11/30/07 Acosta to Letkowski

EFTA00176795

U.S. Department of Justice

United States Attorney
Southern District of Florida

99 N.E. 4 Street
Miami, FL 33132

November 30, 2007

Kirkland and Ellis LLP

Citigroup Center

153 East 53rd Street

New York, New York 10022-4611

Dear Mr.

I am in receipt of your letter dated November 29, 2007. Your letter responds to a draft notice originally forwarded to you by Assistant United States Attorney at the request of our First Assistant. Should you have concerns, I would ask that you please address those with them in the first instance. I will forward your letter to them.

I am also in receipt of a November 28, 2007 letter from your co-counsel, Mr. This Office will provide a response shortly.

In the interim, I would note that since the signing of the September 24th agreement, more than two months’ ago, it has become clear that several attorneys on your legal team are dissatisfied with that result. Mr. Enstein’s defense team included yourself.

Agree.

Since then count

the terms of the Agre-

gement.

It is not the intention of this Office ever to require a defendant to enter a plea against his wishes. Your client has the right to proceed to trial. If your client is dissatisfied with his Agreement, or believes that it is unlawful or unfair, we stand ready to unwind the Agreement.

Sincerely,



R. Alexander Acosta

United States Attorney