Epstein Secrets

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,

7, 2007 Page 7 See United Sates v. Searcy 418 F.3d 1193, 1197 (11'h Cir. 2005) (citing H.R. Rep. No. 104.458, at 193 (1996) (Conf.Rep.)). See also K. Seto, Note; How Should Lepislation Deal with Children and the Victims and Perpetrators of Cyberstalking? 9 Cardozo Women's L.J. 67 (2002). In enacting

to make out the crime. See United States'. Root, 296 F.3d 1222, 1227-32 (j1 di Cir. 2002); United States' Sims, 428 F.3d 945, 9a9 (10th Cir. 2005); United Stalest. Helder, 452 F.3d 751 (8th Cir. 2006); United States'. Meek, 366 F.3d 705, 717-20 (9th Cir. 2004). Likewise, the Circuits have rejected void for vag

such an expansive reading, even if permissible, would very likely exceed the Commerce Clause power as the Supreme Court presently construes it. In United Statest. , 514 U.S. 549 (1995), the Supreme Court struck down the Gun- Free School Zones Act, holding that it exceeded Congress's Commerce Clause authority.

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

able minor and to convince, or to try to convince, her to engage in conduct proscribed by law, the statute may not be unconstitutional on its face. See United States'. Tykarsky, 446 F.3d 458, 470 (3d Cir. 2006) (both §§ 2422(b) and 2423(6) "fall squarely Congress's power to regulate the first two categories of ac

t via the intemet. See H.R. Conf. Rep. No. 104-458, at 193 (1996), quoted in United States I Searcy, 418 F.3d 1193, 1197 (11th Cir. 2005); see also K. Seto, "Note: How Should Legislation Deal with Children and the Victims and Perpetrators of Cyberstalking?" 9 Cardoso Women k L.J. 67 (2002). In enactin

tl. Stare, 407 So. 2d 1007, 1010 (Fla. 5th DCA 1981). And "motive is always relevant in a criminal case, even if it is not an element of the crime." United Stalest. Hill, 643 F.3d 807, 843 (11th Cir. 2011) (internal quotation omitted). When speaking not to the Court but rather to the media, Dershowitz has clearl

agent's ensuing report, Rodriguez "discussed in detail the information contained within the book, and identified important information to the UCE." See United States'. Rodriguez, No. 9:10-cr- 80015-KAM, DE 3 at 5 (S.D. Fla. Dec. 9, 2009). While all of the details of the verbal information explained by Rodriguez to

Senate Judiciary Committee held a hearing regarding child endangerment via the Internet. See H.R. Conf. Rep. No. 104-458, at 193 (1996), quoted in United States ' Searcy, 418 F.3d 1193, 1197 (11th Cir. 2005); see also K. Seto, "Note: How Should Legislation Deal with Children and the Victims and Perpetrators

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

via the Internet. See H.R. Conf. Rep. No. 104-458, at 193 (1996), quoted in United States ' Searcy, 418 F.3d 1193, 1197 (11th Cir. 2005); see also K. Seto, "Note: How Should Legislation Deal with Children and the Victims and Perpetrators of Cyberstalking?" 9 Cardozo Women's L.J. 67 (2002). In enactin

izes travel for the purpose of knowingly engaging in unlawful sexual activity with minors. United States Hayward, 359 F.3d 631, 638 (3d Cir. 2004); United Stales v Tykarsky, 446 F.3d 458, 471 (3d Cir. 2006). This is the highest level of culpability in the four tier hierarchy of culpability that the Model Pen

ternational travel, left untouched the,standard for domestic travel, and thus underscores the strict standard needed for a prosecution in this area. See United States I Clark, 435 F.3d 1100, 1104- 05 (9°' Cir. 2006). 08-80736-CV-MARRA RFP WPB 000735 EFTA00184609 Case 9:08-cv-80736-KAM Document 361-43 Entered o

thern District of Florida February 1, 2007 Page 22 Clause imposes real limitations on Congress's power to criminalize essentially local behavior. See United States' Morrison, 529 U.S. 598 (2000) (Violence Against Women Act exceeded Congressional power under the Commerce Clause or § 5 of the Fourteenth Amendment)

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

ment via the intemet. See H.R. Conf. Rep. No. 104-458, at 193 (1996), quoted in United States' Searcy, 418 F.3d 1193, 1197 (l Cir. 2005); see also K. Seto, "Note: flow Should Legislation Deal with Children and the Victims and Perpetrators of Cyberstalkingr 9 Cardoso Women's L.J. 67 (2002). In enactin

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n writing his belief that he was dealing with a child well below the age of onsent. E.g., lifted States' 7),Icarsky, 44613d 458, 473 (3d Cii 2006); United State' Thomas, 410 3d 1235, 1243-44 (10h Cir. 005); United States Pang supra, 338 3d at 1300-01 (11th Cir. 2003)." " There are approximately two dozen

those who ' owingly' persuade or entice, or attempt If to persuade or entice, minors. United States Bailey, 228 F.3d 637, 639 (611' Cir. 2000). See United States' Panfil, 338 I3d 1D Indeed, this last problem is best illustrated by any calls may claim to have made to solicit persons to massage Mr. Epstein. Th

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

nt via the Internet. See H.R. Conf. Rep. No. 104.458, at 193 (1996), quoted in United States' Searcy, 418 I3d 1193, 1197 (11ih Cir. 2005); see also K. Seto, "Note: How Should Legislation Deal with Children and the Victims and Perpetrators of Cyberstalking?" 9 Cardozo Women's L.J. 67 (2002). In enactin

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,

r 7, 2007 Page 7 See United Sates'. $earcv 418 F.3d 1193, 1197 (11th Cir. 2005) (citing H.R. Rep. No. 104-458, at 193 (1996) (Con£Rep.)). See also K. Seto, Note; How Should Legislation Deal with Children and the Victims and Perpetrators of cyberstallcing? 9 Cardozo Women's L.J. 67 (2002). In enacting

ies to those who `knowingly' persuade or entice, or attempt to persuade or entice minors. United States' Bailey, 228 F.3d 637, 639 (6th Cir. 2000). See United States' Panfil, 338 F.3d 1° indeed, this last problem is best illustrated by any calls Haley Robson may claim to have made to solicit persons to massage Mr

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

t via the internet. See H.R. Conf. Rep. No. 104-458, at 193 (1996), quoted in United States' Searcy, 418 F.3d 1193, 1197 (11th Cir. 2005); see also K. Seto, "Note: How Should Legislation Deal with Children and the Victims and Perpetrators of Cyberstalking?" 9 Cardoso Women's L.J. 67 (2002). In enactin

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

via the intemet. So United Sates v. Searcy, 418 F.3d 1193, 1197 (11) Cir. 2005) (citing H.R. Rep. No. 104-458, at 193 (1996) (Conf.Rep.)). See also K. Seto, Note: How Should Legislation Deal with Children and the Victims and Perpetrators of Cyherstallcine?, 9 Cardozo Women's L.J. 67 (2002). In enactin

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

via the internet. See H.R. Conf. Rep. No. 104-458, at 193 (1996), quoted in United States v. Searcy, 418 F.3d 1193, 1197 (11th Cir. 2005); see also K. Seto, "Note: How Should Legislation Deal with Children and the Victims and Perpetrators of Cyberstalking?" 9 Cardozo Women's L.J. 67 (2002). In enactin

Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual

t via the internet. See H.R. Cont Rep. No. 104458, at 193 (1996), quoted in United States v. Searcy, 418 F.3d 1193, 1197 (11th Cir. 2005); see also K. Seto, "Note: How Should Legislation Deal with Children and the Victims and Perpetrators of Cyberstalldng?" 9 Cardozo Women's L.J. 67 (2002). In enactin