KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS 601 Lexington Avenue New York. New York 10022 Jay P. Lefkowitz, To Call Writer Directly: (212)446-4970 (212) 446-4800 October 11, 2010 Facsimile: (212) 446-4900 By E-mail CONFIDENTIAL Jennifer Gaffney, Esq. Deputy Bureau Chief, Sex Crimes Unit New York District Attorney's Office One Hogan Place New York, NY 10013 Patrick Egan, Esq. Assistant District Attorney, Sex Crimes Unit / Trial Bureau 40 New York District Attorney's Office One Hogan Place New York, NY 10013 Re: SORA Determination for Jeffrey E. Epstein, NYSID # OSI909, Supreme Court Case #30129-2010 Dear ADA Gaffney and ADA Egan: As you are aware, we represent Jeffrey E. Epstein, who is scheduled to appear before the Honorable Ruth Pickholz in New York Supreme Court, Part 66, on Tuesday, November 9, 2010 for a hearing pursuant to New York's Sex Offender Registration Act (SORA), Correction Law § 168 et seq.. We respectfully submit this letter and the accompanying materials for your consideration with respect to Mr. Epstein's risk level determination under SORA and in advance of our meeting scheduled for Wednesday, October 13, 2010 at 11:30 am. As set forth more fully herein, we believe that Jeffrey Epstein should be appropriately designated as a Level 1 offender, given Mr. Epstein's history and personal characteristics, the fact that he is already being monitored by the several other jurisdictions having a much greater nexus than New York to Mr. Epstein and his offense, the extraordinary unlikelihood that he will ever again re-offend, and perhaps most compellingly of all, because the offense which triggered the registration requirement in Florida — and then, solely by virtue of Correction Law § 168-a(d)(2), in New York — would not have been a registerable offense at all (and almost certainly would have only been a misdemeanor) had it been committed in New York instead of Florida. Jeffrey Epstein, a 57-year old financial ad