U.S. Department of Justice United States Attorney Southern District of Florida Fort Lauderdale, FL 33394 Facsimile: June 15,2009 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citi rou Center Roy Black, Esq. Black Srebnick Korns an & Stumpf P.A. Jack A. Goldberger, Esq. Atterbu , Goldberger & Weiss, P.A. Re: Jeffrey Epstein Dear Messrs. Lefkowitz, Goldberger, and Black: I write to confirm my conversation with Mr. Lefkowitz of June 12, 2009. As I mentioned during that conversation and during the hearing with Judge Marra, the U.S. Attorney's Office is not a party to any of the civil suits against Mr. Epstein pending in the U.S. District Court or any state court and takes no position regarding those lawsuits. The U.S. Attorney's Office is not advising or requiring that Mr. Epstein take any action regarding those lawsuits, rather, Mr. Epstein should proceed as he sees fit. The U.S. Attorney's Office will continue to exercise its independent judgment and proceed in accordance with its rights under the Non-Prosecution Agreement. My statements during our conversation and during the court proceeding contained no promises and did not alter or modify the Non-Prosecution Agreement. I would like to address what appears to be a continuing pattern in this matter. There have been several instances of breaches by Mr. Epstein of the letter and spirit of the Non-Prosecution Agreement, including the implied duty of good faith and fair dealing. As soon as Notice is provided by the United States, we are told that Mr. Epstein "was relying on his lawyers" and had not intended to willfully breach the Agreement. Mr. Epstein, through those same lawyers, then undertakes a perfunctory "cure" and continues to enjoy the benefit of his bargain until he decides to breach yet again. Notifications of breach have been provided on several occasions in the past. From the start, and as mentioned in extensive correspondence in October and November