Memorandum Subject Operation Leap Year: Notification of Breach USAO No. 2006R01181 June 9, 2009 To Jeffrey H. Sloman Acting United States Attorney First Assistant U.S. Attorney Deputy Chief, Criminal Division, West Palm Beach Chief Chief, Criminal Section I, Northern Division, WPB From AUSA, Ft Lauderdale INTRODUCTION This memorandum seeks approval to serve the attached letter providing notice of a breach of the Non-Prosecution Agreement on attorneys for Jeffrey Epstein. On Friday, June 12, 2009, Judge Marra will be presiding over a hearing on Jeffrey Epstein's motions to stay all of the civil lawsuits filed against him by victims identified through our investigation. In his Order setting the matter for a hearing, Judge Marra stated: This hearing shall be limited to the issue of whether Defendant Epstein's defense of the civil actions filed against him violates the non-prosecution agreement between Epstein and the United States. The United States' position in this matter would be very helpful to the Court and, accordingly, the Court requests that the United States appear at the hearing. Based upon a review of pleadings filed by Epstein in connection with the civil suits, Epstein has taken positions directly in contravention of the Non-Prosecution Agreement between Epstein PRIVILEGED AND CONFIDENTIAL ATTORNEY WORK PRODUCT EFTA00189787