EFTA00312744

KIRKLAND & ELLIS LLP 
AND AMLIATID IMINLISHIPS 
Jay P. Lefkovaty. P.C. 
To Call Writer Dire 
October 
October 28, 2010 
By E-mail and By Hand 
CONFIDENTIAL 
Jennifer Gaffney, Esq. 
Deputy Bureau Chief, Sex Crimes Unit 
New York District Atto 
Patrick Egan, Esq. 
Assistant District Attorney, Sex Crimes Unit / Thal Bureau 40 
New York District Attorney's Office 
Re: 
SORA Determination for Jeffrey E. Epstein, NYSID # OSI909, 
Supreme Court Case # 30129-2010 
Dear ADA Gaffney and ADA Egan: 
As you know, we represent Jeffrey E. Epstein, who is scheduled to appear in New York 
Supreme Court, Part 66, on Tuesday, November 9, 2010 for a hearing befo 
a Honorable Ruth 
Pickholz pursuant to New York's Sex Offender Registration Act (SORA), 
.
 
Correction Law 
§ 168 et seq. (McKinney 2008). 
To follow up on our conversation in your office on October 13, and as you have 
requested, we are providing you with a select sampling of materials that we believe expose the 
stark contrast between the inflammatory, speculative case summary presented by the Board of 
Examiners in its recommendation for Mr. Epstein, and the actual evidence that exists concerning 
the alleged conduct for which New York seeks to require Mr. Epstein to register under SORA. 
We believe that these materials validate our position that Mr. Epstein should most appropriately 
be designated as a Level 1 offender. Not only is the Board's Level 3 recommendation absurd, 
given that the offense triggering the registration requirement would most likely have been a non-
registerable misdemeanor if committed in New York instead of Florida, but as laid bare by the 
attached sampling of transcript excerpts and other evidence, the Board's purported calculation is 
also unsupportable under the applicable "clear and convincing evidence" standard. 
Chicago 
Hong Kong 
London 
Los Angeles 
Munich 
Palo Alto 
San Francisco 
Shanghai 
Washington.. 
EFTA00312744

KIRKLAND & ELLIS LLP 
Jennifer Gaffney, Esq. and Patrick Egan, Esq. 
October 28, 2010 
Page 2 
First, as we attempted to explain during our meeting with you, the specific conduct which 
formed the basis of Mr. Epstein's conviction requiring registration under Florida law -- a 
conviction for Procuring a Person Under 18 for Prostitution, in violation of Fla. Stat. § 796.03' --
was a consensual arrangement in whicla. Epstein received massages and engaged in sexual 
touching in exchange for money withM., a young woman who was over New York's age of 
consent when the offense cited in the Information allegedly occurred. And as made abundantly 
clear by the attached excen&rom.l.'s November 8, 2005 interview with Palm Beach 
Detective Joseph Recarey,§§. was certainly 17 by the time events "escalated" from massages 
to sexual conduct: 
• 
Exhibit A, Davis Tr. 2:5-15 S. 
stating that her date of birth is October 10, 1987, which 
would have made her two days short of 18 years and one month old when she was 
interviewed by Det. Recarey on November 8, 2005). 
• 
Exhibit A, Davis Tr. 3:15.20 
stating that she first heard about Epstein from a friend 
"about a year ago"). 
• 
Exhibit A, Davis Tr. 5:14-23 a. 
stating that after meeting Epstein for the first time, 
she "didn't go again for about two months or so"). 
• 
Exhibit A, Davis Tr. 6:13-22 a.
 telling Recarey that she saw Epstein approximately 
15 times in total, and "things escalated" as time went on). 
Furthermore, the record is undisputed that M. was at least 17 and over New York's age of 
consent during the one time that she engaged in consensual sexual intercourse with Mr. Epstein: 
• 
Exhibit A, Davis Tr. 8:17-9:23 S. 
stating that she engaged in sexual intercourse with 
Epstein only once, when she was nearly 18 years old). 
• 
Exhibit A, Davis Tr. 15:12-17 a.
 stating that all of her conduct with Epstein was 
consensual and that Epstein never used any force)? 
As previously noted, Jeffrey Epstein concurrently pleaded guilty to an Indictment charging him with one 
count of Felony Solicitation for Prostitution, Fla. Stet § 794O2)(0, (4Xc), which is nor a registerable offense 
under Florida or New York law. See Fla. Stat. § 943.0435;M. Correction Law § 168-a(2)(a). 
Notably, in a Probable Cause Affidavit which he signed under oath and filed with th
 in order to 
obtain an arrest 
for Jeffrey Epstein, Det Recarey, in discussing allegations involving M., omitted the 
material fact thair clearly stated that her decision to engage in intercourse with Epstein was consensual. 
EFTA00312745