Epstein Secrets

"case" as "a question contested before a court of justice"). This general understanding is equally applicable to criminal proceedings. In Chavez v. Martinez, 538 U.S. 760 (2005), the Supreme Court held that a criminal "case" — as distinct from an investigation — "at the very least requires the initiation

bject matter jurisdiction cannot be conferred by estoppel, Mickler v. Nimishillen and Tuscarawas Railway Co., 13 F.3d 184, 189 (611' Cir. 1993), and Intercontinental Travel 44 Respondent's Exhibit A Case No. 08-80736-CIV-MARRAMOHNSON EFTA00208080 Case 9:08-cv-80736-KAM Document 57-1 Entered on FLSD Docket 04/07/20

"case" as "a question contested before a court of justice"). This general understanding is equally applicable to criminal proceedings. In Chavez v. Martinez, 538 U.S. 760 (2005), the Supreme Court held that a criminal "case" — as distinct from an investigation — "at the very least requires the initiation

ject matter jurisdiction cannot be conferred by estoppel, Mickley. v. Nimishillen and Tuscarawas Railway Co., 13 F.3d 184, 189 (611' Cir. 1993), and Intercontinental Travel 44 EFTA00078878 Case 9:08-cv-80736-KAM Document 62 Entered on FLSD Docket 04/08/2011 Page 45 of 54 Marketing, Inc. v. FDIC, 45 F.3d 1278, 1286 (

rc "merely a statement of assertion or concession made for some independent purpose," and may be controverted or explained by the party who made it. Martinez I Bally's Louisiana, Inc., 244 F.3d 474, 476-77 (51° Cir. 2001), citing McNamara v. Miller, 269 F.2d 511, 515 (D.C. Cir. 1959). In contrast, a judi

subject matter jurisdiction cannot be conferred by estoppel, Micklerl Nimishillen and Tuscarawas Railway Co., 13 F.3d 184, 189 (6' Cir. 1993), and Intercontinental Travel 44 EFTA00177094 Case 9:08-cv-80736-KAM Document 62 Entered on FLSD Docket 04/08/2011 Page 45 of 54 Marketing, Inc.' FDIC, 45 F.3d 1278, 1286 (9