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FBI VOL00009
EFTA00227225
156 sivua
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C. (USAFLS) From: C. (USAFLS) Sent: il.drieptember 17, 20081:20 PM To: Jack Goldberger Subject: RE: Letter concerning Epstein and the Palm Beach Daily News Thank you, Jack. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jack Goldberger imalltolgoldberger@agwpa.com] To: SenSI*, e C. mber 17, (USAFLS) 2008 12:59 PM Cc: Jay L f wi ; RBIad0RoyBlack.com; Barry Krischer; (USAF'S); Subject: Re: Letter concerning Epstein and the Palm Beach Daily News We will deal with the state. To answer your? The addendum has been filed Jack Goldberger Sent from my iPhone On Sep 17, 2008, at 12:15 PM, "EM, ■ wrote: C. (USAFLS)" <M M> Gentlemen: Please review the attached letter. Thank you. «Lefkowitz 080917.pdf» A. Vitiitfaria Assistant V.S. Attorney 561 209-1047 <Lefkowitz 080917.pdf, 49 08-80736-CV_MARRA 002191 EFTA00227305
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C. (USAF LS) From: To: Sent: C. (USAF ber 17, 2008) 12:59 PM LS Cc: Subject: Jack Goldberger Ugoldberger@agwpa.com] Krischer; Re: Letter concerning Epstein and the Palm Beach Daily News We will deal with the state. To answer your? The addendum has been filed Jack Goldberger Sent from my iPhone On Sep 17, 2008, at 12:15 PM, " wrote: C. (USAI LS)" Gentlemen: Please review the attached letter. Thank you. «Lefkowitz 080917 pdf» A. _Assistant 'U.S. fAttarnry 561 209-1047 <Lefkowitz 080917.pdf, 50 (USAFLS); 08-80736-CV_MARRA 002192 EFTA00227306
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Sim From: Sent: Wednesday, September 17, 200812:04 PM To: Jay Lefkowitz; JacliSirir gigldberger " ' cher; (USAFLS); ); n em iall Cc: ) Subject: Letter concerning Epstein and the Palm Beach Daily News C. (USAFLS) C. (USAFLS) Gentlemen: Please review the attached letter. Thank you. Lefkowitz 080917.pdf Assistant . Attorney 561 209-1047 51 08-80736-CV MARRA 002193 EFTA00227307
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C. (USAFLS) From: _,. -C. (USAFLS) Sent: Wednesday. September 17. 2008 12.00 PM To: Barry Krischer Cc: Lanna Belo te.fl us); (USAFLS); Subject: Your inquiry regar ing t eEpstein case Hi Barry — The Non-Prosecution Agreement contains a confidentiality provision that requires us to inform Mr. Epstein's counsel before making any disclosure — even a compulsory disclosure. I am cc'ing you on a letter to Jay Lefkowitz, Roy Black, and Jack Goldberger informing them of the request and asking them, as parties to the criminal case, to contact you regarding a possible suit by the Shiny Sheet. On another note, I also will be informing them that I believe that they still have not filed the complete agreement with the Court, as required by the Judge at the hearing. Thank you very much for reaching out to us when you received this request, and if you need any help from us, please let us know. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 52 08-80736-CV_MARRA 002194 EFTA00227308
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C. (USAFLS) From: Sent: To: Subject: C. (USAFLS) t ay, 1.008 3:38 AM FIN. confidential communication Original Message From: (USAFLS) To: C. (USAFLS) Sent: Mon May 19 15:37:30 2008 Subject: RE: confidential communication From: Original Message , III C. (USAFLS) Sent: Monday, May 19, 2008 3:37 PM To: Acosta, Alex (USAFLS); Subject: Re: confidential communication ) ; Original Message From: Acosta, Alex (USAFLS) To: (USAFLS); Campos, Cyndee (USAFLS); (USAFLS) Sent: Mon May 19 12:40:32 2008 Subject: FW: confidential communication For your records. From: Jay Lefkowitz [mailto:JLefkowitz@kirkland.com] Sent: Monday, May 19, 2008 10:54 AM To: Acosta, Alex (USAFLS) Subject: confidential communication Dear Alex: , (USAFLS) C. I am writing to you because I have just received the attached letter from Drew Oosterbaan. In light of that letter, and given the critical new evidence discussed below, I would like to request a meeting with you, mindful of our July 1026 08-80736-CV MARRA 002195 EFTA00227309
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8 deadline, at your earliest opportunity. Given your personal involvement in this matter to date, and the fact that at this juncture it is clear that CEOS has referred the matter back to you, I respectfully request that you not shunt me off to one of your staff. You and I have both spent a great deal of time on this matter, and I know that we both would like to resolve this matter in a way that bestows integrity both on the Department and the process. In our prior discussions, you expressed that you were "not unsympathetic" to our various federalism concerns, but stated that because you serve within the "unitary Executive," you believed your hands were tied by Main Justice. You were also extremely gracious in stating that you did not want the United States to be "unfair". Although CEOS limited its assessment to the federal statutes your Office had brought forth and to the application of those laws to the facts as presented, it is abundantly clear from Drew's letter that Main Justice is not directing this prosecution. In fact, CEOS plainly acknowledged that a federal prosecution of Mr. Epstein would involve a "novel application" of federal statutes and that our arguments against federal involvement are "compelling." Moreover, the language used by Drew in his concluding paragraph, that he cannot conclude that a prosecution by you in this case "would be an abuse of discretion" is hardly an endorsement that you move forward. Moreover, as you know, Drew made clear that the scope of his review did not extend to the other significant issues we have raised with you, such as the undo interest by some members of your staff with the financial and civil aspects of this matter, or with the inappropriate discussion one member of your Office had with alSenior reporter at the New York Times. (In fact, I have met with that reporter and have reviewed copious notes of his conversation with Mr. Weinstein). At this stage, we have no alternative but to raise our serious concerns regarding the issues Drew refused to address with the Deputy or, if necessary, the Attorney General, because we believe those issues have significantly impacted the investigation and any recommendation by your staff to proceed with an indictment. That being said, it would obviously be much more constructive and efficient if we could resolve this matter directly with you in the advance of further proceedings in Washington. Because it is clear that national policy, as determined by Main Justice, is not driving this case, the resolution of this matter is squarely, and solely, your responsibility. I know you want to do the right thing, and it is because you have made clear to me on several occasions that you will always look at all of the relevant and material facts that I call the following to your attention. New information that has come to light strongly suggests that the facts of this case cannot possibly implicate a federal prosecutorial priority. Due to established state procedures and following the initiation of multiple civil lawsuits, Mr. Epstein's counsel was able to take limited discovery of certain women in this matter. The sworn statements provided by these women all confirm that federal prosecution is not appropriate in this case. The consistent representations of witnesses such as , Brittney Beale, , and , and the civil complainants and their attorneys, confirm the following key points: First, there was no telephonic 1027 08-80736-CV MARRA 002196 EFTA00227310
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communication that met the requirements of § 2422(b). For example, as many other witnesses have stated, Ms. Beale testified in no unclear terms that there was never any discussion over the phone about her coming over to Mr. Epstein's home to engage in sexual activity: "The only thing that ever occurred on any of these phone calls [witan or another assistant] was, `Are you willing to come over,' or, `Would you like to come over and give a massage.'" Beale Tr. A at 15. Second, the underage women who visited Mr. Epstein have testified that they lied about their age in order to gain admittance into his home and women who brought their underage friends to Mr. Epstein counseled them to lie about their ages as well. Ms. stated the following: "I would tell my girlfriends just like Carolyn approached me. Make sure you tell him you're 18. Well, these girls that I brought, I know that they were 18 or 19 or 20. And the girls that I didn't know and I don't know if they were lying or not, I would say make sure that you tell him you're 18." Tr. at 22. Third, there was no routine or habit suggesting an intent to transform a massage into an illegal sexual act. For instance, Ms. Laduke stated that Mr. Epstein "never touched [her] physically" and that all she did was "massage[ ] his back, his chest and his thighs and that was it." Laduke Tr. at 12-13. Finally, as you are well aware, there was no force, coercion, fraud, violence, drugs, or even alcohol present in connection with Mr. Epstein's encounters with these women. The civil suits confirm that the plaintiffs did not discuss engaging in sexually- related activities with anyone prior to arriving at Mr. Epstein's residence. This reinforces the fact that no telephonic or Internet persuasion, inducement, enticement or coercion of any kind occurred. Furthermore, Mr. Herman, the attorney for most of the civil complainants, was quoted in the Palm Beach Post as saying that "it doesn't matter" that his clients lied about their ages and told Mr. Epstein that they were 18 or 19. In short, the new evidence establishing that the women deliberately lied about their age because they knew Mr. Epstein did not want anyone under 18 in his house directly undercuts the claim that Mr. Epstein willfully blinded himself as to their ages. Willful blindness is not a substitute for evidence of knowledge nor is it a negligence standard. It requires proof beyond reasonable doubt of deliberate intent and specific action to hide one's knowledge. There is absolutely no such evidence of that here, so it is not even a jury issue. Furthermore, willful ignorance cannot constitute the required mens rea for a crime of conspiracy or aiding and abetting. Through the recent witness statements, we have also discovered another serious issue that implicates the integrity of the federal investigation. We have learned that FBI Special Agent Kurkendayl attempted to convince these adult women, now in their twenties, that they were in fact "victims" even though the women themselves strongly disagreed with this characterization. This conduct, once again, goes to the heart of the integrity of the investigation. In a sworn statement, Ms. Beale was highly critical of the overreaching by federal law enforcement officers in this case. She testified—in no uncertain terms—that she does not, and never did, feel like a "victim," despite the fact that the FBI repeatedly tried to convince her otherwise. I am mindful of the fact that we have a state court date of July 8 on which either to enter a plea or to commence trial. As I review the trial options with 1028 08-80736-CV MARRA 002197 EFTA00227311
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Mr. Epstein, I certainly want to make sure I do everything within my power to obviate a need for trial through a reasonable alternative resolution. Although it is clear that CEOS is not directing a prosecution here, and has stated only that you have the authority to commence such a prosecution, I am well aware that the decision whether to proceed, subject to any further process in Washington, is now within your discretion. I think the new facts should greatly influence your decision and accordingly, I hope you will agree to meet with me, both to discuss the new evidence and to discuss a resolution to this matter once and for all. I am available to meet with you at your earliest convenience subject to our mutual availability. Respectfully, Jay **************###44#*##*######################*#*44******** 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e- mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. ******44####*##*###*####*********************************** 1029 08-80736-CV_MARRA 002198 EFTA00227312
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C. (USAFLS) From: Sent: Thursday. August 14, 20084:21 PM To: 'I tk wit ki 'Roy BLACK' Cc: Subject: Dear Jay and Roy: ■ C. (USAFLS) Hearing with Judge Marra We just finished our hearing with Judge Marra. He has ordered us to make the Agreement available to the plaintiffs in this case pursuant to a protective order limiting the disclosure to the victims and their counsel only. He further has ordered that we have to make the agreement available to any other identified victim and her attorney, so long as they also agree to be bound by the protective order. Judge Marra stated that the plaintiffs can litigate the issue of further disclosure directly with Mr. Epstein in the context of their civil suits. When I receive the Court's order and a signed protective order, I will provide them to you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 234 08-80736-CV_MARRA 002199 EFTA00227313
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1= • From: • C. (USAFLS) Sent: Thursday, August 14, 2008 3:27 PM To: Cc: ): Roy BLACK' Subject: E. Follow-up point C. (USAFLS) Dear Jay: The modification contained in the December letter is clear and simple, that is why we were not surprised by Mr. Epstein's and his attorneys' actions affirming acceptance of the modification. Mr. Epstein's acceptance of the modification by pleading guilty was equally clear and simple -- it followed written communications from Mr. Sloman and myself that read: "Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of' the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December 19'h letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment." As clearly stated in the December letter, only those "individuals whom [the United States] was prepared to name in an Indictment as victims of an enumerated offense" are the beneficiaries of the agreement. That is the list of names that I provided to Messrs. Goldberger and Tein following the change of plea. Under the September/October agreement, all "individuals whom [the United States] has identified as victims" are the beneficiaries, so I would prepare a supplement to the earlier list to include identified victims whom we were not yet prepared to name in an indictment. Again, as stated in the letter, the modification replaces paragraphs 7 and 8 of the Agreement, including paragraphs 7A through 7C that are included in the October Addendum. This means that Mr. Epstein's waiver of "his right to contest damages up to an amount as agreed to between the identified individual and Epstein" will no longer exist, nor will Mr. Epstein's obligation to pay for the victims' counsel. Paragraphs 9 and 10 are still in effect. This includes the statement that there is no admission of civil or criminal liability, and that, "[e]xcept as to those individuals who elect to proceed EXCLUSIVELY under 18 USC § 2255, ... Epstein's signature [cannot] be construed as admissions or evidence of civil or criminal liability." This addresses your question regarding exclusivity. I don't think that Mr. Epstein has to make any constructive admissions of conviction. He only needs to admit that the 32 girls whose names I have provided to Mr. Goldberger are "victims" of an offense listed in 18 U.S.C. 2255. Please let me know if you have any additional questions. Thank you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay leficowItz [malltoaLeficowitz@kirldand.com] Seat: Thursday.,_Augua 14, 2008 2:39 PM To: MEM, C. (USAFLS) 236 08-80736-CV_MARRA 002200 EFTA00227314
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Cc: ; lefkowitz@kirkland.com Subject: Re: Follow-up point - In reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. Finally, would paragraphs 8-10 of the September Agreement still be operative? I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues. Thanks — Jay n 08/142008 12'44 PM To clentowitzelkirktand.com, cc <Karen,Atkinson©usdoj.gov> Subject Follow:up pant Hi Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterakirkland.com, and 237 08-80736-CV_MARRA 002201 EFTA00227315
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destroy this communication and all copies thereof, including all attachments. Tracking: 238 08-80736-CV_MARRA 002202 EFTA00227316
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• C. (USAFLS) From: Jay Leflcowitz pLelkowitz©kirkland.com) Sent: 4, 2008 2:39 PM To: SAFLS) Cc: ); lefkowdz@kirkland.com Subject: e. of w-up point - In reviewing your December proposal, there are a couple of things I don't understand. What limits are placed upon individuals who proceed under 2255 as if "Mr. Epstein had been tried federally and convicted of an enumerated offense." In other words, what individuals would have this right? And would these individual only have this right if they proceeded exclusively under 2255? Also, to what enumerated offenses do you think would Mr. Epstein have to make constructive admissions of conviction? and how many such offenses? And against whom? Remember that while you may have investigated various offenses, he only plead guilty to certain state crimes. Finally, would paragraphs 8-10 of the September Agreement still be operative? I am trying hard to understand what you have intended by the December letter. Alex has says he thinks it benefits Jeffrey, and I am open to understanding it that way. But I would like some clarity on these issues. Thanks — Jay =Ma C. MIL & 08/1412006 12:44 PM To <StMagaggiitUiSeP cc • )" 1(fPn Atkimoneuscloi Q0V> Subject Follow-up Pont Hi Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 The information contained in this communication is confidential, may be attorney-client privileged, may 246 08-80736-CV_MARRA 002203 EFTA00227317
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constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. 247 08-80736-CV_MARRA 002204 EFTA00227318
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C. (USAFLS) From: .. C (USAFLS) Sent: Thursday. August 14, 2008 1243 PM To: I tk wit 1 6.16.. (1 m Cc: ) Subject: Follow-up point Ili Jay — I forgot to mention that I can no longer argue that the Court shouldn't force us to produce the agreement because we have already provided the victims with the relevant portion when I now understand from you that I have NOT provided them with the relevant portion. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 250 08-80736-CV_MARRA 002205 EFTA00227319
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C. (USAFLS) From: C (USAFLS) Sent: Thursday, August 14, 2008 12 28 PM To: Jay Lefkowitz Subject: RE: Telephone Call Fine. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowltz [mailtoOlefkowitz@kiridand.com] Sent: A 14, 2008 12:26 PM To: SAFLS) Cc: Subject: Re: Telephone Call How about 10 minutes? From: "MM.= C. (USAELS)" Sent: 08/14/2008 12:19 PM AST To: la Letkowitz Cc: " <Karen.Ailcinson@usdoj.gov> Subject: Telephone Call Hi Jay — Can you give me a specific time for the call so that 1 can conference call you and Karen? Thank you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 251 08-80736-CV_MARRA 002206 EFTA00227320
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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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterilikirkland.com, and destroy this communication and all copies thereof, including all attachments. 252 08-80736-CV_MARRA 002207 EFTA00227321
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From: Sent: To: Cc: Subject: C. (USAFLS) C. (USAFLS) Iht,t, August 14, 2008 12:19 PM Telephone Call Ii Jay —Can you give me a specific time for the call so that I can conference call you and Karen? Thank you. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 253 08-80736-CV_MARRA 002208 EFTA00227322
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• C. (USAFLS) From: C. (USAFLS) Sent: ursday. August 14, 2008 11:33AM To: Roy BLACK Subject: Call with Jay Lefkowitz Hi Roy — Sony to bother you early in the morning. Jay Lefkowitz is supposed to call soon to discuss the agreement. We would prefer to have you on the call as well. A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 254 08-80736-CV_MARRA 002209 EFTA00227323
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C. (USAFLS) From: Jay Lefkowitz (JLefkowilz@kirkland.corn) Sent: d 13, 2008 10:00 PM To: C. (L1SAFLS) Cc: oy BLA K Subject: Re: Electronic Copy of my Fax Thx Jay - speak tomorrow. I will call you around 1130-1200. From:"_, I. C. (USAFLS)" Sent: 08/13/2008 06:20 PM AST To: Jay Leflcowitz Cc: "Roy BLACK" <RBLACK®royblack.com> Subject: Electronic Copy of my Fax Jay — Here is a scanned version of the fax, in case you have already left. «Lefkowitz 080813008.pdf>> A. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterakirkland.com, and destroy this communication and all copies thereof, including all attachments. 258 08-80736-CV_MARRA 002210 EFTA00227324