11,05107 MON 10:05 FAX 305 530 a440 EXECUTIVE OFT, CE la 002/003 10002 gaMm, fi ileitea\ Department of Justice United Stow Attontey Southern District of Florida DELIVERYIX FSCS2411.1j Jay P. Lefkowitz, Esq. Kirkland & Ellis UP Citigroup Center 153 East 53rd Street New Yodc, New York 10022,-4675 Re: Jeffrey lipstein Dear Jay: 99 N.G. 4th Soca Miami, FL 33132-V11 (305) 961.9299 Futuinurk: (305)530-6414 November 5.2007 Several things have come to my attention that seem contrary to your client intending to abide by his obligations under the Non-Prosecution Agreement. As you know, that agreement requires our Office to inform you of potential breaches to give you and your client the opportunity to respond before an indictment is filed. At this time, I do not believe that the agreement has been breached; however, I have sufficient concerns that need to be addressed. First, T understand that private investigators working for Mr. Epstein have contacted victims to ask them whether any detectives or FBI agents have discussed a financial settlement with them. On one occasion, the private investigators told the parent of a victim that she should get an attorney for her daughter and she should do so right away. These actions are troublesome because the P131 agents legally arc required to advise the victims of the resolution of the matter, which includes informing them that, as pan of the resolution, that Mr. Epstein has agreed to pay damages in some circumstances. Furthermore, Mr. Epstein well knows that we are in the process of selecting an attorney to represent the victims and, but for the inordinate amount of time spent negotiating the Addendum, that attorney would already have been selected. Paragraph 7 of the Nun-Prosecution Agreement explicitly provides that contact with the victims shall .be through that counsel. Accordingly, please canine' that there will be no further efforts to contact any victims until fudge Davis selects the at