EFTA00180294

Connected People (22)

Referenced in Findings (1)

Extracted Text

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KIRKLAND & ELLIS LLP
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United States Attorney, Southern
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Martin G. Weinberg,
Esq.
From:                     Date:                Pages w/cover:             Fax #:                  Direct #:
Sandra Musumeci for
July 29, 2011               4
Jay P. Lefkowitz, P.C.
Message:
Please see the attached letter, in response to your letter to Martin Weinberg of July 27, 2011, concerning Jeffrey
Epstein. Thank you.
Documena
EFTA00180294
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KIRKLAND & ELLIS LLP
AND AFRUATED PARTNLASIMPS
601 Lexington Avenue
New York, New York 10022
Jay P. LeatowItz. P.C.
To ilaiactly:
jay.lefkowitzekirklend.cOm                              vnwairkland.com
July 29, 2011
Delivery by Facsimile                                                                       CONFIDENTIAL
Assistant United States Attorney
United States Attorney, Southern District of Florida
500 S. Australian Avenue
Suite 400
West Palm Beach, FL 33401
Re:   Jeffrey Epstein
Dear
Thank you for your letter of July 27, 2011 to my co-counsel Martin Weinberg concerning
the request by the New York District Attorney for copies of the Non-Prosecution Agreement
("NPA") and the "victim list" in regards to Mr. Epstein. We continue for the reasons stated
herein to believe that any such disclosure would violate the confidentiality agreement between
your Office and Mr. Epstein as well as the provisions of Fed. R. Crim. P. 6(e).
As to the NPA, you have repeatedly asserted in Doe v United States, No. 9:08-cv-80736-
KAM, that the NPA was a confidential document. For instance, in paragraph 6 of Document 14,
your own Declaration, you stated that the NPA contained "an express confidentiality provision."
In opposing the Motion to Unseal the NPA that was filed by Jane Doe, you stated that you had
informed Judge Marra of the confidentiality provision during an earlier telephonic status
conference occurring on August 14, 2008 which "the United States was obligated to honor,"
Document 29 at 1, and that "the parties who negotiated the Agreement, the United States
Attorney's Office and Jeffrey Epstein, determined that the Agreement should remain
confidential," Document 29 at 2. Further, you deemed the NPA "confidential," for
understandable purposes, in your September 3, 2008 letter to Robert Josefsberg in which you
informed him that Judge Marra had set forth procedures for providing the NPA only to those
counsel and "victims" who executed a Protective Order preventing its subsequent disclosure.
The New York Assistant District Attorney, Ms. Morse, is representing the prosecution in
an appeal regarding a sex offender registration determination, and any disclosure of the NM to
her has the potential to result in its use in that appeal and the real risk that the appellate court will
unseal it. We believe it to violate both the spirit and the most logical interpretation of the NPA,
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KIRKLAND & ELLIS LLP
July 29, 2011
Page 2
paragraph 13, for you to disclose it absent a subpoena -- which we could oppose in the
jurisdiction from which it emanated. We further believe that when parol evidence supplements
the text of paragraph 13 of the NPA, it is perfectly apparent from your prior submissions that you
as well as we believed the NPA to contain "an express confidentiality provision" that your
current willingness to disclose absent court process violates.
As to the "victim list," again, not only is it confidential given its nexus to the NPA, but
your own prior letters tie the list to the Federal Grand Jury investigation and thus to the non-
disclosure provisions of Fed. R. Crim. P. 6(e). On July 8, 2008, you wrote to Jack A.
Goldberger, Esq., and informed him that on June 30, 2008, "the United States Attorney's Office
provided [him] with a list of thirty-one in

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