U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 (561) 820-8711 Facsimile: (561) 820-8777 June 17, 2009 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 East 53rd Street New York, New York 10022-4675 Re: Jeffrey Epstein Dear Jay: Thank you for your letters of June 19th. It appears that you have misconstrued the Office's past efforts at alleviating Mr. Epstein's unfounded fears of disparate treatment as either: (1) an acknowledgement of the validity of those fears or (2) an acquiescence to the efforts of Mr. Epstein and his counsel to avoid the full terms of the Non-Prosecution Agreement. So, for example, you write that, in an email to Mr. Acosta, you "confirmed that `there were significant irregularities with the deferred prosecution agreement,' and that "Mr. Acosta agreed to many of our objections and adopted several of our modifications . . [and] [t]his fact confirms both the good-faith nature of our objections and that neither Mr. Epstein nor his counsel could be considered to have violated the NPA by raising those objections in the first place." Neither your e-mails nor Mr. Acosta's consistent attempts to maintain a good working relationship with you act as modifications to the NPA or indications that the Office agreed or acquiesced to your positions. While your letter provides great detail regarding all of the objections that you raised a throughout the nine-month delay between the signing of the NPA and Mr. Epstein's actual performance, you neglect to mention that all of your objections were soundly rejected at each and every level of review, from West Palm Beach, to Miami, to the Child Exploitation and Obscenity Section, and, finally, to the highe review at the Department of Justice. As Senior Associate Deputy Attorney Genera stated: Even if we were to substitute our judgment for that of the U.S.