Epstein Secrets

vision The United States Attorney's Office Southern District of Florida 99 NE 4th Street Miami, Florida 33132 Dear• Mr. Menthe': July 25, 2007 Jeffiry Epstein TELEPHONE la 1E)7370400 m ailman We have previously provided you with a memo as to why we believe no charge under 18 U.S.C. §2422(b) could or sho

ting this statute. We also posited that the language of the statute would have to be stretched beyond recognition to fit the particular facts of Mr. Epstein's ease.' Enclosed is data that strongly supports the arguments we previously made. We have thoroughly analyzed every prosecution brought under the

.S.C. §2422(b) could or should be brought against Jeffrey Epstein, even assuming the specific conduct that

beyond recognition to fit the particular facts of Mr. Epstein's ease.' Enclosed is data that strongly supports

flight risk. 2422(b) Not Consummated Showed up for meeting Sting 72 EFTA00079485 COURT CASES FACILITY FACTS/COMMUNICATION CHARGE.: U.S. v. Tykarsky, 2004 U.S. Dist. LEXIS 2567 (E.D. Pa. 2004) Internet Internet chat room "lloveoldermen2" defendant initiated communications with "14 yr-old"; s

t her for sex and had sex with her. Pled guilty but appealed 100 month, 5yr supervision & fines. Affirmed. 2422(b); 2423(b) Consummated U.S. v. Tykarsky, 446 F.3d 458 (3'd Cir. 2006) Internet Internet chat room "Iloveoldermen2"; defendant initiated IM chat with "14 yr- old"; indicated interest i

w best to use the broad discretion you enjoy in choosing whether to prosecute. In this regard, we suggest that having a greater understanding of who Jeffrey Epstein is as a person may help inform how best to proceed. Jeffrey Epstein was raised in a middle class neighborhood in Brooklyn, New York, by hardworking

hen it enacted this law.3 Though §2422(b) is susceptible to multiple interpretations, it was designed to address a specific a problem with which Mr. Epstein's case has nothing in common. If stretched to reach beyond the core concern of the statute, a host of problems immediately arise. A simple reading

igned to address a specific a problem with which Mr. Epstein's case has nothing in common. If stretched to re

s ttorney's Office Southern District of Florida Jeffrey Epstein Dear We write as counsel to Jeffrey Eps

very special thanks to generous support gil et”ey Epstein. for making this meeting happen. This meeting wa

vince, or to try to convince, her to engage in conduct proscribed by law, the statute may not be unconstitutional on its face. See United States v. Tykarsky, 446 F.3d 458, 470 (3d Cir. 2006) (both §§ 2422(b) and 2423(b) "fall squarely within Congress's power to regulate the first two categories of activ

RENA FAITH BY HAND of of the Criminal Division The United States Attorney's Office Southern Distri of Florida tams, on a 3132 July 25, 2007 Jeffrey Epstein •ELE.T., FACSIMILE Dear Mr. We have previously provided you with a memo as to why we believe no charge under 18 U.S.C. §2422(b) could or should b

ting this statute. We also posited that the language of the statute would have to be stretched beyond recognition to fit the particular facts of Mr. Epstein's case! Enclosed is data that strongly supports the arguments we previously made. We have thoroughly analyzed every prosecution brought under the s

istri of Florida tams, on a 3132 July 25, 2007 Jeffrey Epstein •ELE.T., FACSIMILE Dear Mr. We have pr

beyond recognition to fit the particular facts of Mr. Epstein's case! Enclosed is data that strongly supports

bail because not a flight risk. • 72 EFTA01729556 0:00 ., • ' CASES . 1, , - P FACILITY• . -,Piketglcial4patigfciaroN :cuact • U.S. v. Tykarsky, 2004 U.S. Dist. LEXIS 2567 (E.D. Pa. 2004) • Internet Internet chat room "Iloveoldermen2" initiated communications with "14 yr-old"; sexually

et her for sex and had sex with her. Pled guilty but appealed 100 month, 5yr supervision & fines. Affirmed. 2422(6); 2423(b) Consummated U.S v. Tykarsky, 446 F.3d 458 (3rd Cir. 2006) Internet Internet chat room "Iloveoldermen2"; defendant initiated 114 chat with "14 yr- old"; indicated interest

w best to use the broad discretion you enjoy in choosing whether to prosecute. In this regard, we suggest that having a greater understanding of who Jeffrey Epstein is as a person may help inform how best to proceed. Jeffrey Epstein was raised in a middle class neighborhood in Brooklyn, New York, by hardworking

ourl Subject: Jeffrey Epstein Illt hope you had a great holiday season. Gerald Lefcourt and I would like to speak with you early next week on the Epstein matter. if you provide me with some convenient dates and times for us to call you, I will coordinate with Gerry and confirm same. regards Lilly A

_CE08_00079 EFTA00184637 9:08-cv-80736-KAM Document 361-46 Entered on FLSD Docket 02/10/2016 Page 5 of 24 LAW DAVICCII or ALD B. LEFCOURT. PC. Jeffrey Matthew Esq. Andrew Laurie. Esq. Esq. The United States Attorney's Office Southern District of Florida July 6, 2007 Page 4 The bulk impor

igned to address a specific a problem with which Mr. Epstein's case has nothing in common. If stretched to re

. Declining To Prosecute as an Exercise of Discretion Epstein is being prosecuted by state authorities in Florida. Even if we assume aiguendo that Epslein's conduct constitutes a federal crime that can be proven, nevertheless no "substantial Federal interest" would be served by prosecuting him. On this

he purpose of knowingly engaging in unlawful sexual activity with minors. United States Hayward, 359 F.3d 631, 638 (3d Cir. 2004); United Stales v Tykarsky, 446 F.3d 458, 471 (3d Cir. 2006). This is the highest level of culpability in the four tier hierarchy of culpability that the Model Penal Codc uses

Conduct Continued Past November I, 2004 4 C. The Goals of Sentencing Are Not Served by Applying the More Onerous 2004 Guidelines Based Solely on Epstein's Conduct 8 II. The Five-Point Adjustment Under USSG § 4B1.5 Does Not Apply 10 A. Ms. Maxwell Does Not Present a Continuing Danger to the Publi

ld be unjust and contrary to the express purpose of § 4B1.5.6 Furthermore, by applying § 4B1.5 Ms. Maxwell would face the same sentencing range that Jeffrey Epstein would face for the same offenses, even though he was indisputably the more culpable offender. It would be fundamentally unjust and contrary to the g

bi C. Stemheim Law Offices of Bobbi C. Stemheim Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN &

hether the alleged conspiracy continued beyond the effective date of the new penalty is one that must be submitted to the jury."); United States v. Tykarsky, 446 F.3d 458, 478-480 (3d Cir. 2006) ("[B]ecause the communications spanned two different versions of the statute [18 U.S.C. § 2422] with different

States v. Suarez, No. 21-1721, 2022 WL 1449174 (3d Cir. May 9, 2022) 13 United States v. Torres, 901 F.2d 205 (2d Cir. 1990) 3 United States v. Tykarsky, 446 F.3d 458 (3d Cir. 2006) 3 United States v. Watkins, 667 F.3d 254 (2d Cir. 2012) 20 Statutes Child Protection and Sexual Predator Punishme

w best to use the broad discretion you enjoy in choosing whether to prosecute. In this regard, we suggest that having a greater understanding of who Jeffrey Epstein is as a person may help inform how best to proceed. Jeffrey Epstein was raised in a middle class neighborhood in Brooklyn, New York, by hardworking

hen it enacted this law.5 Though §2422(b) is susceptible to multiple interpretations, it was designed to address a specific a problem with which Mr. Epstein's case has nothing in common. If stretched to reach beyond the core concern of the statute, a host of problems immediately arise. A simple reading

igned to address a specific a problem with which Mr. Epstein's case has nothing in common. If stretched to re

ERAL EXPRESS TELEPHONE FACSIMILE July 6, 2007 Jeffrey Sloman, Esq., First Assistant United States Attor

nvince, or to try to convince, her to engage in conduct proscribed by law, the statute may not be unconstitutional on its face. See United States'. Tykarsky, 446 F.3d 458, 470 (3d Cir. 2006) (both §§ 2422(b) and 2423(6) "fall squarely Congress's power to regulate the first two categories of activities d

. I was provided with the following documents by Mr. Epstein's defense counsel: the Agreement and the addendu

is a signed Affirmation of the Non-Prosecution Agreement and Addendum to same dated October 30. 2007 (collectively "Agreement" signed by my client Jeffrey E Epstein (see attached). Moreover, pursuant to the tams of the Agreement, please note that the plea and sentencing hearing have been scheduled foe January

z FROM: Joe D. Whitley DATE: December 5, 2007 RE: Jeffrey Epstein have been asked to offer my views regarding the case of Jeffrey Epstein ("Mr. Epstein"), who entered into a Deferred Prosecution Agreement ("the Agreement") with the United State's Attorney's Office for the Southern District of Florid

007 (collectively "Agreement" signed by my client Jeffrey E Epstein (see attached). Moreover, pursuant to t

el for the Purpose of engaging in unlawful sexual activities. United States v, Hayward 359 F.3d 631, 638 (3d Cir. 2004). See also United States v. Tykarsky 446 F.3d 458, 471 (3d Cir. 2006): EFTA00214725 12/07/07 FRI 15:39 FAI 1 213 880 8500 R I RMANDRELL I S 1.1.P lib 0 21 Alan Dcrshowitz, Esq. D

ivision The United States Attorney's Office Southern District of Florida 99 NE 41' Street Miami, Florida 33132 Dear Mr. Menchel: July 25, 2007 Jeffrey Epstein TELEPHONE '212)737-0400 FACSIMILE 12i P) 9/313-SI92 We have previously provided you with a memo as to why we believe no charge under 18 U.S.C.

ting this statute. We also posited that the language of the statute would have to be stretched beyond recognition to fit the particular facts of Mr. Epstein's case.t Enclosed is data that strongly supports the arguments we previously made. We have thoroughly analyzed every prosecution brought under the

Florida 33132 Dear Mr. Menchel: July 25, 2007 Jeffrey Epstein TELEPHONE '212)737-0400 FACSIMILE 12i

beyond recognition to fit the particular facts of Mr. Epstein's case.t Enclosed is data that strongly supports

ey were supposed to meet. 2422(b) Not Consummated Showed up for meeting Sting Allowed to be released on bail because not a flight risk. U.S.' Tykarsky, 2004 U.S. Dist. LEXIS Internet Internet chat room "Iloveoldemien2" defendant initiated communications with 2422(b); 2423 Sting 2567 (E.D. Pa

m: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, July 26, 2007 8:49 AM To: Menthe', Matthew (USAFLS) Cc: Lourie, Andrew (USAFLS) Subject: Epstein Hi Matt - I had hoped to have a revised indictment for our discussion today but Mr. Black's motion has demanded my immediate attention. However, i

ested him. Sentence 13 months; appealed conviction & sentence. Affirmed. CHARG 2422(b) Not Consummated Showed up for meeting 2 EFTA00226394 JEFFREY EPSTEIN 18 U.S.C. §2422(b) CASE ANALYSIS CHART A nationwide search of all cases listing charges under 18 U.S.C. §2422(b) underscores the undeniable fact th

ummated Showed up for meeting 2 EFTA00226394 JEFFREY EPSTEIN 18 U.S.C. §2422(b) CASE ANALYSIS CHART

ey were supposed to meet. 2422(b) Not Consummated Showed up for meeting Sting Allowed to be released on bail because not a flight risk. U.S.' Tykarsky, 2004 U.S. Dist. LEXIS Internet Internet chat room "Iloveoldennen2" defendant initiated communications with 2422(b); 2423 Sting 2567 (E.D. Pa