EFTA00212859.pdf

KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS Onerous Center 153 East 53rd Street Jay P. Lefkovvitz, P.C. New York, New York 10022.4611 To Call WriterDirectly: Facsimile: jay.letkowitz©kirkland.ccoi www.lorklancl.com June 12, 2009 VIA FEDERAL EXPRESS Ms. A. Marie Villafana, Esq. United States Attorney's Office Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Ms. 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 Divniks 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 The same issue also is described briefly in subparagraph D on page 3 of the Motion, which likewise was not withdrawn.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 owliz, P.C. Chicago Hong Kong London Los Angeles Munich San Francisco Washington, D.C. EFTA00212859  KIRKLAND & ELLIS LLP CC: Esq. Esq. EFTA00212860