Epstein Secrets

United States Attorney Flat No. 0936693 8 EFTA00799971 Case 9:08-cv-80736-KAM Document 421 Entered on FLSD Docket 08/25/2017 Page 9 of 11 . A. Marie Villafmia A. Marie Villafafia Assistant United States Attorney Fla Bar No. 0018255 500 S. Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Tel

torney Flat No. 0936693 8 EFTA00799971 Case 9:08-cv-80736-KAM Document 421 Entered on FLSD Docket 08/25/2017 Page 9 of 11 . A. Marie Villafmia A. Marie Villafafia Assistant United States Attorney Fla Bar No. 0018255 500 S. Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Tel: (561) 820-8711; Fax

s ability to oversee the Executive Branch's exercise of prosecutorial discretion. "Mudicial authority is ... at its most limited when reviewing the Executive's exercise of discretion over charging determinations." U.S. v. Fokker Services, BV, 818 F.3d 733, 741 (D.C.Cir. 2016), citing Cmty. for Creative No

Attorney ("AUSA") assigned to the case, A. Marie Villafana, sent a letter telling the victim that she was p

the two-year investigation, once a victim of Epstein's sexual abuse was identified, the lead Assistant U.S. Attorney ("AUSA") assigned to the case, A. Marie Villafana, sent a letter telling the victim that she was protected by the CVRA and explaining her statutory rights under the CVRA. For example, in 2006 and

r in the Executive Branch not to indict ... has long been regarded as [within] the special province of the Executive Branch, inasmuch as it is the Executive who is charged by the Constitution to 'take Care that the Laws be faithfully executed.' " (quoting U.S. Const., Art. II, § 3)). This Executive Bra

Florida accepted the case for prosecution and assigned specific federal prosecutors to handle the case. The lead Assistant U.S. Attorney ("AUSA"), A. Marie Villafaita, sent a letter to the identified victims, informing each victim that she was protected by, and had rights under, the CVRA. For example, in 2006, t

d, Epstein's attorney Jay Lefkowitz e-mailed AUSA Villafana, requesting: "Marie - Please do whatever you can

resolution of this petition for a writ of mandamus would not change. Moreover, ow opinion about pre-charge *1272 rights would not be binding on the Executive in the same way that the opinions about pension requests were not binding in? I He/Aunts Case. B. We Construe Statutes by Reading the Whole Text,

puty Chief, Northern Region), and AUSA Anna Marie Villafana. Mr. Epstein retained counsel with expertise in

Jeffrey Sloman (First Assistant U.S. Attorney), Matthew Menchel (Chief, Criminal Division), Andrew Lourie (Deputy Chief, Northern Region), and AUSA Anna Marie Villafana. Mr. Epstein retained counsel with expertise in federal law and federal jurisdiction, including a former federal appellate judge, a former United S

-Violence v. Pierce, 786 F.2d 1199, 1201 (D.C. Cir. 1986) ("The power to decide when to investigate, and when to prosecute, lies at the core of the Executive's duty to see the faithful execution of the laws"); Heckler v. Chaney, 470 U.S. 821, 832 (1985) ("[t]he decision of a prosecutor in the Executive B

ter A. Lee Assistant United States Attorney 99 N.E. 4th Street, Suite 300 Miami, Florida 33132 Tel: (305) 961-9320: Fax: (305) 530-7139 E-mail: A. Marie Villafafia Assistant United States Attorney 500 S. Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Tel: (561 820-8711. Fax: 561 820-8777 E-mail

s ability to oversee the Executive Branch's exercise of prosecutorial discretion. "Mudicial authority is ... at its most limited when reviewing the Executive's exercise of discretion over charging determinations." U.S. v. Fokker Services, BV, 818 F.3d 733, 741 (D.C.Cir. 2016), citing Cmty. for Creative No

Y By: Is/Dexter A. Lee Dexter A. Lee Assistant United States Attorney Fla Bar No. 0936693 99 N.E. 4th Street, Suite 300 Miami Florida 33132 /s/A. Marie Villafafia A. Marie Villafafia Assistant United States Attorney Ha Bar No. 0018255 500 S. Australian Avenue, Suite 400 111111111110 Zs/Eduardo L Sanchez Edua

ited States, 470 U.S. 598, 607-08 (1985); see also Fokker, 818 F.3d at 737-738 (noting the long-settled understandings about the independence of the Executive with regard to charging decisions and concluding that "[n]othing in the [Speedy Trial Act's] terms or structure suggests any intention to subvert t

and a federal prosecution and trial ensued, see Villafana Declaration, Dkt. 14 at pgs. 4-5 ("the agents and

udicial records and those that may not"). In general, "there is no First Amendment right of access to government processes," including those of the Executive branch. United States v. Gonzales, 50 F.3d 1246, 1260 (10th Cir. 1998). As the District of Columbia Circuit stated in evaluating whether a plea agre

e Assistant United States Attorney Fla Bar No. 0936693 99 N.E. 4'h Street, Suite 300 Miami, Florida 33132 Tel: E mail: [email protected] /s/A. Marie Villafafia A. Marie Villafaila Assistant United States Attorney Fla Bar No. 0018255 500 S. Australian Avenue, Suite 400 West Palm Beach, Florida 33401 Tel: E

ited States, 470 U.S. 598, 607-08 (1985); see also Fokker, 818 F.3d at 737-738 (noting the long-settled understandings about the independence of the Executive with regard to charging decisions and concluding that "[n]othing in the [Speedy Trial Act's] terms or structure suggests any intention to subvert t

nail everything down, we just want to get a final blessing.” Negotiations continued throughout the day on Wednesday, September 19, 2007, with Villafaña and Lefkowitz exchanging emails regarding the factual proffer for a plea and the scheduling of a meeting to finalize the plea agreement’s terms. D

ing decisions, the choice to resolve a case through a non-prosecution agreement or a deferred prosecution agreement “resides fundamentally with the Executive” branch. Id. at 741. OPR found no clear and unambiguous standard in the USAM prohibiting the use of a non- prosecution agreement in the circumsta