EFTA00013855.pdf

Type: pdf
Source set: data-set-8

Extracted text

KIRKLAND & ELLIS LLP
AND AFFILIATED PARTNERSHIPS
Jay P. Lelkowitz, P.C.
To Call Writ r it ctly:
Ynyw.kirkland.com
June 19, 2009
VIA FEDERAL EXPRESS
United States Attorney's Office
Southern District of Florida
Re: Jeffrey Epstein
Dear
Facsimile:
I appreciate your letter of June 17, 2009. I sincerely hope that any and all issues that
could generate an adversarial relationship between Mr. Epstein and the United States Attorney's
Office are in our past. Like you, we hope that the ongoing, complex, and at times vigorous
litigation will not again require your involvement, nor result in any belief on your part that any
legal position taken by Mr. Epstein's counsel conflicts with the Non-Prosecution Agreement
("NPA").
In order to avoid future misunderstandings, however, I would like to have a discussion
with you specifically about our ongoing obligations as you understand them under the NPA. As
you know from past experience, and as Mr. Acosta previously acknowledged in letters to my
partner Ken Starr (on December 4, 2007) and Lilly Ann Sanchez (on December 19, 2007), the
language of ¶ 8 is "far from simple," and, in certain respects, subject to significant ambiguity.
I believe it is both necessary and appropriate to seek immediate clarification from the
goverment about its understanding of a few provisions in the NPA. It is likely by no fault of our
own that these issues will come before a judge or an independent third party, whose job it will be
to interpret the intent of the parties. In those circumstances, I think the court would most likely
turn to both of us and directly seek our views, as the drafters of the agreement, before rendering
its own opinion. Therefore, I believe it would bring about the finality that we both seek in a
much reduced time frame if we could discuss several of the more ambiguous provisions
contained in the NPA.
Chicago
Hong Kong
London
Los Angeles
Munich
San Francisco
Washington, D.C.
EFTA00013855

June 19,…

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