Ami Sheth/New York/Kirkland-Ellis 08/21/2008 11:27 AM To cc bcc Subject Fw: Follow-up point Ami Sheth I Kirkland & Ellis LLP Citigroup Center I 153 East 53rd Street I New York, NY 10022 I 212-446-4773 Direct [212-446-6460 Fax I — Forwarded by Ami Sheth/New York/Kirkland-Ellis on 08/21/2008 11:27 AM Jay Lefkowitz/New York/Kirkland-Ellis To "Martin Weinberg >. Ami Sheth/New York/Kirkland-Ellis@K8E. 'Michael Tein" . "Darren " <- 08/14/2008 04:05 PM CC Subject Marty - let's discuss. From: "Villafana, Ann Marie C. (USAFLS)" Sent: 08/14/2008 03:27 PM AST To: Jay Lefkowitz Cc: "Atkinson, Karen (USAFLS)" < Subject: RE: Follow-up point Dear Jay: Fw: Follow-up point [el >; "Roy BLACK" The modification contained in the December letter is clear and simple, that is why we were not surprised by Mr. Epstein's and his attorneys' actions affirming acceptance of the modification. Mr. Epstein's acceptance of the modification by pleading guilty was equally clear and simple -- it followed written communications from Mr. Sloman and myself that read: "Mr. Epstein has until the close of business on Monday, June 30, 2008, to comply with the terms and conditions of the agreement between the United States and Mr. Epstein (as modified by the U.S. Attorney's December It letter to Ms. Sanchez), including entry of a guilty plea, sentencing, and surrendering to begin his sentence of imprisonment." As clearly stated in the December letter, only those "individuals whom [the United States] was prepared to name in an Indictment as victims of an enumerated offense" are the beneficiaries of the agreement. That is the list of names that I provided to Messrs. Goldberger and Tein following the change of plea. Under the September/October agreement, all "individuals whom [the United States] has identified as victims" are the beneficiaries, so I would prepare a supplement to the earlier list to include identified victims whom we were not yet prepared to EFTA00593776