EFTA00208970.pdf

• From: Tuesda , S !ember 25, 2007 8:37 PM Jeer: era orneys Iiiw_ These four people were recommended. I have not contacted them to find out what their rates are. All arc very active in the plaintiffs' bar in the West Palm area. -would be my first choice of these four but I think he is conflicted out because one of his partners is married to an AUSA here. is probably my second choice. Talk to about this group. They are all very good personal injury lawyers, but I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage) if they proceed outside the terms of the plea agreement. (Sorry — I just have a bias against plaintiffs' attorneys.) One nice thing about his that he is in Miami where there has been almost no coverage of this case. • so you know, I have never met M, but a good friend in our appellate section and one of the district judge!' in Miami are good friends with him and recommended him. Can you let me know tomorrow? I am going to be out for a while starting on Friday, and I would like to get this underway before I leave. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, Fl. 33401 • • RFP MIA 000282 EFTA00208970  From: • mt: Wednesday, September 26. 2007 11:01 AM A: Subject: l i ttMeys Hi Can you give me a call at this morning? I am meeting with the agents and want to give them their marching orders regarding w at they can tell the girls. Also, please remove and from the list. There is too great a chance of an appearance of impropriety with and I received a bad report about last night. Thank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 From: ent: Tuesda Se ember 25, 2007 8:37 PM ub : r a orneys — These four people were recommended. I have not contacted them to find out what their rates are. All arc very active in the plaintiffs' bar in the West Palm area. would be my first choice of these four but I think he is conflicted out because one of his partners is married to an AUSA here. is probably my second choice. Talk to about this group. They are all very good personal injury lawyers, but I have concerns about whether there would be an inherent tension because they may feel that THEY might make more money (and get a lot more press coverage) if they proceed outside the terms of the plea agreement. (Sorry - I just have a bias against plaintiffs' attorneys.) One nice thing about is that he is in Miami where there has been almost no coverage of this case. It so you know, I have never met M, but a good friend in our appellate section and one of the district judges in Miami are good friends with him and recommended him. 1 RFP MIA 000283 EFTA00208971  Can you let me know tomorrow? I am going to be out for a while starting on Friday, and I would like to get this underway before I leave. • sank you. l(s ista,Mney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 • • 2 RFP MIA 000284 EFTA00208972 dant: nes ay, ep em er 11:49 AM Subject: VIM thing - Meaning no disrespect to these distinguished gentlemen, one of my criteria is that, if negotiations with you don't work out, they have the stamina to take you all to trial, so I politely decline your suggestion. From: Sent: W , ay, ptem t 00 11:1 M To: Subject: Re: One more thing Calling in 15 min. I have two other options. Both are retired circuit court judges, who do mediation now,l and Any thoughts? • — Ori 'nal Messa e -- From: Sent: 007 11:03 AM AST To: Subject: One more thing Did you send me the original signed agreement? I would like to sign that copy and return copies to you. ank you. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 RFP MIA 000265 EFTA00208973 • The information contained in this communication is onfidential, may be attorney-client privileged, may • nstitute inside information, and is intended only for Ate use of the addressee. It is the property of Kirkland & Ellis I.LP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to pogmaster@lcirkland.com, and destroy this communication and all copies thereof, including all attachments. • • 2 RFP MIA 000286 EFTA00208974  /1152 AM oubject: Conference Call with Hal firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what timcs work for you because Wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. 1 told that as part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we hadanned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Mijust that section of the plea agreement that applies to the damages claims (1 would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? 1 envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When wdt it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 3. Is there any cap or other limitation on attorney's fees that the defendant will pay n the civi case? t hat is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beac F 33401 RFP MIA 000287 EFTA00208975  rom: ant: Thursda Se tember 27 2007 10:57 AM 'subject: e: on erence a wi I am available around 4 pm today. Not precisely sure of the time yet. I will speak with my client in the interim. Or Fro 11 11 Sent: 09/27/2007 10:51 AM AST To: Subject: ili Mi aence Call with !Minn has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because -wants to get their conflicts counsel on the call with us. af ese are some of the questions he sent to me. I told M that as part of our agreement we (the federal vemment) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to .ing as related to 18 USC 2255. With respect to question 2, do I have your permission to send =just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? Assistant U.S. Attorney 1 RFP MIA 000288 EFTA00208976  500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster(Airkland.com, and destroy this communication and all copies thereof, including all attachments. • 2 RFP MIA 000289 EFTA00208977  Villafana, Ann Marie C. (USAFLS) tom: Villafana, Mn Marie C. (USAFLS) nt: Thursday. September 27. 2007 11:08 AM 'Jay Lefkowitz' oubjeet: RE: Conference CaN with Bert Ocariz Thanks, Jay. Can we make it 4:15 or later? I have a 3:30 that might run more than a half hour. And let me know about sending Ben the agreement language. That might aid our discussions because the firm will have a better idea of what the litigation will entail. A. Marie Villafria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay LefkowItz fmailto:JLefkowitz@kirkland.com] Sent: Thursday, September 27, 2007 10:57 AM To: Villafana, Ann Marie C. (USAFLS) Subject Re: Conference Call with Bert Ocariz I am available around 4 pm today. Not precisely sure of the time yet. I will speak with my client in the interim. Original Message From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov) Sent: 09/27/2007 10:51 AM AST To: Jay Lefkowitz Subject: Conference Call with Ben Ocariz Hi Jay — Ben's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. These are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal government) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? 1 envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. S an we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 1 RFP MIA 000290 EFTA00208978 . • 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? • Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? A. Marie Villafaria Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820.8777 e information contained in this communication is fidential, may be attorney-client privileged, may ,frnstitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterOkirkland.com, and destroy this communication and all copies thereof, including all attachments. • 2 RFP MIA 000291 EFTA00208979  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Thursday, September 27. 2007 3:06 PM 'Jay Lefkowitz' oubject: RE: Conference Call with Bert Ocariz Hi Jay — I already told Bert that there is no indictment and, as I mentioned, he doesn't really need to/want to see the entire plea agreement, just the relevant paragraphs so that he understands what the scope of his representation will be. 1 think they would be happy knowing that their hourly rate will be paid when it is billed. The concern is, if all 40 girls decide they want to sue, they don't want to be in a situation where Mr. Epstein says this is getting too expensive, we won't pay any more attorneys' fees. Two suggestions, that 1 haven't run past Bert. are: I. Mr. Epstein signs a standard fee agreement, where one of his attorneys or accountants who is not working on the damages litigation receives a monthly bill with attorney's fees charged at an hourly rate and costs billed monthly. The bills will have any privileged information redacted. If there is a dispute about a bill that cannot be resolved, it will be submitted to a mediator for resolution. 2. If that is too open-ended for Mr. Epstein, do the hourly/monthly billing until Bert has had a chance to confer with all of the girls to determine how many want him to represent them. Once it is known how many girls will be represented by Bert, and maybe who those girls arc, there can be a more educated discussion about estimated fees and costs. t some food for thought. 1 will be out of the office tomorrow, but I will be reachable by cell phone. I will *aim sure Bert is available and confirm the time with you. A. Marie Villafatia Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Jay Lefkowitz [mailtoaefkowitz@ldrkland.com] Sent: Thursday, September 27, 2007 2:53 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Conference Call with Bert Ocariz Marie - I will not be able to get back to you until tomorrow. However, some of the questions he raised cause me some serious concern. I. Can we get a copy of the indictment (or can you tell me the nature of the crimes against the girls)? Certainly he should not get a copy of any indictment. W hen will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? I don't think he should get the plea agreement either. 1 RFP MIA 000292 EFTA00208980  3. Is there any cap or other limitation on attorneys fees that the defendant will pay in the civil case? I can't imagine he would be entitled to anything other than an hourly fee. 0 What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? In any event, I need to consider these issues carefully and I cannot agree to any of these issues before we speak. I would suggest we plan on talking tomorrow at 12 pm if you are available. Jay ---- Original Message From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.govj Sent: 09/27/2007 10:51 AM AST To: Jay Lefkowitz Subject: Conference Call with Bert Ocariz Hi Jay — Bert's firm has raised a number of good questions about how they are going to get paid and setting up a procedure that avoids any conflict of interest with their clients. Are you around today to do a conference call? Let me know what times work for you because Bert wants to get their conflicts counsel on the call with us. Ilk ese are some of the questions he sent to me. I told Bert that as part of our agreement we (the federal vernment) are not going to indict Mr. Epstein, but gave him an idea of the charges that we had planned to bring as related to 18 USC 2255. With respect to question 2, do I have your permission to send Bert just that section of the plea agreement that applies to the damages claims (I would recommend sending paragraphs 7 through 10, or at least 7 and 8)? Can you talk with your client about items 3 and 4? I envisioned Shook Hardy sending regular bills to you, with any privileged information redacted, and being paid like every other client pays the bills. 1. Can we gel a copy of the indictment (or can you tell me the nature of the crimes against the girls)? 2. When will it be possible to see the plea agreement so that we understand exactly what Epstein concedes to in the civil case? 3. Is there any cap or other limitation on attorney's fees that the defendant will pay in the civil case? 4. What is the contemplated procedure for, and timing of, the payment of attorney's fees and costs? Illyvfarie Villajarla Assistant U.S. Attorney 2 RFP MIA 000293 EFTA00208981 " 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 • ione 561 209-1047 Fax 561 820-8777 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return c-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments. • 3 RFP MIA 000294 EFTA00208982  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C.(USAFLS) wit: Wednesday, October 03,2007 3:15 PM Jay Lefkowitz subject: RE: Attachments: Special Master Proposal.wpd Hi Jay -- This afternoon is fine. Here is the memo that I put together. Just let me know where I should call you at 4:00. Thanks. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 Original Message From: Jay Lefkowitz (mailto:JLefkowitz@kirkland.com] Sent: Wednesday, October 03, 2007 10:53 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Guy Lewis Subject: • - ould we try to have a call this pm? I am free much Illi the afternoon. Best is around 3 or 4 pm. 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasteriikirkland.com, and destroy this communication and all copies thereof, including all attachments. • Tracking: 1 RFP MIA 000295 EFTA00208983 Recipient Read Jay Letkowitz Sloman, Jeff (USAFLS) Read: 10/3/2007 3:38 PM 2 RFP MIA 0002% EFTA00208984  PROPOSAL FOR SELECTION OF ATTORNEY TO REPRESENT VICTIMS 1. Select a Special Master. 2. Provide the Special Master with: a. a joint list containing the names of five attorneys; b. a joint statement of relevant facts regarding the case; c. each party's list of criteria; d. a copy of the relevant portion of the Non-Prosecution Agreement (discussing the role of the attorney for the victims); and e. a proposed retainer agreement. 3. Each attorney on the list can provide the Special Master with information regarding his/her experience, firm size, etc. 4. The Special Master can interview any or all of the attorneys as the Special Master deems appropriate. 5. The Special Master will provide us with the top three choices (in order). The first attorney will be contacted and a conflicts check will be run. If there is a conflict in representation, the second attorney will be contacted, etc. RFP MIA 000297 EFTA00208985  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C.(USAFLS) 109nt: Wednesday, October 03, 2007 3:38 PM Jay Lefkowitz Subject: RE: That is fine. I'm sorry I didn't get your e-mail sooner. Since I am out of the office, the best way to reach me is on my cell, or you can send an e-mail (which becomes a text message) to Tomorrow I am available early in the morning (7:00 to 7:45), or at 8:30, or at 5:00, or after 6:45. Thanks. A. Marie Villafaila Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 Original Message From: Jay Lefkowitz [mailto:lLefkowitz@kirkland.com] Sent: Wednesday, October 03, 2007 3:30 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: lillrie - I appreciate your taking a stab at this. There is a lot here, and I don't want to give you any reaction before I speak with my client. I will let you know as soon as I do so we can speak about it. But 4 pm will certainly be too soon. Jay Original Message From: "Villafana, Ann Marie C. (USAFLS)" [Ann.Marie.C.Villafana@usdoj.gov] Sent: 10/03/2007 03:15 PM AST To: Jay Lefkowitz Subject: RE: Hi Jay -- This afternoon is fine. Here is the memo that I put together. Just let me know where I should call you at 4:00. Thanks. A. Marie Villafaha Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 • Original Message From: Jay Lefkowitz (mailto:flefkowitzfikirkland.com] 1 RFP MIA 000298 EFTA00208986 a Sent: Wednesday, October 03, 2007 10:53 AM To: Villafana, Ann Marie C. (USAFLS) Cc: Guy Lewis ilirbject: Should we try to have a call this pm? I am free much of the afternoon. Best is around 3 or 4 pm. 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. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmastenOkirkland.com, and destroy this communication and all copies thereof, including all attachments. The information contained in this communication is confidential, may be attorney-client privileged, may stitute inside information, and is intended only for lee use of the addressee. It is the property of .irkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmasterlkirkland.com, and destroy this communication and all copies thereof, including all attachments. • 2 RFP MIA 000299 EFTA00208987 Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) nt: Wednesday, October 03, 2007 4:23 PM Jay Lefkowitz ..object: Proposed Letter to Special Master Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. PROPOSED ter to Special Ma A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 • • Tracking: RFP MIA 000300 EFTA00208988 Recipient Read Jay Letkowitz Siciman. Jeff OJSAFLS) Read: 10/3/2007 4:43 PM 2 RFP MIA 000301 EFTA00208989 • PROPOSED JOINT LETTER TO THE SPECIAL MASTER Re: Special Master: Privileged and Confidential Dear Sir: The undersigned, as counsel for the United States of America and Jeffrey Epstein, jointly write to you to provide information relevant to your service as a Special Master in the selection of an attorney to represent several young women who may have civil damages claims against Mr. Epstein. The U.S. Attorney's Office and the Federal Bureau of Investigation (jointly referred to as the "United States") have conducted an investigation of Jeffrey Epstein regarding his solicitation of minor females in Palm Beach County to engage in prostitution. Mr. Epstein, through his assistants, would recruit underage females to travel to his home in Palm Beach • to engage in lewd conduct in exchange for money. Based upon the investigation, the United States has identified 40 young women who can be characterized as victims pursuant to 18 U.S.C. § 2255. Some of those women went to Mr. Epstein's home only once, some went there as much as 100 times or more. Some of the women's conduct was limited to performing a topless or nude massage while Mr. Epstein masturbated himself. For other women, the conduct escalated to full sexual intercourse. As part of the resolution of the case, Mr. Epstein agreed that he would not contest jurisdiction in the Southern District of Florida for any victim who chose to sue him for damages pursuant to 18 U.S.C. § 2255. Mr. Epstein agreed to provide an attorney for victims who elected to proceed exclusively pursuant to that section, and agreed to waive any • challenge to liability under that section up to an amount agreed to by the parties. RFP MIA 000302 EFTA00208990 • The parties have agreed to submit the selection of an attorney to a Special Master. Attached hereto is a list of five attorneys whom the parties have agreed should be considered by the Special Master for selection. Also attached hereto is a memorandum explaining the anticipated duties and responsibilities of the attorney who is selected, and that portion of the agreement between the United States and Mr. Epstein addressing the attorney's role. Each attorney has provided some background information regarding his or her practice, experience, and other relevant factors. The Special Master may contact any or all of those attorneys for additional information, as the Special Master deems appropriate. Each party will also provide the Special Master with a list of the criteria that the party believes should be considered in making the selection. If the Special Master has any questions regarding the criteria, he may contact the relevant party to inquire further, as he deems appropriate. • The parties ask that the Special Master "rank" the top three attorneys, in case one or more has a conflict that prevents him or her from accepting the representation. The parties thank you for your willingness to conduct this task as a pro bono publico matter. Please do not hesitate to contact us if you need any further information. • RFP MIA 000303 EFTA00208991 Villafana, Ann Marie C. (USAFLS) (IF Villafana, Ann Marie C. (USAFLS) Wednesday, October 03. 2007 7:30 PM Jay Lefkowitz .sUbject: RE: Proposed Letter to Special Master Hi Jay -- That was simply a draft for discussion purposes. I am hoping that we will send such a letter jointly, once we have finalized the process and pick a master. Thanks. From: .lay Lefkowitz [mailto:Jlefkowitz@kirkland.comj Sent: Wed 10/3/2007 4:26 PM To: Vineland, Ann Marie C. (USAFLS) Subject: Re: Proposed Letter to Special Master Marie - I, too, am interested In speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay "Vallafana. Am Mari* C. (USAFLS)" To 'Jay Ledtcreitz- ctILdsoyetznitAland.com> <AnnAlasii.C.VIllalansttusdOidapv> cc SuOpect Proposed Letter to Special Master 101012007 04 74 PM Hi Jay - To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdf» A. Mark Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 RFP MIA 000304 EFTA00208992  Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) ent: Friday, October 05, 2007 7:49 AM Jay Lefkowitz -subject: RE: Proposed Letter to Special Master Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman. Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell (561 601-2301) and let me know which of those times works best for you. Thank you. From: Jay Lefkowitz [mailto:3Lefkowitz@kirkland.com] Sent: Wed 10/3/2007 4:26 PM To: Villafana, Ann Marie C. (USAFLS) "Object: Re: Proposed Letter to Special Master Marie - I, too, am interested in speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay 'Villeins, Ann Marl* C. (USAFLS)' To ;lay Lefkowitz" <JLefkomta0kirkland.com> cAnn.Marie.C.VIllafanatusdoloov> cc Subject Proposed Letter to Special Master 10/03/2007 04:24 PM Hi Jay — To move things along, I also have enclosed the proposed text of a letter to the Special Master. «PROPOSED Letter to Special Master.pdf» A. Marie Villafaiia Assistant U.S. Attorney • 209-1047 RFP MIA 000305 EFTA00208993 • Fax 561 820-8777 • • • 2 RFP MIA 000306 EFTA00208994  Villafana, Ann Marie C. (USAFLS) From: . nt JayLefkowttIpLefkomaziDkirMand.coml Friday, October 05.2007 11:04 AM Villedana,AnnhiarieC.(USAFLS) ...c: Loude, Andrew; wilapirm@vioddnetaftme; glewis@lewiMeincom Subject: RE: Proposed Letter to Special Master Attachments: PROPOSED Letter to Special Master.pdf; Special Master ProposeLudt; Ltr from Lefkowitz to ),IiiWane (Oct. 5, 2007)_(12135690_4DOC Marie, Attached is a letter responding to your latest proposals. For your convenience, I've also attached your prior e-mails and attachments regarding this matter so that you can easiy see what I am responding to (see the chain below). If you are avaiable, I'm free to talk at 5:30 this evening. We can use my usual call-in number at (866) 462.0164. The code is '4464970*. Thanks, Jay • "Mean; Ann Merle C. (USAFUIr To *my Lefradite c althaengakiddrigSZP cAnn.Marle.C.VNIstanafluidolore Subject RE: Peopose0 Lett lo Special Mauler 10/052007 07:45 AM Good morning, Jay. We need to resolve the attorney issue today. It has been weeks since execution of the contract, and there is no need for further delay. As far as the five attorney names that we will be providing, I propose Bert Ocariz, Katherine Ezell at Podhurst Orseck, Stuart Grossman, Ed Rogers, and Walter Cobath. If you would like to use the same Special Master to resolve fees disputes as well as to handle the selection of the attorney, I would recommend that we use retired 11th Circuit Judge Joseph Hatchett instead of Judge Davis because of Judge Davis's health problems. (No one has contacted Judge Hatchett yet, but one of the District Judges in Miami mentioned him as a good choice.) I am available for a conference call between 9:00 and 10:00, and between 3:15 and 6:00. Please call me on my cell (561 601-2301) and let me know which of those times works best you. ank you. 1 RFP MIA 000307 EFTA00208995  From: Jay Lefkowitz (mailto:JLefkowitz@kirkland.comi Sent: Wed 10/3/2007 4:26 PM Villafana, Ann Marie C. (USAFLS) bject: Re: Proposed Letter to Special Master Marie - I, too, am interested in speed. But I really need to go over this and then discuss with Jeffrey. So please do not send this to any Special Master before we discuss the next steps. Thanks -- Jay "Villafana, Ann Marie C. (USAFLS)" cAnn.Marie.C.VillafanaOusdoj.gov> 10/03/2007 04:24 PM To "Jay Lefkowitz" <JLefkowitzBkirkland.com> cc Subject Proposed Letter to Special Master III,Jay - To move things along, I also have enclosed the proposed text of a letter to the apecial Master. «PROPOSED Letter to Special Master.pdf» A. Marie Villafana Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 'Malaria. Ann Marty C. (USAFLS)' To "Jay Leficovaitte calLerkowitalltkirkland.com> .4Ann.Markt,VAllefonseusdoLoov> cc Subject Proposed Letter to Special Master 10/03/2007 04:24 PM Hi Jay — To move things along, I also have enclosed the proposed text of a letter to the Special Master. •ROPOSED Letter to Special Master.pdf» A. Marie Villafatia 2 RFP MIA 000308 EFTA00208996 . Assistant U.S. Attorney 561 209-1047 • x 561 820-8777 C ViUlan.. Ann Made C (USAFLS)" <Ann Mat4 VMaiilnatin0QA OCONI> To 'Jay Lens:Pate <JleOkomezi5lIkekland we> cc SuMeM Memo m PDF format 10;03/7007 03 18 PM Hi Jay - In case you can't open the other version, here it is in pill «Special Master Proposai.pet» A. Marie Villafada Assistant U.S. Attorney 561 209-1047 O X 561 820-8777 • 3 RFPMIA000309 EFTA00208997 • Kenneth W. Stan To Cal Writer Directly: 213 6804440 kstarteltirkland com Dir. Fax: 213480-6500 October 5, 2007 VIA FEDERAL EXPRESS A. Marie Villafana United States Attorney's Office Southern District of Florida 500 South Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Marie: I write in response to your emails dated October 3, 2007 in which you propose the use of • a Special Master to select an attorney representative (the "selected attorney"), a general outline of how the selected attorney should proceed pursuant to the Federal Plea Agreement (the "Agreement"), and a drag joint letter to the Special Master. Below, I've outlined our main areas of concern with the approach you have taken in your proposed drafts. Once we can come to a resolution on the issues detailed herein, we would be happy to cooperate with you on the specific drafting of the proposals. First, the Agreement does not provide for the appointment of a Special Master to appoint the selected attorney. In fact, the Federal Plea Agreement clearly states that "the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons." (Paragraph 7, Agreement). Thus, the Agreement only contemplates the selection of one selected attorney who will represent the identified individuals in a limited capacity. We see no need for the appointment of a Special Master, nor does the Agreement call for one. Second, if the parties cannot settle on a damages amount with Mr. Epstein, then the selected attorney may not continue his representation and is barred from filing lawsuits pursuant to § 2255. Paragraph 7 and Paragraph 8 of the Agicciiient outline the scope and manner of representation of the identified individuals. Specifically, Paragraph 7 defines who may be represented by the selected attorney and Paragraph 8 outlines the terms of that representation. And under Paragraph 8 of the Agreement, the selected attorney is only appointed to protect the interests of those individuals who elect to waive any claim for damages other than the damages agreed to by the parties. Paragraph 8 states: • RFP MIA 000310 EFTA00208998 • October 5, 2007 Page 2 If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over this person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. Paragraph 8 addresses how Mr. Epstein's waivers are triggered pursuant to a settlement with each identified individual. The Agreement's silence with respect to what happens if the parties cannot settle on a damages amount indicates that the parties intended for the scope of the selected attorney's representation to be limited to settling claims with Mr. Epstein, not • representing these identified individuals in § 2255 lawsuits. Otherwise, the selected attorney will be faced with serious conflicts of interest. For instance, if Mr. Epstein agrees to pay for the selected attorney's fees and monthly expenses, then the selected attorney would effectively be incentivized to reject settlement under § 2255 in an effort to draw out the lawsuits and incur more fees. If allowed to represent the identified individuals in a lawsuit, the best interests of each identified individual may not be served because the selected attorney will always be more interested in pursuing lawsuits in lieu of settling claims against Mr. Epstein efficiently and fairly. Multiple representation of a group of individuals that elects to settle on damages as well as one or more individuals who reject settlement carries with it the heightened potential for irreparable conflicts. For example, a conflict could arise if the selected attorney represents both a client who may be a potential witness and a client who is a civil plaintiff. And the fact that Mr. Epstein could pay compensation to the plaintiff's attorney in such a case only underscores this conflict. The procedure we propose is reasonable and consistent with the Agreement and intention of the parties: the selected attorney should evaluate the claims of each identified individual, negotiate a total fund amount with Mr. Epstein, then distribute the monies based on the strength of each case. For those identified individuals who elect not to settle with Mr. Epstein, they may proceed on their own, but by doing so, they would not be suing under § 2255 as contemplated by Paragraph 8 and therefore may not continue to be represented by the selected attorney. • RFP MIA 000311 EFTA00208999 • October 5, 2007 Page 3 Third, if the identified individuals choose not to settle with Mr. Epstein, he will not waive liability for those individuals whose claims are not settled by the selected attorney. Paragraph 8 is clear that Mr. Epstein will only waive § 2255 liability so long as each identified individual proceeds exclusively under § 2255 and agrees to waive damages other than "an amount as agreed to between the identified individual and Epstein." (Paragraph 8, Agreement) This interpretation is supported by your own language in the draft proposed joint letter to the Special Master ("Mr. Epstein...agreed to waive any challenge to liability under that section up to an amount agreed to by the parties."). Consequently, those identified individuals who choose not to settle with Mr. Epstein are not covered by the Agreement and will have to prove, among other things, that they are victims under the enumerated statutes. Fourth, our objections to the appointment of a