KIRKLAND & ELLIS LLP MEMORANDUM CONFIDENTIAL TO: ADA Lisa Friel, Chief, Sex Crimes Unit ADA Jennifer Gaffney, Deputy Chief, Sex Crimes Unit ADA Patrick Egan, Sex Crimes Bureau and Trial Bureau 40 FROM Jay P. Lefkowitz, Sandra Lynn Musumeci DATE October 7, 2010 SUBJECT: SORA Determination for Jeffrey E. Epstein, NYSID # OSI909, Supreme Court Case # 30129-2010 Jeffrey Epstein, a 57-year old financial advisor and philanthropist who maintains his primary residence in the U.S. Virgin Islands but owns a vacation home in Manhattan, is required to register as a sex offender in New York under SORA by virtue of a single conviction for a prostitution-related offense committed in Florida (where he also owns a vacation home) dating back to 2005. On June 30, 2008, Mr. Epstein pleaded guilty in the Circuit Court for Palm Beach County, Florida under an Information to the charge of Procuring a Person Under 18 for Prostitution, in violation of Fla. Stat. § 796.03.1 Mr. Epstein, who has never before been convicted of a crime, accepted responsibility for his conduct -- which involved a consensual arrangement in which he received massages and engaged in sexual touching in exchange for money with M., a young woman over the age of consent under New York law for all but two of the fourteen months cited in the Information -- and agreed to serve thirteen months in jail, followed by one year of community control in Florida. Since his release from incarceration, Mr. Epstein has registered as a sex offender in Florida (the state of his offense), as well as in his home jurisdiction of the U.S. Virgin Islands and in New Mexico (where he owns a vacation property). Significantly, all of these jurisdictions, upon considering the offense and conduct which triggered Mr. Epstein's duty to register, determined that Jeffrey Epstein posed a minimal risk to society, and accordingly imposed upon him their lowest reporting obligations. (In fact, New Mexico determined that Mr.