HOUSE OVERSIGHT 012206 11/05/2007 11:27 FAX 11/05/07 MON 10:05 FAX 305 530 6440 EXECUTIVE OFFICE U.S. Department of Justice DELIVERY.ByFACSIMTI...E Jay P. Lefkowitz, Esq. Kirkland Lk,: Ellis Citigroup Center 153 East 53r.l Street New York, New York 10022-4675 Jeffry Epstei Dear Jay: United States Attorney Southern District of Florida 991V.E. 4th Street Miami, FL 33132-2111 (305) 961-9299 Far:sin:tie: (305) 530-6444 November 5, 2007 • • • a 002/003 411002 Several things have come to my attention that seem contrary to your client intending to abide by his obligations under the Non-Prosecution Agreement. As you know, that agreement requires our Office to inform you of potential breaches to give you and your client the opportunity to respond before an indictment is filed. At this time, I do not believe that the agreement has been breached; however, I have sufficient concerns that need to be addressed. First, I understand that private investigators working for Mr. Epstein have contacted victims to ask them whether any detectives or FBI agents have discussed a financial settlement with them. On one occasion, the private investigators told the parent of a victim that she should get an attorney for her daughter and she should do so right away. These actions are troublesome because the FBI agents legally are required to advise the victims of the resolution or the matter, which includes informing them that, as part of the resolution, that Mr. Epstein has agreed to pay damages in some circumstances. Furthermore, Mr. Epstein well knows that we are in the process of selecting an attorney to represent the victims and, but for the inordinate amount of time spent negotiating the Addendum, that attorney would already have been selected. Paragraph 7 of the Non-Prosecution Agreement explicitly provides that contact with the victims shall be through that counsel. Accordingly, please confirm that there will be no further efforts to contact any victim