EFTA00013499.pdf

189 KB

Extraction Summary

7
People
3
Organizations
1
Locations
1
Events
3
Relationships
4
Quotes

Document Information

Type: Email correspondence / legal agreement draft
File Size: 189 KB
Summary

This document contains an email chain from October 11-12, 2007, between Jay Lefkowitz (Kirkland & Ellis) and the US Attorney's Office for the Southern District of Florida (USAFLS), specifically involving Alex Acosta and a redacted Assistant US Attorney. The correspondence concerns the drafting of an 'Addendum to the Non-Prosecution Agreement' for Jeffrey Epstein. Key points of negotiation include the selection process for an 'independent third-party' to represent victims and the stipulation that Epstein would pay this representative's fees, but not costs associated with contested litigation against him.

People (7)

Name Role Context
Jay Lefkowitz Attorney
Partner at Kirkland & Ellis LLP, negotiating on behalf of Epstein.
R. Alexander Acosta United States Attorney
US Attorney for Southern District of Florida (USAFLS), mentioned in emails and listed as signatory.
Jeffrey Epstein Subject of Investigation
Subject of the Non-Prosecution Agreement being amended.
Gerald Lefcourt Counsel to Jeffrey Epstein
Listed as signatory on the Addendum.
Lilly Ann Sanchez Attorney for Jeffrey Epstein
Listed as signatory on the Addendum.
Judge Davis Judge
Mentioned by Lefkowitz as a potential model for the 'independent third-party' selector.
[Redacted] Assistant U.S. Attorney
Main correspondent from USAFLS negotiating with Lefkowitz.

Timeline (1 events)

2007-10-12
Negotiation and revision of the 'Addendum to the Non-Prosecution Agreement' regarding victim representation.
Email Correspondence
Jay Lefkowitz Alex Acosta [Redacted AUSA]

Locations (1)

Relationships (3)

Jay Lefkowitz Legal Counsel Jeffrey Epstein
Lefkowitz is negotiating the agreement on behalf of his client (Epstein).
Alex Acosta Colleagues/Supervisory [Redacted AUSA]
Email states 'I just got off the phone with Alex' regarding the revised paragraph.
Jay Lefkowitz Opposing Counsel (Negotiation) Alex Acosta
Negotiating terms of the NPA Addendum.

Key Quotes (4)

"The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein’s counsel, selecting the attorney representative for the victims."
Source
EFTA00013499.pdf
Quote #1
"Epstein has agreed to pay the fees of the attorney representative."
Source
EFTA00013499.pdf
Quote #2
"This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him."
Source
EFTA00013499.pdf
Quote #3
"I made it 'will assign' because I understood that you didn't actually want to pick the lawyer and that you wanted judge davis, or someone like him, to select the lawyer."
Source
EFTA00013499.pdf
Quote #4

Full Extracted Text

Complete text extracted from the document (5,505 characters)

From: "[REDACTED] (USAFLS)"
To: "Jay Lefkowitz" <[REDACTED]>
Subject: RE: Addendum
Date: Fri, 12 Oct 2007 16:28:35 +0000
Importance: Normal
Try [REDACTED]
From: Jay Lefkowitz [mailto:[REDACTED]]
Sent: Friday, October 12, 2007 12:09 PM
To: [REDACTED] (USAFLS)
Subject: Re: Addendum
Are you reachable? What is best number?
Thx
----- Original Message -----
From: "[REDACTED] (USAFLS)" [[REDACTED]]
Sent: 10/12/2007 09:48 AM AST
To: Jay Lefkowitz
Cc: "Acosta, Alex (USAFLS)" <[REDACTED]>; "[REDACTED]"
Subject: RE: Addendum
Jay,
I just got off the phone with Alex. Here is the revised paragraph 1. Thanks, [REDACTED]
1. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein’s counsel, selecting the attorney representative for the victims. If the United States elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party consult with the United States after the preliminary selection but prior to the final designation of the attorney representative.
From: Jay Lefkowitz [mailto:[REDACTED]]
Sent: Thursday, October 11, 2007 3:12 PM
To: [REDACTED] (USAFLS)
Subject: Re: Addendum
[REDACTED] - I need to run this by my client, but I would propose slightly modified language for para 1.
The United States will assign to an independent third-party, who shall be appointed subject to the good faith approval of Epstein's counsel, the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the victims. The United States retains the right to submit to the independent third-party a written statement, disclosed to and approved by Epstein, that will set forth in general terms the role of any attorney representative in negotiating a settlement for any claimant and the further role of advising such potential claimants of their alternative right to retain their own counsel for the purposes of separate litigation.
I made it "will assign" because I understood that you didn't actually want to pick the lawyer and that you wanted judge davis, or someone like him, to select the lawyer.
The other edits should be clear to you in terms of what I am trying to safeguard, but I would be happy to discuss with you later this pm.
Thanks. Jay
----- Original Message -----
From: "[REDACTED] (USAFLS)" [[REDACTED]]
Sent: 10/11/2007 12:17 PM AST
To: Jay Lefkowitz
Cc: "Acosta, Alex (USAFLS)" <[REDACTED]>
Subject: Addendum
Jay,
Pursuant to our conversation. Thanks,
[REDACTED]
IN RE:
INVESTIGATION OF
JEFFREY EPSTEIN
________________________/
ADDENDUM TO THE NON-PROSECUTION AGREEMENT
IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter “paragraph 7”), that agreement is modified as follows:
1. The United States has the right to assign to an independent third-party, the responsibility for consulting with and, subject to the good faith approval of Epstein’s counsel, selecting the attorney representative for the victims. If the United States elects to assign this responsibility to an independent third-party, the United States retains the right to request that the independent third-party also consult with the United States.
2. Pursuant to paragraph 7, Epstein has agreed to pay the fees of the attorney representative. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, the attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease.
By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them.
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
Dated: __________ By: ______________________________
[REDACTED]
ASSISTANT U.S. ATTORNEY
Dated: __________ ______________________________
JEFFREY EPSTEIN
Dated: __________ ______________________________
GERALD LEFCOURT, ESQ.
COUNSEL TO JEFFREY EPSTEIN
Dated: __________ ______________________________
LILLY ANN SANCHEZ, ESQ.
ATTORNEY FOR JEFFREY EPSTEIN
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The information contained in this communication is confidential, may be attorney-client privileged, may constitute inside information, and is intended only for the use of the addressee. It is the property of Kirkland & Ellis LLP or Kirkland & Ellis International LLP. Unauthorized use, disclosure or copying of this communication or any part thereof is strictly prohibited and may be unlawful. If you have received this communication in error, please notify us immediately by return e-mail or by e-mail to postmaster@kirkland.com, and destroy this communication and all copies thereof, including all attachments.
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