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 061111204777 C14001.0 C"nief 1S3 ka -A• StMel New Wei NAM York 10022 4011 A. Marie Villalana United States Attorney's Office Southern District of Florida 500 South Australian Avenue. Suite 400 West Palm Beach, Florida 33401 Dear Marie: (PS?) 44h.4Afill woow knk13fA r4.40 Atigusl I X. 200X Re: Jeffrey Epstein Faca4004: I write in response to your letter dated August IS. 2008 regarding the civil restitution portion of the Deferred Prosecution A13%33Z1t311 (the "Agreement- ). Thank you for confirming our piiiiiion that the Deceillher niMification 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 static charges against Mr. Epstein. has caused several miscommunications with respect t