Epstein Secrets

nduct as defined in It U.S.C. § 2423(0. with minor female., in violation of Tide United States Code, Section 2423(b), all In viobation of Title It, United Stases Code, Section 2427(e); wing a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor female. to engage

United Sines, the State of Florida, and the Defendant soil) be sewed by the following proodum, THEREFORE, on the authority of It. Alexander Acosta, United Slates Attorney for the Southern District of Florida, prosecution in this District foe these offenses shall be defined in favor of prosecuticm by the Stat

f civil or criminal liability or a waiver °forty jurisdktional or other defense as to any person whose name does not appear on the list provided by the United Stale. 10. Except es to those individuals who elect to proceed exclusively under IS U.S.0 f 2255, as set (whin penigntph (St manta. neither Epstein's s

gain time he eamwd during his period of Incer«ration. I3. the ponies anticipate Nat this agreement will not be mede pan of any public record. if the United Slates receive, e Freedom of Information Act request or any compubory worm conunanding the disclosure of the agreement, int will provide notice to Epstein

." United States I. lordm, 915 F.2d 622, 628 (11th Cir. 1990) (quoting Rodriguez,. United States, 480 U.S. 522, 525 (1987) (itself quoting Russell° I. United States 464 U.S. 16, 23 (1983))). There is no basis for departing from that rule. Given the strong evidence that Congress did not intend retroactively to ap

phrase. See, e.g., United States'. Garcia-M, 234 F.3d 217, 220 n.3 (5th Cir. 2000); United States I. Yang, 128 F.3d 1065, 1069-70 (7th Cir. 1997); United Statosi. Ellis 935 F.2d 385, 389-90 (1st Cir. 1991); see also United States'. Hoschouer, 224 Fed. Appx. 923, 926-27 (11th Cir. 2007) (unpublished opinion);

er Defendant Epstein's defense of the civil actions filed against him violates the non-prosecution agreement between Epstein and the United States. The United States' position in this matter would be very helpful to the Court and, accordingly, the Court requests that the United States appear at the hearing. Base

tion apaisai him h irntinned for any offense that usis the 'objecter0e grandjuria inwangation, il may be by way of anInfonnwion sIgned and filai by the United States Anone); end hereby nives Ma rie to be Indktcd by e gnnd jury as ha any aie offense, lit tyy lff hie 6of 7 Case No. 08-80736-CV-MARRA P-011809 EFTA0

leventh Circuit recently noted that federal law "does not criminalize all acts of prostitution (a vice traditionally governed by state regulation)." United States,. Evans, 476 F.3d 1176, n.1 (11th Cir. 2007); see also Offense Instruction 80, Eleventh -22- Case No. 08-80736-CV-MARRA P-011863 EFTA00192909 Ca

United States I. Yang, 128 F.3d 1065, 1069-70 (7th Cir. 1997); United Statosi. Ellis 935 F.2d 385, 389-90 (1st Cir. 1991); see also United States'. Hoschouer, 224 Fed. Appx. 923, 926-27 (11th Cir. 2007) (unpublished opinion); cf. Gustafson'. Alloyd Co.. Inc., 513 U.S. 561, 570 (1995) ("[W]e adhere[] to t

de, or arouse or gratify the sexual desire of any person. And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has attained the age of 12 years but has not attained the ag

hapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeiture to the United States—(1) such person's interest EFTA00229855 in any property, real or personal, that was used or intended to be used to commit or to facilitate the commi

e travel. In other words, the Government must show that the Defendant's criminal purpose was not merely incidental to the travel. United States v. Hoschouer , F.3d 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addresse

de, or arouse or gratify the sexual desire of any person. And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has attained the age of 12 years but has not attained the ag

hapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeiture to the United States—(1) such person's interest EFTA00229874 in any property, real or personal, that was used or intended to be used to commit or to facilitate the commi

e travel. In other words, the Government must show that the Defendant's criminal purpose was not merely incidental to the travel. United States v. Hoschouer , F.3d 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addresse

victim. The Fourth Circuit soundly rejected the argument, citing the other circuits reaching the same conclusion. Jones, 471 F.3d at 538-39 (citing United States I. Griffith, 284 F.3d 338, 351 (2d Cir. 2002); United States, Taylor, 239 F.3d 994, 997 (9th Cir. 2001); United States I Scisum, 32 F.3d 1479, 1485-

Hersh specifically mentions "sexual activity with a minor," knowledge of age is not required, as discussed above. 17 EFTA00234533 United States Hoschouer, F.3d 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addresse

t the victim is a minor, regardless of what the victim says or how the victim appears. Id. (emphasis added; additional internal citations omitted). Cl United States v. Wild, 143 7 EFTA02857530 Fed. Appx. 938, 942 (4th Cir. 2005) (the parties agreed that, to prove a violation of § 2423(a), the United States h

e travel. In other words, the Government must show that the Defendant's criminal purpose was not merely incidental to the travel. United States v. Hoschouer, F.3d,_, 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addres

05, even though Jane Doe #2 never went to EPSTEIN's house because at the time of his travel, EPSTEIN intended for Jane Doe #2 to come to the house. See United States v. Han, 230 F.3d 560 (2d Cir. 2000) (defendant could be convicted of violating Section 2423(b) even though no sexual activity occurred and "minor"

e travel. In other words, the Government must show that the Defendant's criminal purpose was not merely incidental to the travel. United States v. Hoschouer , F.3d 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addresse

de, or arouse or gratify the sexual desire of any person. And Chapter 109A states: "Whoever, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, knowingly engages in a sexual act with another person who — (1) has attained the age of 12 years but has not attained the ag

hapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeiture to the United States—(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such v

e travel. In other words, the Government must show that the Defendant's criminal purpose was not merely incidental to the travel. United States v. Hoschouer , F.3d 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addresse

s chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such v

e travel. In other words, the Government must show that the Defendant's criminal purpose was not merely incidental to the travel. United States v. Hoschouer , F.3d 2007 WL 979931, *1 (11th Cir. Apr. 3, 2007). The decision of the Eleventh Circuit was consistent with every other circuit that has addresse

s chapter, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person shall forfeit to the United States—(1) such person's interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such v