Phone 561 209-1047 Fax 561 820-8777 From: Lee, Dexter (USAFLS) Sent: Saturday, October 18, 2008 1:29 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Subject: Draft Response Letter to Edwards' October 9, 2008 letter Marie, Attached please find a draft response letter to Brad Edwards October 9, 2008 letter to me. I was tempted to also include a response to his October 15, 2008 letter to me, which he filed with the court, which I have yet to receive in the U.S. Mail. However, which version of 18 U.S.C. 2255 applies ($50,000 vs. $150,000) seems to be a question of retroactivity of the amendment. This is a civil remedy, so there's no ex post facto issue. The question is whether Congress intended the higher damages to apply to acts of sexual abuse occurring before the effective date of the amendment to section 2255. Since this involves a statutory interpretation issue, I am reluctant to start offering opinions on whether a breach of the Agreement occurs when Epstein argues that the current version of section 2255, with its floor of $150,000 in damages, does not apply to him. He may have agreed in negotiations that the $150,000 floor did apply, thereby waiving any retroactivity argument, just as he waived the jurisdictional argument that he was never convicted of a enumerated offense in federal court under 18 U.S.C. 2255. Thanks. Dexter « File: edwards_resp_ltr_100908.wpd » 503 EFTA00190726