Epstein Secrets

riminal defense attorney and former U.S. Attorney Joe Whitley, which assessed purported improprieties

ys in which they have tried to breach the agreement to convince you guys to let me indict.” In Washington, D.C., Lourie consulted with CEOS Chief Oosterbaan, asking for his thoughts on defense counsel’s arguments. At the same time, at Lourie’s request, Villafaña sent the NPA and its addendum to Lourie

upport the prosecution.” On March 6, 2008, Acosta alerted Sloman and Oosterbaan that Starr and Lefkowitz had called him to express “concern” about Oosterbaan’s participation in the case, and indicated that “they may ask for more senior involvement.” Acosta “informed them that they certainly had the righ

omplaints, and asked her to meet with him, Lefkowitz, and Whitley. Meanwhile, Oosterbaan’s Deputy Chief drafted a decision letter to be sent from Oosterbaan to Lefkowitz, and over the course of several weeks, it was reviewed by and received input from Deputy Assistant Attorney General Mandelker and Assi

ll of our concerns on this matter. I respectfully request that you consider the issues I discuss below in conjunction with the ethics opinion of Mr. Joe I). Whitley that I faxed to your Office on December 7. Background of Negotiations believe it is important for you to be aware of the full scope an

ection 2255 issue was raised. After considering the arguments raised at the September 7th meeting, and after conferring with the FBI and with Chief Oosterbaan, our Office decided to proceed with the indictment. At that time, I reminded Mr. Lefkowitz that he had previously indicated his desire to appeal suc

erstood that you wished to present federalism-based concerns regarding our prosecution. To ensure a full consideration of your arguments, I invited Drew Oosterbaan, Chief of the Criminal Division's Child Exploitation and Obscenity Section, to travel from Washington to attend our meeting. During the September 7t

General Mark Filip (Exhibit B- 33), and he hired Joe Whitley to join his defense team. I was informed

ry led me to conclude that the inclusion of a provision under § 2255 would be the best way to protect the victims' right to restitution. CEOS Chief Oosterbaan described the agreement as "a very significant result that will serve the victims well" (Exhibit 71). I should note that a plea to one of the feder

hel had engaged in plea discussions with Lilly Ann Sanchez. (Exhibit 3.) The second was in early September 2007 after my discussion with CEOS Chief Drew Oosterbaan regarding this subject. (Exhibit 44.) Later, I believe after the NPA was already signed, Jeff Sloman told me that the Office had taken the position

After the NPA was signed, former U.S. Attorney Joe D. Whitley joined the defense team, as did the fo

t despite Oosterbaan’s favorable opinion of the case, “[t]his was . . . a bit of uncharted territory,” involving facts that were unlike the case law Oosterbaan had cited. Although Lourie had some concerns about the legal issues and about the witnesses, he “probably” did not see any impediment to going for

d in the case and describing it as a “highly sensitive” case involving “a high profile, very rich defendant.”39 After CEOS reviewed the materials, Oosterbaan responded to Lourie with an email stating that the memorandum was “exhaustive” and “well done” and noting that Villafaña “has correctly focused on

DLF.I.I.1 5 lip 111006/013 1 Kenneth W. Starr Joe D. Whitley Kirkland & Ellis LLP Alston & Bird L

District of Florida, for making misrepresentations during a prior sentencing proceeding. In fact, Stephanie Thacker, a former deputy to CEOS Chief Drew Oosterbaan, has stated that she knew of no other case like this being prosecuted by CEOS. • 3 RIP MIA 006480 EFTA00208961 KIRKLAND & ELLIS LLP 12. In A

ent ethics opinions of Judge Herbert J. Stern and Joe D. Whitley" 12/7/2007 Alan Dershwitz Herbert J

o conduct "due diligence" on selection of Podhurst firm 11/27/2007 Plea Notification Letter at 7:11 pm B 3 11/28/2007 A. Marie Villafaiia, A. Oosterbaan, R. Garcia A. Laurie Email re non-prosecution agreement with attached correpondence 11/28/2007 Alice S. Fisher, Assistant Attorney General S

einberg, Stephanie Thacker, Guy Lewis, Mike Tein, Joe Whitley and Herb Rosen, have expressed sincere o

including those for which Ms. Villafana improperly threatened to prosecute Mr. Epstein. In fact, Stephanie Thacker, a former deputy to CEOS Chief, Drew Oosterbaan, stated that she knew of no other case like this being prosecuted by CEOS. See also page 2 of the Memorandum of former United States Assistant Atto

Florida under the direction of affiant Detective Joe Recarey. EFTA00184518 Case 9:08-cv-80736-KAM D

prosecutorial discretion should he authorize federal prosecution of Mr. E cc: AAG Alice S. Fisher DAAG Sigal P. Mandelker U.S. Attorney Si 5 Oosterbaan RFP MIA 000365 EFTA00184594 Case 9:08-cv-80736-KAM Document 361-40 Entered on FLED Docket 02/10/2016 Page 1 of 3 EXHIBIT 40 EFTA00184595

ent ethics opinions of Judge Herbert J. Stern and Joe D. Whitley" 12/7/2007 Alan Dershwitz Herbert J

conduct "due dilligence" on selection of Podhurst firm 11/27/2007 Plea Notification Letter at 7:11 pm )3-3 11/28/2007 A. Marie Villafaiia, A. Oosterbaan, R. Garcia A. Lourie Email re non-prosecution agreement with attached correpondence 11/28/2007 Alice S. Fisher, Assistant Attorney General S