did not know him and had absolutely no contact with him—be it through 
Internet chatrooms, email, or phone—prior to her coming to his home. Gonzalez Tr. (deposition) 
at 24, 30, Exhibit 3. The same woman stated that she was not persuaded, induced, enticed or 
coerced by anyone to engage in any sexual activity. Id. at 31. This woman, who was described 
as the "lynchpin" of the federal prosecution particularly due to her age at the time of the alleged 
conduct, expressly admits to lying to Mr. Epstein about her age. Id. at 37. Another alleged 
victim made similarly exculpatory statements to the FBI. She stated that not only did she always 
make sure she had a fake ID with her and lie to Mr. Epstein by telling him she was 18 but that 
she also had conversations w
conversatio 
other women in which these women hoped that "Jeffrey didn't 
find out [their] age[s]." 
Tr. at 45, Exhibit 2. When this alleged "victim" was asked if Mr. 
Epstein ever "pulled [her c oser to him in a sexual way," she responded, "I wish. No, no, never, 
ever, ever, no, never. Jeffrey is an awesome man, no." Id. at 21. Yet another alleged victim 
stated that Mr. Epstein "never touched [her] phi" 
and that all she did was "massage[ ] his 
back, his chest and his thighs and that was it." 
Tr. at 12-13, Exhibit 4. Finally, another 
alleged victim stated in no unclear terms that there was never any discussion over the phone 
about her coming over to Mr. Epstein's home to en a e in sexual activity: "The only thing that 
ever occurred on any of these phone calls [with
or another assistant , 
'Are you 
willing to come over,' or, `Would you like to come over 
give a massage."
an 
Tr. at 15, 
Exhibit 5A. And as each of these women confirmed, this woman stated: "[Mr. Epstein] never 
tried to force me to do anything." Id. at 12. 
We believe that these transcripts are of critical importance because they clearly indicate 
that not only did no intercourse take place with these women, but that any sexual activity that 
took place was unplanned and consensual. Furthermore, these women corroborate the fact that 
there was no pattern of luring or enticing these women to do more than give a massage, and that 
any activity that went beyond the massage was by no means forced upon them. We would urge 
you to review these particular sworn statements in their entirety both because this is new 
evidence that post-dates the Deferred Prosecution Agreement and because it discloses critical 
information about the true facts and circumstances of this case. 
Importantly, at your request, we have limited the scope of the submission. Thus, this 
submission does not focus extensively on our concerns relating to the principles of federalism, 
abuse of power, prosecutorial misconduct, or many of the improper tactics used by federal 
EFTA00225913

KIRKLAND & ELLIS LEI' 
AND AFFILIATED PARTNERSHIPS 
777 South Figures Street 
Kenneth W. Stan 
Los Angeles. California 90017 
To 
. 
www.kirkland.com 
March 28, 2008 
BY HAND DELIVERY 
Honorable Sigal P. Mandelker 
Deputy Assistant Attorney General 
Andrew G. Oosterbaan 
Chief, Child Exploitation and Obscenity Section 
Criminal Division 
United States Department of Justice 
1400 New York Avenue, 6th Floor 
Washington, DC 20530 
Dear Ms. Mandelker and Mr. Oosterbaan: 
Facsimile: 
(213) 680-8500 
Enclosed, please find our submission as discussed at the meeting. This submission 
includes a brief executive summary; an analysis of the relevant federal statutes and their 
application to the facts in this matter; a discussion of the Petite Policy, and an appendix, which 
includes significant documentary evidence including testimony by witnesses that was obtained 
after the Deferred Prosecution Agreement was signed. For the reasons we discuss in the 
submission, we do not believe this is an appropriate case for federal prosecution. 
I want to call your attention to the recent statements made under oath by some of the 
alleged victims. As we have previously explained, the United States Attorney's Office has 
refused to disclose the identities of the alleged victims, and First Assistant United States 
Attorney Jeffrey Sloman has made the unusual demand that Mr. Epstein's defense team make no 
effort to discover their identities or contact any of them. See November 5, 2007 Letter from J. 
Sloman, Exhibit 1. However, due to a procedure available under state law, and following the 
wave of recent lawsuits that have been filed against Mr. Epstein (ironically by Mr. Sloman's 
former law partner), we have been able to engage in discovery and take sworn statements from 
several of the alleged victims. These statements, which would never have been obtained under 
the First Assistant's directive, are extremely important for two reasons. First, because this new 
testimony post-dates the state investigation, all discussions regarding plea negotiations, the 
execution of the federal Deferred Prosecution Agreement, and the drafting of any prosecution 
memos, no federal or state prosecutor has ever reviewed this material.' Second, and without 
ed
I 
However, in connection with Ms. 
statement, which was taken by the FBI, she may have been 
debriefed by either the FBI or a f era . prosecutor. 
EXHIBIT B-28 
Chicago 
Hong Kong 
London 
Munich 
New York 
San Francisco 
Washington, D.C. 
EFTA00225914

(USAF LS) 
From: 
(USAFLS) 
Sent: 
P!!,, arch IR 9:30 AM 
To: 
Garcia, Rolando (USAFLS); Atkinson, Karen (USAFLS) 
Subject: 
FW: Penalty sheets, bond recommendations, and all other forms for the indictment of J.E. et 
al. 
Importance: 
High 
Rolando — Didn't you send the entire packet to Bob? Everything ssas in the packet? 
A. 
Assistant U.S. Attorne) 
500 S. Australian A% c. Suite 400 
West Palm Beach. Fl. 33401 
l'hone 
Fax 561 820-8777 
From: Devlin, Frederica (USAFLS) 
Sent: Thursda 
March 13, 2008 8:05 PM 
To: 
(USAFLS) 
Subject: Penalty sheets, bond recommendations, and all other forms for the indictment of l.E. et al. 
Bob wants me to put the entire indictment together along with all the forms that goes with the indictment. I've printed 
the indictment and pros memos. I do not have any information for the concurrence sheet but I can get that later. 
Thanks. 
Tracking: 
1355 
08-80736-CV-MARRA 
P-014716 
EFTA00225915

Villafana, Ann Marie C. (USAFLS) 
From: 
Sent: 
To: 
Cc: 
Subject: 
Ball, Shawn (USAFLS) 
Friday. March 14. 2008 9.59 AM 
Devlin Fr deric 
SAFLS) 
(USAFLS) 
peration eap ear nd Package 
07 103 
ArrestWarranKelArrestWarranMa ArrestWarranRoArrestWarrantEpBond Rec Form Bol 
Form 
conc-.wpd
len.pdf 
rcinkova.pdf 
ss.pdf 
stein.pdf 
Epstein.wpd 
.wpd 
linl 
I:I 
ICI 
El 
ICI 
Bond Rec Form 
CertificateOfTria Epstein penalty ndictment cover
penalty 
penalty 
Ross.wpd 
IAttorney.wpd... sheet dated Fe...06 version.wp...;heet date Feb ..heet page 2 da.. 
ICI 
El 
Ross penalty 
Ross penalty 
na ty s eet atecna ty s 
t pagereet dated Feb beet page 2 date. 
1353 
08-80736-CV-MARRA 
P-014715 
EFTA00225916

. (USAFLS) 
From: 
Ball, Shawn (USAFLS) 
Sent: 
Friday, March 14, 2008 10.00 AM 
To: 
On Fr 
ri 
FLS) 
Cc: 
(USAFLS) 
Subject:
Operation eap ear hid Package 
Indictment Blue 
Sheet--.wpd 
One more, thanks. 
From: Ball, Shawn (USAFLS) 
Sent: Friday, March 14, 2008 9:59 AM 
To: Devlin Frederica USAFLS) 
Cc: 
(USAFLS) 
Subject: Operation Leap Year Ind Package 
« File: 07 103 conc-.wpd » « File: ArrestWarranKellen.pdf » « File: ArrestWarranMarcinkova.pdf » « File: 
ArrestWarranRoss. df » « File: ArrestWarrantEpstein.pdf » « File: Bond Rec Form E stein.w d» « File: Bond 
Rec Form 
» « File: Bond Rec Form Ross.wpd » « File: Bond Rec Form 
» « File: 
CertificateOfTrialAttorne w d» « File: Epstein penalty sheet dated Feb 19 08.wpd » « File: indictment cover 06 
version.wpd » « File: 
penalty sheet date Feb 19 08.wpd » « File: 
net sheet page 2 dated Feb 19 
08.wpd » « File: 
penalty sheet dated Feb 19 08.wpd » « File: 
penalty sheet page 2 dated 
Feb 19 08.wpd » « File: Ross penalty sheet dated Feb 19 08.wpd » « File: Ross penalty sheet page 2 dated Feb 19 
08 .wpd » 
1351 
08-80736-CV-MARRA 
P-014714 
EFTA00225917

From: Devlin, Frederica (USAFLS) 
Sent: Thursday, March 13, 2008 8:05 PM 
To: Villafana, Ann Marie C. (USAFLS) 
Subject: Penalty sheets, bond recommendations, and all other forms for the 
indictment of J.E. et al. 
Bob wants me to put the entire indictment together along with all the forms that 
goes with the indictment. I've printed the indictment and pros memos. I do not 
have any information for the concurrence sheet but I can get that later. 
Thanks. 
Tracking: 
1349 
08-80736-CV-MARRA 
P-014713 
EFTA00225918

. (USAFLS) 
From: 
(USAFLS) 
Sent: 
ri ay, arc 
10:18 AM 
To: 
Garcia, Rolando (USAFLS) 
Subject: 
RE: Penalty sheets, bond recommendations, and all other forms for the indictment of J.E. et 
al. 
Hi Rolando -- Shawn e-mail everything down, but I think you should fax the cover 
sheet with your signature so Bob's signature can be on there with everyone 
else's. thanks. 
A. 
Villafafia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209- 47 
Fax 
 
Original Message 
From: Garcia, Rolando (USAFLS) 
Sent 
• 
8 9:43 AM 
To: 
(USAFLS) 
Subject: Re: Pena ty s eets, bond recommendations, and all other forms for the 
indictment of J.E. et al. 
I emailed him everything you sent me and told him that I have the hard copy of 
the indictment package. 
Sent from my BlackBerry Wireless Handheld 
 
 Original Message  
From: Villafana, Ann Marie C. (USAFLS) 
To: Garcia, Rolando (USAFLS); Atkinson, Karen (USAFLS) 
Sent: Fri Mar 14 09:30:23 2008 
Subject: FW: Penalty sheets, bond recommendations, and all other forms for the 
indictment of J.E. et al. 
Rolando - Didn't you send the entire packet to Bob? Everything was in the 
packet? 
A. Marie Villafafia 
Assistant U.S. Attorney 
500 S. Australian Ave, Suite 400 
West Palm Beach, FL 33401 
Phone 561 209-1047 
Fax 561 820-8777 
1348 
08-80736-CV-MARRA 
FIXIIII3IT 13-27 
EFTA00225919