EFTA00192825.pdf

015A PAW t-intiV re__Pr EFTA00192825  Ita)* " 1-°- ermi F Acer_447-42",-- ti-eintrtzeieit4`tgzikti cAte._ _c≥citin-milorkficalio\-n _____,Ky- vidYeLoc -hd- IiMdtfj- 415 coo_ b_- octeasi4 airaidynd_ sae- -.[€-* ole-4asi_co2 tActaiek- J:_e k;-cow,i1 ini2to,sittrudin '0 _LO-- name_z_atnar /-1,6 elio a_ _yz4__er.ae (sit rA,,v,"atat., , We frizaLth_takii it/IK .Med_a_ted.etact iekt .ir_tt a/42f unr vick,s_, _tuff° d pc'iwiii nsclial<7-4 Aciasea, ' ca-at a ;- ? 4.aletds, 41) lent _oil .I -2met-A.1 astai ..._. __ e. / will pia_ .. ---)-- - - - if___ _tat ofitstiti,,t.. e„ mSattw ma EFTA00192826 . \c' '' ',3cLrt:i n erggc:jur cv-0 Into co -cct.P‘,0,1 Hi‘ 3\ ue" f" \ ISC._tut_ipLArtift an _arf.V.-krtu_A niklilv, fineuthY4 kik -- he kt..(ilislisPeriTketisALsTaili ____./ 2_ cfa-:_courgi ----- ------ - -------------_------__ _ . _ __ _____ _ __ Isstm • re w fcm_k-+kJ _Lhi_ eity LLt_901.4-t Rlo _ _____ .__TA.N.loc_ih(\______L-szivt.-is-cut rein or in 'Ucl. tyl -1-kt civil st.xk.fs ocreinest Vse, Cos4Ci, ; d 4f-\w.1"nexyhey.411 aogotit i prisms 4-0.1 lam' ju-en 14. CI:katik-k War. ea.,,_ i. Lze_ lukaybro, O14/ cant uproetka onicadmitAt-g- . -- - --- ------ ---- -- ------ -------- -- — EFTA00192827 .08/18/2008 17:40 FAX gh 002/003 KIRKLAND & ELLIS LLP ANti lice01.10 Cnnlor 163 EOM 6.3rd SOOOI Now York. Now York 10022-4611 Jay P. Letkowilz. P.C. rcsmokt: To Coll Woke °weeny* (212) 446.4970 (312) 446-4300 a )14$.4900 Sakovnizttkokiana.coni WWW.Silthlond corn August 111, 2009 WA FACSIMILE (561) 820-8777 A. Marie ViIlalana United States Attorney's Office Southern District of Florida MX) South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear Marie: 1 write in response to your letter dated August 15. 2008 regarding the civil restitution portion of the Deferred Prosecution Agreement (the "Agreement"). Thank you for confirming our position that the December modification proposal is not part of the Agreement. As expressed by U.S. Attorney Acosta in his December 19.2007 letter, the unorthodox use of a civil restitution 'statute in a federal plea agreement, which resulted in state charges against Mr. Epstein. has caused several miscommunications with respect to the implementation of the terms of that Agreement. in order to avoid any further miscommunications and to ensure that the IS U.S.C. § 2255 aspects of the Agreement are carried out in a proper manner. it would he useful to come to an agreement as to the implementation of the civil restitution portion of the Agreement. As we have previously stated. Mr. Epstein Atli," intends to abide by the terms of the Agreement, and we hope you appreciate that our efforts to resolve any misunderstandings between Mr. Epstein and the government about the terms of the Agreement are intended only to ensure that it is carried out IhIly and fairly. In an elibrt to avoid having either party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. It would he extremely helpftd to both sides to have an independent third party consider the Agreement and offer the final word on how certain ii iIC s should be interpreted and satisfied. Because the government has already enlisted Judge to select the attorney representative under the Agreement, we would be amenable to his serving in this role. In order to come to an agreement on the exact procedure by which the identified individuals will obtain restitution. I am providing you with our thoughts on three issues below. Chicago Hong Kong London l.rn Angolan Munldi $an Francisco Waahingtbn. D,C, EFTA00192828 08/18/2008 17:40 FAX aim/003 KIRKLAND & ELLIS LIT A. Marie Villafana August 18. 2008 Page 2 Once we come to an agreement on the following and you provide a complete and final list of identified individuals. it will be appropriate to notify them. First. L am concerned by your suggestion that you might want to increase the number of individuals on the government's list. I had expected the number to have become smaller, because when we spoke prior to signing the agreement, you told me that the government already had a list, and we were informed thereafter that the September 24. 2007 list had been narrowed. Certainly. anyone who was not on the list prior to September 24. 2007 cannot permissibly he added to the list. Second. we will cooperate with the government to reach to an agreement as to substance of the notification to be sent to the government's list of individuals. Based on the Agreement. the information contained in the notification should he limited to (I) the language provided in the Agreement dealing with civil restitution (paragraphs 7-10) and (2) the contact information of the selected attorney representative. We object to the inclusion or additional information about the investigation of Mr. Epstein, the terms of the Agreement other than paragraphs 7-10. and the identity of other identified individuals. Third, as you are aware. the Addendum requires that "the parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her customary hourly rate for representing such victims subject to the provisions of Paragraph C. infra." We will certainly cooperate with the government to draft such a joint submission and would be pleased to submit draft language to you for such &joint submission. I look forward to working with you to resolve these matters. 1 believe we have a mutual interest in moving past all or these issues so that the civil restitution aspects of the Agreement can be fulfilled. Sincerely. aW te I.elkowuz cc: Karen Atkinson. Chief. Nonhern Division EFTA00192829  KIRKLAND & ELLIS LLP APIA AiintAll Is rAcleartmtric Citigroup Cantor 153 Emu 03rd Slrooi Jay P. Leikowilz, P.C. Now York, Now York 10022.4011 Poc.surrile: To Cad Wolof °Morily I ) o4G-4900 (212) 444-4000 Ialkwwlitrlurkland.conl WWW.kl(kitUln COT August IS, 2008 VIA If/WSJMILK (561)1420-8777 A. Marie Villalbna United States Attorney's Office Southern District of Florida 500 South Australian Avenue. Suite 401) West [calm Beach, Florida 33401 .lie: ./qtrrcy Rpsich: Deer Marie: I write in response to your letter dated August }5; 2(108 regamlirtg *the civil 'restitution .......4.001.11011110.be..1,gfettftttattwutiorvAgicsinisa (the ..!Afeenien1")...,:fluolic.304ii-for4OttLirissi!Ig _.,. .,.. •• • ourposition Tint at thc-Deeember m . is not part of ihe .Agieement. As expressed by 11.S. Attorney Acosta in his December. 19.2007 loner, the unorthodox use of a eiVitreatitUtion 'statute in a federal plea agreinient which readied in state charges ttgainst•Mr. Epstein..has caused several miscommunications with respect to the implementation of the terms of that Agreement. in order to avoid any further miscommunications and to ensure that the IS U.S.C. § 2255 aspects of the. Agmaineni are carried out in a proper Manner. it would be useful to come to 4n; 4grepittinlksk#-:$4)4:ifIllilFtnPOIntion of the civil ros.04010,11./44_104.k 91 the Agreement, As 144.4*PPONIPIAY.:10,44:4*. iblly intends To abirleltIkeAdns.Of he Agreernent,nfitd SA! 'avoiscitioiikm bur enbris to resolve any M NAM*, OT..1700601• 'and the govenatikg.tinHatfitrit Vie terms or the Agreement are intended. Only to ensure that it is carried (awfully and fairly. • in art eflbrt to • avoid having either party unintentionally Entach the. Agreement. we suggest that steps be taken to clarify the meanhig of paragraphs 7-10. It would he .eitremely • hetlpful to both sides in, have an independent thlid party.consider . Agreeniem and-offcl the • finatmord OIi how win* elduRes shdtdd be InterPreied and siditfled: liveause th&itmiertiment. has already enlisted ;tat; Davis to 'Select the attorney repreSeltiatiye under the Agmeincni. We. would be amenable lo his serving in this role. • • In order to come to on agreeMent on .the exact procedure by whieb Idenutiud individuals will obtain restitution; I am•providing you with our thoughts on diree.iasues below. . CeICSOck Hong Kong London Los Angolos Munich -Snn Francesco W$shrnglixl, D.C. EFTA00192830  1~vv %if UV %I KIRKLAND. & ELLIS LLP A. Marie Villafana August 13.3008 Page 2 Once we come to an agreement on the (*lowing and you provide a complete and final list of identified individuals, it will be appropriate maytify them. First. I am concerned by your suggestion that you might want Jo increase the number of individuals. on the. government's list. I had expected the ;number to have become smaller, because when we spoke prior to signing the agreement. you told me that the government already - had a list, and we were informed thereafter that the September 24. 7.007 list hod been narrowed. Certainly, anyone who was not on the list prior. to September 24, 2007 cannot' pennissibiy he added to the list. . . . Second, we will cooperate with the govcinntent to reach to an agreement as to Substance* . of the notification to be sent to the government's list of individuals: Rused on the Agreement. the infortnation contained in the notification should he limited to (I y the language provided in the Agreement dealing with civil reStltutionfparagraphs 7-10) and (2):the contact inf0rmation of the selected attorney representative. We object to the inelusion of additional information about. the . investigation of Mr. limteins.tlic tarns of the Agreement other than paragraphs 'M 0. and the identity of atter identified individuals. • • • Third, as •y0u are aware, the Addengitt ires that ."the parties El jointly prepare i:100106fri i lig iltt•MIE: of um-attbini• .* representative and.regarding lipstein:s. Agreement to pay such attorney representative his or her customary hourly amt. for representinisuch victims subject to the provisions of Paragraph' C, itifta." We will certainly cooperate with the government to draft Stich joint•submisidon atx1 • would he pleased to sahrnit draft langtiage to you for such a joint subinIsSion. • U bolt forward to working with.ythi tit meolvc.these matters. I believe we have a monad ptiectxst•jitmoving•pnat all of thesit :issues so thpptha.eivil rotitution aspects sfdte AVek•utie* 1404 • • • Sincerely. • 'PMI Leant tx te:' Karen Alkingen, Chief.. Northern I )ivision EFTA00192831  quvwsgwvw KIRKLAND & ELLIS LLP Fax Transmittal Cit'group Center 153 East 53rd Street New York, -4611 Phon Fax Pleas* notify us immediately if any pages arc not received. 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. UNAUTHORIZED USE, DISCLOSURE OR COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAWFUL. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NO= US IMMEDIATELY AT: IM) 446-4800. irct Company: . Fax It: Direct #: A. Mark Vitkfana United States Attorney's Office 561-8204777 561-209-1047 CC:" Company: Fax 12: • Direct*: Karen Alkinsnn United States Attorney's Office 5614E-217.7 Date: Pagestobavec Farr*: Direct*: AngtiSt.:13.260S 1.1404460: ... 2 +16e417.0— torovis.afg EFTA00192832 Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Friday, August 15, 2008 11:55 AM To: Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) 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, please provide me with a proposed written submission to the Special Master by Monday afternoon. Finally, as you are aware, yhe 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. Goldberg may not have provided the state court with a true copy of the complete Agreement, and he should take steps to correct that error. From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, August 15, 2008 11:42 AM To: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS); Senior, Robert (USAFLS); Lee, Dexter (USAFLS); Atkinson, Karen (USAFLS) Subject: New proposed response to Jay Dear Jay: 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. You have now made clear that Mr. Epstein did not accept the December modification and does not intend to perform the obligations set'forth therein. The Office is not going to continue negotiating the terms of the Agreement. We only sought finality and you have answered our question. Accordingly, the December proposed modification is hereby withdrawn. The United States has been ordered to produce the Non-Prosecution Agreement and, in accordance with that Order, will produce the September Agreement with the October Addendum signed by your client. Mr. Goldberger should be advised that we understand he has not provided the state court with a true copy of the complete Agreement, and he should take steps to correct that error. I will prepare an Amended Notification that contains the name of additional identified victims and will provide that to you promptly. In accordance with Paragraph 7B of the Agreement, please provide me with a proposed written submission to the Special Master by Monday afternoon. We will expect a showing of good faith in the selection of the EFTA00192833 attorney representative and all other terms of the Agreement and excessive delays, like those that have occurred in the past, will be considered a breach of that duty of good faith. Sincerely, A. Marie Villafaha Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 2 EFTA00192834