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Correspondence · Aug. 15, 2008

DOJ prosecutors' emails on withdrawing an Epstein NPA modification, Aug. 2008

Internal DOJ emails between AUSA an official and Alex Acosta discussing withdrawal of a non-prosecution agreement modification and production of the agreement.Machine-written summary

EFTA00193315

did not accept the December modification, and accordingly, the offer to make that modification is hereby withdrawn.

Pursuant to our Agreement, I will prepare an Amended Notification that contains the names of additional identified victims. As you know, Judge had selected the Podhurst firm to serve as the attorney representative for the victims. Assuming that Mr. Josefsberg is still amenable to the appointment, we will provide him with the victim list so that he may begin his service.

Finally, as you are aware, the United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. Goldberger did not provide the state court with a true copy of the complete Agreement, and he should take steps to correct that error.

A. Marie Villafaña Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777

-----Original Message----- From: Senior, Robert (USAFLS) Sent: Friday, August 15, 2008 1:34 PM To: Acosta, Alex (USAFLS); Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: Re: New proposed response to Jay

Shouldn’t we formally withdraw the offer as opposed to considering it a nullity?

----- Original Message -----
From: Acosta, Alex (USAFLS)
To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS)
Sent: Fri Aug 15 11:55:13 2008
Subject: RE: New proposed response to Jay

How about a slightly different version:

Thank you for your response. Our communications with Roy Black and later with you were solely to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. We appreciate your answering our question with finality. You have now made clear that Mr. Epstein did not accept the December modification, and accordingly, we will now consider that modification to be a nullity.

Pursuant to our Agreement, I will prepare an Amended Notification that contains the name of additional identified victims. In accordance with Paragraph 7B,

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