Epstein Secrets

0 05/28/2008 09:07 FAX 2026161239 DOJ/ODAC 05 10 :Is MO\ 13:22 1:;\ 1 213 6h0 8500 It I RKLINDLF.I.I.1 5 lip 111006/013 1 Kenneth W. Starr Joe D. Whitley Kirkland & Ellis LLP Alston & Bird LIP May 19, 2008 VIA FACSIMILE (202) 514.0467 CONFIDENTIAL honorable Mark Filip Office of the Deputy Attorn

y your Office: IT APPEARING, alter an inv.:30101km of the ulTenses and Upslein's background, that the interest of the United States pursuant to the Petite policy will be served by the hallowing procedure . . . Epstein understands that the United States Attorney has no authority to require the State At

ll or our concerns on this matter. I respectfully request that you consider the issues I discuss below in conjunction with the ethics opinion of Mr. Joe D. Whitley that 1 fared to your Office on December 7. Background of Negotiations I believe it is important fix you to he aware of the full scope and substanc

your Office: IT APPEARING, after an investigation of the offenses and Epstein's background. that the interest of the United Stales pursuant to the Petite policy will be served by the following procedure ... Epstein understands that the United States Attorney has no authority to require the State Atto

nce and the federal interest in the case. At this point, Epstein sought review from Deputy Attorney General Mark Filip (Exhibit B- 33), and he hired Joe Whitley to join his defense team. I was informed that Epstein's deadline to enter his guilty plea would be extended again, and we continued preparinii indic

e was insufficient evidence to charge him with any offense; (b) there was no basis for federal prosecution and that federal prosecution violated the Petite policy; (c) I had engaged in prosecutorial misconduct during the investigation and resolution of the matter; (d) Jeff had engaged inprosecutorial

ll of our concerns on this matter. I respectfully request that you consider the issues I discuss below in conjunction with the ethics opinion of Mr. Joe D. Whitley shut 1 faxed to your Office on December 7. Beckerman( of Negotiations I believe it is important 11w you to he aware of tlx: full scope and substan

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 require the Slate Atto

nce and the federal interest in the case. At this point, Epstein sought review from Deputy Attorney General Mark Filip (Exhibit B- 33), and he hired Joe Whitley to join his defense team. I was informed that Epstein's deadline to enter his guilty plea would be extended again, and we continued preparing for in

e was insufficient evidence to charge him with any offense; (b) there was no basis for federal prosecution and that federal prosecution violated the Petite policy; (c) I had engaged in prosecutorial misconduct during the investigation and resolution of the matter; (d) Jeff Sloman had engaged in prosecu

, Starr and Lefkowitz sent to Acosta two “independent ethics opinions”—one authored by prominent criminal defense attorney and former U.S. Attorney Joe Whitley, which assessed purported improprieties in the federal investigation of Epstein, and the other, by a prominent retired federal judge and former U.S

ngle forum in which to proceed to satisfy the substantial federal and state interests involved.” If a substantial question arises as to whether the Petite policy applies to a particular prosecution, the prosecutor should submit the matter to the appropriate Assistant Attorney General for resolution.