From: " (USAFLS)" </O=USA/OU=FLS/CN=RECIPIENTS/CN=
To: "Jay Lefkowitz" <
Subject: RE: Confidential - for settlement purposes only
Date: Tue, 16 Oct 2007 20:00:00 +0000
Importance: Normal
Jay,
The below is exactly the same as yours, except for deletion of "Other than the joint written submission, neither the United
States nor Epstein's counsel shall communicate with the independent third party nor shall the United States communicate
with the attorney representative selected by him" in your 1(a).
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 individuals identified under the
Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States
and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent
third-party prior to the final designation of the attorney representative.
2. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the
attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular
customary hourly rate for representing such victims subject to the provisions of paragraph 3, infra.
3. Pursuant to additional paragraph 1, Epstein has agreed to pay the fees of the attorney representative selected by the
independent third party. 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, an 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 of the
Agreement 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.
----Original Message
From: Jay Lefkowitz (mailto:
Sent: Monda . October 15, 2007 10:53 AM
To: (USAFLS)
Subject: Confidential - for settlement purposes only
- pls let me know if you want to discuss this
later today. I should be free after 330 pm.
1(a). 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 individuals identified under the
Agreement. The parties will jointly prepare a short
written submission to the independent third-party
regarding the role of the attorney representative and
regarding Epstein's Agreement to pay such attorney
representative his or her regular customary hourly rate
for representing such victims subject to the provisions
of paragraph 2, infra. Further, if the United States
elects to assign this responsibility to an independent
third-party, both the United States and Epstein retain
the right to make good faith objections to the attorney
representative suggested by the independent third-party
EFTA00013616
prior to the final designation of the attorney
representative. Other than the joint written
submission, neither the United States nor Epstein's
counsel shall
communicate with the independent third party nor shall
the United States communicate with the attorney
representative selected by him.
2(b). Pursuant to paragraph 1, Epstein has agreed to
pay the fees of the attorney representative selected by
the independent third party. 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, an 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 of the Agreement 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.
Written Submission
The United States and Jeffrey E. Epstein have
executed an Agreement one section of which obligates
Epstein not to contest jurisdiction nor liability as to
any of 40 potential complainants whose identities are
on a list compiled by the United States to the extent
that such persons have a cause of action against
Epstein under 18 USC 2255 based on a good faith showing
of injury under that statute and who negotiate an
agreed settlement for damages pursuant to that statute
with Epstein's counsel. The attorney representative
selected by the independent third party shall each be
paid his or her normal hourly fee to discharge his or
her functions under this paragraph. The independent
third party's role will be to select an attorney
representative for the group of 40 potential
complainants as detailed above. The attorney
representative's role will be to consult with the
complainants and determine whether each or any of them
intend to negotiate a settlement with Epstein and waive
any other state or federal cause of action against him
(and if so, to facilitate such a settlement), or
whether each or any of them intend, instead, to
litigate a cause of action.
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