KIRKLAND & ELLIS LLP

KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS Jay P. Lefkovvitz, P.C. To Call WriterDirectly: jay.letkowitz©kirkland.ccoi VIA FEDERAL EXPRESS Onerous Center 153 East 53rd Street New York, New York 10022.4611 Esq. United States Attorney's Office Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, Florida 33401 Re: Jeffrey Epstein Dear www.lorklancl.com June 12, 2009 Facsimile: I am in possession of your June 12, 2009 letter giving notice of breach. I respectfully submit that the Motion to Dismiss that is referenced therein did not constitute a willful breach of Mr. Epstein's obligations under the non-prosecution agreement. Mr. Epstein's counsel unanimously determined that the filing of this Motion to Dicmiks was not a breach of the non- prosecution agreement, and the Motion to Dismiss was filed by counsel without Mr. Epstein's final approval. I want to inform you that immediately upon receipt of your letter, Mr. Epstein directed