EFTA00179825

## Villafana, Ann Marie C. (USAFLS)

<table border="1"><tr><td>From:</td><td>Villafana, Ann Marie C.(USAFLS)</td></tr><tr><td>Sent:</td><td>Thursday, May 03,2007 10:47 AM</td></tr><tr><td>To:</td><td>Almanza, Paul</td></tr><tr><td>Subject:</td><td>2423(c)and2423(d)</td></tr></table>

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?

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

191