Re: Letter from Brad Edwards

V

To

Robert Blackburn Esq. (blackburnr@sec.gov)

Hi Robert Thank you for taking the time to speak with me today. I will follow up with you next week. All of my contact info is below.

A. Marie Villafaña

Assistant U.S. Attorney
Southern District of Florida
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

V

To

'Robert Blackburn Esq. (blackburnr@sec.gov)'

Hi Robert-- As promised, I am following up with you. Two FBI agents and I are traveling to New York on Thursday morning and will be there through Sunday. I remember that you are presenting an indictment on Friday, but is there any chance we could talk on Friday afternoon or early evening? And can you recommend a government-approved hotel?

Thank you so much!

A. Marie Villafaña
Assistant U.S. Attorney
Southern District of Florida
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777

From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marie.C.Villafana@usdoj.gov] Sent: Thursday, November 30, 2006 3:55 PM To: Robert Blackburn Esq. (blackburnr@sec.gov) Subject: Our discussion

Hi Robert Thank you for taking the time to speak with me today. I will follow up with you next week. All of my contact info is below.

A. Marie Villafaña
Assistant U.S. Attorney
Southern District of Florida
500 S. Australian Ave, Suite 400
West Palm Beach, FL 33401
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

V

To

Lourie, Andrew (USAFLS)

Hi Andy I send Lilly a letter telling her that, as I mentioned in my earlier correspondence, I wanted to review the documents that she promised before we met and if she wanted me to review things before I made a presentation to the grand jury she should send them sooner rather than later. She just wants to "make a pitch" and not provide any information. I want the documents not the pitch.

A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

From: Lourie, Andrew (USAFLS) [mailto:Andrew.Lourie@usdoj.gov] Sent: Tuesday, January 09, 2007 5:20 PM To: Villafana, Ann Marie C. (USAFLS) Subject: T/C with Lilly Ann Sanchez

Marie,

Lilly Ann Sanchez called me. Based on her last conversation with you she was concerned an indictment was imminent and wanted to confirm that she would be given an opportunity to come in before and present the results of their own investigation to us and make a pitch. She said once they had an opportunity to do that, if we wanted to interview Epstein, that would be a possibility. I told her that she would be given the opportunity to do what she requested.

V

To

Lourie, Andrew (USAFLS)

Andy -- I just spoke with Lilly. They are going to give me nothing. I just get to listen to the pitch and hear about how the girls are liars and drug users. And the earliest that they can come to see me is the week after our "goal date."

A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

V

To

Lourie, Andrew (USAFLS)

Hi Andy I got a little side-tracked with the Judge Zloch thing, but I am going to try to spend all day today and tomorrow on the Epstein pros memo. In the meantime, Shawn is making you a copy of the stuff that Gerald Lefcourt sent and a copy of the final Palm Beach police report. That doesn't include the interviews conducted by FBI, but it gives a good overview. Junior Ortiz from FBI would like to attend the meeting. Let me know if you have any objection to that. Maybe Junior can come over at 1:00 on Thursday so we can do a "pre-meeting meeting"

A. Marie Villafaña

Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
imn.marie.c.villafanaQusdoi.gov

From: lourie, Andrew (USAFLS) [mailto:Andrew.Lourie@usdoj.gov] Sent: Monday, January 29, 2007 4:55 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Epstein

Can I get a draft pros memo and anything else you think I should read before our meeting?

C

To

Villafana, Ann Mare C. (USAFLS)

Marie,

We have always taken the position that a sting offense — i.e., a violation of 1956a3 — requires proof of a representation that the property involved in the transaction was either A) SUA proceeds, or B) property used to facilitate. In other words, contrary to your construction of the statute, we think the representation element applies to both of the phrases that follow, and not just to the proceeds. I could go into detail regarding the elements of 1956(a)(3) and its legislative history if necessary (we did a memo on this to counsel for one of the agencies many years ago), but I think the reason you haven't found any case law on this is that we've discouraged bringing any prosecutions based on this reading of the statute.

I suspect that this is not what you were hoping to hear, but that's how we see it.

Good luck with this,

Stef

From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.CVillafana@usdolgov] Sent: Thursday, March 22, 2007 12:50 PM To: Cassella, Stefan Subject: A Money Laundering Question

Hi Stefan -- One of our ICE Agents recommended that I contact you with this question. I have a target who transfers funds from a bank account in New York to a bank account in Florida. The target then asks his assistant in Florida to withdraw cash from the Florida account to pay underage prostitutes here in Florida. I would like to charge money laundering under I956(aX3XA): "Whoever, with the intent (A) to promote the carrying on of specified unlawful activity; ... conducts or attempts to conduct a financial transaction involving . .. property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years or both."

I read the statute as NOT requiring either the use ofcriminal proceeds or an attempt to conceal the transactions, but I haven't found any cases that involve purely promotional money laundering. Can you help?

Thank you so much.

A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
illafana@usdoj.gov

C

To

Villafana, Ann Marie C. (USAFLS)

Aside from cases where there is a representation as to the nature of the money by a law enforcement agent (sting cases; 1956(a)(3)), or cases involving the international transfer of funds (intl money laundering; 1956(a)(2)(A)), all money laundering offenses under 1956 and 1957 require proof that the money actually was SUA proceeds. There is no provision, in other words, for "reverse money laundering" - i.e., the process of sending money from one place to another for the purpose of promoting a future criminal act. This is a problem in our money laundering statutes that we've asked Congress to fix. (Ironically, the State of Florida has a state reverse money laundering statute that might apply to your facts.)

There are some other possibilities, however. If the money was sent via a money remitter, there could be a violation of 1960(b)(1)(C) (sending funds through a money remitting business knowing that they were intended to be used for an illegal purpose). Also, since the end result of this transaction was the promotion of a prostitution offense, you could have a violation of 1952 (using a facility in interstate commerce to promote a state prostitution offense).

Please let me know if either of these work for you.

Stef

From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann. Marie.C.Villafana@usdoj.gov] Sent: Thursday, March 22, 2007 4:00 PM To: Cassella, Stefan Subject: RE: A Money Laundering Question

Thank you, Stef. I must admit that your answer doesn't make me happy. Do you think that there is any other type of money laundering that I could charge?

A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

From: Cassella, Stefan Sent: Thursday, March 22, 2007 3:10 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: A Money Laundering Question

Marie,

We have always taken the position that a sting offense - i.e., a violation of 1956a3 - requires proof of a representation that the property involved in the transaction was either A) SUA proceeds, or B) property used to facilitate. In other words, contrary to your construction of the statute, we think the representation element applies to both of the phrases that follow, and not just to the proceeds. I could go into detail regarding the elements of 1956(a)(3) and its legislative history if

necessary (we did a memo on this to counsel for one of the agencies many years ago), but I think the reason you haven't found any case law on this is that we've discouraged bringing any prosecutions based on this reading of the statute.

I suspect that this is not what you were hoping to hear, but that's how we see it.

Good luck with this,

Stef

From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann. Marie.C.Villafana@usdoj.gov] Sent: Thursday, March 22, 2007 12:50 PM To: Cassella, Stefan Subject: A Money Laundering Question

Hi Stefan -- One of our ICE Agents recommended that I contact you with this question. I have a target who transfers funds from a bank account in New York to a bank account in Florida. The target then asks his assistant in Florida to withdraw cash from the Florida account to pay underage prostitutes here in Florida. I would like to charge money laundering under 1956(a)(3)(A): "Whoever, with the intent (A) to promote the carrying on of specified unlawful activity; ... conducts or attempts to conduct a financial transaction involving. .. property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years or both."

I read the statute as NOT requiring either the use of criminal proceeds or an attempt to conceal the transactions, but I haven't found any cases that involve purely promotional money laundering. Can you help?

Thank you so much.

A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

V

To

Cassella, Stefan

Thank you, thank you, thank you!

A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

From: Casselia, Stefan Sent: Thursday, March 22, 2007 5:24 PM To: Vlllafana, Ann Marie C. (USAFLS) Subject: FW: memory lane

FYI

Stef

From: Harbin, Harry
Sent: Thursday, March 22, 2007 4:46 PM
To: Cassella, Stefan
Subject: RE: memory lane

Your memory is correct:

United States >1 Tobon-Builes, 706 F.2d 1092 (11th Cir. 1982) Conviction aff'd. Tobon's criminal liability stems not from any duty on his part to file CTRs but from his willful act of concealment of material facts so as to cause financial institutions to fail in their duty to file. The panel found support for this holding in 18 U.S.C. § 2(b) under which a person is punishable as a principal if they cause an unwitting and therefore innocent intermediary to commit the offense.

An authority of more general application is 18 USC § 2(b) on which Tobon-Builes relied — which is a bit different from the

"aiding and abetting" principal embodied in § 2(a).

Harry

From: Cassella, Stefan
Sent: Thursday, March 22, 2007 4:37 PM
To: Harbin, Harry
Subject: memory lane

Harry,

Am I correct that Tobon-Builes was the 11th Circuit case holding that a smurf could be convicted of causing (aiding and abetting) a financial institution to fail to file a CTR? Do you think that an AUSA in Florida could rely on that case to argue that a person using a money remitter to send money from New York to Florida to finance a prostitution offense is guilty of causing the remitter to violate 1960b1C?

Stef

V

To

Lourie, Andrew (USAFLS)

Hi Andy -- Thank you. The letter went out earlier today. I put a copy in your box.

A. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

From: Lourie, Andrew (USAFLS) [mailto:Andrew.Lourie@usdoj.gov] Sent: Monday, March 26, 2007 4:21 PM To: Villafana, Ann Marie C. (USAFLS) Subject:

I told Dutko we would send him a kastigar letter this week. He said he would try to bring her in next week unless he had issues with the letter. Basically we should just tell him we are giving him 6001 immunity.

Also, I was thinking that seniors in High School start turning 18 in January. So that if you are getting massages from High School students during a school year between September and January, you can be assured none of them are 18. And even by graduation in June, 5/6 of the students in a Highschool will be under 18.

V

To

acsalter@annasalter.com

Dear Dr. Salter:

I am a federal prosecutor in West Palm Beach, Florida, and the District-wide coordinator of child exploitation cases for the U.S. Attorney's Office for the Southern District of Florida. I have been reviewing your book, Predators: Pedophiles, Rapists, & Other Sex Offenders, and have found it immensely informative.

I am considering undertaking a prosecution, and I am hoping that you would consider serving as an expert consultant and possible witness for the case. The types of issues that I am hoping you can address include:

Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim to disclose all of the sexual activity that took place.
Different types of paraphilia -- in particular, describing a predator's interest in post-pubescent children (many people are asking why we should prosecute someone who didn't go after really young children).
Traits of psychopathy.
Effects of abuse on victims.

When you have a chance, would you mind calling or e-mailing me? My direct dial number is shown below. You also can contact Special Agent Nesbitt Kuyrkendall, with the FBI, at 561 822-5946.

Thank you.

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

V

To

acsalter@annasalter.com

Dear Dr. Salter:

I am a federal prosecutor in West Palm Beach, Florida, and the District-wide coordinator of child exploitation cases for the U.S. Attorney's Office for the Southern District of Florida. I have been reviewing your book, Predators: Pedophiles, Rapists, & Other Sex Offenders, and have found it immensely informative.

I am considering undertaking a prosecution, and I am hoping that you would consider serving as an expert consultant and possible witness for the case. The types of issues that I am hoping you can address include:

Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim to disclose all of the sexual activity that took place.
Different types of paraphilia -- in particular, describing a predator's interest in post-pubescent children (many people are asking why we should prosecute someone who didn't go after really young children).
Traits of psychopathy.
Effects of abuse on victims.

When you have a chance, would you mind calling or e-mailing me? My direct dial number is shown below. You also can contact Special Agent Nesbitt Kuyrkendall, with the FBI, at 561 822-5946.

Thank you.

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

V

To

acsalter@annasalter.com

Dear Dr. Salter:

I am a federal prosecutor in West Palm Beach, Florida, and the District-wide coordinator of child exploitation cases for the U.S. Attorney's Office for the Southern District of Florida. I have been reviewing your book, Predators: Pedophiles, Rapists, & Other Sex Offenders, and have found it immensely informative.

I am considering undertaking a prosecution, and I am hoping that you would consider serving as an expert consultant and possible witness for the case. The types of issues that I am hoping you can address include:

Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim to disclose all of the sexual activity that took place.
Different types of paraphilia -- in particular, describing a predator's interest in post-pubescent children (many people are asking why we should prosecute someone who didn't go after really young children).
Traits of psychopathy.
Effects of abuse on victims.

When you have a chance, would you mind calling or e-mailing me? My direct dial number is shown below. You also can contact Special Agent Nesbitt Kuyrkendall, with the FBI, at 561 822-5946.

Thank you.

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

V

To

acsalter@annasalter.com

Dear Dr. Salter:

I am a federal prosecutor in West Palm Beach, Florida, and the District-wide coordinator of child exploitation cases for the

U.S. Attorney's Office for the Southern District of Florida. I have been reviewing your book Predators: Pedophiles Rapists. & Other Sex Offenders, and have found it immensely informative.

I am considering undertaking a prosecution, and I am hoping that you would consider serving as an expert consultant and

possible witness for the case. The types of issues that I am hoping you can address include:

Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim to

disclose all of the sexual activity that took place.

Different types of paraphilia -- in particular, describing a predator's interest in post-pubescent children (many people

are asking why we should prosecute someone who didn't go after really young children).

Traits of psychopathy.
Effects of abuse on victims.

When you have a chance, would you mind calling or e-mailing me? My direct dial number is shown below. You also can

contact Special Agent Nesbitt Kuyrkendall, with the FBI, at 561 822-5946.

Thank you.

A. Marie Villafalia
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdelgov

V

To

Williams, Doncella

Cc

Ball, Shawn (USAFLS)

Thank you so much!

Shawn -- Can you prepare the final subpoenas?

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

From: Williams, Doncella Sent: Monday, April 16, 2007 12:03 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Bannon, John Subject: Haley Robson and Tatum Miller

The immunity authorization letters for witness Haley Robson and Tatum Miller has been faxed to your office at 561-820- 8777.

Doncella Williams
Legal Assistant
Witness Immunity Unit
202-514-5541

V

To

Ortiz, Eliasib

Hi Junior -- Here are the questions that I have raised for the potential expert. Thank you.

The types of issues that I am hoping the expert can address include:

I. Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim

to disclose all of the sexual activity that took place.

Different types of paraphilia -- in particular, describing a predator's interest in post-pubescent children (many

people are asking why we should prosecute someone who didn't go after really young children).

Traits of psychopathy.
Effects of abuse on victims.

Thank you.

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c illafana@usdoj.gov

A

To

Villafana, Ann Marie C. (USAFLS)

Hi,

These are all things I could testify about. Can you tell me the time-line?

I charge $250/hour for everything: reading records, testifying, etc. For traveling I charge from the time I leave the house until I arrive at the hotel, and then again the next day from the time I leave the hotel until I return to the hotel or to my home. I don't ask for a retainer.

If that's acceptable, please give me a call at 608-238-8223 at your convenience. Anna Salter

PS That email address is having trouble. Please send emails to acsalter@tds.net.

A

To

Villafana, Ann Marie C. (USAFLS)

Hi,

These are all things I could testify about. Can you tell me the time-line?

I charge $250/hour for everything: reading records, testifying, etc. For traveling I charge from the time I leave the house until I arrive at the hotel, and then again the next day from the time I leave the hotel until I return to the hotel or to my home. I don't ask for a retainer.

If that's acceptable, please give me a call at 608-238-8223 at your convenience. Anna Salter

PS That email address is having trouble. Please send emails to acsalter@tds.net.

A

To

Villafana, Ann Marie C. (USAFLS)

Hi,

These are all things I could testify about. Can you tell me the time-line?

I charge $250/hour for everything: reading records, testifying, etc. For traveling I charge from the time I leave the house until I arrive at the hotel, and then again the next day from the time I leave the hotel until I return to the hotel or to my home. I don't ask for a retainer.

If that's acceptable, please give me a call at 608-238-8223 at your convenience. Anna Salter

PS That email address is having trouble. Please send emails to acsalter@tds.net.

V

To

A. Salter

Hi Anna - My secretary, Shawn Ball, will be calling to get your Social Security number, etc., so we can get funding approved. (I don't want to take up a lot of your time and then get into a fight with my Office.) I'll call you on Monday?

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

From: A. Salter [mailto:acsalter@tds.com] Sent: Wednesday, April 18, 2007 8:27 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Possible Retainer for a Federal Criminal Investigation/Prosecution

Hi,

These are all things I could testify about. Can you tell me the time-line?

I charge $250/hour for everything: reading records, testifying, etc. For traveling I charge from the time I leave the house

until I arrive at the hotel, and then again the next day from the time I leave the hotel until I return to the hotel or to my home. I don't ask for a retainer.

If that's acceptable, please give me a call at 608-238-8223 at your convenience. Anna Salter

PS That email address is having trouble. Please send emails to acsalter6tds.net.

From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann. Marie.C.Villafana@usdoj.gov] Sent: Monday, April 16, 2007 10:50 AM To: acsalter@annasalter.com Subject: Possible Retainer for a Federal Criminal Investigation/Prosecution

Dear Dr. Salter:

I am a federal prosecutor in West Palm Beach, Florida, and the District-wide coordinator of child exploitation cases for the U.S. Attorney's Office for the Southern District of Florida. I have been reviewing your book, Predators: Pedophiles, Rapists, & Other Sex Offenders, and have found it immensely informative.

I am considering undertaking a prosecution, and I am hoping that you would consider serving as an expert consultant and possible witness for the case. The types of issues that I am hoping you can address include:

Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim to disclose all of the sexual activity that took place.
Different types of paraphilia -- in particular, describing a predators interest in post-pubescent children (many people are asking why we should prosecute someone who didn't go after really young children).
Traits of psychopathy.
Effects of abuse on victims.

When you have a chance, would you mind calling or e-mailing me? My direct dial number is shown below. You also can contact Special Agent Nesbitt Kuyrkendall, with the FBI, at 561 822-5946.

Thank you.

A. Mark Vilkfidia
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villatimaAusdoj.gov

V

To

acsalter@tds.net

Eli Anna -- My secretary, Shawn Ball, will be calling to get your Social Security number, etc., so we can get funding approved. (I don't want to take up a lot of your time and then get into a fight with my Office.) I'll call you on Monday?

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

From: A. Salter [mailto:acsalter@tds.corn] Sent: Wednesday, April 18, 2007 8:27 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Possible Retainer for a Federal Criminal Investigation/Prosecution

Hi,

These are all things I could testify about. Can you tell me the time-line?

I charge $250/hour for everything: reading records, testifying, etc. For traveling I charge from the time I leave the house

until I arrive at the hotel, and then again the next day from the time I leave the hotel until I return to the hotel or to my home. I don't ask for a retainer.

If that's acceptable, please give me a call at 608-238-8223 at your convenience. Anna Salter

PS That email address is having trouble. Please send emails to acsalteretds.net.

From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann. Marie.C.Villafana@usdoj.gov] Sent: Monday, April 16, 2007 10:50 AM To: acsalter@annasalter.com Subject: Possible Retainer for a Federal Criminal Investigation/Prosecution

Dear Dr. Salter:

I am a federal prosecutor in West Palm Beach, Florida, and the District-wide coordinator of child exploitation cases for the

U.S. Attorney's Office for the Southern District of Florida. I have been reviewing your book, Predators: Pedophiles Rapists. & Other Sex Offenders, and have found it immensely informative.

I am considering undertaking a prosecution, and I am hoping that you would consider serving as an expert consultant and

possible witness for the case. The types of issues that I am hoping you can address include:

Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim to disclose all of the sexual activity that took place.
Different types of paraphilia -- in particular, describing a predator's interest in post-pubescent children (many people are asking why we should prosecute someone who didn't go after really young children).
Traits of psychopathy.
Effects of abuse on victims.

When you have a chance, would you mind calling or e-mailing me? My direct dial number is shown below. You also can contact Special Agent Nesbitt Kuyrkendall, with the FBI, at 561 822-5946.

Thank you.

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

R

To

Villafana, Ann Marie C. (USAFLS)

Cc

genekuyrkendall@msn.com

Hey Marie,

Here's the draft spreadsheet you requested (Jennifer Siciliano's data still needs to be added). Have a good weekend.

Jason

V

To

Schultz, Anne (USAFLS)

Cc

Yera, E.J. (USAFLS)

Hi Annie -- The current version of the jury instruction for violating 18 USC 2422(b) (Offense Instruction 80) is currently drafted for the charge of ATTEMPTED enticement of a minor. Because attempt is a specific intent crime, an attempt requires that the defendant specifically intend to entice someone under 18, and the current pattern instruction includes a willfulness requirement. For the completed offense, however, the defendant only needs to knowingly use a computer to entice someone, and then the government has to prove that the person actually is under 18. The current pattern jury instruction also does not discuss enticement into prostitution.

So, the instruction for a completed offense should read:

First: That the Defendant knowingly used [the mail] [a computer] [describe other interstate facility as alleged in indictment] to persuade, induce, entice, or coerce an individual to engage in [prostitution] [sexual activity], as charged;

Second: That the individual whom the defendant enticed was less than eighteen (18) years of age at the time of the charged offense;

And [for cases not involving enticement into prostitution]

Third: That the Defendant and the individual engaged in sexual activity for which the Defendant could have been charged with a criminal offense under the law of [identify the state].

EJ and I have gone through all the cases on this for an upcoming indictment, so getting the 11th Circuit's attention would be wonderful. If you want the analysis, please let me know.

Thanks.

A. Marie Malaita
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana®usdqj.gov

From: Schultz, Anne (USAFLS) [mailto:Anne.Schultz@usdoj.gov] Sent: Monday, April 23, 2007 11.29 AM To: USAFIS-AUSAs District Cc Curnlck, Janis (USAFLS) Subject Eleventh Circuit Pattern Jury Instructions

Judge Mlddlebrooks Informed me on Friday that the Committee that reviews the Eleventh Circuit Pattern Jury Instructions will be meeting next week at the Eleventh Circuit Judicial Conference. The Committee will soon begin reviewing the current instructions, and Judge Middlebrooks has requested our input. If you have suggestions about the instructions as a whole please relay them to me within the next two days so that I can pass our general comments on to Judge Mlddlebrooks before the Judicial Conference. If you have any suggestions as to individuals or groups that the

Committee should contact for input regarding the instructions, please give me that information in the next two days as well. I would also like your thoughts on instructions that need to be revised or added. While all thoughts are welcome, it would really help if you attached instructions that you think should be included in the Pattern Instructions.

V

To

Sloman, Jeff (USAFLS)

Hi Jeff -- I got your message. I had already sent some stuff to Barbara, so I think she has what she and Alex need. If not, please let me know.

The big indictment package was turned in today, so hopefully Matt will have it by Thursday. May 15th is our target date.

Thanks.

A.. Marie Villafaña
Assistant U.S. Attorney
500 S. Australian Ave, Ste 400
West Palm Beach, FL 33401
561 820-8711
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

V

To

Ball, Shawn (USAFLS)

Hi Shawn -- I changed it a bit. Thanks.

The message is ready to be sent with the following file or link attachments:

Xpert Statement of Work Lit Consult.wpd

Note: To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled.

V

To

Almanza, Paul

Iii Paul —Sorry to bother you.1 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

B

To

Villafana, Ann Marie C. (USAFLS)

Cc

Almanza, Paul

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?

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

V

To

Crespo, Rosita (USAFLS)

Cc

Ball, Shawn (USAFLS)

Ili Rosita — Here is the amended Memo. The case is highly sensitive because of the large number of identifiable minors, so I have been very succinct. If you have any questions, you can call me at my direct dial (shown below). Thank you.

Lit Consultant SOW short.wpd

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

From: Ball, Shawn (USAFLS) Sent: Wednesday, May 02, 2007 3:19 PM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: Litigative Consultant SOW

From: Crespo, Rosita (USAFLS)
Sent: Wednesday, May 02, 2007 3:16 PM
To: Ball, Shawn (USAFLS)
Subject: Litigative Consultant SOW

Shawn,

Attach is the SOW for Litigative Consultant. Add the information needed and return via email.
You need to add a brief summary of case.

Thanks.

V

To

Lourie, Andrew (USAFLS)

Cc

Barnes, Antonia (USAFLS)

Hi Andy - I caught a few typos today in the indictment, so here is a revised version (they didn't change any of the counts).

don't think you sent the indictment to Matt Menchel yet, but if you want me to send it to him, please let me know. Thank you.

[x]

070507 Indictment.wpd

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

L

To

Villafana, Ann Marie C. (USAFLS)

marie

I believe that Epstein's attys are scared of the victims they don't know. Epstein has no doubt told them that there were many. Thus I believe the first indictment should contain only the victims they have nothing on at all. We can add in the other ones that have myspace pages and prior testimony in a superseder. I think for the first strike we should make all their nightmare's come true. Thoughts?

Y

To

Villafana, Ann Marie C. (USAFLS)

AM-

This is so wrong - on so many levels-that I don't know where to begin.

E.J.

From: Villafana, Ann Marie C. (USAFLS)
Sent: Thursday, May 10, 2007 9:51 AM
To: Yera, E.J. (USAFLS)
Subject: FW:

Your guidance is sorely needed.

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

From: Lourie, Andrew (USAFLS)
Sent: Thursday, May 10, 2007 9:49 AM
To: Villafana, Ann Marie C. (USAFLS)
Subject:

marie

I believe that Epstein's attys are scared of the victims they don't know. Epstein has no doubt told them that there were many. Thus I believe the first indictment should contain only the victims they have nothing on at all. We can add in the other ones that have myspace pages and prior testimony in a superseder. I think for the first strike we should make all their nightmare's come true. Thoughts?

M

To

Villafana, Ann Marie C. (USAFLS)Lourie, Andrew (USAFLS)

Marie,

Is the pros memo the same as the earlier version that Andy emailed me? Also you reference Appendix A in your memo but it wasn't attached to my first memo.

Thanks,
Matt

From: Villafana, Ann Marie C. (USAFLS)
Sent: Wednesday, May 09, 2007 5:36 PM
To: Lourie, Andrew (USAFLS)
Cc: Menchel, Matthew (USAFLS)
Subject: RE:

Hi Andy and Matt - Toni and I finalized the forfeiture provisions this afternoon, so here is the indictment with the forfeiture language and another copy of the pros memo. Andy - I will sign the indictment and add it to the packet. Thanks.

<< File: 070507 Indictment with Forfeiture.wpd >> << File: Pros Memo 5-1-07.wpd >>

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

From: Lourie, Andrew (USAFLS)
Sent: Wednesday, May 09, 2007 5:17 PM
To: Villafana, Ann Marie C. (USAFLS)
Subject:

Pls email me pros memo. Thanks.

V

To

Lourie, Andrew (USAFLS)Menchel, Matthew (USAFLS)

Good morning: I just received a call that Epstein's plane is flying from the Virgin Islands to Newark now, so it looks like Epstein is going to show up for his court appearance tomorrow. Can you let me know if the indictment is going tomorrow or, if not, whether we are authorized to proceed by Complaint?

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

M

To

Villafana, Ann Marie C. (USAFLS)Lourie, Andrew (USAFLS)

Marie,

You will not have approval to go forward tomorrow with an indictment or to proceed by complaint. Alex has your memo and lefcourt's letter but he is out of the district at the US Attorney's conference for the next several days.

I'm having trouble understanding - given how long this case has been pending - what the rush is. This is obviously a very significant case and alex wants to take his time making sure he is comfortable before proceeding.

Sent from my BlackBerry Wireless Handheld

Original Message
From: Villafana, Ann Marie C. (USAFLS) AVillafana@usa.doj.gov
To: Lourie, Andrew (USAFLS) ALourie@usa.doj.gov; Menchel, Matthew (USAFLS)
MMenchel@usa.doj.gov
Sent: Mon May 14 10:38:15 2007
Subject: Operation Leap Year

Good morning: I just received a call that Epstein's plane is flying from the Virgin Islands to Newark now, so it looks like Epstein is going to show up for his court appearance tomorrow. Can you let me know if the indictment is going tomorrow or, if not, whether we are authorized to proceed by Complaint?

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

V

To

A. Salter

Hi Dr. Salter: After a lot of paperwork, my office has finally gotten the procurement for you to serve as a consultant on my case. I understand that the contract was sent to you and I wondered if you had received it.

As I mentioned, the case is not yet indicted, so there is no firm timeline in place. The FBI Agents and I would like to consult with you prior to the final presentation to the grand jury so that we can include some of your information as part of that presentation.

Can you let me know about the contract and also when you might be available for a telephone conference? Perhaps we could do a short one to go over the background of the case and then I could send you some materials that we could discuss during a longer conference.

Thank you for your assistance.

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

V

To

acsalter@annasalter.com

Hi Dr. Salter: After a lot of paperwork, my office has finally gotten the procurement for you to serve as a consultant on my case. I understand that the contract was sent to you and I wondered if you had received it.

As I mentioned, the case is not yet indicted, so there is no firm timeline in place. The FBI Agents and I would like to consult with you prior to the final presentation to the grand jury so that we can include some of your information as part of that presentation.

Can you let me know about the contract and also when you might be available for a telephone conference? Perhaps we could do a short one to go over the background of the case and then I could send you some materials that we could discuss during a longer conference.

Thank you for your assistance.

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

V

To

A. Salter

Hi Dr. Salter: After a lot of paperwork, my office has finally gotten the procurement for you to serve as a consultant on my case. I understand that the contract was sent to you and I wondered if you had received it.

As I mentioned, the case is not yet indicted, so there is no firm timeline in place. The FBI Agents and I would like to consult with you prior to the final presentation to the grand jury so that we can include some of your information as part of that presentation.

Can you let me know about the contract and also when you might be available for a telephone conference? Perhaps we could do a short one to go over the background of the case and then I could send you some materials that we could discuss during a longer conference.

Thank you for your assistance.

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

V

To

A. Salter

Hi Dr. Salter-This really won't be a record-intensive case. How about if we talk on Monday and I can fill you in on what the case involves and where I think you can really help us. I am hoping you can help educate the jury on issues related to the victims and the perpetrator. I do not have any appointments scheduled for Monday, so any time that day will work for me. Just let me know when and what number I should use to call you.

Thank you again.

P.S. I keep trying to send mail to your tds.com e-mail address and it is returned to me as undeliverable.

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

V

To

A. Salter

Hi Dr. Salter-This really won't be a record-intensive case. How about if we talk on Monday and I can fill you in on what the case involves and where I think you can really help us. I am hoping you can help educate the jury on issues related to the victims and the perpetrator. I do not have any appointments scheduled for Monday, so any time that day will work for me. Just let me know when and what number I should use to call you.

Thank you again.

P.S. I keep trying to send mail to your tds.com e-mail address and it is returned to me as undeliverable.

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

A

To

Villafana, Ann Marie C. (USAFLS)

Hi,

I just faxed over a signed contract. However, I'm not sure what kind of consultation you are looking for, but generally if there are a lot of records, it takes more than 6 hours to read and report on them. In any case, I'm happy to set up a phone conference to get started. Is there anything you want to send me first in terms of records, or are there questions that you have that you are hoping I can speak to?

Next week I am gone Tuesday and Wednesday but here the other days. Anna Salter

V

To

A. Salter

How about 9 am central time? I am still confused, however. Are you expecting me to fly to Florida to testify? Anna

From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann. Marie.C.Villafana@usdoj.gov] Sent: Friday, May 18, 2007 2:02 PM To: acsalter@annasalter.com Subject: FW: Possible Retainer for a Federal Criminal Investigation/Prosecution

Hi Dr. Salter-This really won't be a record-intensive case. How about if we talk on Monday and I can fill you in on what the case involves and where I think you can really help us. I am hoping you can help educate the jury on issues related to the victims and the perpetrator. I do not have any appointments scheduled for Monday, so any time that day will work for me. Just let me know when and what number I should use to call you.

Thank you again.

P.S. I keep trying to send mail to your tds.com e-mail address and it is returned to me as undeliverable.

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

V

To

A. Salter

How about 9 am central time? I am still confused, however. Are you expecting me to fly to Florida to testify? Anna

From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann. Marie.C.Villafana@usdoj.gov] Sent: Friday, May 18, 2007 2:02 PM To: acsalter@annasalter.com Subject: FW: Possible Retainer for a Federal Criminal Investigation/Prosecution

Hi Dr. Salter-This really won't be a record-intensive case. How about if we talk on Monday and I can fill you in on what the case involves and where I think you can really help us. I am hoping you can help educate the jury on issues related to the victims and the perpetrator. I do not have any appointments scheduled for Monday, so any time that day will work for me. Just let me know when and what number I should use to call you.

Thank you again.

P.S. I keep trying to send mail to your tds.com e-mail address and it is returned to me as undeliverable.

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

V

To

Lourie, Andrew (USAFLS)

Thanks. ants you and in on the conference call, too, which means that. we can't do the call until August 20th -- after the deadline we have already set. I don't know if I should say something or just wait patiently. What do you think? The agents and I were planning to go to New York on the 20th to track down the assistants and talk to other folks.

V

To

Kuyrkendall, E N. (FBI)

There aren't any attachments. The paper is quoting from part of Tein's motion to stay all of the civil suits. In that motion, Tein said that Epstein could still be subjected to federal prosecution if he violates any of the terms of his state agreement (like not serving his whole time or failing to register, etc., etc.)

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

From: Kuyrkendall, E N. (FBI) Sent: Tuesday, September 23, 2008 2:58 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Re: Yarbrough and Epstein stories

I can't open attachment. What plea violation are they talking about?

From: Villafana, Ann Marie C. (USAFLS) To: Yera, E.J. (USAFLS); Richards, Jason R.; Kuyrkendall, E N. Sent: Tue Sep 23 14:50:56 2008 Subject: Yarbrough and Epstein stories

FYI-

From the Palm Beach Post:

WEST PALM BEACH - A federal judge sentenced Marion Yarbrough to 40 years in prison Friday for sexually abusing a 15-year-old West Palm Beach girl. According to the U.S. Attorney's Office, Yarbrough, of Kentucky, met the girl on a Web-based social site and arranged to have a Greyhound bus ticket wired to her. The girl traveled to Tennessee, and Yarbrough took her by car to Kentucky and repeatedly sexually abused her. U.S. District Court Judge Kenneth A. Marra also ordered Yarbrough to register as a sex offender and to have no unsupervised contact with children. Yarbrough previously had been charged in Kentucky with sexually abusing three other minors.

From Palm Beach Daily News:

Plea deal violation could net federal charges for convicted sex offender Jeffrey Epstein

Click-2-Lister

By MICHELE DARGAN
Daily News Staff Writer

Saturday, September 20, 2008

Convicted sex offender Jeffrey Epstein still faces the possibility of federal criminal charges if he violates any of the terms of his state plea agreement, according to federal court documents.

Although it was widely reported that federal prosecutors had agreed to drop their investigation of Epstein under his plea bargain, the documents show that the U.S. Attorney's Office agreed only to defer prosecution while Epstein completes his sentence.

Under the terms of the federal deferred-prosecution agreement, Epstein will have to comply with court orders and restrictions even up to 90 days after he completes the house arrest that will follow his 18-month jail term.

Epstein, 55, pleaded guilty June 30 to two felony counts: soliciting prostitution and procuring a person under 18 for prostitution. He is serving 18 months in jail to be followed by 12 months house arrest.

In addition to the criminal charges, there are nine federal and six state lawsuits pending against Epstein, all containing similar allegations: that Epstein, through his employees and assistants, brought minor girls to his Palm Beach home at 358 El Brillo Way for erotic massages and sometimes sex.

If Epstein violates any of the conditions of his state plea agreement during his sentence and up to 90 days after, the U.S. Attorney's Office "reserves the right to indict (or unseal an existing indictment against) Mr. Epstein," according to federal court documents filed by Epstein attorney Michael Tein.

Tein filed the documents in support of a motion asking U.S. District Judge Kenneth Marra to stay proceedings in a federal lawsuit by one of Epstein's victims until after Epstein completes all conditions of his sentence plus the three months.

If the lawsuit is not postponed, anything Epstein says in his defense could be used against him in a federal prosecution, Tein argued.

Marra denied the motion.

"The court sees no reason to delay this litigation for the next 33 months," he wrote. "After all, defendant is in control of his own destiny-it is up to him (and him alone) whether the plea agreement reached with the State of Florida is breached. If defendant does not breach the agreement, then he should have no concerns regarding his Fifth Amendment right against self-incrimination."

Under the conditions of his plea agreement, Epstein must register as a sex offender for life. While he is serving the 12 months of house arrest at his Palm Beach home, Epstein must:

Observe a 10 p.m. to 6 a.m. curfew.
Have no unsupervised contact with anyone younger than 18.
Neither view, own nor possess pornographic or sexual materials.

As a convicted sex offender, he will not be allowed to live within 1,000 feet of a school, playground or other place where children gather.

The federal deferred-prosecution agreement, which is tied to his state plea agreement, is under seal, but Tein's motion provided glimpses into the sealed agreement.

Paperwork filed by Tein discloses that "under the agreement, the USAO presently retains the continuing right to indict Mr. Epstein- or to unseal 'any' already-existing federal 'charges' that may already have been handed up by the federal grand jury and sealed should he breach any of its provisions."

The Tein motion also indicates that the U.S. Attorney's agreement with Epstein requires that:

*The grand jury's subpoenas remain outstanding.

The parties must maintain their evidence.
Any existing charges will not be dismissed until after Epstein has "fulfilled all the terms and conditions of the agreement."

The agreement also includes "a promise not to prosecute defendant Sarah Kellen only if Epstein successfully fulfills all the terms and conditions of the state agreement."

Kellen, Epstein's former assistant, was investigated for bringing the girls up to the room in his Palm Beach home where Epstein was waiting and for paying the girls afterward. She has not been charged.

Tein did not return calls on Friday.

Alicia Valle, special counsel to the U.S. Attorney, said via e-mail that the U.S. Attorney's Office had no comment on the agreement.

Hollywood attorney Brad Edwards is representing some of the victims in state and federal court. Marra recently granted Edwards' motion that he and two of his clients be allowed to see the sealed agreement.

Edwards--who is under orders by the judge not to discuss the contents of the agreement - says he intends to file a motion to unseal the agreement to the public.

"The public does have a right to know the terms of the agreement," Edwards said. "These are very unusual circumstances where a prosecutor and a criminal defendant enter into a confidential agreement for the purpose of keeping it from the public."

Miami attorney Jeffrey Herman, who represents six of the "Jane Does" in federal lawsuits, agreed.

"We anticipate trying to get that document unsealed," he said. "I think it's appropriate and should be seen, particularly by the victims, but I also think that the public should see it, too."

From Sun-Sentinel:

Kentucky man to serve 40 years for sexually abusing West Palm Beach girl, 15

Kentucky man to serve 40 years for abusing girl

By Missy Diaz | South Florida Sun-Sentinel

September 23 2008

A Kentucky man will spend 40 years in federal prison followed by a lifetime on supervised release for sexually abusing a 15-year-old West Palm Beach girl he met over the Internet.

U.S. District Judge Kenneth Marra also ordered Marion Yarbrough to register as a sex offender and have no unsupervised contact with children.

Yarbrough, 35, met the teen last year on the mobile social networking site itsmy.com. During a series of online chats, Yarbrough told the girl he was 21. After chatting for several days, he wired the victim a Greyhound bus ticket to Tennessee, where he picked her up and drove her back to Kentucky. For two weeks, Yarbrough repeatedly sexually abused the teen, according to the U.S. Attorney's Office.

Yarbrough had previously been charged in Kentucky with sexually abusing three other minors. At the time of his arrest in this case, he had charges pending for the rape of a 12-year-old Kentucky girl. He is to be returned to Kentucky to face those charges.

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

L

To

Villafana, Ann Marie C. (USAFLS)

Marie,

Edward's motion to unseal is rather odd, since the non-prosecution agreement was never filed under seal in the district court litigation. The reason the document is not public is because the parties entered into a confidentiality provision, not because the U.S. government filed it under seal. The purpose of the protective order was to preserve the confidentiality of the agreement, as the signatory parties envisioned.

Dexter

L

To

Villafana, Ann Marie C. (USAFLS)

Marie,

Here is my first attempt at a response to Edwards' motion to unseal. Please feel free to make any corrections.

Dexter

[x]

victim_opp_Mot
unseal.wpd

V

To

Lee, Dexter (USAFLS)

If not, I will file it today. Thanks.

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

V

To

Kuyrkendall, E N. (FBI)

I-li Nesbitt — Just checking to see if they went out. The lawyers are coming up on Friday to interview some

victims, and I would love to be able to tell them that we know where Molly is and anyone else whom we are missing. Thank you.

A. Marie Villafaña
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777

V

To

Lee, Dexter (USAFLS)

Hi Dexter -- I made some changes, including trying to explain a bit more about how I was not misleading the court or the victims when I sent out the first notification letter. Let me know what you think and I can file it today, if you like. I think the deadline is Thursday.

Thank you!

W

Response to
otn to Unseal.doc

V

To

Acosta, Alex (USAFLS)Sloman, Jeff (USAFLS)Senior, Robert (USAFLS)Atkinson, Karen (USAFLS)

Cc

Lee, Dexter (USAFLS)Garcia, Rolando (USAFLS)

Hi all — Here is the pleading that Dexter and 1 filed today in response to the Jane Does' Motion to Unseal the

Non-Prosecution Agreement. Although the Petitioners' Motion asserts that they would provide notice of the motion to Epstein's attorneys, I think it would be prudent for us to send a copy to Roy and Jay. Please let me know if you agree.

Thank you.

Once Judge Marra decides this motion, I think we should move to dismiss the petition, otherwise Brad Edwards

will try to use the case as a never-ending "wishing well" to keep making more and more outrageous requests of Judge Marra.

DE29_081008_R
p to Motn Unsea

A. Marie VIllafafia
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777

V

To

Acosta, Alex (USAFLS)Sloman, Jeff (USAFLS)Senior, Robert (USAFLS)Lee, Dexter (USAFLS)Atkinson, Karen (USAFLS)Garcia, Rolando (USAFLS)

FYI-

http://www.palmbeachdailynews.com/news/content/news/2008/10/09/epstein1010.html

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

L

To

Villafana, Ann Marie C. (USAFLS)

Marie,

Today I received the attached letter from Brad Edwards, concerning the partially "false" statements made in the declaration accompanying our initial response to the victims' petition. Edwards doesn't seem to know there's a difference between incorrect and false. As far as stipulating, I think we go forward with our initial strategy, the only relevant facts are that Epstein was charged in state court, pled guilty, and is now in jail.

Dexter

[x]

edwards_ltr_100
908.pdf

V

To

Lee, Dexter (USAFLS)

Hi Dexter. I have lost my patience with Mr. Edwards. He clearly is trying to use our litigation to affect the civil suits against Epstein. His letter states that he still wants to work out a resolution of our case but I think that everyone agrees that he has no remedy so I don't know what our incentive is to work with him anymore given his aggressive tactics. I agree with your strategy.

From: Lee, Dexter (USAFLS) To: Villafana, Ann Marie C. (USAFLS) Sent: Tue Oct 14 15:13:34 2008 Subject: Letter from Brad Edwards

Marie,

Today I received the attached letter from Brad Edwards, concerning the partially "false" statements made in the declaration accompanying our initial response to the victims' petition. Edwards doesn't seem to know there's a difference between incorrect and false. As far as stipulating, I think we go forward with our initial strategy, the only relevant facts are that Epstein was charged in state court, pled guilty, and is now in jail.

Dexter
<<edwards_ltr_100908.pdf>>