EXHIBIT Case Document Entered on FLSD Docket Page of RFP MIA Case Document Entered on FLSD Docket Page of FAX KIRKLANO LLIS Ill KIRKLAND ELLIS LLP Ja Lefkowitz To Ca ll Wrilef Directly eflo wilZ krtkJa nd com VIA FACSIMILE I Jonorablc Alexander Acosta nitcd States Attorney Jnited States Attorneys omcc outhem District of Florida NB 4th Street 1.fiami FL itigrou Cenler EHi 53rd Sl/eet No York Now Votk llitldand com December Re Jeffrey Epstein I car Alex Facs i mile CGOO I write to address the questions you posed to me during a conversation we had late last week Specifically you requested a clarification of our position un two issues our view on yo ur latest proposal regarding notification to the alleged victims under S.C and ur response to your proposed language regarding the component of the deferr ed-prosecution agreement the Agreement Before I tum to these questions I would I I lcc to reiterate that this letter respond to your invitation to discu ss proposed modification!i lo the Agreement and should not be construed in any way as a breach of the A etrrnenl With that id I must tell you that the more I look into thes issues the more difficulties I see in trying to ic the resolution of a federal criminal matter with a federal civil matter involving minors and is is even further complicated when the premise of the resolution is a deferred federal prosecution conditioned on a plea to specific state offenses with a specific sentence pre determined and required to be imposed by the late court without consideration of the fact that he Stale view of this case differs dramulically from yours With that in mind tum to each yo ur questions below irst although we appreciate your willingness to modify your Offi es notice which is embodied in your latest proposal we must still object to aspects of your proposal on the ound that notice under is per se inapplicable to thi case under th Attorney Generals w1l guidelines because the alleged victims are not crime victims under The Attorney Ceneral Guidelines for Victim and Witness Assistance defines crime victim as follows For lhc purpose of enforcing the rights t..-nu merated in article a victim is a pen;on directly and pro Aimately harmed as il result of the omrms on of a Federal offense or an offen in the Di st rict of Columbia if he offense i dinged in I Jcr.d district court If a victim is undt..T years of age incompetent incapacitated or ic ago ong Kong London Los Angeles Munich Sa Francisco Wa:,ih i 11glon Case Document Entered on FLSD Docket Page of FAX KIRKLANO ELLIS ljl December age2 dcceued fuanily m--mber ot legal guardian of th victim i represc:ntalivc of the victims ate or any other pc:nK so appointed by the court may exercise the victims rights but in nn event shall the 11ccused serve as a guardian or rcprcst:nLativc for this purpo U.S he Attorney General Guidelines for Victim and Witness Assistance at emphasjs added Herc the women are clearly not crime victims under the Attorney General Guidelines definition To be a crime victim a person or entity must be harmed by an offense that has t:ecn charged in Federal district court See U.S Guevara Toluso WL at E.D.N.Y May noting that reference to the crime uggests a focus only on the crime wilh which a defendant is charecg in the case in which a victim seeks to assert her atutory rights emphasis added Since there has been no offense charged in Federal district court in this matter the identified individuals necessarily do not quaJify as crime victims ln addition the Attorney General Guidelines further defines a crime victim as person thal has sJffered direct physical emotional or pecuniary harm as a rcsuJt of lhe commission of a crime li U.S.C ld As you know we believe we have shown that at least some if not all of the identified individuals did not suffer any injury at all in conncclion with Mr Fpsteins alleged conduct Tn addition under the Attorney General Guidelines notification must be balanced against a 1y action that may impinge on Mr Epsteins due process rights The Attorney General Cuidclincs clearly call into question the wisdom and practicality of giving notice to a 253possible itness in the cisse and the effect that n:laying any infom1ation may have on the defendants right tc a fair trial The Attorney General Guidelines for Victim and Witness Assistance The Attorney General Guidelines caution federal pcosccutors from providing notice to potential itnesses in instances where such notice could compromise the defendants due process rights his is particularly true as here if the notice includes confidential information including the nditions of a confidential deferred-prosecution agreement or non-prosecution agreement In Ii ht of these concerns we rc:spcctfully request that you reconsider sending notices to the itlleged i ctims pursuant to Our objection to notwithstanding we do not obj as we made clear in our letter last week that some form of notice be given to the alleged victims To thal end we request an opportunity to review the notification before it is sent in order to avoid any confusion or misunderstandings We believe however lhat any and all notices with respect to the alleged Victims of stale offenses should be sent by the State Attorney rather than your Office and we See for example uw prior submissions reg11rdiux RFP I A RFP MIA Case Document Entered on FLSD Docket Page of FAX KIRKLAHD ELLIS iaJ December lagc3 gree that your Office should defer to the discretion of the State Attorney regardit1g all matters 1ith regard to those victims and the state proceedings Second the more we work t.o resolve our mutual concerns regarding the component of the Agr-ecmcnt the more our growing fears are realized that the implementation of in this case is inherently flawed and becoming truly unmanageable In the first instance fie implementation of in this matter causes martageability concerns because it appears the civil component of this case must be stayed unti I after all phases of a criminal action have been solved S.C which codifies child victims and child witnesses rights seems on its face to preclude any interference arising from a potential or pending civil action on a iated criminal proceeding in order to protect a defendants right to due process The statute ates If at any i me that a cause of action for recovery of compensation for damage or injwy to the person of child e:r.ists a criminal aclion is dinic which ar ises oul of the same occurttnce and in which lhe child is the victim 1hc dvil action shall be stayed until the end of all pha1:10s of the Timinal action and any mention of the civil 11ction during the criminal proceeding is prohibited As used in this subsection a criminal action is pendin until its final adjudication in the trfal court See ulso John Doe I Francis WL al Fla Feb the language of S.C is clear that a stay is required in a ase such as ti 1is where a parallel criminal action is pending which arises from the st1me occurren involving ndnor victims See Inasmuch as Plaintiffs have offered no authorit or idence to the contrary the Court finds that the slay in this case must remain in effect untiJ finaJ a,ljudicalion of the criminal case by the slate court It appears that any attempt to resolve the civil component of this cas be it through ructured settlements or civil litigation may be precluded by insofar as all phases of tl criminal action have not yet been resolved To allow for a civil cause of acl io while a lated criminal action remains pending an unduly bias the witnesses who could be i mproperly irccntivi:t:ed by a potential monetary recovery The prevention of such a result is precisely the reason that was enacted Indeed there can be no such resolution of all phases of the c1 iminal action here until Mr Epsteins state senten is concluded and all opportunity for the injtiation of a federal prosecution is foreclosed In addition we have rcilerctled in previou submissions that Mr Epstein does not believe hi is guilty of the federal charges enumerated under For this reason we beieve lhat your proposed language regarding an appropriate procedure unfairly asks Mr Epstein to a 7ee that each and every alleget.l victim identified by the Government is a victim of an CJtler.tted federal offense under and shouJd therefore be placed in th same position RFP MIA Case Document Entered on FLSD Docket Page of FAX KIRKLAND ELLIS Ill December age he would have been had Mr Epstein been convicted of such an offense As we discussed last week it is this requirement that makes your proposal so problematic As much as we ppreciate your willingness to revisit the issues we cannot accept your la11guagc as proposed hccause we believe that the conduct of Mr Ep tcin with respect to these alleged iclims fails to satisfy the requisite clements of any of the enumerated offenses incJuding lJ.S.C or Jn light of the infonnation we ha.ve presented lo you garding the two a1legcd victims whom we understand appear on your lisl we hope you ndeTStand why your language presents us with these concerns Essentially you are asking us to l-elp put these women in a position that may not be warranted In short your proposed language regarding states that Mr Epstein should be treated as ifhe had been convicted of an enumerated federal crime This requires Mr Epstein to in essence admit guilt though he believes he did not commit the requisite offense The United States Attorney Manual USAM Principles of Federal Prosecution sets forth a clear ri:quirement when a defendant tenders a plea of guilty but subsequently denies com.milling the offense to which he has offored to plead Specifically provides in part In a case in which the defendant lt.."llders a pica of guilty but denies commilting the offense to which he/she uffers to plead guilty the attorney for lhe government should m1tke an offer of proof of facts known to the i:ovemrncnt to support the conclusion that the defendant is in fact guilty also USAM To date your Office has refused our requests to share such information with us For the p..1rposes of attempting to resolve the issue we once again request that your Office make this proof available Specifically your Office has represented that liabiUly exists under and as well as the stale offense Florida Statute We would ekorne this pTeviously sought information at your earliest convenience to enable us to resolve tl is matter in a timely fashion Finally I would like to address youT request that we provide revised language to your Office regarding the appropriate procedure Given the inherent complexities described al 1ovc we have not able to find language that comports with lhe Agreement and your stated als esp ccially given your insistence that the women be placed in the same position as if Mr stein had been convicl0d However if you so choose and keeping in mind that we ln additiun we remind that wholly and apan from the juwcial slay t11at appcus to be required und believe that the m.iuimum dama es ainount refe.reocecl in is subject tu 1m DSt cto moliun as the stanatory minimum wax at the time of the alleged conduct and the statute is being implemented in a dd rred prosccution aareemcnt RFP MIA Case Document Entered on FLSD Docket Page of FAX KIRKLAN EL LI lea ecember age intend to abide by the Agreement we would he willing at you earliest convenience to discuss possible alternatives Thank you for your time and consideration We remain available to work with you to esolve Lhcse difficult issues in a constructive manner and we look foIWard to your response to he concern we have raised that have not yet been addressed your Office cc Jc.ITrey Sloman First Assistant Attorney
