KIRKLAND & ELLIS LLP

KIRKLAND & ELLIS LLP AM. Pdau11.00( C1664000 Cf•nle, t41 4 (-t •1,1:46.4 Jay r lolkoontz. P C TO CIIISMet nWet.ily (=I 446 4670 litlkowilzaektinalid cam VIA FACSIMILE (561) 820-8777 scow t01klan0 cant August IR. 2008 Re: Jeffrey Epsicin lkar Marie: Fac,Anisle (212) 446.4100 I write in response to your letter dattxl August IS. 2008 regarding the civil restitution pinion of the Deferred Prosecution Agreement (the "Agreement- ). Thank you Air confirming our position that the December modification 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 miscommunications and to ensure that the 18 U.S.C. * 2255 aspects of the Agnxmcnt are carried out in a pr