Epstein Secrets

Subsequently, Ms. 4 08-80736-CV-MARRA RFP WPB 001657 EFTA00209836 KIRKLAND & ELLIS LLP emailed the defense stating that United States Attorney Acosta would accept no ess than 18 months of incarceration, following by a one-year term of house arrest. Federal Prosecutors Misrepresented the Number of

rom beci ninr public." See Tab 27, September 24, 2007 Email from J. Lefkowitz to M. 22. Ms. replied that she had "forwarded your message only to Alex [Acosta], Andy [Lourie], and Rolando [Garcia]. I don't anticipate it going any further than that." Id. 23. Ms. stated that the agreement would be "placed

matters related -to these subpoenas with other attorneys. Thank you again for your assistance. cc: E. Nesbitt Kuyrkendall, FBI By: Sincerely, R. Alexander Acosta United States Att A. Marie Assistant United States Attorney 08-80736-CV-MARRA RFP WPB 001698 EFTA00209877 05/15/2007 16:57 FAX 5618021787 US

A00209852 KIRKLAND & ELLIS LLP Congress to speak more clearly and keeps courts from making criminal law in Congress's stead." Slip op. at 6.I In Cuellar, the Court examined the link between the money-laundering statute's mens rea requirement and the underlying elements of the offense. After a careful

o Suprems Court decisions addressing that element. See Hansen'. Huff, 291 U.S. 559 (1934); Mortensen. United States, 322 U.S. 369 (1944). Santos and Cuellar speak loudly and clearly against prosecutors seeing such elasticity in federal criminal statutes, including those enacted to protect important fede

that the United States Attorney could bring this case in the exercise of his federal discretion should he so choose ("we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case."). (CEOS letter at p. 2). However, CEOS drew the conclusion that the 3505-

p this from limit public." See Tab 27, September 24, 2007 Email from J. Leficowitz to,. 22. -replied that she had "forwarded your message only to Alex [Acosta], [ , and I don't anticipate it going any further than that." Id. 23. stated that the agreement would be "placed in the case file, which will be

it is not in accord with the principles of justice. Indeed, as noted, just a few weeks ago, the Supreme Court underscored this point in Santos and Cuellar. The Court made clear that prosecutorial discretion does not provide the USAO cart blanche to expand criminal statutes as they seek to do here with

upreme Court decisions addressing that element. See Hansen v. Huff, 291 U.S. 559 (1934); Mortensen v. United States, 322 U.S. 369 (1944). Santos and Cuellar speak loudly and clearly against prosecutors seeing such elasticity in federal criminal statutes, including those enacted to protect important fede

that the United States Attorney could bring this case in the exercise of his federal discretion should he so choose ("we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case."). (CEOS letter at p. 2). However, CEOS drew the conclusion that the EFTA0

it is not in accord with the principles of justice. Indeed, as noted, just a few weeks ago, the Supreme Court underscored this point in Santos and Cuellar. The Court made clear that prosecutorial discretion does not provide the USAO cart blanche to expand criminal statutes as they seek to do here with

to the facts in this case. Importantly, we note that the CEOS review was conducted prior to the Supreme Court’s very recent decisions in Santos and Cuellar, which we believe—illuminating as they do the Court’s interpretive methodology when it comes to federal criminal law—powerfully demonstrate the subst

sequently, Ms. 4 HOUSE_OVERSIGHT_012163 --- PAGE BREAK --- KIRKLAND & ELLIS LLP Villafana emailed the defense stating that United States Attorney Acosta would accept no less than 18 months of incarceration, following by a one-year term of house arrest. Federal Prosecutors Misrepresented the Number of

lic.” See Tab 27, September 24, 2007 Email from J. Lefkowitz to M. Villafana. 22. Ms. Villafana replied that she had “forwarded your message only to Alex [Acosta], Andy [Lourie], and Rolando [Garcia]. I don’t anticipate it going any further than that.” Jd. 23. Ms. Villafana stated that the agreement would be

support both a narrow or broad application of the federal criminal law, "the tie must go to the defendant." United States v. Santos, 553 U.S. and Cuellar v. United States, 553 U.S (June 2, 2008), Slip Op. at 6. 2 February 25, 2003 Trafficking in Persons National Security Presidential Directive. EFTA

that the United States Attorney could bring this case in the exercise of his federal discretion should he so choose ("we conclude that U.S. Attorney Acosta could properly use his discretion to authorize prosecution in this case."). (CEOS letter at p. 2). However, CEOS drew the conclusion that the EFTA0

previously set forth herein, and as more fully explained in other submissions related to this case, the recent Supreme Court decisions in Santo and Cuellar make this attempted stretch of the law improper. EFTA00013796 --- PAGE BREAK --- ALLEN GUTHRIE MCHUGH & THOMAS, PLLC Mr. John Roth June 19, 200