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 Appx. 923 (1 I s Cu. 2007) (unpublished).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

ay show that Mr. Epstein paid for sexual services, he most certainly did so with untainted, legitimately earned funds. • • • • s Instructive is the Eleventh Circuit Pattern Jury Instrucuun 70.4 which states that the defendant can be found guilty of § 1956(aX3XA) only if (I) he knowingly conducted a financial transaction

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

ay show that Mr. Epstein paid for sexual services, he most certainly did so with untainted, legitimately earned funds. • • • • s Instructive is the Eleventh Circuit Pattern Jury Instrucuun 70.4 which states that the defendant can be found guilty of § 1956(aX3XA) only if (I) he knowingly conducted a financial transaction

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,

vidence may show that Mr. Epstein paid for sexual services, he most certainly did so with untainted, legitimately earned funds. • 5 Instructive is the Eleventh Circuit Pattern Jury Instruction 70.4 which states that the defendant can be found guilty of § 1956(a)(3XA) only if (I) he knowingly conducted a financial transacti

de, or arouse or gratify the sexual desire of any person. And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has attained the age of 12 years but has not attained the ag

hapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeiture to the United States—(1) such person's interest EFTA00229855 in any property, real or personal, that was used or intended to be used to commit or to facilitate the commi

use of that facility to entice a minor to engage in "any sexual activity for which any person can be charged with a criminal offense." According to the Eleventh Circuit Pattern Jury Instruction, the determination of what sexual activity is criminal is governed by Florida law. Florida law bars a person from procuring anyone

de, or arouse or gratify the sexual desire of any person. And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has attained the age of 12 years but has not attained the ag

hapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeiture to the United States—(1) such person's interest EFTA00229874 in any property, real or personal, that was used or intended to be used to commit or to facilitate the commi

use of that facility to entice a minor to engage in "any sexual activity for which any person can be charged with a criminal offense." According to the Eleventh Circuit Pattern Jury Instruction, the determination of what sexual activity is criminal is governed by Florida law. Florida law bars a person from procuring anyone

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

ign country for sexual purposes, or for that matter, that he traveled to a foreign country to engage in illicit sexual activities. 1 Instructive is the Eleventh Circuit Pattern Jury Instruction 70.4 which states that the defendant can be found guilty of § I956(aX3)(A) only If (1) he knowingly conducted a financial transacti

use of that facility to entice a minor to engage in "any sexual activity for which any person can be charged with a criminal offense." According to the Eleventh Circuit Pattern Jury Instruction, the determination of what sexual activity is criminal is governed by Florida law. Florida law bars a person from procuring anyone

de, or arouse or gratify the sexual desire of any person. And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has attained the age of 12 years but has not attained the ag

hapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeiture to the United States—(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such v

use of that facility to entice a minor to engage in "any sexual activity for which any person can be charged with a criminal offense." According to the Eleventh Circuit Pattern Jury Instruction, the determination of what sexual activity is criminal is governed by Florida law. Florida law bars a person from procuring anyone

s chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such v

use of that facility to entice a minor to engage in "any sexual activity for which any person can be charged with a criminal offense." According to the Eleventh Circuit Pattern Jury Instruction, the determination of what sexual activity is criminal is governed by Florida law. Florida law bars a person from procuring anyone

s chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such v