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EFTA00234477

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KIRKLAND & ELLIS LLP Mtb eVMULTI() PA} I NIKSIIIN CiligenUp Cook!, 153 EaSI 53ig Street Now Yolk Now Toth 100324611 Jay P I alhown,, P C To Call Writ t oileCtly 00140•414(1,kitklaitil con VIA FACSIMII.1: (41)820-8777 M I 446-4 am F.Inanide Wong Awkluwi ton] :ZIP 415 4900 August 22. 2008 A. Marie Villafana inited States Attorney's Office Southern District of Florida 300 South Australian Avenue. Suite 400 West Palm Reach. Florida 3340I Re: .1411hy Epstein Ikar Marie: I write this letter to correct certain misstatements made in your later dated August 21. 2t)08. and the accompanying draft notification. First, you state that "Mr. Josefsberg expended time, effon and funds in preparing to serve as attorney representative in October of 2007." Neither I. nor any other attorney on Mr. Epstein's defense team. was notified of this work by Mr. Joselsbcrg. Second. in the victim notification letter, no judge "has ordered that the United States" make available a copy of the Non-Prosecution. Agreement. Section (d) of the Order to Compel Production and Protective Order provides that if any of the alleged - victims- and/or their attorneys "request the opportunity to review the Agreement." tlx: ()SAO shall comply with the request so long as (lune individuals agree not to disclose the Non-Prosecution Agreement. There is no court order requiring the government to provide the alleged "victims' with notice that the Non-Prosecution Agreement is available to than upon request and doing so is in conflict with tlx: confidentiality provisions of the Agreement. Given that the individuals un the list will have an attorney representative who is fully aware of the terms of the Non-Prosecution Agreement. this conflicting paragraph of your notice is unnecessary in any event and should he excised. Third. misstatements in your prior notification were made - with the approval of Mr. Epstein's counsel.- Fourth. we are concerned with your open-ended description of

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