Epstein Secrets

KIRKLAND & ELLIS LLP AND AFFILIATED PARTNERSHIPS Jay P. Lefkowitz, P.C. To Call Writer Di ctly: lefkowitz©kirkland.com VIA E-MAIL Honorable R. Alexander Acosta United States Attorney's Office West Palm Beach,

& ELLIS LLP AND AFFILIATED PARTNERSHIPS Jay P. Lefkowitz, P.C. To Call Writer Di ctly: lefkowitz©kirklan

y the provision limits tolling to "prosecution" rather than simply all claims. This conclusion is supported by Smith v. Husband, 376 F.Supp.2d 603 (E.D. Va. 2005), which contemplated the statute of limitations period for 2255 claims and was decided after the PROTECT Act was enacted. In Smith, the Court did n

f Justice Washington, D.C. 20530 June 23, 2008 Jay Lefkowitz„ Esq. Kenneth Starr, Esq. Kirkland and Ellis LL

stice Washington, D.C. 20530 June 23, 2008 Jay Lefkowitz„ Esq. Kenneth Starr, Esq. Kirkland and Ellis LL

at two district courts have held that plaintiffs may pursue a § 2255 action even without a prior conviction, Smith I. Husband, 376 F. Supp. 2d 603 (E.D. Va. 2005); Doe I. Liberatore 478 F. Supp. 2d 742 (E.D. Pa. 2007). But with due respect, these decisions overlook the relevant legislative history set forth a

ment 361-60 Entered on FLSD Docket 02/10/2016 Page 2 of 2 (USAFLS) rom: (USAFLS) Il ibject: nt: 'A I hursday, September 20, 2007 6:42 PM 'Jay Lefkowitz' RE: Plea Agreement -- EPSTEIN Jay -- The 18 and 12 has already been agreed to by our office, so that is not a problem. On the issue about 18 USC 2

P-013350, which involves "File folder entitled `12/05/07 Starr to containing drafts of 11/30/07 letters from A. Acost to K. Starr and from J. to J. Lefkowitz re performance and victim notification with handwritten notes and edits by A. Villafafia." This information goes very directly to the issues involve

hy the provision limits tolling to "prosecution" rather than simply all claims. This conclusion is supported by Smith'. Husband, 376 F.Supp.2d 603 (E.D. Va. 2005), which contemplated the statute of limitations period for 2255 claims and was decided after the PROTECT Act was enacted. In Smith, the Court did n