EFTA00205992 Good luck. Let me know what happens after the hearing. Sure to get press calls. From: Ferrer, Wifredo A. (USAFLS) **Sent:** Friday, August 12, 2011 9:07 AM
To:Sanchez, Eduardo (USAFLS); Lee, Dexter (USAFLS); Greenberg, Benjamin (USAFLS); Villafana, Ann Marie G. (USAFLS)
Cc:Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS); Valle, Alicia (USAFLS)
Subject: Re: Jane Does 1 and 2 United States - Hearing on Friday, August 12, 2011, at 2:00 p.m. Best of luck, Dexter. We're in good hands with you there. Thanks for all your hard work in this difficult matter. From: Sanchez, Eduardo (USAFLS) **Sent:** Friday, August 12, 2011 12:06 AM
To:Lee, Dexter (USAFLS); Ferrer, Wifredo A (USAFLS); Greenberg, Benjamin (USAFLS); Villafana, App Marie C (USAFLS)
Cc:Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS); Velle, Alicia (USAFLS)
Cc: Atkinson, Karen (USAFLG); Jacobus, Wendy (USAFLG); Valle, Alicia (USAFLG) Subject: Re: Jane Does 1 and 2. United States - Hearing on Friday, August 12, 2011, at 2:00 p.m. I agree that we should go forward with our best efforts defense, at least at this point. Good luck tomorrow, Dexter. Hopefully, the judge will realize that he never needs to get to the best efforts defense or to any evidentiary hearing. From: Lee, Dexter (USAFLS) **Sent:** Thursday, August 11, 2011 07:38 PM **To:** Ferrer, Wifredo A. (USAFLS); Greenberg, Benjamin (USAFLS); Villafana, Ann Marie C. (USAFLS) Cc: Sanchez, Eduardo (USAFLS); Atkinson, Karen (USAFLS); Jacobus, Wendy (USAFLS); Valle, Alicia (USAFLS) Subject: Jane Does 1 and 2 United States - Hearing on Friday, August 12, 2011, at 2:00 p.m. Colleagues, Judge Marra will be holding a hearing tomorrow, August 12, at 2:00 p.m., on the victims four (4) motions. In the court’s order, he stated he would be asking for the parties’ positions on whether an evidentiary hearing is necessary. For our part, on the legal issue of whether rights under the Crime Victims Rights Act attached prior to the filing of a formal charge, the government does not believe any evidentiary hearing is necessary. The only two facts which are relevant are not disputed by the victims: (1) no formal charge was ever filed against Epstein in the S.D.Fla.; and (2) Epstein entered pleas of guilty to state charges on June 30, 2008, in Palm Beach County Circuit Court. If the court were to find that CVRA rights did attach in the absence of a formal charge against Epstein, the government has asserted that it used its “best efforts” to comply with the CVRA. In October 2007, after the non-prosecution agreement was signed, FBI agents met with four victims and advised them of the agreement. There is a dispute over what was told to these individuals, and the reasons why notifications to other victims did not occur. The victims also claim that CVRA letters sent to them by the FBI in January 2008 and May 2008 were deceptive, since an agreement with Epstein had already been reached (although not fully approved by Main Justice). I believe an evidentiary hearing would be necessary for the government to present its “best efforts” defense. This would involve the government calling witnesses, including Marie, the FBI agents, and other current and former DOJ employees with relevant knowledge of our efforts to comply with the CVRA. EFTA00205993 We need to decide whether to maintain our best efforts defense, since it exposes us to an opportunity for the victims to probe what we did, and why we did it, and provide a platform for making us look bad. One consideration is whether our chances of prevailing, e.g. convincing the Court that we did use our best efforts, is sufficiently great to justify the effort and ordeal. I believe we should go forward with our best efforts defense. Our office did its best to ensure the victims were apprised of events in the matter involving Epstein, despite howls of protest coming from Epstein’s attorneys. Our office had to walk a narrow path between perceived CVRA responsibilities, the incessant complaining from Epstein’s legal camp, and preserving what might still have been a federal prosecution of Epstein had he gotten the agreement overturned at DOJ, or reneged on it completely. Giving up on the best efforts defense would be conceding too much. Alicia: We will call you tomorrow after the hearing, to let you know about what went on, and the press coverage. I will be leaving here at 9:00 a.m. and hope to be at the West Palm Beach office by 11:00 a.m. Thanks. Dexter EFTA00205994