U.S. Department of Justice United States Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 Facsimile: June 12, 2009 DELIVERY BY HAND Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. One Clearlake Centre, Suite 1400 250 Australian Ave S. West Palm Beach, FL 33401-5015 Re: Jeffrey Epstein Dear Mr. Goldberger: Pursuant to the terms of the Non-Prosecution Agreement, the United States Attorney's Office for the Southern District of Florida hereby provides you with notice that the United States Attorney has determined, based on reliable evidence, that Jeffrey Epstein has willfully violated one of the conditions of the Non-Prosecution Agreement. Specifically, in the context of civil suits filed by persons on the list provided to Mr. Epstein's attorneys of individuals whom the United States had identified as victims, as defined in 18 U.S.C. § 2255, Mr. Epstein has contested that the U.S. District Court for the Southern District of Florida has subject matter jurisdiction. Mr. Epstein also has contested liability for claims made pursuant to 18 U.S.C. § 2255, arguing, inter alia , that he cannot be held liable for those claims because he has not been convicted of any of the crimes listed in that statute. Accordingly, Mr. Epstein has violated Term 8 of the Non- Prosecution Agreement. Based upon Mr. Epstein's breach of that term, the U.S. Attorney's Office has elected to terminate the Non-Prosecution Agreement and to investigate and prosecute Mr. Epstein and others for federal offenses. Sincerel Acting United States Attorney By: Assistant United States Attorney cc: Chief, Northern Division Roy Black, Esq. (via electronic mail) EFTA00213197