KIRKLAND & ELLIS LLP AND Aliiii43111 Jay P. lolkowdz, P.C. To r it Ir:llr VIA FACSIMILE (561) 820-8777 Ctligrouo Cantor t63 Eukt WO Street Now York. Now York 10022.4011 cm) an3.4A00 • www.lorklOod Com August IR, 2008 United States Attorney's Office Southern District of Florida 501) South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 .Re: Jeffrey Epstein Dear= I write in response to your letter dated August 15. 2008 regarding the civil restitution Tonic', of the Deferred Prosecution Agreement (the "Agreement."). Thank you for continuing 'our .ptisit ion that the DeCenther modification proposal is not putt 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 agroenient, 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 Agreenient. As we have previously stated. Mr. Epstein fidly intends to abide by the terms of the Agreement. and we hope you appreciate that 'our ellbris to resolve any misunderstandings between Mr. Epstein and the government about the terms of the Agreement arc intended only to ensure that it is carried out h illy and fairly. In an effort 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 • helpful to both sides to have an independent third party consider the Agreement and otter the final word on how certain clauses should be interpreted mid satisfied. Because the government' has already enlisted Judge Davis to select the attorney repres