Case 9:08-cv-80736-KAM Document 361-8 Entered on FLSD Docket 02/10/2016 Page 1 of 2

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Case 9:08-cv-80736-KAM Document 361-8 Entered on FLSD Docket 02/10/2016 Page 2 of 2



Hi Jay – I didn’t want us to get sidetracked during the conference call. I want to make sure that we have a factual basis for “harassment.” somewhere else is a different 1512 offense with a 10 year cap. This is the factual proffer that I drafted up earlier this afternoon, to give you an idea of what it would look like.

When I include a factual proffer in a plea agreement, I usually use prefatory language like: The parties agree that, had this case proceeded to trial, the United States would have proven the following facts beyond a reasonable doubt, and that the following facts are true and correct and are sufficient to support a plea of guilty.



| Epstein Plea Proffer.doc |

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Assistant U.S. Attorney

90 S. Australian Ave, Suite 400

West Palm Beach, FL 33401



RFP MIA 000129

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