JEMI (OPR) From: (OPR) Sent: olivine - ember 16, 2010 10:59 AM To: (OPR) Subject: I": S - -eferral - Allegation of Misconduct - U.S. Attorney's Office, S.D.Fla. Attachments: cassell_OPR.pdf As I said, probably sent me this because he knows me from my PRAO days. Let me know if I need to do anything. BTW, the Epstein matter rings a bell with me — I believe there was a self-referral when his attorneys accused AUSAs of misconduct, something to do with choosing an attorney for a victim who was a friend of the AUSA I think. It was an inquiry that got closed. ... From: (USAF Sers mber 16, 2010 10:22 AM To: (OPR) Subject OPR Referral - Allegation of Misconduct - U.S. Attorneys Office, S.D.Fla. Ruth, In 2006, the Palm Beach Police Department began investigating allegations that Jeffrey Epstein, a multi- millionaire investor living in Palm Beach, was enticing underage girls into prostitution. Epstein was alleged to have paid underage girls to provide him with massages, while the young girls were unclothed. The case was referred to the FBI and U.S. Attorney's Office, and the FBI began its own investigation. Epstein hired a number of highly-paid attorneys, including Alan Dershowitz and Kenneth Starr, to attempt to stave off criminal charges. Ultimately, in 2007, Epstein was charged in state court with soliciting minors for prostitution. In September 2007, the U.S. Attorney's Office entered into a Non-Prosecution Agreement with Epstein, in which he agreed to plead guilty to the state criminal charge, and serve a sentence of 18 months. Epstein also agreed that, in any civil action under 18 U.S.C. 2255 by the underage victims, he would not raise the lack of a federal sex offense as a defense. In July 2008, Epstein plead guilty, and was sentenced to serve six months at the Palm Beach County Detention Facility, followed by 12 months in home detention. In July 2008, after the Non-Prosecution Agreement had been executed, two victims, TM and CW, filed an action under the Crime Victims Rights Act (CVRA), 18 U.S.C. 3771. They claimed that the government was obligated, under 18 U.S.C. 3771(a)(5), to speak with the victims prior to the execution of the Non-Prosecution Agreement. An emergency hearing was held on July 11, 2008, before U.S. District Judge Kenneth Marra. Since Epstein had entered his state court plea and been sentenced already, the court found there was no emergency. He directed the parties to meet and determine if there were any factual disputes and whether an evidentiary hearing would be necessary. Attorney Brad Edwards initially represented the victims. Soon, he was joined by Paul Cassell, a University of Utah law professor, and former federal judge who served in the District of Utah from 2002-2007. Cassell is a victims' rights advocate who has appeared in many cases throughout the United States. The victims' rights suit was inactive for the next two years, with Edwards and Cassell using the civil suit as a means to attempt to gain access to information helpful in their civil actions for damages against Epstein. They were able to obtain a copy of the Non-Prosecution Agreement through the civil litigation. 1 08-80736-CV-MARRA P-013954 EFTA00230472

In August 2010, the district court, noting that the last civil suit had been settled, entered an order closing the case. Edwards and Cassell immediately filed documents with the court, advising that the case should not be closed or dismissed, and they wanted to pursue final action by the court. Since September 2010, AUSA =land I have been dealing with Cassell and Edwards on how to resolve the case. They claim the victims had a right to be consulted prior to the execution of the Non-Prosecution Agreement, and that we violated the CVRA by not consulting them. The remedy they seek is a set aside by the court of the Non- Prosecution Agreement, and a prosecution of Epstein. On December 10, 2010, United States Attorney Wifredo A. Ferrer, First Assistant la BM and I, met with Cassell, Edwards, and CW, one of the victims. We discussed the posture of the case, and CW told us her views of what occurred and her desire to see Epstein receive justice for what he did. Cassell presented U.S. Attorney Ferrer a four-page letter, requesting an investigation of the Jeffrey Epstein prosecution. A copy of Cassell's letter is attached. He claims there may have been improper influence U.) exercising by Epstein, notingthatipstein is a ;politicatconnected billionaireLi Cassell cites to an alleged— tjp.aEpstein that a search warrant on his re telsc,:was to be executed; that a former AUSA, Brucern' "2 ---L-1 (Reinhartjeft the West Palm Beach office and soon began appearing on behalf of individuals aligned war e•-) -Elsie-in; and an unprecedented gel of secraDoetween thntii and the U.S. Anon-Tip Office, where the Fgr was purportedly kept in the darrabout the impending Non-Prosecution AgreemerrHe also claims that the victims were deceived regarding the existence of the Non-Prosecution Agreement. (Cop / Cassell has made a non-frivolous allegation of serious misconduct by the U.S. Attorney's Office. I believe this matter needs to be referred to OPR, so it can determine the appropriate action to be taken. Accordingly, I am providing a copy of Cassell's December 10, 2010 letter to you for any further action you deem appropriate. I am at the NAC today. I will be going on my Christmas vacation starting tomorrow, December 17. I can be reached by e-mail at all times, and also can be reached at all times at I will be back at my office on December 29. Thanks for your assistance, and have a great holiday. <<CaSSell_OPR.pdf» Ca-,<. Ce t." cv.s-t S-2 2 08-80736-CV-MARRA P-013955 EFTA00230473

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