U.S. Department of Justice

U.S. Department of Justice United States Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! Facsimile: July 17, 2008 VIA FACSIMILE Michael R. Tein, Esq. Lewis Tein, P.L. 3059 Grand Avenue, Suite 340 Coekmut Grove, FL 33133 Re: Jeffrey Epstein Dear Mr. Tein: The Office has reviewed your "Notice of Continued Pendency of Federal Criminal Action," and we feel that it misrepresents the posture of the federal investigation. For example, you cite to In re Grand Jury, No. FGJ 07-103 (WPB), as evidence that the federal criminal action remains pending. That is a citation to Mr. Epstein's Motion to Quash a subpoena for computer equipment removed from Mr. Epstein's home after he and his attorneys were aware of the existence of the state investigation. Pursuant to the Non- Prosecution Agreement, that motion was supposed to have been withdrawn several months ago, and, therefore, is not "pending" in our estimation. The Non-Prosecution Agreement calls for deferment of federal prosecution "in favor of prosecution by the State of Florida, provided that Epstein abides by the [enumerated] conditions and the requirements of th[e] Agreement . . ." (Non-Prosecution Agreement, p. 2 (emphasis added).) One of those conditions is Epstein's agreement that the subject Jane Does, while minors, were victims of a violation of an offense enumerated in Title 18, United States Code Section 2255, and that they "will have the same rights to proceed under Section 2255 as [they] would have had if Mr. Epstein had been tried and convicted of an enumerated offense." (United States Attorney's December 19, 2007 letter to Lilly Ann Sanchez.) If, in fact, your position is that the federal criminal action is still pending such that the Court must stay the civil proceedings, then the Office proposes that we seek the prompt resolution of the Motion to Quash, so that the computer equipment can be analyzed and the PROT0 MICHAEL TEIN, ESQ. JULY 17, 2008 PAGE 2 federal investigation can continue. If, instead, Mr. Epstein intends to fully abide by the Non- Prosecution Agreement, then the "federal Grand Jury investigation will remain suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until [Epstein] violates any term of [the Non-Prosecution Agreement]." (Non-Prosecution Agreement, page 5.) Please advise whether you intend to correct the representations to the Court regarding the status of the federal investigation. Sincerely, R Alexander Acosta By: cc: Jack Goldberger, Esq. limathim. Esq. Assistant United States Attorney PROT1 U.S. Department of Justice Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 Facsimile- FACSIMILE COVER SHEET TO: Michael R. Tein FAX NO. PHONE NO. TO: Jack Alan Goldberger FAX NO. PHONE NO. DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: Assistant U.S. Attorney PHONE NO. COMMENTS: PROT2 U7/1Y/US 15:17 FAX .1==.3 USAO WEST PALM ado' TX REPORT TRANSMISSION OK TE/RX NO 3957 CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME 07/17 18:16 USAGE T 00'42 PGS. SENT 3 RESULT OK U.S. Department of Justice Southern District of Florida TO: FAX NO. 500 S. Australian Ave, 4th Floor ch, Florida 33401 Facsimile FACSIMILE COVER SHEET Michael R. Tein PHONE NO. TO: Jack Alan Goldberger FAX NO. PHONE NO. DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: , Assistant U.S. Attorney PHONE NO. PROT3 07/17/08 18:18 FAX USAO WEST PALM 81001 TX REPORT **a TRANSMISSION OR TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 3958 07/17 18:17 01'04 3 OK U.S. Department of Justice Southern District of Florida 500 S. Australian Ave, 4th Floor West Palm Beach, Florida 33401 Facsimile FACSIMILE COVER SHEET TO: Michael R. Tein FAX NO. PHONE NO. TO: Jack Alan Goldberger FAX NO. PHONE NO. DATE: July 17, 2008 # OF PAGES: 3 RE: Jeffrey Epstein FROM: li lIMME, Assistant U.S. Attorney PHONE NO. PROT4