EFTA01089193

EPSTEIN 
BREACH 
CORRESPONDENCE 
EFTA01089193

TABLE OF CONTENTS 
TAB 
DATE 
DESCRIPTION 
1. 
6/12/09 
M. 
hr to J. Goldberger notifying breach of NPA 
2. 
6-12-09 
J. Lefkowitz Itr. to M. 
in response to 6-12-09 letter 
giving notice of breach. 
3. 
6-15-09 
J. Lefkowitz hr to M. 
attaching R. Critton's letter 
representing agreement to resolve outstanding fee issues re 
attorney representation. 
4. 
6-15-09 
M. 
hr to J. Lefkowitz, R. Black & J. Goldberger 
con riming the US Attorney's Office takes no position re the 
civil suits. 
5. 
6-17-09 
M. 
hr to J. Lefkowitz re compliance with NPA. 
6. 
6-19-09 
J. Lefkowitz ltr to M. 
re obligations under NPA & ltr 
in response to 6-15-09 letter. 
Breach Correspondence Binder TOC.doc 
EFTA01089194

TAB 1 
EFTA01089195

U.S. Department of Justice 
United States Attorney 
Southern District of Florida 
June 12, 2009 
DELIVERY BY HAND 
Jack A. Goldberger, Esq. 
Atterb 
, Goldber er & Weiss, P.A. 
Re: 
Jeffrey Epstein 
Dear Mr. Goldberger: 
Pursuant to the terms of the Non-Prosecution Agreement, the United States Attorney's 
Office for the Southern District of Florida hereby provides you with notice that the United 
States Attorney has determined, based on reliable evidence, that Jeffrey Epstein has willfully 
violated one of the conditions of the Non-Prosecution Agreement. Specifically, on May 26, 
2009, Jeffrey Epstein, through his counsel, filed a "Motion to Dismiss the First Amended 
Complaint or, in the Alternative, for a More Definite Statement," in the matter of Jane Doe 
No. 101 v. Jeffrey Epstein, Court File No. 09-CV-80591-KAM. "Jane Doe,No. 101" was on 
the list provided to Mr. Epstein's attorneys of individuals whom the United States had 
identified as victims, as defined in 18 U.S.C. § 2255, and "Jane Doe No. 101" has elected to 
proceed exclusively under 18 U.S.C. § 2255. By filing the Motion to Dismiss, Mr. Epstein 
is contesting liability and, therefore, has violated Term 8 of the Non-Prosecution Agreement. 
Based upon Mr. Epstein's breach of that term, the U.S. Attorney's Office will pursue 
its remedies. The U.S. Attorney's Office also is continuing its review of Mr. Epstein's 
filings in the civil suits to determine whether additional breaches have occurred. If any are 
EFTA01089196

JACK GOLDBERGER, ESQ. 
JUNE 12, 2009 
PAGE 2 OF 2 
identified, they will be communicated to you in accordance with the terms of the Non-
Prosecution Agreement. 
Sincerely, 
Jeffrey H. Sloman 
Acting United States Attorney 
By: 
cc: 
Roy Black, Esq. 
Northern Division 
EFTA01089197

TAB 2 
EFTA01089198

KIRKLAND & ELLIS LLP 
AN0 AMLIATED PARTNZNIPS 
CAI r 
Jay P. LekOat% P.C. 
To Call Writer DireW 
yeinviairklane.com 
June 12, 2009 
VIA FEDERAL EXPRESS 
United States Attorney's Office 
louithemn
mit
 District of Florida 
Re: 
Jeffrey Epstein 
Dear Ian 
I am in possession of your June 12, 2009 letter giving notice of breach. I respectfully 
submit that the Motion to Dismiss that is referenced therein did not constitute a willful breach of 
Mr. Epstein's obligations under the non-prosecution agreement. Mr. Epstein's counsel 
unanimously determined that the filing of this Motion to Dismiss was not a breach of the non-
prosecution agreement, and the Motion to Dismiss was filed by counsel without Mr. Epstein's 
final approval. 
I want to inform you that immediately upon receipt of your letter, Mr. Epstein directed his 
counsel to file the attached Notice withdrawing all but issue number VIII of the previously filed 
Motion to Dismiss. The same issue also is described briefly in subparagraph Don page 3 of the 
Motion, which likewise was not withdrawn. Please note that this issue relates exclusively to the 
damages available under § 2255. The Notice has already been filed. If your continued review of 
the civil dockets causes you to have additional concerns about any other filing, consistent with 
the notice provisions of the non-prosecution agreement and consistent with our prior practice 
regarding such matters, please provide me with notice and the opportunity to address the same 
with you. 
I believe that with today's filing withdrawing these issues Mr. Epstein, through counsel, 
has fully remedied any perceived breach. Please advise if you for any reason disagree. 
Respectfully submitted, 
Jay P. Le owitz, P.C. 
Chicago 
Hong Kong 
London 
Los Angeles 
Munich 
San Francisco 
wasninoon. D.C. 
EFTA01089199

KIRKLAND 8,ELLIS LLP 
CC: 
Esq. 
EFTA01089200

Case 9:09-cv-80591-KAM 
Document 53 
Entered on FLSD Docket 06/12/2009 
Page 1 of 2 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
CASE NO.: 09-CIV- 80591- KAM 
JANE DOE NO. 101, 
Plaintiff, 
v. 
JEFFREY EPSTEIN, 
Defendant. 
DEFENDANTJEFFREY EPSTEIN'S NOTICES)? YVITHDRAWL OF ARGUMENTS I 
THROUGH VII OF THE DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S FIRST 
AMENDED COMPLAINT (DE29) 
Defendant, JEFFREY EPSTEIN, by and through his undersigned counsel, hereby 
withdraws arguments I through VII as set forth in the Defendant's Motion to Dismiss the 
Plaintiffs First Amended Complaint (FAC) [DE 29], dated May 26, 2009. Defendant withdraws 
his arguments contained subparagraphs A, B, C and Sections I (The Complaint Must Be 
Dismissed Because Plaintiff Is Not A Minor), II (The FAC Must Be Dismissed Because The 
Defendant Has Not Been Convicted Of A Predicate Offense), DI (Count One Of The FAC Must 
Be Dismissed Because It Does Not Please A Violation Of 18 U.S.C. § 2422(1))). IV (Count Two 
Must Be Dismissed Because It Does Not Plead A Violation Of 18 U.S.C. §2423(b)), V (Count 
Three Must Be Dismissed Because It Does Not Plead A Violation Of 18 U.S.C. § 2251, VI 
(Counts Four and Five Must Be Dismissed Because They Do Not Plead Violation of 18 U.S.C. 
§§ 2252(a)(1) Or 2252(a)(1), and VU (Count Six Must Be Dismissed Because 18 U.S.C. § 
2252A(g) Was Not Enacted Until 2006). 
Defendant will rely only on those arguments set forth in subparagraph D. on page 3, and 
Paragraph VIII (Any Surviving Count Should Be Merged Into A Single Count) of the 
EFTA01089201

Case 9:09-cv-80591-KAM 
Document 53 
Entered on FLSD Docket 06/12/2009 
Page 2 of 2 
Defendant's Motion to Dismiss the First Amended Complaint Or, I The Alternative, For A 
More Definite Statement [DE 29] dated May 26, 2009. 
Counsel for De 
dant EPSTEIN 
Certificate of Service 
I HEREBY CERTIFY that a true copy of the foregoing was electronically filed with the 
Clerk of the Court using CWECF. I also certify that the foregoing document is being served this 
day on all counsel 
record . entified on the following Service list in the manner specified by 
CM/ECF on this;/ 
ay of t r 
2009 
Robert C. Josefsberg, Esq. 
Katherine W. Ezell, Esq. 
Podhurst Orseck, P.A. 
Counsel for Plaintiff 
Jack Alan Goldberger, Esq. 
Atterbury Goldberger & Weiss, P.A. 
Counsel for Defendant Jeffrey Epstein 
Respectfully submitted 
By: 
ROBERT D 
Florida B 
MICH.AELJ_,.
. PIKE ESQ. 
Florida Bar 
(Counsel for Defendant Jeffrey Epstein) 
EFTA01089202

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Recovery cannot exceed actual documented lossMaxirnunt for hems of exUaordirary yak* is $500. e.g. jewelry, precious metals, negotiable 
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After printing this label: 
1. Use the 'Print' button on this page to print your label to your laser or inkjet printer. 
2. Feld the printed page along the horizontal line. 
3. Place label in shipping pouch and affix it lo your shipment so that the barcode portion of the label can be read and scanned. 
Warning: Use only the printed original label (or shipping. Using a photocopy of this label for shipping purposes is fraudulent and could 
result in additional tiling charges, along with the cancellation of your FedEx account number. 
Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guido. available on leda.can.FedEx vial not be 
responsilNe (or any claim in excess of $100 per package, whether the result of loss, damage. deAay, non-deSvery,rrisdeetefy.or misinformarbn Wens 
you declare a NOW, ValUO, pay an addlional charge, document your actual loss and file a Grey clakntimitatIons bund in the Curtin FedEx Service 
Guide apply. Your right to recover from FedEx for any loss, inducing intrinsic valued the package, loss of sales, income interest, profit, attorney's fees, 
costs, and other forms of damage whether direct, incidental,consequential, or special is knifed to the greater of $100 or the a uthodzed declared value. 
Recovery cannot exceed actual documented lossflaxlmum for items of extraordinary value is $500. e.g. jewelry, precious metals. negotiable 
instruments and other items fisted In our ScwiceGuide. Written claims must be Med within strict time lirnits. see current FodEx Service Guide. 
EFTA01089205

TAB 3 
EFTA01089206

KIRKLAND & ELLIS LLP 
AND AMLIATIO PAINNIASIIIPS 
Jay P. Lefkowitz. P.C. 
TO ca Writer Directly: 
VIA FACSIMILE 
Mss 
Esq. 
United States Attorney's Office 
Southern District of Florida 
Dear 
Citi ro 
Center 
www.kiridand.com 
June 15, 2009 
Re: Jeffrey Epstein 
Facsimile: 
I am attaching a letter authored by my co-counsel, Robert Critton, on today's date. It 
represents our agreement with a proposal that Kathy Ezell indicated in a letter dated June 8, 2009 
would be fully acceptable to her and Bob Josefsberg as a means to resolve expeditiously all 
outstanding fcc issues regarding the attorney representative. Mr. Epstein has directed his counsel 
to take immediate steps to address and resolve the attorney representative's outstanding fee-
related issues and we are doing so without delay. The suggestion of a Special Master, agreed to 
by both parties, to resolve the issues in the immediate future, will assure all parties that there will 
be no delay and no need for adversarial litigation regarding fees. 
More generally, I want to assure you that Mr. Epstein has directed all counsel to make 
sure that there is no filing that could constitute a breach of the NM. Accordingly, a new internal 
screening process has been established to provide focused decision-making on each filing. To 
the extent we believe any filing may be perceived as implicating any of the issues generically 
addressed in the NPA (a document including sentences within paragraph 8 that even Mr. Acosta 
agreed were "far from simple"), we intend to address such issues with you prior to any filing and 
hope that you will agree to review the draft filing and inform us whether or not from your 
perspective it would, if filed, constitute a "breach". This will be especially important regarding 
issues that we believe fall at the intersection of Section 2255 and the civil litigation. We reserve 
our right, if you believe a proposed filing to conflict with the NPA or if you wish not to address 
these issues with us, thereafter to address such substantive issues with the Court. 
Chicago 
Hong Kong 
London 
Los Angeles 
Munich 
San Francisco 
Washington. D.C. 
EFTA01089207

KIRKLAND & ELLIS LLP 
Ms 
June 15, 2009 
Page 2 
Esq. 
We hope that these proposals—in combination with our immediate withdrawal of the 
previously filed Motion to Dismiss—resolve all outstanding issues at the intersection of the NPA 
and 2255. Please advise if any remain. 
Sincerely, 
a P. Le owitz 
Enclosure 
cc: 
EFTA01089208

J. MICHAEL BURMAN, PA.,
OREOCRY W.COLEMAN. PA. 
ROBERT D. CRITTON, JR.. 
BERNARD L.EBEDEXER 
MARK T. LUTHER. PA. 
JEFFREY C. PE IN 
MICHAEL J. PIKE 
HEATHER McNAMARA RUDA 
FLORIDA BOARDCERTIMO 
CIVIL TRIAL taViYES 
BURMAN, CRITTON, LUTTIER 
& COLEMAN LLP 
A LIMITED LIABILITY PARTNERSHIP 
Sent by E-mail and U.S. Mail 
Robert Josefsberg, Esq. 
Podhurst Orseck, P.A. 
Re: 
Epstein Matter 
Dear Bob: 
June 15, 2009 
ADELQUI I. BENAYENTE 
PAIIALZOAL/ 41VBSTI0XI0R 
BARBARA M. Mc.KENNA 
ASHLJB STOKENBARING 
BETTY STOKES 
MRALICALS 
RITA H. BUDNYK 
or coma 
On June 8, 2009, Kathy Ezell wrote a letter to me regarding outstanding fee 
payment issues. At page 3, she stated that she was not adverse to an earlier proposal 
that had been discussed amongst the parties to rely on a Special Master to resolve 
outstanding fee-related Issues. We agree with Kathy's "proposal" that we rely on a 
Special Master to resolve all outstanding fee issues. Lets work during our Wednesday 
meeting to select an appropriate Special Master and let's agree to see whether, in the 
interim, we can resolve these issues even 
y are submitted to the S.M. 
Cordially 
Robe i, non, Jr. 
RDCIdz 
cc: 
Jack Goldberger, Esq. 
L•A•W•Y•E
•R '
S 
EFTA01089209

TAB 4 
EFTA01089210

U.S. Department of Justice 
United States Attorney 
Southern District of Florida 
June 15, 2009 
DELIVERY BY_ELECTRONIC MAIL 
Jay P. Lefkowitz, Esq. 
Kirkland & Ellis LLP 
Roy Black, Esq. 
Black Srebnick Kornspan & Stumpf P.A. 
Jack A. Goldberger, Esq. 
Atterbury, Goldberger & Weiss, P.A. 
Re: 
Jeffrey Epstein 
Dear Messrs. Lefkowitz, Goldberger, and Black: 
I write to confirm my conversation with Mr. Letkowitz 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 
EFTA01089211

JAY P. LEFKOWFI2, ESQ. 
ROY BLACK, ESQ. 
JACK GOLDBERGEFt, 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 o f B reach 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. Lefkowitz 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 
EFTA01089212