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,

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," crime victims are entitled to: "The right to reasonable, accurate, and timely notice of any public court proceeding . . involving the crime" and t

December I I. 2007 Page 4 the final agreement was very similar to what was proposed by Ms. in her initial draft agreement on July 31. 2007: the United Stales shall provide F.pstein's attorney's with a list of individuals whom it has identified as victims, as defined in IS U.S.C. f 2255. alter Epsicin has

oth offenses. Additionally, for the sake of fairness and candor, we believe the same language contained in your letter to Judge Davis, stating that Itibe United States takes no position as to the validity of any such claim under this statute," should be included in any proposed letter. Sixth, your letter states th

of an enumerated federal crime. This requires Mr. Epstein to in essence admit guilt, though he believes he did not commit the requisite offense. The United States Attorney Manual ("USAM") 9-27.440, Principles of Federal Prosecution, sets forth' clear r,:quirement when' defendant tenders' pica of guilty but sub

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," crime victims are entitled to: "The right to reasonable, accurate, and timely notice of any public court proceeding ... involving the crime" and t

17), it believes that that "there are two relevant facts which will permit the Court to resolve the legal issue: (1) there are no criminal cases in the United States District Court, Southern District of Florida, filed against Jeffrey Epstein; and (2) Epstein entered pleas of guilty to in Florida State Court on Ju

tes shall file a response within two weeks of the victims' brief; and (3) The victims shall then file, if they so choose, a reply within one week of the United States' response. The Court shall then hold argument on the issue, if it believes argument would be helpful, and then enter a ruling on whether the CVRA ex

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," [another name from the CVRA] crime victims are entitled to: `The right to reasonable, accurate, and timely notice of any public court proceeding

or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by Ste United States. Pursuant to the teams ofthe agreernentand an addendum, to assist you in making such a claim, the U.S. Attorney's Office has asked an independent S

reached (defense counsel has reserved the right to challenge such litigation). 8. The ability to negotiate effectively. Pursuant to this letter, thcUnited States assigns toyou tho responaibilityfor consulting with and selecting the attorney representative for the individuals. The United States and Epstein re

im Notification Lelia. You write that you En understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," crime victims are entitled to: "The right to reasonable, accurate, and timely notice of any public cowl proceeding ... involving the crime and the

Justice Department would makes its "best efforts" to protect Jane Doe #1's rights, including "[t]he reasonable right to confer with the attorney for the United States in the case" and "to be reasonably heard at any public proceeding in the district court EFTA00206695 involving . . . plea . . . ." The notificatio

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," [another name from the CVRA] crime victims are entitled to: `The right to reasonable, accurate, and timely notice of any public court proceeding

copy of the terms was not provided. A notification was not provided to Jane Doe #2 because the agreement limited Epstein's liability to victims whom the United States was prepared to name in an indictment. As a result, Jane Doe #2 never received a 17 EFTA00206780 notification a letter about the agreement. The n

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," [another name from the CVRA] crime victims are entitled to: `The right to reasonable, accurate, and timely notice of any public court proceeding

Justice Department would makes its "best efforts" to protect Jane Doe #1's rights, including "[t]he reasonable right to confer with the attorney for the United States in the case" and "to be reasonably heard at any public proceeding in the district court EFTA00206732 involving . . . plea . . . ." The notificatio

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," [another name from the CVRA] crime victims are entitled to: `The right to reasonable, accurate, and timely notice of any public court proceeding

copy of the terms was not provided. A notification was not provided to Jane Doe #2 because the agreement limited Epstein's liability to victims whom the United States was prepared to name in an indictment. As a result, Jane Doe #2 never received a 17 EFTA00206851 notification a letter about the agreement. The n

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," [another name from the CVRA] crime victims are entitled to: `The right to reasonable, accurate, and timely notice of any public court proceeding

Justice Department would makes its "best efforts" to protect Jane Doe #2's rights, including "Nike reasonable right to confer with the attorney for the United States in the case" and "to be reasonably heard at any public proceeding in the district court involving . . . plea . . . ." The notification further expla

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," [another name from the CVRA] crime victims are entitled to: `The right to reasonable, accurate, and timely notice of any public court proceeding

e Justice Department would makes its "best efforts" to protect Jane Doe #2's rights, including "Rpm reasonable right to confer with the attorney for the United States in the case" and "to be reasonably heard at any public proceeding in the district court involving . . . plea . . . ." The notification further expla

otification Letter. You write that you don't understand the basis for the Office's belief that it is appropriate to notify the victims. Pursuant to the "Justice for All Act of 2004," [another name from the CVRA] crime victims are entitled to: `The right to reasonable, accurate, and timely notice of any public court proceeding