EFTA00728356.pdf

Podhurst Orseck TRIAT, & APPELLATE LAWYERS Aaron S. Podhurst Robert Orseck (1934-1918) Robert C Josefsberg Joel D. Baton Walter H. Beckham, Jr. Steven C Marks Karen Podhurst Dem Victor M. Diu, Jr. Of Counsel Katherine W. FeeII Stephen F. Rosenthal Ricardo M. Martinez -Gd Ramon A. Rasco Alexander T. Rurallet John Gravante, DI Carolina iVlaharbiz April 17, 2009 VIA FACSIMILE David Spicer, Esq. 11000 Prosperity Farms Road Suite 104 Palm Beach Gardens, FL 33410 Robert Critton, Esq. Burman, Critton, Luttier & Coleman LLP 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 Jack Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Gentlemen: During our recent meeting with Mr. Black, we were told that it is your client's position that the no-contact order agreed to during the state plea colloquy does not apply to any of our clients those victims who were part of Mr. Epstcin's state plea. Our understanding is that AUSA and Messrs. Tein and Goldberger entered a verbal agreement at the time that the list of victims was provided to those defense counsel that Mr. Epstein, including his agents, would have no direct or indirect contact with the victims named on this list. In addiditon, under applicable Florida Bar Rules governing contact by attorneys and their agents with persons represented by counsel, any contact with any of our clients or their family members by Mr. Epstein, his counsel and/or his agents must strictly be through us. Mr. Leftowitz had previously reassured us that Mr. Epstein would not contact any of our clients as long as I am "representing them in connection with settlement discussions." Due to our differences regarding the retroactivity issue and the "per plaintiff' v. per incident/count issue, we have apparently reached a dead end regarding settlement. Podhuret Orseck PA. 25 West Flagler Street, Suite 800, Miami, FL 33130 Miami305358.2800 Fax 3051" "I" • Port Lauderdale 954.463.4346 www.podhunt.com EFTA00728356 We are concerned that Mr. Epstein could misconstrue our impasse in conjunction with Mr. Letkowitz' e-mail to mean that now that we are no longer "representing them in connection with settlement discussions," he may contact them. Please be assured that it is our position that regardless of whether we are Lela ebeuting our clients during settlement discussions and/or trial preparation, we, and the rules of professional conduct, prohibit contact. In order to be crystal clear as to whom we represent, we have attached a list of our present clients. We expect each member of Mr. Epstein's defense team to abide by the applicable rules of professional conduct We request written confirmation from Mr. Epstein that neither he nor his agents will contact any of the victims represented by us. If this correspondence is in any way unclear, please contact us. Sincerely, o il Pig cc: Roy Black, Esq. w/ enclosures Jay Lefkowitz, Esq. w/ enclosures EFTA00728357  List of Clients Represented by Podhurst, Orseck P.A. as of April 17. 2009' I We will supplement this list as necessary. EFTA00728358