Epstein Secrets

CTIONS: EFTA00192748 U0/10/4000 11:10 rAA 06/18/08 FRI 11:08 FAX • wdloweavuu lib 002 U.S. Department of Justice Criminal Division Andrew a Oosterbaan, Chief child tratokadun and OtacraySaction Jay Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 E. 53i0 St. Now York, NY 10022-4611 R

2 EFTA00192750 05/16/2008 II:10 FAA 05/10708 FRI 11:09 FAX '&9004/000 rib 004 so novel as to implicate the so-called "clear statement rule," the Ex Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect

TRUCTIONS: EFTA00223470 U0/10/ZUVO 11:10 VAA 65/10/08 FRI 11:08 FAX kimuucividu O002 U.S. Department of Justice Criminal Division Andrew (3. Oosterbaan, Chief Child training:ion and Otacen0Y Section Jay Lofkowitz, EEL. Kirkland & Ellis LLP Citigroup Center 153 B. 53" St. New York, NY 10022-4611

be 2 EFTA00223472 05/16/2008 11:1U FAX 05/1O08 FRI 11:09 FAX luivv4itivo O004 so novel as to implicate the so-called "clear statement rule," the Ex Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect

TRUCTIONS: EFTA00224769 U0/10/ZUVO 11:10 VAA 65/10/08 FRI 11:08 FAX kimuucividu O002 U.S. Department of Justice Criminal Division Andrew (3. Oosterbaan, Chief Child training:ion and Otacen0Y Section Jay Lofkowitz, EEL. Kirkland & Ellis LLP Citigroup Center 153 B. 53" St. New York, NY 10022-4611

be 2 EFTA00224771 05/16/2008 11:1U FAX 05/1O08 FRI 11:09 FAX luivv4itivo O004 so novel as to implicate the so-called "clear statement rule," the Ex Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect

time, Epstein's attorneys advised that an agreement involving jail time would not be acceptable. On August 31, 2007, the FBI agents and I met with Drew Oosterbaan, Chief of the Child Exploitation and Obscenity Section, to discuss the evidence and theory of the prosecution. Ile had previously been provided wit

Document 29 Entered on FLSD Docket 05/26/2009 Page 8 of 36 B. Masha's Law Does Not Apply To This Case. The presumption against retroactivity and the Ex Post Facto clause preclude application of Masha's Law in this case, where the alleged predicate conduct was completed before 2006. 1. Congress Dld Not Intend

lying with certain parts of the NPA. OPR Report at 95. According to the report: me time, at [USAO-SDFL supervisor sent the NPA and its addendum t Oosterbaan responded to Lourie that he was "not thrilled" about the NPA; described Epstein's conduct as unusually "egregious," particularly because of its ser

of limitations for such crimes through the lifetime of the victim. 30 EFTA00099997 the resurrection of time-barred prosecutions, in violation of the Ex Post Facto Clause.14 But that concern is entirely separate from extending the statute of limitations for live claims, which is what Congress did here. Critica

95. According to the report: At the same time, at [USAO-SDFL supervisor] Lourie's request, Villafafta sent the NPA and its addendum to Lourie and Oosterbaan. Oosterbaan responded to Lourie that he was "not thrilled" about the NPA; described Epstein's conduct as unusually "egregious," particularly becau

Leahy's comments indicate that Congress declined to add language that would allow for the resurrection of time-barred prosecutions, in violation of the Ex Post Facto Clause.14 But that conduct in 2000). Indeed, that is precisely what Congress authorized when it extended the statute of limitations for such crimes

95. According to the report: At the same time, at [USAO-SDFL supervisor] Lourie's request, Villafafta sent the NPA and its addendum to Lourie and Oosterbaan. Oosterbaan responded to Lourie that he was "not thrilled" about the NPA; described Epstein's conduct as unusually "egregious," particularly becau

Leahy's comments indicate that Congress declined to add language that would allow for the resurrection of time-barred prosecutions, in violation of the Ex Post Facto Clause.14 But that conduct in 2000). Indeed, that is precisely what Congress authorized when it extended the statute of limitations for such crimes

, Chief, Criminal Division Rolando Garcia, Deputy Chief, Criminal Division Karen Atkinson, Chief, Northern Region From: cc: A. Marie Villafafia Drew Oosterbaan Myesha Braden INTRODUCTION This third supplement summarizes the changes to the indictment and prosecution memo since the first presentation in Ma

ct future behavior *1039 and that the question is so vague as to be meaning- less. That calls into play the concept our Court of Appeals applied to the Ex Post Facto r Clause (albeit in a different con t from the present one) in United States Sutton, 521 F.2d 1385, 1390- (7th ir.1975) (quoting United State

: — HOUSE_OVERSIGHT_012669 0027006 05/16/2008 11:16 FAX gooz a 05/16/08 FRI 11:08 FAX U.S, Department of Justice Criminal Division Andrew G, Oosterbaan, Chief 1460 New York Avanue, NW Suite 600 Washington, DC 20530 (202) 514-8780 FAN: (202) §}4-1793 Child Exploitation and Obscenity Section May

HOUSE_OVERSIGHT_012671 2] 004/006 05/16/2008 11:16 FAX ioe 05/16/08 FRI 11:09 FAX 80 novel as to implicate the so-called “‘clear statement rule,” the Ex Post Facto clause, or the Due Process clause. As with the other legal issues, Mr. Acosta may elect to proceed with the case. Absence of coercion. With respect

95. According to the report: At the same time, at [USAO-SDFL supervisor] Lourie's request, Villafaiia sent the NPA and its addendum to Lourie and Oosterbaan. Oosterbaan responded to Lourie that he was "not thrilled" about the NPA; described Epstein's conduct as unusually "egregious," particularly becau

of limitations for such crimes through the lifetime of the victim. 30 EFTA00103055 the resurrection of time-barred prosecutions, in violation of the Ex Post Facto Clause.14 But that concern is entirely separate from extending the statute of limitations for live claims, which is what Congress did here. Critica