### ERMAN & MERMELSTEIN PA

A, ORNEYS AT LAW



arm, oride 33160 www.hermanlew.com

### FAX TRANSMITTAL

| FROM              | DATE               | NO. OF PAGES |
|-------------------|--------------------|--------------|
|                   |                    |              |
| Jeffrey M. Herman | September 16, 2008 | 3            |

| TO                                   | COMPANY                | FAX NUMBER |  |  |
|--------------------------------------|------------------------|------------|--|--|
|                                      | U.S. Attorney's Office |            |  |  |
| MESSAGE                              |                        |            |  |  |
| RE: Jane Does 2-5 v. Jeffrey Epstein |                        |            |  |  |
| Please see enclosed correspondence.  |                        |            |  |  |
|                                      |                        |            |  |  |

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN_INFORMATION THAT 15 PRIVILEGED. CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.

### HERMAN 6, MERMELSTEIN PA

ATTORNEv5 AT LAN

| _eftre M Herman<br>Te |  |
|-----------------------|--|
|                       |  |

Miami. Florida 33160 www iermar. aVil COM

September 16, 2008

Via i Fax ant Re ar Ma ll

Assistant U.S. Attorn

West Palm Beach, FL 33401

Re: Jeffrey Epstein

Dear Ms. Villafafia:

This concerns your letters to us and to sexual assault victims of Mr. Epstein dated September 2, 2008. Please be advised that we strenuously object to your letters on various grounds, and believe that they arc in violation of the Florida Bar Rules.

First, your letters attempt to steer the victims to a particular attorney, Mr. Josefsberg, and advise them that Mr. Josefsberg will be making an unsolicited contact to them in the next two weeks. This contact with prospective clients and solicitation reflected in your letters is contrary to Fla. Bar. Rule 4-7.4. Additionally, your letters are misleading in the following respects: (1) the action advocated to the victims in paragraph 2 refers generally to the victims' waiver o f "any other claim for damages", failing to advise them that this waiver may include a valuable claim to punitive damages against an alleged billionaire; and (2) the letters imply in paragraph 3 that Mr. Epstein's agreement to pay attorney fccs is a significant concession, when in fact a victim is entitled to reasonable attorneys' fees under the Statute upon proof of a violation, irrespective of Mr. Epstein's agreement.

We accordingly demand that the U.S. Attorneys' office immediately cease and desist from directing unrepresented victims into unsolicited attorney contacts and misleading them about their rights in claims against Mr. Epstein. We demand that you instruct Mr. Josefsberg not to solicit victims, and to send letters to unrepresented victims correcting the misleading statements contained in your September 2, 2008 letters.

Esq. September 16, 2008 Page 2

Finally, we demand that you make no contact with our clients directl , and contact them onl through our office. Our clients inclu

Sincerely, effrey M. Herman