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 8, 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, has been advised that he is required to register as a sex offender in New York under SORA in connection with a single conviction for a prostitution- related offense committed in Florida dating back to 2005. His duty to register in New York is solely by virtue of the fact that one of several vacation homes that he owns is located in Manhattan. Mr. Epstein has already registered as a sex offender in his home jurisdiction of the U.S, Virgin Islands, as well as in the other states where he owns secondary residences, Florida (the state of his offense) and New Mexico. Significantly, each of these jurisdictions, without exception, reviewed his offenses and determined that Jeffrey Epstein was only subject to that jurisdiction's lowest reporting obligations, or in the case of New Mexico, not required to register at all under the state's sex offender registration scheme. (Notwithstanding New Mexico's determination that he need not register at all, Mr. Epstein has voluntarily chosen to register in New Mexico in order to ensure his full compliance with the federal Sexual Offender Registration and Notification Act (SORNA), 42 U.S.C.A. § 16901 et seq..) In the face of Mr. Epstein's tangential relation to New York (where he spends little time), his acceptance of responsibility for his actions and demonstrated commitment henceforth to abide by the law unconditionally, and the reasoned determinations of other jurisdictions having greater contact and control over Mr. Ep