Epstein Secrets

tate. The travel must be for the purpose of engaging in the unlawful sexual act. See s2 liftmen HufT, 291 U.S. 559, 562-63 (1934) and Mortensen'. United Stales. 322 U.S. 369, 374 (1944) ("An intention that the women or girls shall engage in the conduct outlawed by Section 2 must be found to exist before th

nduct, with any person, regardless of that person's age. Rather, it criminalizes travel for the purpose of engaging in unlawful sexual activities. United State;'. Hayward 359 F.3d 631, 638 (3d Cir. 2004). See also United States'. Tykarsky 446 F.3d 458, 471 (3d Cir. 2006): EFTA00221344 12/07/07 FRI 15:39

e," United States Cagithli. 49 F.3d 1079, 1083 (56 Cif( 1995), or "at least one of the defendant's motivations for taking trip in the first place," United Statist I EU& 935 F.2d 365, 389 (In Cir. 1991). Swain }Widow', 224 Fed. Appx. 923 (1 I s Cu. 2007) (unpublished). EFTA00221345 12/07/07 FRI 15:40 FAX 1

d 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 Florida ("USAO") to resolve state and federal criminal investigations relating to his actions involvi

as a myriad of other federal crimes, and worked closely with law enforcement officials at the local and state levels. From 1973 through 1987, I was a United States District Judge for the District of New Jersey and presided over many criminal trials and proceedings. In 1979 I was selected by the United States D

germent via the Internet. EFTA00221337 12/07/07 FRI 15:36 FAX I KIRKLAND&ELLIS LLP [ib014 Alan Dershowitz, Esq. December 7, 2007 Page 7 See United Sates 1. Searcy 418 F.3d 1193, 1197 (11th Cir. 2005) (citing H.R. Rep. No. 104.458, at 193 (1996) (Conf.Rep.)). ace ast K. Seto, Note- How S_hould Legislati

s, have essentially involved a standard fact pattern where an undercover agent pretends to be a young teenager on-line, and is directly solicitated. See United States'. Farner 251 F.3d 510 (5th Cir. 2001). See also Cagifitatest Root 296 F.3d 1222, 1227- 28 (11th Cir. 2002); United States I. Sims, 428 F.3d 945, 959

of State to be the United States Judge for Berlin to preside over a trial of individuals who allegedly highjacked an airplane from East Germany to West Berlin. Since 1987, I have been in the private EFTA00221333 12/07/07 FRI 15:35 FAX 1 KIRKLAND&ELLIS I.I.P a010 Alan Dershowitz, Esq. December 7, 200

h W. Starr JaillAtz Honorable Alice Fisher, Assistant Attorney General , First Assistant U.S. Attorney fL 003 EFTA01718525 12/06/07 'THU 15:25 FAX UNITED STATES ATTORNEY'S OFFICE SOUTHERN DISTRICT OF FLORIDA TRANSMISSION OK TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PCS. RESUL

rc approximately two dozen Eleventh Circuit cases involving prosecutions under § 2422(b), most of which involve this prototypical fact pattern. See, e.g„ United States v. Morton. 364 F3d 1300 (11th Cir. 2004), vacated for further consideration in light stf Booker, 125 S. Ct. 1338 (2006), opinion reinstated by, 144

as a myriad of other federal crimes, and worked closely with law enforcement officials at the local and state levels. From 1973 through 1987, I was a United States District Judge for the District of New Jersey and presided over many criminal trials and proceedings. In 1979 I was selected by the United States D

seeking to persuade or induce someone to engage in activity that would constitute a crime. See Richard A. Posner & Katharine B. Silbaug, A Guide to Americas Sex Laws 44 (Univ. of Chi. Press 1998). Accordingly, to violate § 2422(b), an actor must know that he is trying to persuade not only someone under

dant believes he is interacting with an adult, he is not guilty of the federal crime even if he is dealing with a minor pretending to be a grown-up. Sec United States v. Thomas 410 F.3d 1235 (le Cir. 2005). Mr. Epstein did not use any facility of interstate commerce to do the forbidden act - to persuade, entice,

of State to be the United States Judge for Berlin to preside over a trial of individuals who allegedly highjacked an airplane from East Germany .to West Berlin. Since 1987, I have been in the private EFTA01718541 12/07/07 FRI 15:35 FAX 1 RI RRLAND&ELLIS LLP Qoio Alan Dershowitz, Esq. December 7, 2007

te. The travel must be for the purpose of engaging in the unlawful sexual act. See so Hansen v. Huff, 291 U.S. 559, 562-63 (1934) and Mortensen v. UnitekStates, 322 U.S. 369, 374 (1944) ("An intention that the women or girls shall engage in the conduct outlawed by Section 2 must be found to exist before the

of his parents. Mr. Epstein surely did not go Some Courts have held that the illicit sexual conduct must be: an "efficient and compelling purpose," United Stake v. Meacham 115 F.3d 1458, 1495 (10° Cir. 1997); a "motivating purpose " United Suites v. clugfc1.1, 49 F.3d 1079, 1083 (5° Cir. 1995). Of "at least

d 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 Florida ("USAO") to resolve state and federal criminal investigations relating to his actions involvi

5). Of "at least one of the defendant's motivations for taking the trip in the first place," united States v. Sail 935 F.2d 385, 389 (I° Cir. 1991). SLAWUnited States v. ffotchouez, 224 Fed. Appx. 923 (11° Cir. 2007) (unpublished). EFTA00214726 12/07/07 FRI 15:40 FAX 1 213 680 8500 K RK LANDLELL LIP fril 022

of State to be the United States Judge for Berlin to preside over a trial of individuals who allegedly highjacked an airplane from East Germany to West Berlin. Since 1987, 1 have been in the private EFTA00214714 12 07'07 FRI 15135 FAX 1 213 680 8500 KIHNIAND&I-11.1.1S LIT a010 Alan Dershowitz, Esq.

believed he is interacting with an adult, he is not guilty of the federal crime even if he is dealing with a minor pretending to be a grown-up. See United Slates,. Thomas 410 F.3d 1235 (10th Cir. 2005). Mr. Epstein did not use any facility of interstate commerce to do the forbidden act - to persuade, entice,

80 8500 RIRRLAND&ELL I 5 LIT Alan Dershowitz, Esq. December 7, 2007 Page 6 1 have reviewed the submissions made on behalf of Mr. Epstein to the United States Attorney's office in the Southern District of Florida, which concluded that the cited federal statutes are inapplicable to the allegations made agai

s, have essentially involved a standard fact pattern where an undercover agent pretends to be a young teenager on-line, and is directly solicitated. Ste United States I Famer. 251 F.3d 510 (5th Cir. 2001). See also United States I. Root, 296 F.3d 1222, 1227- 28 (11°' Cir. 2002); United States Sims. 428 P.3d 945,

of State to be the United States Judge for Berlin to preside over a trial of individuals who allegedly highjacked an airplane from East Germany to West Berlin. Since 1987, I have been in the private EFTA00176209 12/07/07 FRI 15:35 FAX 1 213 680 8500 KIRKLANMELLIS 1.1.1' au() Alan Dershowitz, Esq. De

as a myriad of other federal crimes, and worked closely with law enforcement officials at the local and state levels. From 1973 through 1987, I was a United States District Judge for the District of New Jersey and presided over many criminal trials and proceedings. In 1979 I was selected by the United States D

of State to be the United States Judge for Berlin to preside over a trial of individuals who allegedly highjacked an airplane from East Germany to West Berlin. Since 1987, I have been in the private EFTA00605404 Alan Dershowitz, Esq. November 19, 2007 Page 3 practice of law and have represented client

ith the "expected" rates based upon the proportional availability of black females in the labor pool. Id. We endorsed a similar use of proxy data in United States v. County of Fairfax, involving a county government that had destroyed three years of employment applications. 629 F.2d at 940. To analyze hiring du

obert DiGiacomo ("Plaintiff') took a mortgage loan from non-party EquiFirst Corporation ("Equifirst") on March 17, 2008, secured by real property in West Berlin, New Jersey. (Complaint, Dkt. No. 1 ("Compl.")¶ 45)' Defendant Statebridge Company LLC ("Statebridge") serviced the loan, and pursuant to the mortg