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# ERMAN & MermelsteIN PA

A TORNEYS AT LAW

Jeffrey M. Herman
Tel
Fax

Miami, Florida 33160
www.hermanlaw.com

# FAX TRANSMITTAL

<table><tr><th>FROM</th><th>DATE</th><th>NO. OF PAGES</th></tr><tr><td>Jeffrey M. Herman</td><td>September 16, 2008</td><td>3</td></tr></table>

<table><tr><th>ΤΟ</th><th>COMPANY</th><th>FAX NUMBER</th></tr><tr><td></td><td>U.S. Attorney's Office</td><td></td></tr></table>

MESSAGE

RE: Jane Does 2-5 v. Jeffrey Epstein

Please see enclosed correspondence.

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU.

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# HERMAN & MermelsteiN PA

ATTORNEYS AT LAW

Jeffrey M. Herman
Tel
Fax

Miami, Florida 33160
www.hermanlaw.com

# September 16, 2008

# September 16, 2008 (cont.)

Via Fax and Regular Mail

Assistant U.S. Attorney

West Palm Beach, FL 33401

Re: Jeffrey Epstein

Dear Ms. Villafaña:

This concerns your letters to us and to sexual assault victims of Mr. Epstein dated September 2, 2008. Please be advised that we strenuously object to your letters on various grounds, and believe that they are in violation of the Florida Bar Rules.

# September 16, 2008 (cont.)

First, your letters attempt to steer the victims to a particular attorney, Mr. Josefsberg, and advise them that Mr. Josefsberg will be making an unsolicited contact to them in the next two weeks. This contact with prospective clients and solicitation reflected in your letters is contrary to Fla. Bar. Rule 4-7.4. Additionally, your letters are misleading in the following respects: (1) the action advocated to the victims in paragraph 2 refers generally to the victims' waiver of "any other claim for damages", failing to advise them that this waiver may include a valuable claim to punitive damages against an alleged billionaire; and (2) the letters imply in paragraph 3 that Mr. Epstein's agreement to pay attorney fees is a significant concession, when in fact a victim is entitled to reasonable attorneys' fees under the Statute upon proof of a violation, irrespective of Mr. Epstein's agreement.

# September 16, 2008 (cont.)

We accordingly demand that the U.S. Attorneys' office immediately cease and desist from directing unrepresented victims into unsolicited attorney contacts and misleading them about their rights in claims against Mr. Epstein. We demand that you instruct Mr. Josefsberg not to solicit victims, and to send letters to unrepresented victims correcting the misleading statements contained in your September 2, 2008 letters.

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Esq.
September 16, 2008

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Finally, we demand that you make no contact with our clients directly, and contact them only through our office. Our clients includ

Sincerely,

Jeffrey M. Herman

JMH/lr

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