Epstein Secrets

performing its part of the bargain, due process prevents the government from making this determination and nullifying the agreement unilaterally. U.S.C.A. Const.Amend. 5. 131 Criminal Law 4C=042.5(3) 110k42.5(3) Most Cited Cases (Formerly I 1 Ok42) 131 Criminal Law €=.42.7(2) I I 0k42.7(2) Most Cit

review Castaneda's claim of breach of a nonprosecution agreement de novo. [FN241 FNI7. United States v. Moulder, 141 F.3d 568, 571 (5th Cir.1998); United Slates v. Rallis, 28 F.3d 1399, 1409 (5th Cir.1994); United States v. Fitch, 964 F.2d 571, 574 (6th Cir.1992); United Stales v. Brown, 801 F.2d 352, 354

each by clear and convincing evid- ence). F1122. See Packwood, 848 F.2d at 1011; Tarrant, 730 F.Supp. at 32. F1423. Packwood, 848 F.2d at 1011; United Stales v. Calabrese, 645 F.2d 1379, 1390(10th Cir.I981). FN24. Moulder, 141 F.3d at 571; Price, 95 F.3d at 367; United States v. Laday, 56 F.3d 24, 26 (

nited States Attorney's Office (USAO), along with Defendant, has strongly opposed making the NPA public. Attached as Exhibit C hereto is Respondent United States of America's Opposition To Victims' Motion To Unseal Non- Prosecution Agreement, dated October 8, 2008, [DE 29], also filed in In Re: Jane Does 1 and 2,

further. Petitioners have no legal right to disclose the Agreement to third parties, or standing to challenge the confidentiality provision. After the United States' response, Exhibit C, this Court entered its Order, Exhibit B, agreeing with the United States' position and maintaining the confidentiality of the N

ecified by CM/ECF on this 10th day of June , 2009 Respectfully sub tted, By: ROBERT D. R1TTON, JR., ESQ. Florida Bar MICHAEL J. PIKE, ESQ. BURMAN, CROTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 EFTA00182752 Case 9:08-cv-80119-KAM Document 152 Entered

T SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson IN RE: JANE DOE, Petitioner. DECLARATION OF A. MARIE VILLAFARA IN SUPPORT OF UNITED STATES' RESPONSE 1Q/LCIM'jjiMERGENCirEIMDAEQREIEWICEMEMT QF CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771 I. 1, A. Marie Villafatia, do hereby declare that I

ey Edwards (Exs. 6 & 7). A notification was not provided to ■. because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of ■.'s prior statements to law enforcement, your Affiant could not in good faith include ■. as a v

24 was Judge Puente,, ft's now in front of Judge Colbath 25 on Mr. Epstein's. the sex crimes he was convicted of • 4 9 10 It 12 al 14 IS BURMAN CarrTON LUTTIER a COLEMAN II ROBERT D. CROTON, JR., ESO. 303 Banyan Botivoind 17 SuNe400 Woe Pain Bodo". Florid. 33401 15 ($51) 042.2020 2

2251A, 2252, 2252A, 2260, 2421, 2422, or 2423 of this title and who suffers personal injury as a result of such violation may sue in any appropriate United States District Court and shall recover the actual damages such minor sustains and the cost of the suit, including a reasonable attorney's fee. Any minor a

, judicial restraint, and the rule of lenity applied in construing a statute, Defendant's position as to the meaning of the statute would prevail. See United States v. Santos 128 S.Ct. 2020, 2025 (2008). As summarized by the United States Supreme Court in Santos, supra, at 2025: 5 See argument in sections (2)

mitted, By: ROBERT D. CRITTON, JR., ESQ. Florida Bar No. 224162 [email protected] MICHAEL J. PIKE, ESQ. Florida Bar #617296 [email protected] BURMAN, CRITTON, LUTHER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Counsel for Defendant

Armed Forces of the United States, and includes a conviction or entry of a pica of guilty or nob contenders rosulting in a sanction in any stato of the United Stator or other jurisdiction. A sanction Includes, but is not limited to, a lino, probation community control, parolo, conditional release, control roloaso

Oregonian Publishing Co.'. United States District Court, 920 F.2d 1462 (9th Cir. 1990) 9 U.S. I Rosen, 471 F. Supp. 2d 651 (E.D. Va. 2007) 23 United States'. Kooistra, 796 F.3d 1390 (11th Cir. 1986) 9 State Cases Anderson I E.T., 862 So. 2d 839 (Fla. 4th DCA 2003) 8 Barron'. Florida Freedom Newspap

33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 4 Shullman, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, . this 11 day of June, 2009. Deanna K. BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & WEISS, P.A. OBER

luding alleged victims), which would necessarily thwart such individuals' rights to assert their constitutional right of privacy as guaranteed under the United States and Florida Constitutions. &2e generally Eisenstadt v. Baird, supra at 454-455 (the right encompasses privacy in ones sexual matters and is not limi

bmitted, Br ROBERT D. CRITTON, JR., ESQ. Florida Bar No. 224162 [email protected] MICHAEL J. PIKE, ESQ. Florida Bar #617296 [email protected] BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, a 33401 561/842-2820 Phone 561/515-3148 Fax (Counsel for Defendant

he answers cannot possibly have such tendency to incriminate. gI at 488, 399. Recognizing the breadth and magnitude of this constitutional privilege, the United States Supreme Court in discussing how a court is to analyze the application of the privilege stated — ... It is for the court to say whether his silence

tfully sub By: ROBERT D CRITTON, JR., ESQ. Florida Ba No. 224162 rcritabcl aw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpikeabciclaw.com BURMAN, CRITI-ON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561-842-2820 Fax: 561-515-3148 (Co-counsel for Defendant

t at the time of the offense (e.g., 2004-5) govern the minimum statutory damage amount ($50,000 rather than $150,000) under ex post facto laws, see United States'. Scheidt, 2010 W.L. 144837 (E.D. Cal., 2010) (indicating that the statute in effect at the time of the violation governs the minimum damage remedy)

would violate the NPA Respectfully submitted, MARTIN W BERG, ESQ. ROY B CK, SQ. /wg By Black. Srebnick. Komspan & Stumpf. P.A EFTA00189958 BURMAN. CRITTON LUTTIER&COLEMAN. LLP YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP J. MICHAEL BURMAN. P.A." GREGORY W. COLEMAN. PA. ROBERT D.

vices of an attorney representative for the victims." Exhibit 1, June EFTA00183770 Ms. Esq. June 19, 2009 Page 6 15, 2009 Letter at 2. It was the United States' obligation to select a suitable attorney representative, subject to the good-faith approval of Mr. Epstein's counsel. See Exhibit 2, NPA ¶ 7. Indee

submitted By: ROBERT D. RITTON, JR., ESQ. Florida B o. 224162 rcrit@bc claw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 [email protected] BURMAN, CRITTON, LUITIER & COLEMAN 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 33401 561/842-2820 Phone 561/515-3148 Fax (Counsel for Defendant

ined under this title, imprisoned not more than 15 years, or both. (b) Of a ward.--Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or

. Page 21 By: ROBERT D. TTON, JR., ESQ. Florida Bar No 224162 rcritAbcIclaw.com MICHAEL J. PIKE, ESQ. Florida Bar #617296 mpikeRbcIclaw.com BURMAN, CRITTON, LUTTIER & COLEMAN 515 N. Flagler Drive, Suite 400 giltF axhon e ch, FL 33401 (Counsel for Defendant Jeffrey Epstein) See 18 U.S.C. §2