12/7/07 Starr to Acosta EFTA00176205 12/07/07 FRI 15:31 FAX 1 213 680 8500 KIRKLAND&ELLIS LLP ☑ 001 # KIRKLAND & ELLIS LLP Fax Transmittal 777 South Figueroa Street Los Angeles, California 90017 Phone: (213) 680-8400 Fax: (213) 680-8500 Please notify us immediately if any pages are not received. 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. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED. AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY AT: (213) 680-8400.
To:Company:Fax #:Direct #:
Hon. R. Alexander AcostaUnited States Attorney's Office Southern District of Florida(305) 530-6444(305) 961-9100
From:Date:Pages w/cover:Fax #:Direct #:
Kenneth W. StarrDecember 7, 200734(213) 680-8500(213) 680-8440
EFTA00176206 12/07/07 FRI 15:31 FAX 1 213 680 8500 KIRKLAND&ELLIS LLP 002 # KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS Kenneth W. Starr To Call Writer Directly: (213) 680-8440 kstarr@kindand.com 777 South Figueroa Street Los Angeles, California 90017 (213) 680-8400 www.kirkland.com | Faceimile: | | :--- | | (213) 680-8500 | December 7, 2007 VIA FACSIMILE (305) 530-6444 Honorable R. Alexander Acosta United States Attorney United States Attorney’s Office Southern District of Florida 99 NE 4th Street Miami, FL 33132 Re: Jeffrey Epstein Dear Alex: As we discussed by phone earlier today, we will be providing submissions with respect to (i) concerns regarding the implementation of Section 2255, which raises, in our view, serious policy issues and (ii) concerns regarding the conduct and background of the investigation. We propose to have both submissions to you by no later than 3:00 PM on Monday December 10. In the meantime, we are furnishing herewith the independent ethics opinions of Judge Herbert J. Stern and Joe D. Whitley regarding the federal investigation of this matter, and the Section 2255 component of the Agreement, respectively. Please note that these opinions are in the process of being revised and updated. However, we send these opinions to you now to meet the tight deadline to which the parties have agreed upon. We will follow up with you by phone regarding our submissions before the close of business on Monday. As we discussed earlier today, these submissions will not be viewed as a breach of the Agreement. We, like you, are eager to achieve finality in this matter. Kenneth W. Starr cc: Honorable Alice Fisher, Assistant Attorney General Jeffrey H. Sloman, First Assistant U.S. Attorney
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