Epstein Secrets

prosecuted. The new Grand Jury subpoena clearly violates the Non- Prosecution Agreement. Although Mr. Epstein has exercised his rights to appeal to the Department of Justice with the MI consent and knowledge of the USAO, he has not breached the Agreement. The re-commencing of the Grand Jury is in violation of the Agreeme

401 lastosarse nottm .44Isse US DeP•Mlilla I tr4 tram Race.” Fodor& AulaSciti Attailnistratien 08-80736-CV-MARRA RFP WPB 001697 EFTA00209876 U.S. Department of Justice United Slates Attorney Southern District of Florida 500 South Australian Ave., Suite 400 West Palm Beach, FL 3340! (361)820-8711 Facsimile: (56

statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point: The defendant in Bailey contended that attempt under § 2422(6) 'requires the specific intent to commit illegal sexual acts

prosecuted. The new Grand Jury subpoena clearly violates the Non- Prosecution Agreement. Although Mr. Epstein has exercised his rights to appeal to the Department of Justice with the full consent and knowledge of the USAO, he has not breached the Agreement. The re-commencing of the Grand Jury is in violation of the Agree

nt can be found guilty of that offense only if...the defendant believed that such individual was less than (18) years of age..."); United States v. Murrell, 368 F.3d 1283, 1286 (I I1° Cir. 2004) (§ 2422(b) requires that the defendant knowingly target a minor). Importantly, then, all the elements must be

der to sustain a conviction. In particular, § 2422(b) requires that the defendant specifically intended to target a minor. ke,ligh, United States v. Murrell, 368 F.3d 1286 (11th Cir. 2004) ("[T]o prove an attempt the government must first prove that [defendant], using the Internet, acted with a specific

e an concerns in this regard, please feel free to contact me at, or Special Agent from the Federal Bureau of Investigation at You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at That Office has a website at www.ovc.gov. You can seek the advice of an attorney with respect t

eedings free from unreasonable delay. (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. Members of the U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights

61 (11th Cir. 1949); United States Rojas, 145 Fed. Appx. 647 (11th Cir. 05); United States I Root, 296 F.3d 1222 (11'h Cir. 200 ). United States I Murrell, 368 F.3d 1283 (11th Cir. 2004), is in the same mold, except that, in that tiling operation, the defendant communicated, not with the purported 13 y

to contest civil liability for claims brought by alleged victims is the risk of excessive government influence in private civil matters. Therefore, the Department of Justice should seriously consider whether the use of such conditions in criminal plea agreements is appropriate at all, and if so, what restrictions and ove

e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004). See also United States v. Bailey 228 F.3d 637, 639 (02' Cu. 2000) ("Congress has made a clear choice to crim

to contest civil liability for claims brought by alleged victims is the risk of excessive government influence in private civil matters. Therefore, the Department of Justice should seriously consider whether the use of such conditions in criminal plea agreements is appropriate at all, and if so, what restrictions and ove

(e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States'. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004). See also United States Bailey, 228 F.3d 637, 639 (02' Cu. 2000) ("Congress has made a clear choice to crimi

FCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANPPSANCHEZ, ES . ATTORNEY FOR JEFFREY EPSTEIN Case No. 08-80736-CV-MARRA P-011816 EFTA00192862 U.S. Department of Justice United States Attorney Southern District of Florida R ALEXANDER ACOSTA UNITED STATES ATTORNEY DELIVERY BY FACSIMILE Lilly Ann Sanchez Fowler W

facility (the mail, phone, or intemet)—not thereafter—and the scienter element must be present while the facility is being used. See United States'. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004) ("[T]he government must first prove that [Defendant], using the Internet, acted with a specific intent to per

hat official in an affidavit states that he is acting, and will continue to act, in the matters herein involved, 'in conformity with the advice of the Department of Justice.' He states: 'That heretofore, believing that he could not properly sell stamps for tax payments on beer illegally manufactured, and that his so d

the possibility more appealing" an "to stimulate the occurrence of." United States Rashkovski, VI F.3d 1133, 1137 (9th Cir.2002); United States Murrell, 368 F.3d 1283, 1287 (11th Cir.2004). This Court rests on the plain meaning of the words in the statute in deciding whether the Government has sat

2 Q. Then it says, is that 3 right? 4 A. Yes, sir. 5 Q. Then do you see the next couple pages includes 6 a letter from Adam Fetterman to the Department of State? 7 Do you see that? 8 A. Yes, sir. 9 Q. And then the next -- the next page is an 10 articles -- articles of organization for Florida limite

na to incriminate me for -- for my lob. 6 And he says, no, no, no. But if you want to 7 get a lawyer, that's fine. 8 And that's where I got Mr. Murrell and he—lust 9 came to us, to sian this, to -- that was the end of it. 10 Q. Who got Mr. Murrell for you? 11 A. Who got it? Mr. Epstein. 12

" MR. BERGER: It's Las Villas, V-I-L-L-A-S, Alessi Properties. MR. WILLITS: Thank you. BY MR. BERGER: Q. The next Exhibit, sir, has papers from the Department of State, Division of Corporations. Do you see it makes reference to Alessi Properties, LLC? Up at the top. PROSE COURT REPORTING AGENCY, INC. Electronica

7 get a lawyer, that's fine. 8 And that's where I got Mr lancl 'ust 9 came to us, to sign this, to -- that was d of it. 10 Q. Who got Mr. Murrell for you? 11 A. Who got it? Mr. Epstein.  12 Q. When you met with this investigator at 13 Carabbas, 14 A. Yes. 15 Q. -- did he record

acsimile: www.kirkland.com Dir. Fax: June 19, 2008 John Roth, Esq. Principal Associate Deputy Attorney General Office of the Deputy Attorney General United States Department of Justice 950 Pennsylvania Avenue, N.W., Room 4115 Washington, D.C. 20530 Dear Mr. Roth: I again want to thank you for this opportunity to explain why we be

e prosecuted. The new Grand Jury subpoena clearly violates the Non- Prosecution Agreement. Although Mr. Epstein has exercised his rights to appeal to the Department of Justice with the full consent and knowledge of the USAO, he has not breached the Agreement. The re-commencing of the Grand Jury is in violation of the Agreem

ce, a conviction under the statute only requires a finding that the defendant had an intent to persuade or to attempt to persuade.’ United States v. Murrell 368 F.3d 1283, 1287 (11th Cir. 2004) (citing United States v. Bailey, 228 F.3d 637, 638-39 (6th Cir.2000)). Thus, the targeted criminal conduct must

e statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point: The defendant in Bailey contended that attempt under § 2422(b) ‘requires the specific intent to commit illegal sexual acts r