U.S. Department of Justice¶
United States Attorney Southern District of Florida¶
West Palm Beach, FL 33401¶
DELIVERY BY ELECTRONIC MAIL¶
Facsimile:¶
Jay P. Lefkowitz, Esq.¶
Kirkland & Ellis LLP¶
Citigroup Center¶
153 East 53rd Street¶
New York, New York 10022-4675¶
Roy Black, Esq.¶
Black Srebnick Kornspan & Stumpf P.A.¶
201 S. Biscayne Blvd, Suite 1300¶
Miami, FL 33131¶
August 21, 2008¶
Re: Jeffrey Epstein¶
Dear Jay and Roy:¶
Thank you for your response to my earlier letter. The U.S. Attorney’s Office shares in your desire to implement all of the terms of the Non-Prosecution Agreement. As you are aware, the jointly-approved Special Master, Judge Davis, has already selected an attorney representative, Robert Josefsberg, who was accepted by both parties. The Office has conferred with Mr. Josefsberg, who has agreed to continue in that role. In October 2007, Mr. Josefsberg expended time, effort, and funds in preparing to serve as the attorney representative, and he will need a written confirmation from you that his future fees and expenses will be paid in accordance with the terms of the Non-Prosecution Agreement. Please provide me with a copy of that correspondence for my file.¶
With that matter settled, I believe that the requirement for a joint written submission to the Special Master has been extinguished. Nonetheless, I have no objection to attempting to create a joint statement to assist Mr. Josefsberg in serving his duties. Regarding your suggestion that we ask Judge Davis to “offer the final word on how certain clauses should be interpreted and satisfied,” I believe that the Agreement speaks for itself.¶
Pursuant to the terms of the Agreement, following Mr. Epstein’s sentencing, the U.S. Attorney’s Office provided Mr. Epstein’s counsel with a list of the individuals whom it was prepared to name in an indictment as victims of an offense enumerated in 18 U.S.C. § 2255, and none of those names will be deleted. By his agreement, Mr. Epstein sought to resolve liability for all criminal activity known to the United States as of the time of his plea and sentencing, and he is responsible for damages to all victims of that criminal activity.¶
Copies of the victim notifications will continue to be provided to counsel for Mr. Epstein. Please let me know whether I should continue to list Mr. Goldberger as the point of contact for the civil litigation. Regarding your suggestion on the content of the notification letters, I intend to use the same format that was used in the letters previously approved by Messrs. Goldberger and Tein, except that I will include the language from the September and October agreements. I have enclosed a draft herewith. Because I previously provided the victims with incorrect information–albeit with the approval of Mr. Epstein’s counsel–it is imperative that I correct the error promptly. Accordingly, if you have any substantive objections to the letter, please advise me by tomorrow afternoon.¶
EFTA00067478¶
EFTA00067479¶