EFTA00190820¶
U.S. Department of Justice¶
United States Attorney¶
Southern District of Florida¶
R. ALEXANDER ACOSTA¶
UNITED STATES ATTORNEY¶
99 N.E. 4 Street¶
Miami, FL 33132¶
(305) 961-9100 - Telephone¶
(305) 530-6444 - Facsimile¶
December 19, 2007¶
DELIVERY BY FACSIMILE¶
Lilly Ann Sanchez¶
Fowler White Burnett, PA¶
1395 Brickell Ave, 14th Floor¶
Miami, FL 33131¶
Re: Jeffrey Epstein¶
Dear Ms. Sanchez:¶
2 Section 2255 provides that: “[a]ny person who, while a minor, was a victim of a violation of [enumerated sections of Title 18] and who suffers personal injury as a result of such violation … may sue in any appropriate United States District Court and shall recover the actual damages such person sustains and the cost of the suit, including a reasonable attorney’s fee.”¶
Case No. 08-80736-CV-MARRA¶
P-008341¶
EFTA00190821¶
With this in mind, I have considered defense counsel arguments regarding the Section 2255 portions of the Agreement. As I previously observed, our intent has been to place the victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less. From our meeting, it appears that the defense agrees that this was the intent. During the course of negotiations that intent was reduced to writing in Paragraphs 7 and 8, which as I wrote previously, appear far from simple to understand. I would thus propose that we solve our disagreements over interpretations by saying precisely what we mean, in a simple fashion. I would replace Paragraphs 7 and 8 with the following language:¶
“Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein’s attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less.”¶
2¶
Case No. 08-80736-CV-MARRA¶
P-008342¶
EFTA00190822¶
Sincerely,¶
R. ALEXANDER ACOSTA¶
UNITED STATES ATTORNEY¶
3¶
Case No. 08-80736-CV-MARRA¶
P-008343¶
EFTA00190823¶
EFTA00190824¶