Epstein Secrets

re arc any that you have not received from the USAO or CEOS, please advise and we will fedex them to you without delay. Chicago Hong Kong London Munich Now York San Francisco Washington,. 3505-019 Page 2 of 63 SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17 EFTA_00003274 EFTA00

nt can be found guilty of that offense only if...the defendant believed that such individual was less than (18) years of age..."); United States v. Murrell, 368 F.3d 1283, 1286 (I I1° Cir. 2004) (§ 2422(b) requires that the defendant knowingly target a minor). Importantly, then, all the elements must be

der to sustain a conviction. In particular, § 2422(b) requires that the defendant specifically intended to target a minor. ke,ligh, United States v. Murrell, 368 F.3d 1286 (11th Cir. 2004) ("[T]o prove an attempt the government must first prove that [defendant], using the Internet, acted with a specific

re are any that you have not received from the USAO or CEOS, please advise and we will fedex them to you without delay. Chicago Hong Kong London Munich Now York San Francisco Washington, D.C. 08-80736-CV-MARRA RFP WPB 001665 EFTA00209844 KIRKLAND & ELLIS LLP John Roth, Esq. June 19, 2008 P

statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point: The defendant in Bailey contended that attempt under § 2422(6) 'requires the specific intent to commit illegal sexual acts

finality in this matter. QT1 Kenneth W. Starr cc: Assistant Attorney General Chicago First First Assistant U.S. Attorney Hong Kong London Munich Nov Yost San Francesco Washington. D.0 EFTA00214707 12/07/07 FRI 15:31 FAX 1 213 680 8500 K I RKLANDILEILL IS LLP Ilt] 003 ALSTON&B1RD UT

e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States v. Murrell, 368 F.3d 1283, 1286 (11th Cir. 2004). See also United States v. Bailey 228 F.3d 637, 639 (02' Cu. 2000) ("Congress has made a clear choice to crim

neth W. Starr cc: Honorable Alice Fisher, Assistant Attorney General Jeffrey H. Sloman, First Assistant U.S. Attorney Chicago Hong Kong London Munich Now York San Francisco Washington, D.C. EFTA00176207 12/07/07 FRI 15:34 FAX 1 213 080 8500 K I RKLAND&ELL I S LLP tr/I008 HERBERT J. STERN

(e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States'. Murrell, 368 F.3d 1283, 1286 (1 I th Cir. 2004). See also United States'. Bailey 228 F.3d 637, 639 (61° Cir. 2000) ("Congress has made a clear choice to cri

encing in the same manner as would the appearance and statements of a member of your Office or the FBI. Chicago • Hong Kong London Los Angeles Munich San Francisco Washington, D.C. EFTA01718515 KIRKLAND & ELLIS LIP R. Alexander Acosta November 29, 2007 Page 2 With that said, I respectfully

e.g. with himself or a third party), without then actually committing any sex act himself, he would nevertheless violate §2422(b)." United States v. Murrell, 368 F.3d 1283, 1286 (11th Cu. 2004). See also United States v. Bailey 228 F.3d 637, 639 (61° Cir. 2000) ("Congress has made a clear choice to crimi

ement, which was taken by the FBI, she may have been debriefed by either the FBI or a f era . prosecutor. EXHIBIT B-28 Chicago Hong Kong London Munich New York San Francisco Washington, D.C. EFTA00225914

in order to persuade, induce, entice, or coerce a finor to engage in a proscribed sexual act—rather than the sexual act itself. See United States Murrell, 368 F.3d 1283, 1285 (11th Cir. 2004) ("The underlying criminal conduct Congress expressly proscribed in passing § 2422(b) is the persuasion, induc

there are any that you have not received from the USAO or CEOS, please advise and we will fedex them to you without delay. Chicago Hong Kong London Munich New York San Francisco Washington, D.C. HOUSE_OVERSIGHT_012136 --- PAGE BREAK --- KIRKLAND & ELLIS LLP John Roth, Esq. June 19, 2008 Page 2 As y

ce, a conviction under the statute only requires a finding that the defendant had an intent to persuade or to attempt to persuade.’ United States v. Murrell 368 F.3d 1283, 1287 (11th Cir. 2004) (citing United States v. Bailey, 228 F.3d 637, 638-39 (6th Cir.2000)). Thus, the targeted criminal conduct must

e statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point: The defendant in Bailey contended that attempt under § 2422(b) ‘requires the specific intent to commit illegal sexual acts r