KIRKLAND & ELLIS LLP AND MILIATED PARTNERSHIPS 601 Lexington Avenue New Yak, New Yak 10022 Jay P. Lefkowitz, P.C. To Call Writer Directly: (212) 4464970 www.kindand.com October 26-,a 2010 By E-mail and By Hand 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 know, we represent Jeffrey E. Epstein, who is scheduled to appear in New York Supreme Court, Part 66, on Tuesday, November 9, 2010 for a hearing before the Honorable Ruth Pickholz pursuant to New York's Sex Offender Registration Act (SORA), Correction Law § 168 et seq.. To follow up feu our conversation in your office on October 13, and as you have requested, we are providing you with a select sampling of materials that we believe expose the stark contrast between the inflammatory, speculative case summary presented by the Board of Examiners in its recommendation for Mr. Epstein, and the actual evidence that exists concerning the alleged conduct for which New York seeks to require Mr. Epstein to register under SORA. We hope and expect that these materials will validate our position that Mr. Epstein should most appropriately be designated as a Level 1 offender. Not only is the Board's Level 3 recommendation absurd, given that the offense triggering the registration requirement would most likely have been a non-registerable misdemeanor if committed in New York instead of Florida, but as laid bare by the attached sampling of transcript excerpts and other evidence, the Board's purported"calculation'-' is also unsupportable baseel-en-the-aeinal-evidenee-eoneerning-the Chicago Hong Kong London Los Ang