KIRKLAND & ELLIS LLP AND MUM= PAATIAPSHIPS OW Lexington Avenue New Wet. New York 10022 Jay P. Lelkowilz. P.C. To Call Writs' Direclis layialgiaci.com i.wm.lirkland.corn October 28, 2010 racelmle: By E-mail and By Hand CONFIDENTIAL Jennifer Gaffney, Esq. Deputy Bureau Chief, Scx Crimes Unit New York District Attorneys Office One Hogan Place New York, NY 10013 Patrick Egan, Esq. Assistant District Attorney, Scx Crimes Unit / Thal Bureau 40 New York District Attorney's Office One Hogan Place New York, NY 10013 Re: SOBS Determination for Jeffrey E. Epstein, NYSID # OS1909, 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 Pieldiolz pursuant to New York's Sex Offender Registration Act (SORA), N.X. Correction Law § 168 et seq. (McKinney 2008). To follow up on 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 believe that these materials validate ow 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 under the applicable "clear and convincing evidence" standard. Chicago