KIRKLAND & ELLIS LLP AM, .m..1..00. refl... loam Jay P LeMcwatz. P C To 101W HIPIInI1041ty Ittlkowdzy.014,004041COni VIA FACSIMILE 061111204777 C14001.0 C"nief 1S3 ka -A• StMel New Wei NAM York 10022 4011 A. Marie Villalana United States Attorney's Office Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 Dear Marie: (PS?) 44h.4Afill woow knk13fA r4.40 Atigusl I X. 200X Re: Jeffrey Epstein Faca4004: I write in response to your letter dated August IS. 2008 regarding the civil restitution portion of the Deferred Prosecution A13%33Z1t311 (the "Agreement- ). Thank you for confirming our piiiiiion that the Deceillher niMification proposal is not part of the Agreement. As expressed by U.S. Attorney Acosta in his December 19.2007 letter, the unorthodox use of a civil restitution 'statute in a federal plea agreement. which resulted in static charges against Mr. Epstein. has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunications and to ensure that the 18 U.S.C. * 2255 aspects of the Agrwment are carried out in a proper manner. it would he useful to come to an agreement as w the implementation of the civil restitution portion of the Agreement. As we have previously stated. Mr. Epstein fully intends to abide by the terms of the Agreement. and we hope you appreciate that our efforts to resolve any misunderstausbnipi between Mr. Epstein and the government about the terms of the Agreement am intended only to ensure that it is carried out fully and fairly. In an ellbn to avoid having either party unintentionally breach the Agreement. we suggest that steps be taken to clarify the meaning of paragraphs 7-10. It would he extremely helpful to both sides to have an independent third party consider the Agreement and offer the Final word on how certain clauses should he interpreted and satisfied. Because the gove