KIRKLAND & ELLIS LLP

KIRKLAND & ELLIS LLP Response to Letter by FAUSA MI Dated May 19, 2008 In a Ma 19 2008 letter to Jay Lefkowitz (See Tab 1), SDFL First Assistant U.S. Attorney provided what purported to be a summ of the events that have occurred during the investigation of Mr. Epstein. Mr. letter is fraught with inconsistencies, false and misleading characterizations and outright falsehoods. The comparison below between the false assertions in Mr. letter and what actually transpired is only the tip of the iceberg. We respectfully submit that Mr. letter alone demonstrates the degree to which the record of facts have been distorted and these distortions have permeated this unprecedented investigation. 1. "INDEPENDENT" AND "DE NOVO" REVIEW. Mr. Letter: • "[W]e obliged your request for an independent de novo review of the investigation and facilitated such review at the highest levels of the Department of Justice. " Tab 1, May 19, 2008 Letter from-, P. 5, 1 3. The Truth: • CEOS'