KIRKLAND & ELLIS LLP

KIRKLAND & ELLIS LLP AM, .m..1..00. refl... loam Jay P LeMcwatz. P C To 101W HIPIInI1041ty Ittlkowdzy.014,004041COni VIA FACSIMILE (56i ) 82n-8777 United States Attorney's Office Southern District of Florida Dear C1490000 C"nief 1S3 ka-A• StMel New Wei Nov York 10022 4011 (PS?) 44h.4Afill wo ,. 'Oakland rnen Atigusl I S. 200X Re: Jeffrey Epstein Faca4004: I write in response to your letter dated August IS. 2008 regarding the civil restitution pnnion of the Delerred Prosecution Agrcemtml (the "Agreement."). Thank you for confirming our piiiiiitt that the Deceinher ninclification proposal is not part of the Agreement. As expressed by U.S. Attorney Acosta in his December 19. 2007 letter, the unorthodox use of a civil restitution 'statute in a federal plea agreement. which resulted in state charges against Mr. Epstein. has caused several miscommunications with respect to the implementation of the terms of that Agreement. In order to avoid any further miscommunicatio