Epstein Secrets

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

d victims could recover. Our objections regarding the Section 2255 component of the Agreement began as early as August 2 when, after receiving the LISAO's proposed Non-Prosecution Agreement. we suggested that the 2255 component of the Agreement could be satisfied by the creation of I restitution fun

this procedure because. as I mentIona I think It to probably in their best WOWS. In terms of plea agreement language. let me suggest the following: Thu United Slates agrees to make a minion seeking the appointment of a Guardian ad titan to mpresent the identified victims, Following the appointment of such Guardia

mber I I, 2007 Page 4 The final agreement was very similar to what was proposed by Ms. Villotbna in her initial draft agreement on July 31. 2007: The United Stoles shall provide l3poein's anomey's with u list of individuals whom ii fins identified as victims, as defined in IR U.S.C. § 2255. alter Epstein has si

hich point they were eliminated by your Office: IT APPEARING, idler an invizligation of the offenses and Epstcin's background, thin the interest or the United Stales pursuant to the Petite policy will be served by the Following procedure ... Epstein understands that the United Stales Attorney has no authority to

d victims could recover. Our objections regarding the Section 2255 component of the Agreement began as early as August 2 when. after receiving the LISAO's proposed Non-Prosecution Agreement, we suggested that the 2255 component of the Agreement could be satisfied by the creation of tt restitution fu

S L LP Jay P I otternWs, P C. loP 11Wr r ly blk Orland can VIA FACSIMILE (303) SM1-4444 Honorable R. Alexander Acosta united States Attorney United Slates Attorney's ()filet Southern District of Florida 99 NE itlh Street Miami. Fla 33132 Dear Alex: nap MIn IARD 'Armen-. Cinarmap Conte, 153 Emit

to undertake discussion with the Slate Attorney's 011ie,: to ensure compliance with these procedures. which compliance will he necessary to satisfy the United Status' interest. pursuant In the Poise policy. We reiterate that this ease was at heart a local matter that was being fully addressed by the state crimin

d victims could recover. Our objections regarding the Section 2235 component of the Agreement began as early as August 2 when. after receiving the LISAO's proposed Non-Prosecution Agreement. we suggested that the 2255 component of the Agreement could be satisfied by the creation of restitution fund:

ORNEY TO BE NOTICED Robert Deweese Critton , Jr. Burman Critton Luttier & Coleman 515 N Flagler Drive Suite 400 West Palm Beach , FL 33401-2918 Auricus United States of America represented by Fax: Email: ATTORNEY TO BE NOTICED e a es ome Office 500 East Broward Blvd 7th Floor uder , FL 33394 , ext. 3546 Fax: 35

in criminal cases. See e.g., United States'. Young. 528 F.3d 1294, 1297 n.3 (11th Cir. 2008) (definitions of criminal "complaint" and "indictment"); United States'. Brown. 526 F.3d 691, 705 (11th Cir. 2008) (definition of "knowingly" in criminal statute). A Westlaw search revealed that in 2008 alone, the Ekvtnt

he witness has reasonable cause to apprehend danger' of criminal liability. Hoffman'. United States, 341 U.S. 479,486 (1951). 7 This could give the LISAO a tremendous advantage in prosecuting Epstein in the Federal Criminal Action. See Comment, Using Equitable Powers to Coordinate Parallel Civil and C

ugh such misconduct was, as we contend it is, inextricably intertwined with the credibility of the accusations being made against Mr. Epstein by the United States Attorney's Office in Miami ("USAO"). Moreover: CEOS did not assess the terms of the Deferred Prosecution Agreement now in effect, nor did CEOS revie

at Agreement. appears to have been deliberately designed to deprive as or an adequate opportunity II, seek your Offices review iu this minter. lice LISAO's desire to etveclose :t Complete review is tmclersiamtible. yivew than the Child Fsploitation and Obscenity Section ("CLOS- ) has already determine

2255 as she would have bad, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph. the United State shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense

would, however, like to address one issue. Your December I letter states that as a result or defense counsel objections to the amendment "imam, the LISAO proposed an addendum to die Agreement to provide for the use of an independent third pany sekcior. As I recall this matter, before I had any knowled