EFTA00179823¶
Villafana, Ann Marie C. (USAFLS)¶
| From: | Braden, Myesha |
| Sent: | Thursday, May 03, 2007 12:05 PM |
| To: | Villafana, Ann Marie C.(USAFLS) |
| Cc: | Almanza, Paul |
| Subject: | RE:2423(c)and2423(d) |
A. Marie,¶
Paul Almanza asked that I respond to your inquiry.¶
Without knowing all of your facts, it does not appear to me that you can use the statue in the ways that you describe. Regarding the first question, I believe that the language of the statute clearly criminalizes engaging in illicit sexual conduct WHILE traveling in foreign commerce. The entire legislative history of the statute shows that it was designed to combat international sex tourism. Also the “travels in … and engages” language bears this out. However, it is not necessary to use 2423(c) to charge him if you know that his intent was to engage in sex with minors. If that is the case, you should charge 2423(b) because it is design to address BOTH interstate and foreign travel for the purpose of illicit sex.¶
Regarding the second question, I must respond with two questions. Can you prove that she arranged the travel and appointments for her own commercial or financial advantage? It sounds like she just doing what her boss in her legitimate job requested of her without additional benefit beyond her standard pay. If that is the case, you will have a great amount of difficulty proving the elements of your case. Can you prove that she purposely arranged appointments with underage prostitutes? Because 2423(f) defines illicit sexual conduct in two ways, both limiting the focus to sexual activity with minors, this is an important issue in deciding whether to charge the assistant. It is also an issue in determining whether your target will be able to raise the affirmative defense provided in 2423(g).¶
If you’d like to give me a call to talk more about this, please feel free to do so.¶
Good luck!¶
Myesha¶
Myesha K. Braden¶
U.S. Department of Justice¶
Criminal Division – CEOS¶
(202) 514-6037¶
From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov]¶
Sent: Thursday, May 03, 2007 10:47 AM¶
To: Almanza, Paul¶
Subject: 2423(c) and 2423(d)¶
Hi Paul – Sorry to bother you. I am charging a case where a man traveled from out of state (and, on one occasion, from outside the country) to Palm Beach County to engage in prostitution with minors.¶
First question: The man clearly traveled in “foreign commerce” when he traveled from outside the U.S. directly to Palm Beach county, and he is a U.S. citizen. Do you think that we could charge 2423(c) even though the sexual activity occurred in the U.S.?¶
Second question: Do you know of anyone who has charged 2423(d)? The man’s personal assistant set up the appointments with the prostitutes and also was in charge of organizing his travel, so I think a 2423(d) charge is warranted. One question is whether we should charge a separate count for each trip? Or charge only one count covering the entire 18-month period of activity?¶
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EFTA00179824¶
As always, thank you!¶
A. Marie Villafaña¶
Assistant U.S. Attorney¶
500 S. Australian Ave, Suite 400¶
West Palm Beach, FL 33401¶
Phone 561 209-1047¶
Fax 561 820-8777¶
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