etting Drew into the meeting was to not have them 6 appeal us, and then having Drew say, not a good case. 7 Q All right. So, were you aware that Drew Oosterbaan 8 had, in preparation for this, gone to West Palm and actually 9 gone through the evidence and met with the case agent and the 10 line AUSA 11

Fair. I remember it was Starr and Lefkowitz. I 18 don't know if it was Lilly Ann. 19 Q All right, and our information is it was you, Drew 20 Oosterbaan, Sloman, , and John MacMillan. Do you -- 21 do you know John MacMillan? 22 A Vaguely. 23 Q All right. He was an AUSA as well. 24 A Right.

etting Drew into the meeting was to not have them 6 appeal us, and then having Drew say, not a good case. 7 Q All right. So, were you aware that Drew Oosterbaan 8 had, in preparation for this, gone to West Palm and actually 9 gone through the evidence and met with the case agent and the 10 line AUSA 11

ys in which they have tried to breach the agreement to convince you guys to let me indict.” In Washington, D.C., Lourie consulted with CEOS Chief Oosterbaan, asking for his thoughts on defense counsel’s arguments. At the same time, at Lourie’s request, Villafaña sent the NPA and its addendum to Lourie

upport the prosecution.” On March 6, 2008, Acosta alerted Sloman and Oosterbaan that Starr and Lefkowitz had called him to express “concern” about Oosterbaan’s participation in the case, and indicated that “they may ask for more senior involvement.” Acosta “informed them that they certainly had the righ

omplaints, and asked her to meet with him, Lefkowitz, and Whitley. Meanwhile, Oosterbaan’s Deputy Chief drafted a decision letter to be sent from Oosterbaan to Lefkowitz, and over the course of several weeks, it was reviewed by and received input from Deputy Assistant Attorney General Mandelker and Assi

dropped without prejudice? From: Villafana, Ann Mane C. (USAFLS) [mallto:[email protected]] Sent: Thu 20, 2008 4:39 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Hi Alexandra — The state indictment is related to two girls. One

m Beach. FL 33401 Phone 56I 209- I 047 Fax 561 820-8777 From: Gelber, Sent: Friday, March 21, 2008 11:51 AM To: Villafana, Ann Mane C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up One more question - do you know when double jeopardy attaches un

Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday. 2008 3:15 PM To: Gelber. ; Oosterbaan. Andrew Cc: Sloman, a (U AFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Ili Alexandra — I 'ere is the info that I have. Jeopardy attaches

questions. A. Mark Vfflajafia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, Sent: Thursday, March 20, 2008 11:49 AM To: Oosterbaan, Andrew; Villafana, Ann Marie C. (USAFLS) Cc: Sloman, Jeff (USAFLS) Subject: RE: Follow up Marie, Two quick questions: Could you clarify whether

Villafana, Ann Marie C. (USAFLS) From: Gelber, Sent: Thursday, arc 2008 7:45 PM To: Villafana, Ann Marie C. (USAFLS): Oosterbaan, Andrew Cc: &omen, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marc, that is very helpful. From: Vlllafana, Ann Marie

c, that is very helpful. From: Vlllafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Thur 20, 2008 4:39 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAF' S) Subject: RE: Follow up III — The state indictment is related to two girls. One of tho

") in September of 2007, he opined that he so believed in the prosecution that he "would try the case myself" • Indeed, Mr. acknowledges that Mr. Oosterbaan had previously opined on this matter, stating: This particular attack on this statute [18 U.S.C. § 2242(b)] had been previously raised and thoroug

rom-, P. 5, 1 3. The Truth: • CEOS' review, concluded in May 2008, was neither independent nor de novo. o CEOS' review was not "independent:" • Drew Oosterbaan, who conducted the review on behalf of CEOS, had already reviewed the prosecution memo on this matter eight months earlier. During a meeting with d

t despite Oosterbaan’s favorable opinion of the case, “[t]his was . . . a bit of uncharted territory,” involving facts that were unlike the case law Oosterbaan had cited. Although Lourie had some concerns about the legal issues and about the witnesses, he “probably” did not see any impediment to going for

d in the case and describing it as a “highly sensitive” case involving “a high profile, very rich defendant.”39 After CEOS reviewed the materials, Oosterbaan responded to Lourie with an email stating that the memorandum was “exhaustive” and “well done” and noting that Villafaña “has correctly focused on

ction 2255 issue was raised. After considering that arguments raised at the September 7'h meeting, and after conferring with the FBI and with Chief Oosterbaan, our Office decided to proceed with the indictment. At that time, I reminded Mr. Lefkowitz that he had previously indicated his desire to appeal suc

erstood that you wished to present federalism-based concerns regarding our prosecution. To ensure a full consideration of your arguments, I invited Drew Oosterbaan, chief of the Criminal Division's child exploitation and obscenity section, to our meeting as well. During the September 7th meeting, your co- couns

erstood that you wished to present federalism-based concerns regarding our prosecution. To ensure a full consideration of your arguments, I invited Drew Oosterbaan, Chief of the Criminal Division's Child Exploitation and Obscenity Section, to travel from Washington to attend our meeting. During the September 7h

ection 2255 issue was raised. After considering the arguments raised at the September 71h meeting, and after conferring with the FBI and with Chief Oosterbaan, our Office decided to proceed with the indictment. At that time, I reminded Mr. Lefkowitz that he had previously indicated his desire to appeal suc

out the petite policy. From: Villafana, Ann Marie C. (USAFLS) [mailto:[email protected]] Sent: Fridaiiii, 2008 3:15 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Eli - I lere is the info that I have. Jeopardy attaches at the

Villafana, Ann Marie C. (USAFLS) From: Gelber. Sent: Friday, March 21, 2008 3.20 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marie, that is very helpful. Please don't take my quest

Villafana, Ann Marie C. (USAFLS) From: Gelber, Sent: Friday, Iarch 2008 3:20 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marie, that is very helpful. Please don't take my quest

petite policy. From: Villafana, Ann Marie C. (USAFLS) (mailW:Ann.Marie.C.Villafana@usdoLgov] Sent: Fridax,nati_?), 2008 3:15 PM To: Gelber, MINES Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Ili Here is the info that I have. Jeopardy attaches at the star

(USAFLS) From: (USAFLS) Sent: llayRIP$008 11:18 AM To: Oosterbaan, Andrew Subject: RE Epstein update Attachments: Indictment.pdf. 2nd Add Pros Memo003 pdf. 3rd Addendum Pros Memo pdf. Epstein Pros Memo pdf Iii

ish the review of the package. Where is it at in the process ? From: (USAFLS) Sent: Wednesday, March 05, 2008 4:55 PM To: Acosta, Alex (USAFLS); Oosterbaan, Andrew; Senior, Robert (USAFLS) Cc: Garaa, Rolando (USAFLS); S (USAFLS) Subject: Epstein update Hi all — I wanted to update you on a couple of n

erstood that you wished to present federalism-based concerns regarding our prosecution. To ensure a full consideration of your arguments, I invited Drew Oosterbaan, Chief of the Criminal Division's Child Exploitation and Obscenity Section, to travel from Washington to attend our meeting. During the September 7t

Section 2255 issue was raised. After considering the arguments raised at the September r meeting, and after conferring with the FBI and with Chief Oosterbaan, our Office decided to proceed with the indictment. At that time, I reminded Mr. Lefkowitz that he had previously indicated his desire to appeal suc

OSterballt US_Atty_Cor_00304 EFTA00235630 05/16/2008 11:18 FAX 05/18/08 FRE 11:08 FAX U.S. Department of Justice Criminal Division Andrew 0. Oosterbaan, Chief cb002/008 Q002 Child ka,ploliarlun and Obnvnity Ration Jay Lefkowitz, Esq. Kirkland & Ellis LLP Citigroup Center 153 E. 53i8 St. New Y

should he authorize federal prosecution of Mr. gpotei S co: AAG Alice S. Either DRAG Sigel P. Mandencer U S. Attorney R. Alexander Acosta 5 . Oosterbaan US_Atty_Cor_00309 EFTA00235635

s met with the Chief of the Child Exploitation Section, Drew Oosterbaan, to review, yet again, the evidence and legal theories of prosecution. Chief Oosterbaan strongly supported the indictment and even offered to join the trial team and provide additional support from his Section. On September 7, 2007, I

eady for presentation to the grand jury. In the interim, AUSA Villafafia and the investigators met with the Chief of the Child Exploitation Section, Drew Oosterbaan, to review, yet again, the evidence and legal theories of prosecution. Chief Oosterbaan strongly supported the indictment and even offered to join

erstood that you wished to present federalism-based concerns regarding our prosecution. To ensure a full consideration of your arguments, I invited Drew Oosterbaan, Chief of the Criminal Division's Child Exploitation and Obscenity Section, to travel from Washington to attend our meeting. During the September 7*

ection 2255 issue was raised. After considering the arguments raised at the September 7th meeting, and after conferring with the FBI and with Chief Oosterbaan, our Office decided to proceed with the indictment. At that time, I reminded Mr. Lefkowitz that he had previously indicated his desire to appeal suc

ia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, a Sent: Friday, a , 2008 3:20 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marie, that is very helpfuL Please don't take my question

out the petite policy. From: Villafana, Ann Marie C. (USAFLS) rmailto:Ann.Marie.C.Villafana@usdolgov] Sent: Frida ch 21, 2008 3:15 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, IS); Senior, Robert (USAFLS) Subject: RE: Follow up I I i Here is the info that I have. Jeopardy attaches at the start of th

erstood that you wished to present federalism-based concerns regarding our prosecution. To ensure a full consideration of your arguments, I invited Drew Oosterbaan, Chief of the Criminal Division's Child Exploitation and Obscenity Section, to travel from Washington to attend our meeting. During the September r

Section 2255 issue was raised. After considering the arguments raised at the September r meeting, and after conferring with the FBI and with Chief Oosterbaan, our Office decided to proceed with the indictment. At that time, i reminded Mr. Lelkowitz that he had previously indicated his desire to appeal suc

about the case that needed to be discussed, and scheduled a meeting with the defense for September 7, 2007. At the September 7, 2007 meeting, with Drew Oosterbaan in attendance, the government dismissed the defense's objections and set a September 21, 2007 deadline to finalize a non-prosecution agreement or t

25658 KIRKLAND & ELLIS LLP ■ The defense immediately raised concerns regarding the non-independence of the review when told that it would be Mr. Oosterbaan tasked with providing the review, but was told that when Mr. Oosterbaan rendered his prior opinion, "he was not really up to speed on the facts" o

e, that is very helpful. From: Villafana, Ann Marie C. (USAFLS) (rnallto:Ann.Marle.C.VillafanaOusdo).gov) Sent: Thu 20, 2008 4:39 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up pig , Hi - The state indictment is related to two girls. One of thos

Villafana, Ann Marie C. (USAFLS) From: Gelber, Sent: Thursday, 20, 2008 7:45 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan. Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Made, that is very helpful. From: Villafana, Ann Marie

to proceed in the same fashion even if he had sought and received a full briefing 258 CEOS Chief Oosterbaan told OPR this provision was “very unusual.” Principal Associate Deputy Attorney General John Roth commented, “I don’t know how it is that you give

er with Sloman after Menchel’s departure. Despite these discussions, though, it is not clear that Acosta was aware of certain information, such as Oosterbaan’s strong opinion from the outset in favor of the prosecution or of Villafaña’s concerns and objections to a state-based resolution or the final NPA.