EFTA00183815 BURMAN, CRITTON LUTTIER & COLEMAN, LLP YOUR TRUSTED ADVOCATES # A LIMITED LIABILITY PARTNERSHIP J. MICHAEL BURMAN, P.A.¹² GREGORY W. COLEMAN, P.A. ROBERT D. CRITTON, JR., P.A.¹ BERNARD A. LEBEDEKER MARK T. LUTTIER, P.A. MICHAEL J. PIKE DAVID A. YAREMA 1 FLORIDA BOARD CERTIFIED CIVIL TRIAL LAWYER 2 ADMITTED TO PRACTICE IN FLORIDA AND COLORADO March 4, 2010 Roy Black, Esq. Black, Srebnick, Kornspan & Ptumpf 201 S. Biscayne Boulevard, Suite 1300 Miami, FL 33131 Martin G. Weinberg, Esq. Martin G. Weinberg, PC 20 Park Plaza, Suite 1000 Boston, MA 02116 Re: Jeffrey Epstein Dear Roy and Marty: This letter represents my thoughts on issues concerning the NPA and my ability to fully defend Mr. Epstein in the civil case recently filed by Mr. Josefsberg. Based on a State criminal court ruling last summer, the Non-Prosecution Agreement ("NPA") was made available to the public. With regard to the civil aspect of the NPA, specifically paragraphs 7 and 8 (including the Addendum), our interpretation has been substantially different from that of the attorney representative, Mr. Josefsberg, and other attorneys representing alleged victims. They have interpreted those civil portions of the agreement to assist them in their civil cases in a manner which we believe is inconsistent with both the written word and the intent of the NPA. Mr. Epstein has continued to fulfill his responsibilities under all aspects of the NPA. Mr. Josefsberg has represented or currently represents twelve individuals. Of those twelve individuals, eleven have resolved their claims. Of those eleven claims, only two individuals filed contested litigation, Doe 101 and Doe 102. Mr. Epstein and Mr. Josefsberg have attempted to resolve the issue associated with attorneys fees and costs. Mr. Epstein has, as you know, paid an excess of $500,000.00 toward the claimed outstanding fees and costs. It is the belief of all attorneys who represent Mr. Epstein that the fees and costs incurred by the attorney representative (for many attorneys and consultants) are excessive and duplicative. Mr. Epstein provided Mr. Josefsberg a signed Special Master Agreement for resolving the fees/costs issues in February 2010, in substantially the same format which was agreed upon as of December of 2009. The only significant change was use of an out-of-state special master. We were advised by Mr. Josefsberg and Mr. Podhurst that they no longer agree with using that process. 303 BANYAN BOULEVARD · SUITE 400 · WEST PALM BEACH, FL 33401 · PHONE: 561-842-2820 · FAX: 561-844-6929 · MAIL@BCLCLAW.COM WWW.BCLCLAW.COM EFTA00183816 March 4, 2010 Page 2 Doe 103 now has been filed. While Mr. Epstein clearly recognizes his obligation under the NPA to waive liability to a single predicate offense, Mr. Josefsberg has filed an action asserting multiple counts against Mr. Epstein based on multiple predicate acts, including one wherein the statute was not even in effect at the time of the alleged violation. Mr. Josefsberg is also aware and agreed that Mr. Epstein could file a declaratory action related to the interpretation of the NPA. Mr. Josefsberg reserved the right to contest issues that might be raised in such an action. It is facially unfair, unjust and inconsistent with the spirit and intent of the NPA that Mr. Epstein be precluded from fully defending himself (except for the waiver of liability as to a single act) especially where no facts exist to support the claim, a statute was not in effect at the time of the alleged incident, etc. It is my understanding that you are sending a letter to the USAO. I have no objection to your including my letter which expresses some of my concerns with which Mr. Epstein is now confronted based on Mr. Josefsberg's interpretation of the NPA. While I am not asking the USAO to confirm Mr. Epstein and his attorneys' interpretation of the NPA and/or its spirit and intent, I would request that the USAO give Mr. Epstein the opportunity to fully defend himself, in the civil suit, except for that which is specifically required of him under the NPA. Cordially yours, Robert D. Critton, Jr. RDC/clz