EFTA00193279

<table border="1"><tr><td>From:</td><td>Jay Lefkowitz [mailto:JLefkowitz@kirkland.com]</td></tr><tr><td>Sent:</td><td>Friday, August 15, 2008 10:53 AM</td></tr><tr><td>To:</td><td>Villafana, Ann Marie C. (USAFLS)</td></tr><tr><td>Cc:</td><td>Atkinson, Karen (USAFLS); Roy BLACK; Martin Weinberg</td></tr><tr><td>Subject:</td><td>Re: Follow-up point</td></tr></table>

Marie - thanks for responding to my email. You have narrowed down some of the implementation issues.

As I told you this morning, we cannot accept your contention that Mr. Epstein is bound by an agreement he didn't sign as opposed to one he did sign, particularly in light of my written communications to your office dated December 21, 2007 and December 26, 2007. However, before we can make a determination whether to adopt the December language as you have now explained it, we need to confer with our client, which we will be able to do within the next two weeks.

I look forward to speaking with you soon to resolve these issues.

Jay

From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov]

**Sent:** 08/14/2008 03:27 PM AST



To: Jay Lefkowitz



Cc: "Atkinson, Karen (USAFLS)" <Karen.Atkinson@usdoj.gov>; "Roy BLACK"

<RBLACK@royblack.com>

**Subject:** RE: Follow-up point

## Dear Jay:

The modification contained in the December letter is clear and simple, that is why we were not surprised by Mr. Epstein’s and his attorneys’ actions affirming acceptance of the modification. Mr. Epstein’s acceptance of the modification by pleading guilty was equally clear and simple -- it followed written communications from Mr. Sloman and myself that read: “Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney’s December 19thletter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment.”

As clearly stated in the December letter, only those “individuals whom [the United States] was prepared to name in an Indictment as victims of an enumerated offense” are the beneficiaries of the agreement. That is the list of names that I provided to Messrs. Goldberger and Tein following the change of plea. Under the September/October agreement, all “individuals whom [the United States] has identified as victims” are the beneficiaries, so I would prepare a supplement to the earlier list to include identified victims whom we were not yet prepared to name in an indictment.

Again, as stated in the letter, the modification replaces paragraphs 7 and 8 of the Agreement, including paragraphs 7A through 7C that are included in the October Addendum. This means that Mr. Epstein’s waiver of “his right to contest damages up to an amount as agreed to between the identified individual and Epstein” will no longer exist, nor will Mr. Epstein’s obligation to pay for the victims’ counsel. Paragraphs 9 and 10 are still in effect. This includes the statement that there is no admission of civil or criminal liability, and that,

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