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

Exhibit A Case No. 08-80736-CIV-MARRAMOHNSON EFTA00208080 Case 9:08-cv-80736-KAM Document 57-1 Entered on FLSD Docket 04/07/2011 Page 45 of 54 Marketing, Inc. v. FDIC, 45 F.3d 1278, 1286 (9ih Cir. 1994)("Estoppel may not prevent an objection to subject matter jurisdiction, because such an objection to subj

"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

(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 (9ih Cir. 1994)("Estoppel may not prevent an objection to subject matter jurisdiction, because such an objection to subj

re "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 v. Bally's Louisiana, Inc., 244 F.3d 474, 476-77 (V' Cir. 2001), citing McNamara v. Miller, 269 F.2d 511, 515 (D.C. Cir. 1959). In contrast, a judi

3), and Intercontinental Thavel 44 EFTA00230109 ovenfiedry#, 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 (9' Cir. 1994)("Estoppel may not prevent an objection to subject matter jurisdiction, because such an objection to subje