Epstein Secrets

1 Robert C. Jose s re gt1tIo. 040856 Katherine W. Ezell, Bar No. 114771 Podhurst Orseck, P.A. 25

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

FAX 1 Mel R I RRLAND&ELLI S LLP 91002 Ken oth W. Styr To *Writrr I ctly: KIRKLAND & ELLIS LLP

ot be 2 EFTA01718491 05/16/2008 11:16 FAX 05/18/08 FRI 11:09 FAX @004/006 1004 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

as to confer a benefit on the third party." Fla. W. Intl Airways, Inc., 853 F. Supp. 2d at 1228 (quot

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

as to confer a benefit on the third party." Fla. W. Intl Ainvays, Inc., 853 F. Supp. 2d at 1228 (quot

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

as to confer a benefit on the third party." Fla. W. Intl Ainvays, Inc., 853 F. Supp. 2d at 1228 (quot

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

decision of the district court. AFFIRMED David W. TROEDEL, Petitioner-Appellee, Cross-Appellant,

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

eroa Street Los Angeles, Califomla 90017 Kenneth W. Starr PF Facsimile: To Call Writer Directly: (21

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

as to confer a benefit on the third party." Fla. W. Intl Ainvays, Inc., 853 F. Supp. 2d at 1228 (quot

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