KIRKLAND & ELLIS LLP

IL/ I I/ 4VVI II . KIRKLAND & ELLIS LLP AND AtIlLIATIM Honorable R. Alexander Acosta United States Attorney Re: Jeffrey Fastein Dear Alex: vnvw.kiaklunU.CCun December 17, 2007 IL UV'S/ I IU Thank you for meeting with us on Friday, December 14. 2007. The meeting demonstrated significant agreement un broad issues of policy. We all agree on the centrality of the principle of horizontal equality, namely that Mr. Epstein should be treated no differently • - neither more nor less favorably - than a less prominent or less wealthy detimdant accused of similar conduct. We also all agree that no person should he allowed to plead guilty to a statute that does not precisely apply to his cauxklei. We agree as well that the goal of these extensive negotiations is to reach a just, equitable, proportional and truthful result. In this letter. we seek to implement these agreed-upon principles. lowevcr, we arc deeply concerned that, at this late juncture. we remain unenlightened as