To: "'Jay Lefkowite" <JLefkowitz@kirkland.com>

To: "'Jay Lefkowite" <JLefkowitz@kirkland.com> Subject: Factual proffer Date: Tue, 18 Sep 2007 18:52:46 +0000 Importance: Normal Attachments: Epstein_Plea_Proffer.doc Hi Jay — I didn't want us to get sidetracked during the conference call. I want to make sure that we have a factual basis for "harassment." Forcibly flyin1 omewhere else is a different 1512 offense with a 10 year cap. This is the factual proffer that I drafted up earlier this afternoon, to give you an idea of what it would look like. When I include a factual proffer in a plea agreement, I usually use prefatory language like: The parties agree that, had this case proceeded to trial, the United States would have proven the following facts beyond a reasonable doubt, and that the following facts are true and correct and are sufficient to support a plea of guilty . EFTA00215237