DRAFT ONLY PODHURST ORSECK PA V JEFFREY EPSTEIN Defendant's Reply to Plaintiff's Response to Defendant's Amended Notice and Motion for Leave to Deposit Funds into the Registry of the Court The defendant, Jeffrey Epstein, responds to the Plaintiff's Response to his Motion for Leave to Deposit Funds into the Registry of the Court as follows: 1. The Plaintiff's Response, in its first sentence, indicates that it does not oppose the relief requested. The remainder of the Response is a gratuitous, unnecessary, inflammatory, immaterial, series of misrepresentations. regarding the Defendant's intent in offering to deposit $2,000,000 into the Court and regarding the history and nature of the fee dispute that is at the core of the current litigation; 2. As background, defendant Epstein executed a Non-Prosecution Agreement with the United States Attorney's Office ("USAO") on September 24, 2007 (hereinafter "Agreement"). The Agreement , with the Federal gov't uniquely required that Epstein plead to particular designated State offenses and that the USAO agree not to federally prosecute him for various federal offenses that were under investigation. The Agreement also required that Epstein pay legal fees for an attorney representative, who was to be selected by an independent third party, and provide counsel to a list of individuals which was to remain secret until after Epstein was already in jail and nine months after the execution of the Agreement. The fee obligation was not meant to be unlimited: it was to pay the fees of the attorney representative prior to his electing to file and/or filing "contested litigation" or "any other contested remedy" against Epstein and was to "cease" and not obligate Epstein "to pay the fees and costs of contested litigation filed against him" (Addendum to Agreement, Par EFTA00731364