Epstein Secrets

place nor suppkniont the filing and seivice of pkadings or whet papers a by local mks of :oat. Tins form. approwed by the Judicial Conference of 'he United Stales In Septanba 1974. is required for the use of the Clerk tX Civil cockei nett SEE INSTRUC TIOVS ON THE REVERSE OF THE FORM.' NOTICE: Attorneys MUST

n "ancillary criminal proceeding[]," DE 290 at 2, presumably not covered by a statute of limitations applicable to a "civil action commences against the United States." 28 U.S.C. § 2401(a). Even more surprising to us was your Office's failure to discuss the second sentence in § 2401(a), which provides that the si

in his sentence until the [review by writ] is concluded . . ..'" LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States v. DiFrancesco, 449 U.S. 117, 146 (1980)). 40 EFTA00210829 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 41 of 42 DATED: March 21.

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

ty in his sentence until the [review by writ] is concluded ...."' LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States v. DiFrancesco, 449 U.S. 117, 146 (1980)). 39 EFTA00207918 reason, it makes sense for the Court to bifurcate the process and determine, first, the extent of the

he agreement secret. In particular, the agreement stated: "The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstei

y in his sentence until the [review by writ] is concluded ...."' LAFAvs El' AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States v. DiFrancesco, 449 U.S. 117, 146 (1980)). 40 EFTA00208413 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 41 of 42 DATED: March 21.

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

ality in his sentence until the [review by writ] is concluded ...."' LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States DiFrancesco, 449 U.S. 117, 146 (1980)). 39 EFTA00235789 reason, it makes sense for the Court to bifurcate the process and determine, first, the extent of the

he agreement secret. In particular, the agreement stated: "The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstei

ty in his sentence until the [review by writ] is concluded ...."' LAFAVE ET AL., CRIMINAL Procedure § 26.7(b) (Nov. 2010) (quoting United States v. DiFrancesco, 449 U.S. 117, 146 (1980)). 40 EFTA00079032 Case 9:08-cv-80736-KAM Document 48 Entered on FLSD Docket 03/21/2011 Page 41 of 42 DATED: March 21,2

andatory for wire fraud only if the government exercises its discretion to seek such forfeiture. See 28 U.S.C. § 2461(c); Fed. R. Crim. P. 32.2(a); United States v. Liquidators of European Fed. Credit Bank, 630 F.3d 1139, 1144 (9th Cir. 2011) (describing procedure for forfeiture). "[T]he Government retains b

rom Stake Center and other victims, and pleaded guilty to one count of tax evasion and three counts of wire fraud. Pursuant to her plea agreement, DiFrancesco agreed to make restitution to Stake ' Stake Center previously petitioned this court for mandamus, and we denied this petition as premature. See Sta