EFTA00215373.pdf

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 July 22, 2008 VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coconut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: In response to your letter of July 21, 2008, the United States hereby provides notice that the United States Attorney has determined, based upon reliable evidence, that, during the period of the Non-Prosecution Agreement, Jeffrey Epstein has willfully violated the conditions of the Agreement. In particular, Epstein has repeatedly denied that the victims named by the United States are not victims of an enumerated offense contained in Title 18, United States Code, Section 2255, and has attempted to stop those victims from pursuing their claims under that statute. For example, just yesterday, Epstein's publicist, speaking of behalf of Epstein, made the following statement regarding the suit brought against the United States by Shawna R., Tatum M., and Courtney W.: The lawsuit has absolutely no merit. They're just looking for money. These women have lied repeatedly, and in no way shape or form were they victims . They were at his place freely and voluntarily. And one of them showed Epstein a fake ID. (July 21, 2008 New York Post article, entitled "Bid to Burn Epstein Plea," found at www.nypost.com/ seven/07212008/gossip/pagesix/bid_to_burn_epstein_plea_120770.htm. ) Courtney W. and Shawna R. are both listed in the United States' July 10, 2008 "Final Notification of Identified Victims." Mr. Epstein was given more than a week to object to the names on the list and chose not to make any objections. Accordingly, pursuant to the terms of the Non-Prosecution Agreement as modified, Mr. Epstein and all of his representatives are required to treat Courtney and Shawna as "victims of an enumerated offense." Furthermore, Mr. Epstein is frustrating the purpose of the Agreement with respect to the victims' ability to obtain damages. Epstein's waiver of liability regarding civil suits brought pursuant to 18 U.S.C. § 2255 was a key piece of consideration for the United States' willingness to defer its prosecution to the State of Florida. To complete his performance of his contractual obligations, Mr. Epstein must submit to suit under 18 U.S.C. § 2255 and admit that the Identified Victims are victims of an offense enumerated in that section. By seeking to stay all civil litigation, during what you assert is the term of the Non-Prosecution Agreement, Mr. Epstein is avoiding that essential contractual term. Accordingly, the United States Attorney's Office hereby provides notice of Mr. Epstein's breach of the Non-Prosecution Agreement. Sincerely, R. Alexander Acosta United States Attorney By: EFTA00215373 ssistant United states Attorney EFTA00215374