KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS Jay P. Lefkowitz. P.C. To II Wri r Dir ctly: VIA E-MAIL United States Attorney's Office Florida Miami, Florida 33132-2111 Dear Jeff: Citigroup Center 153 East 53rd Street New York. New York 10022-4611 www.kirkland.com November 8, 2007 Re: Jeffity Epstein Facsimile' I write in response to your recent letter, dated November 5, 2007. I want to make clear at the outset that Mr. Epstein is complying fully with the Non Prosecution Agreement (the "Agreement") and that he has every intention of continuing to honor its terms in good faith. Any disagreement the parties have regarding the terms of the Agreement should be resolved through open dialogue and should not be construed as a repudiation of the Agreement. I do, however, want to address each of the points you raise in your letter. First, we do not believe Mr. Epstein's agents are precluded from speaking to any individuals at this point in time. We carefully reviewed the Agreement and the laws governing contact with witnesses and proceeded under the belief that Mr. Epstein's agents could properly contact potential witnesses in this matter. We believe that nothing in the Agreement precludes contact by Mr. Epstein's agents with any individuals. Paragraph 7 of the Agreement states that "Epstein's counsel may contact the identified individuals through [the attorney representative]," but it in no way restricts any other contacts that are both lawful and appropriate. Furthermore, your Office has not yet identified the alleged victims under 18 U.S.C. § 2255 nor has an attorney representative been selected. Indeed, it is quite common for a party's agents, and even his attorneys, to speak with potential claimants prior to their retaining formal representation. And in this situation — where Mr. Epstein faces significant potential civil exposure, and he has a right to test the veracity of these claims — it is appropriate that his agents would seek to