US. Department of Justice United States Attorney Southern District of Florida 5005 Attswalian Ave, Ste 400 West Palm Beach. FL 33401 (561)820-8211 Facsimile: (361)820-8777 August 15, 2008 DELIVERY BY ELECTRONIC MAIL Jay P. Lefkowitz, Esq. Kirkland & Ellis LIP Citigroup Center Roy Black, Esq. Black Srehnick Komspan & Stumpf P.A. Re: Jeffrey Epstein Dear Jay and Roy: Thank you for your response to my earlier e-mail. Our communications with Mr. Black and later with Mr. Lefkowitz were solely to determine what Mr. Epstein considered to be the terms of the Non-Prosecution Agreement. We appreciate your answering our question with finality. You have now made clear that Mr. Epstein did not accept the December modification, and accordingly, the offer to make that modification is a nullity. Pursuant to our Agreement, I will prepare an Amended Notification that contains the names of additional identified victims. As you know, Judge Davis had selected the Podhurst firm to serve as the attorney representative for the victims. Assuming that Mr. Josefsberg is still amenable to the appointment, we will provide him with the victim list so that he may begin his service. Finally, as you are aware, the United States has been ordered to produce the Non-Prosecution Agreement. In accordance with that Order, we will produce the September Agreement with the October Addendum signed by your client. We understand that Mr. EFTA00215935 JAY P. LEEKOWITZ, ESQ. ROY BLACK, ESQ. AUGUST 15, 2008 PAGE 2 OF 2 Goldberger did not provide the state court with a true copy of the complete Agreement. and he should take steps to correct that error. Sincerely, R. Alexander Acosta United States Attorney By: Assistant United States Attorney c cc: EFTA00215936