EFTA00213532
EFTA00213534 DataSet-9
EFTA00213642

EFTA00213534.pdf

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'A osta AlexkUSAFLS\' To cc 09/21!2007 11:49 AM bcc Subject Re: Cal today I am happy to talk. My caveat is that in the middle of negotiations, u try to avoidundermining my staff by allowing "interlocutorty. appeals so to speak so I'd want on the call I'll have her set something up. Alex Sent from my BlackBerry Wireless Handheld ri inal Mes EFTA00213534 6666• 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 4 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 t9 postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213535 I I I I I EFTA00213536 To CC bcc Subject Re: Jeffrey Epstein - confidential 1.s.cinesSage-bas been Teb NSW IL . ' Apologies - a. Call on our side. Jay will get back to you. Sent from my BlackBerry Wireless Handheld Original Message From: USAFLS To: Sent: Sun Sep 23 2007 Subject: Re: Jeffrey Epstein - confidential Can we do a cone call? Sent from my BlackBerry Wireless Handheld Original Message EFTA00213537 prosaallwar a 11.11=. rillININS era ersompas i r 11111=r EFTA00213538 y EFTA00213539 4. ai ;?. I e I EFTA00213540 a t EFTA00213541 "Acosta. Alex To V(USAFLS1)" A LA t /II II cc 09/23/2007 04:33 bcc PM Subject Re: Jay - I do not mean to be difficult, but our negotiations must take place with the AUSAs assigned to the case. and Allilhave discussed this matter at length with me and several others in the office several times, inclduing today. They have discretion to proceed as they believe just and appropriate. I will be out of pocket much of monday on travel. I know that you and others will be here and wan sure that my absence do not cause any delays. ancipliphave authority to proceed as they, in their professional opinion, consider best. Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Sun Sep 23 14:11:57 2007 EFTA00213542 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 [email protected], and destroy this communication and all copies thereof, including all attachments. #************** ***** ********************************** **IV** EFTA00213543 1 EFTA00213544 Acosta,Alex To cc bcc 10/11/2007 12:20 Subject Re: PM ffrotiveraS - , I'm speaking to the PB bar at noon, but promised to attend their morning session from 9 to 10 30. 7, 7 30 or even 8 am if that is better should give us plenty of time. The convention center is 5 moin away. So I'm not leaving the hotel until 8 45. Pick whatever is most convenient for you. Alex Sent from my BlackBerry Wireless Handheld Original Messag From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Thu Oct 11 11:34:5 a ****************************************************** ***** 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 [email protected], and destroy this communication and all copies thereof, including all attachments. ********* ******** *A* ***** ******* ***** ***** ******** **** EFTA00213545 1 EFTA00213546 'Acosta. Alex To moo cc bcc 10/11/2007 02:31 Subject Fw WPB Marriott 1001 Okeediobee Blvd. West Pall PM Beach, FL 33401 Jay - see you at 7. Address is below. Alex. Sent from my BlackBerry Wireless Handheld 0 riinal 1 l. .5essa From: <ACastilloOlusa.doj.gov> To: Acosta, Alex (USAFLS) Sent: Thu Oct 11 12:49:09 2007 Subject: WPB Marriott 1001 Okeechobee Blvd. West Palm Beach, FL 33401 EFTA00213547 EFTA00213548 ACOSTA ACOSTA EFTA00213549 "Acosta. Alex To "Jay Lefkowitz" USAFLS cc bcc 10118120071229 Subject RE:Follow up PM Igetralt ne teetcr, Jeff -- Can you see any issues with this? If not, please confirm with Jay. Original Message Sent: Thursday, October To: Acosta, Alex (USAFLS) 18, From: Jay Lefkowitz (mailto Subject: Follow up a *ex** 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 [email protected], and destroy this communication and all copies thereof, including all attachments. EFTA00213550 I I 1 1 1 I I 1 1 i I I I I EFTA00213551 "Acosta, Alex To cc bcc 11/192007 Subject Re: important 02:25 PM Ak: r%hr trt? st-40 Wier:StMe glAt-aiTAWVAlegeMt 7401-. Jay -- the 2pm is outside the office. Won't be back until about 3. How anout then? Sent from my BlackBerry Wireless Handheld Original Messag From: Jay Lefkowitz < To: Acosta, Alex (USAFLS) Sent: Mon Nov 19 11:59:25 2007 Subject: Re: important r • "Acosta, Alex (USAFLS)" 11/19/2007 10:46 AM To CC Subject Re: important Jay - I'm around mid afternoon tuesday (have a very early dinner) and early wed (have an appt outside the office from 11 30 to 2). EFTA00213552 Should I bring Jeff (if there's business to talk, he is handling epsteiny? Alex. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAll Sent: Mon Nov 19 09:31:12 2007 Subject: important IIIIIIIII************** ***** * ***** ** ********** ********* 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 [email protected], and destroy this communication and all copies thereof, including all attachments. ****** ***** ******** ***** * ***** * ***** * ****** *** ******** ***** 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 EFTA00213553 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 postmasterokirkland.com, and destroy this communication and all copies thereof, including all attachments. EFTA00213554 . EFTA00213555 "Acosta, Alex To USAFLS* cc bcc 11/20•20070151UPM Subject Re: Yes. See you then. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Tue Nov 20 15:39:34 2007 MIN 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 6 Ellis LLP or Kirkland & Ellis Inteinational 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 [email protected], and destroy this communication and all copies thereof, including all attachments. ********************** ***** #.4.* ***** ***************.rn ***** • EFTA00213556 • EFTA00213557 "Acosta. Alex To "Jay Lefkowitz" cc bcc 11121@00711:44 AM &b3 a RE: cr4- 7A -r irateires„ Ybelied s' ;Oa-. I'm on my way to a mtg outside the office. Unlikely to be before 3pm. That said, Jeff is around if you want to talk with him re the 2255. Original Message From: Jay Lefkowitz [mailto: Sent: Wednesday, November 21, 2007 11:38 AM To: Acosta, Alex (USAFLS) Subject: 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 i 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 [email protected], and destroy this communication and all copies thereof, including all attachments. ****************************1.04.**********************4 EFTA00213558 "Acosta, Alex To U AFLS' cc bcc 12/20/2007 02:19 Subject Re: Important PM If you do prefer to talk, 10 to noon, or 2 to 3 would work. Sent from my BlackBerry Wireless Handheld Original Message From: Acosta, Alex (USAFLS) To: Sloman, Jeff (USAFLS) Sent: Thu Dec 20 13:46:25 2007 Subject: Re: Important Sure. Not a problem. We can also talk by phone if that's easier. Sent from my BlackBerry Wireless Handheld Original Messaiit From: Jay Lefkowitz To: Acosta, Alex (USAFIS) Sent: Thu Dec 20 13:37:33 2007 Subject: Important =Sr • ********* ***** ************* ***** ***** *********** * ***** 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 add . 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 EFTA00213559 communication in error, please notify us immediately by return e-mail or by e-mail to postmasterekirkland.com, and destroy this communication and all copies thereof, including all attachments. leilr********************* ******* ***** ********* EFTA00213560 I I I I I I I I 1 I I I I I i I I EFTA00213561 "Acosta, Alex To (USAFLS)" cc bcc 12127200701:32 Subject Re: PM Not a probelm. We can talk later in the week or weekend if its easier. Sent from my BlackBerry Wireless Handheld Original Message From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Cc: Sloman, Jeff (USAFLS); (USAFLS) Sent: Thu Dec 27 12:21:50 2007 Subject: Re: • Original Message From: "Acosta, Alex (USAFLS)" Sent: 12/27/2007 11:37 AM EST To: Jay Lefkowitz Cc: "Sloman, Jeff (USAFLS)" Subject: RE: Jay -- I just reviewed the letter. I agree that we should talk. Can you give me some times that work on your end, and we'll try to set something up? Original Message From: Jay Lefkowitz (mailt Sent: Wednesday, December : To: Acosta, Alex (USAFLS) Subject: EFTA00213562 4 w 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 [email protected], and destroy this communication and all copies thereof, including all attachments. ** * * * 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 6 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 [email protected], and destroy this communication and all copies thereof, including all attachments. ******************************* ***** * ***************** EFTA00213563 EFTA00213564 "Acosta, Alex To ,"Sloman, Jeff(USAFLS)" (USAFLS)" (USAFLS cc 12/28/2007 02:16 bcc PM Subject Re: Jay - I don't know whet will happen at this point. May be best to wait until after we speak monday morning. Alex Sent from my BlackBerry Wireless Handheld Original Massa From: Jay Lefkowitz To: Acosta, Alex (US Sent: Fri Dec 28 13:52:31 2007 Subject: Re: Original Message From: "Acosta, Alex (USAFLS)" Sent: 12/28/2007 01:35 PM EST To: Jay Lefkowitz Subject: Re: Jay _ I want to respect your sabbath. Let's just talk monday morning. Would 11 am work? Sent from my BlackBerry Wireless Handheld Original Messa From: Jay Lefkowitz To: Acosta, Alex (USAFLS) Sent: Fri Dec 28 12:51:13 2007 EFTA00213565 ****************************************************** ***** 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 [email protected], and destroy this communication and all copies thereof, including all attachments. *** ******** * ******** ************** ******** * *********** ***** ***** 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 postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. * * * EFTA00213566 1 EFTA00213567 'Acosta, Alex To "Jay Lefkowitt cc bcc 1V31/200711:05 Subject RE: AM Will do. 3 min. Original Message From: Jay Lefkowitz [mailto: Sent: Monday, December 31, 2111.1. To: Acosta, Alex (USAFLS) Subject: 1111111111111111111111r IMO **66* 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 6 Ellis LLP or Kirkland 6 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 [email protected], and destroy this communication and all copies thereof, including all attachments. EFTA00213568 1 1 1 I EFTA00213569 Jay LeficowItz/New To "Acosta, Alex (USAFLS)" < York/Kirkland-Ellis 01/02/2008 03:44 PM ccaiS FLS)"< USAFL "Roman, Jeff (USAFLS)" bcc Subject REll Sraffill11111 INS "Acosta, Alex (USAFLS)" 'Acosta, Alex To 'Acosta, Alex SAFLS" 0 uekomte cc 01/02/2008 an, 03:36 PM Subject RE: Actually, the morning is bad. How about 3pm or 4pm? From: Acosta, Alex (USAFLS) Sent: Wednesday, January 02, 2008 3:33 PM To: Jay Lefkowitz Cc: Castillo, Annette (USAFLS); Sloman, Jeff (USAFLS) Subject: RE: 11 am? From: Jay Lefkowitz [mailto Sent: Wednesday, January 02, 2008 2:46 PM To: Acosta, Alex (USAFLS) Subject: ***M 4:+illr***************4t*it************* ***** **it** 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 EFTA00213570 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 postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. ****************************************************** ikOsi• EFTA00213571 EFTA00213572 To -Jay Lekowite cc 01107/2O08 11:28 AM tom Subject RE: Not a problem. Original Message From: Jay Lefkowitz (mailto: Sent: Monday, January 07, 20 To: Acosta, Alex (USAFLS) Subject: ****. 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 [email protected], and destroy this communication and all copies thereof, including all attachments. EFTA00213573 "Acosta Alex USAFLS To "JayLeflmite cc 01/07200811/8AM bcc Subject RE: Not a problem. Original Message From: Jay Lefkowitz Sent: Monday, January 07, 2 To: Acosta, Alex (USAFLS) Subject: ***** 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 [email protected], and destroy this communication and all copies thereof, including all attachments. * • * * * EFTA00213574 . EFTA00213575 To -Jay Lefkowite cc 01/07/2008 03:41 PM bcc Subject RE: Can you pis provide to Jay the conf. table speaker phone #., for Jeff and I. From: Jay Lefkowit [mailto Sent: Wednesday, January 02, 2008 3:44 PM To: Acosta, Alec (USAFLS) Co Acosta, Alex (USAFLS); USAFLS); Sloman, Jeff (USAFLS); Kristin Andersen Subject: RE: "Acosta, Alex (LISAFLS)" To-Acosta, Alex USAFLS -Jay Lefk °Mesta°, Annette 01/02/2008 03:36 PM 'Stamen, Jeff (USAFIST SubjecRE: Actually, the morning is bad. How about 3pm or 4pm? From: Arncta, Alex (USAFLS) Sent: Wednesday, January 02, 2008 3:33 PM To USAFLS); Sloman, Jeff (USAFLS) Subject: RE: 11 am? From: Jay Lefkowitz [iflailt0ji a Sent: Wednesday, January , To: Acosta, Alex (USAFLS) Subject: EFTA00213576 ***************************************** ****** *** 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 add . 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 [email protected], and destroy this communication and all copies thereof, including all attachments. ******** ***** ******* ***** **** ***** *********** ***** **** 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 [email protected], and destroy this communication and all copies thereof, including all attachments. EFTA00213577 I i t i EFTA00213578 To ■ cc boc Subject Re: Jay - Thanks for the email. I sent it along to the trial team. I'm also looking forward to when this is over, so we can talk about non-work matters. Hope all is well with you and the family. Alex. Sent from my BlackBerry Wireless Handheld Original Nesse From: Jay Lefkowitz To: Acosta, Alex (USA Sent: Wed Jan 30 13:07:11 2008 ***a* The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for EFTA00213579 the use of the addressee. It is the property of Kirkland S Ellis LLP or Kirkland & Ellis international LLP. Unauthorized use, disclOsure or copying of this communication or any part thereof is strictly prohibited and nay be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to [email protected], and destroy this communication and all copies thereof, including all attachments. N. EFTA00213580 • • EFTA00213581 SLOMAN SI OMAN, EFTA00213582 "Sloman, Jeff To "Jay Lefkowitz" USAFLS cc bcc 10/12/2007 Subject RE: Addendum 1228 PM Try From: Jay Lefkowitz Sent Friday, October 12, 20 : To: Sloman, Jeff (USAFLS) Subject Re: Addendum --- Original Message --- From: "Sloman, Jeff (USAFLS)" Sent: 10/12/2007 09:48 AM AST To: Jay Lefkowitz , • SAF Jay, I just got off the phone with Alex. Here is the revised paragraph 1. Thanks, Jeff 1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. If the United States elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party consult with the United States after the preliminary selection but prior to the final designation of the attorney representative. From: Jay Lefkowitz Sent Thursday, October 11, . EFTA00213583 To: Sloman, Jeff (USAFLS) Subject: Re: Addendum Original Message — From: "Sloman, Jeff (USAFLS)" Sent 10/11/2007 12:17 PM AST To: Jay Letkonitz Cc "Acosta, Alex (USAF1S)" Subject Addendum Jay, Pursuant to our conversation. Thanks, Jeff IN RE: INVESTIGATION OF JEFFREY EPSTEIN EFTA00213584 ADDENDUM TO THE NON-PROSECUTION AGREEMENT IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: 1. The United States has the right to assign to an independent third-party, the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. If the United Slates elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party also consult with the United States. 2. Pursuant to paragraph 7, Epstein has agreed to pay the fees of the attorney representative. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, the attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to hint Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES EFTA00213585 ATTORNEY Dated: By: A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY Dated: JEFFREY EPSTEIN Dated: GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: LILLY ANN SANCIIEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN ****“.*****.***** *********** ***************•********** ***** EFTA00213586 'The intormation 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 [email protected], and destroy this communication and all copies thereof, including all attachments. ****************************************************** 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 [email protected], and destroy this communication and all copies thereof, including all attachments. *4*** EFTA00213587 R EFTA00213588 To 'Jay LefKowitz" < CC 10/16/2007 12:39 PM bcc Subject RE: 4:30 is fine. we'll call you. Original Message From: Jay Lefkowitz (mailto Sent: Tuesday, October 16, 2007 9:26 AM To: Sloman, Jeff (USAFLS) Subject: 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 [email protected], and destroy this communication and all copies thereof, including all attachments. **************** ***** **** ***** * ***** * ******** ** ******* . EFTA00213589 EFTA00213590 To "Jay Lefkowite cc 10/16/2007 04:00 PM bcc Subject RE: Confidential - for settlement purpose' Jay, The below is exactly the same as yours, except for deletion of "Other than the joint written submission, neither the United States nor Epstein's counsel shall communicate with the independent third party nor shall the United States communicate with the attorney representative selected by him" in your 1(a). 1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 2. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 3, infra. 3. Pursuant to additional paragraph 1, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. Jeff Original Message EFTA00213591 From: Jay Lefkowitz (mailto Sent: Monday, October 15, 2007 10:53 AM To: Sloman, Jeff (USAFLS) Subject: Confidential - for settlement purposes only EFTA00213592 EFTA00213593 . . p . EFTA00213594 "Sloman, Jeff To "Jay Letkowite cc bcc 10/17/2007 01:58 PM Subject RE: kitt0 Wroit °Raw.,y r. cOrsdeddeg <<071015 Special Master Letter2.wpd>> Jay, Here's our proposed letter to the special master. Jeff Original Message From: Jay Lefkowitz (mailto Sent: Tuesday, October 16, To: Sloman, Jeff (OWLS) Subject: ***** 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 postmaster9kirkland.com, and destroy this communication and all copies thereof, including all attachments. ********** ****** ************** ***** * ***** ************* 071015 Special Master Letter2.wpd EFTA00213595 S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach FL 33401 (561) 8204711 Facsimile: (561) 820-8777 October 2007 DELIVERY BY FACSIMILE The Hon. Edward B. Davis (Ret.) Akerman Senterfitt One Southeast Third Avenue, 25th Floor Miami, Florida 33131 Re: Service as a Special Master Dear Judge Davis: Thank you for agreeing to serve as a Special Master and for assisting the United States Attorney's Office in the selection of an attorney representative to represent a group of identified victims. This letter is meant to assist you in performing your duties by providing you with background information regarding the agreement between the United States and Jeffrey Epstein and the duties that the attorney representative will have to perform. The Federal Bureau of Investigation and the U.S. Attorney's Office conducted an investigation of Mr. Epstein. As a result of that investigation, the U.S. Attorney's Office and Mr. Epstein entered into a Non-Prosecution Agreement and an Addendum that contains, inter alit; the following terms: 7(a)The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative EFTA00213596 The lion. Edward B. Davis (Ret.) October _ 2007 Page 2 of 4 suggested by the independent third-party prior to the final designation of the attorney representative. 7(b)The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph 7(c), infra. 7(c). Pursuant to additional paragraph 7(a), Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. 8.If any of the individuals referred to [in the paragraphs above] elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount agreed to between Epstein and the identified individual, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, with respect to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9.Epstein's signature on this agreement also is not to be construed admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10.Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in [the above paragraphs], neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. EFTA00213597 The Hon. Edward B. Davis (Ret.) October 2007 Page 3 of 4 The most recent version of the statute referenced above, 18 U.S.C. § 2255, provides that: My person who, while a minor, was a victim of a violation of section . . . 2422 or 2423 of this title and who suffers personal injury as a result of such violation, regardless of whether the injury occurred while such person was a minor, may suc in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney's fee. Any person as described in the preceding sentence shall be deemed to have sustained damages of no less than $150,000 in value. Section 2422 prohibits the use of a facility of interstate commerce to induce minors to engage in sexual activity and prostitution, and section 2423 prohibits interstate travel for the purpose of engaging in sexual activity or prostitution with minors. The United States has identified victims as defined by this statute. Due to the circumstances of the case and the number and caliber of the attorneys who represent Mr. Epstein, in selecting the victims' attorney representative, the United States suggests that you consider the following criteria: 1. Experience doing both plaintiffs' and defense litigation. 2. Experience with state and federal statutory and common law tort claims. 3. The ability to communicate effectively with young women (the victims' current ages are between 16 and 24). 4. Employment with a firm large enough to handle the possibility of at least a dozen trials at the same time. 5. Experience litigating against large law firms and high profile attorneys. 6. Sensitivity to the nature of the suit and the victims' interest in maintaining their privacy. 7. Experience litigating in federal court in the Southern District of Florida. EFTA00213598 The Hon. Edward B. Davis (Rot.) October 2007 Page 4 of 4 8. The resources to hire experts and others, while working on a contingency fee basis, in order to prepare for trial, if a settlement cannot be reached. 9. The ability to negotiate effectively. Pursuant to this letter, the United States assigns to you the responsibility for consulting with and selecting the attorney representative for the individuals. The United States and Epstein retain the right to make good faith objections to the attorney representative you select prior to the final designation of the attorney representative. In that regard, after you have reached a decision regarding the attorney representative, please provide me with his or her name and contact information. If I can provide you with any further information, please do not hesitate to contact me. Thank you again for your assistance with this matter. Sincerely, R. Alexander Acosta United States Attorney By: Jeffrey Sloman First Assistant United States Attorney cc: AUSI5 EFTA00213599 . EFTA00213600 "Sloman, Jeff To 'Jay LefkowIte cc "Acosta, Alex(USAFLS) bcc 10/18/2007 Subject RE:
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