Epstein Secrets

ction 2422(b) expressly requires that the crime be committed "knowingly," and that requisite mental element applies as to each element of the crime. United Slates v, XCitement Video, Inc., 513 U.S. 64, 68.69 (1994); United States v. Meek, 366 F.3d 705, 718 (9lh Cir. 2004); United States v. Root, 296 F.3d 1222,

imited to sex trafficking that involves children or is accomplished by force, fraud, or coercion." United States v. Evans 476 F.3d at 1179 n. 1. Sec aho United States v, Sims, 171 Fed. 3505-019 Page 19 of 63 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00003291 EFTA00157673 ALLEN GUTHR

a result of the federal investigation], or acquittal on the merits shall be a bar to any subsequent federal prosecution for the same act or acts." U.S.A.M. § 9-2.031A (emphasis added). Consistent with that principle, and of particular relevance to this case, the Department itself just recently observed

ically underscore these principles and help to highlight why federal prosecution in this case would be improper as a matter of both law and policy. See United States v. Santos, No. 06-1005 (June 2, 2008); Cuellar v. United States, No. 06-1456 (June 2, 2008). Though they both address the interpretation and applica

ot its perceived role. But, CEOS should recognize that at least one prosecutor in this case — the Chief of the SAO Sex Crimes Division has done so. Lana Belohlavek not only met with and interviewed these witnesses during the course of the 15-month state investigation prior to any federal involvement, but she a

tivity for which a person can be charged with a criminal offense, that is a violation of Florida Statutes Section 794.05; in violation of Title 18, United StateW bode, Sections 2422(b) and 2. COUNT 22 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 55. Paragraphs 1 through 25 of this Indictment are re-alleged

rtment could bring charges, it should decline as a matter of prosecutorial discretion. The relevant factors are set forth in Section 9-27.230 of the United States Attorney's Manual, and those factors counsel against prosecution. Mr. Epstein has no criminal history of any kind. Given the unique nature of any pr

il litigation against him. They further demanded that Mr. Epstein waive EFTA00225865 • Page 44 case involving the murder of a federal official." U.S.A.M. § 9-2.031D. To put it mildly, that egregious example is a far cry from the situation at hand. Instead, the federal prosecutors' disagreement with t

to undertake discussion with the State Attorney's Office to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest pursuant to the Petite Policy." Id. However, after Mr. Epstein's counsel conveyed to the prosecutors the fact that they had appeared to ig

scher, the deeply respected Palm Beach County State Attorney, has served in that office, elected, reelected, and reelected yet again, for 12 years. Lana Belohlavek, the lead State prosecutor in this matter, is a career prosecutor who has over a decade of experience prosecuting sex-related crimes and was a foun

erson can be charged with a criminal 39 EFTA01718615 . offense, that is a violation of Florida Statutes Section 794.05; in violation of Title 18, United States Code, Sections 2422(b) and 2. COUNT 14 (Enticement of a Minor: 18 U.S.C. § 2422(b)) 49. Paragraphs 1 through 19 of this Indictment are re-alleged

ity or process of the prior prosecution. not the sentencing outcome. Second, the state plea agreement offered was not "manifestly inadequate" tinder U.S.A.M. § 9- 2.03ID. indeed, the only real difference hews= the state and federal plea proposals was whether Mr. Epstein served his sentence in jail or comm

n to undertake discussion with the $tate Attorney's Office In ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. pursuant to the Perire policy. We reiterate that this case was at heart a local matter that was being fully addressed by the state crimi

As established above. the State's charging decision. of one count of the solicitation of prostitution, was hardly irrational or irreµular. Indeed. Lana Belohlavek. a Florida sex prosecutor for 13 years. concluded that the women in question were prostitutes and that "there arc no victims here.- There was no e

o choose the harsher only when Congress has spoken in clear and definite language.") (citing United States v. McNally, 483 U.S. 350, 359-360 (1987); United States v. Universal CIT. Credit Corp., 344 U.S. 218, 221-222 (1952)) Furthermore, the rule of lenity also applies to Florida state criminal law. See Regis

, it is appropriate, before we choose the harsher alternative, to require that Congress should have spoken in language that is clear and definite". See United States v. Bass, 404 U.S. 336, 347-48 (1971) (citations and footnote omitted). It is fundamentally unfair to apply to conduct criminal statues that cannot b

e. Although she has refused to disclose such evidence despite our repeated requests, we continued to proceed in good faith. We were then informed by Lana Belohlavek that solicitation of a minor is not a registerable offense, and we promptly made that known to Ms. Villafana. With the evidence at hand, it is clea

to undcdakc discussion with the Slate Attomey's Office Ia custom caswpiiiiitim with these procedures. which compliance will be necessary to satisfy the United States' intero.t, pursuant to the Petite policy. We reiterate that this case was at heart a local mutter that was being billy addressed by the state crimi

ugh such misconduct was, as we contend it is, inextricably intertwined with the credibility of the accusations being made against Mr. Epstein by the United States Attorney's Office in Miami (''USAO"). Moreover. CEOS did not assess the terms of the Deferred Prosecution Agreement now in effect, nor did CEOS revi

. As established above. the State's charging decision. of one wow of the solicitation of prostitution. MIS hardly irrational or irregular. Indeed, Lana Belohlavek. a Florida sex prosecutor for 13 years. concluded that the women in question were prostitutes and that "there arc no victims here." there was no ev

nors. When asked about all the other victims, ASA Belohlavek stated that was the only offer made as to one vic

g Sarah Kellen le. Fittuy Ricw The parties anticipate that this agreement will not be made part of any public record,” the document concludes. “If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agree- ment, it will provide notice to Epste

he quality of the evidenc: at trial. With a federal c: considerations. First, a hom it may concern: ; ; Tow Y requires that the crime be Iserved as U. S. Attorney for the Southern District of Florida em an interstate nexus. Secoi e . : | fi m 2005 through 2009. Over the past weeks, I have read ; charge

iminal statutes, including those enacted to protect important federal interests. In cases involving the federalization of activity that is within the States’ historic police power, Congress must speak with particular clarity. See, e.g., Will v. Michigan Dep’t of State Police, 491 U.S. 58, 65 (1989). 12

tter points out (CEOS letter at p. 3), I was a member of CEOS. In fact, I served as a federal prosecutor for twelve years; five years as an Assistant United States Attorney for the Southern District of West Virginia, and seven years at CEOS. I began working as a trial attorney for CEOS in 1999, and was pr

not its perceived role. But, CEOS should recognize that at least one prosecutor in this case — the Chief of the SAO Sex Crimes Division has done so. Lana Belohlavek not only met with and interviewed these witnesses during the course of the 15-month state investigation prior to any federal involvement, but she aga

rms of this plea?”‘ Pucillo later asked. “Yes,’‘ Belohlavek replied, telling the judge that she had spoken to

nged for her to take a class in Thailand, but it came with a hitch: She said she was instructed to pick up a Thai girl he had arranged to come to the States. https://www.miamiherald.com/news/local/article2 19494920 html 4/3/2019 HOUSE_OVERSIGHT_017806 --- PAGE BREAK --- Even from jail, Jeffrey Epstein