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Subject: Epstein

Date: Wed, 28 May 2008 15:28:45 +0000

## Importance: Normal

[x]

In response to the possible further delay in the prosecution of Mr. Epstein, we have listed below the reasons why this would have a negative impact on the Government's case:

The statute of limitations issue is the state statute of limitations. According to Detective the statute of limitations is three years from the time of reporting. The statute of limitations will begin to expire in Fall 2008 for five of the 16 victims listed in the indictment. The issue is implicated in two ways. First, because of the state's leniency for the first set of girls, the additional girls have been presented only to us for prosecution. If we cannot go forward, then there will be no prosecution of those crimes. (In response to the argument that Joe should just present them now, we believe that some of the victims are unknown to the defense and disclosing them further weakens our case by allowing them to depose and harass those victims.) Second, our "state resolution" of the case requires Mr. Epstein to plead to something that hasn't been charged yet so further delay will allow him to escape one of the terms of the deal he signed several months ago. (There is also a statute of limitations on the private cause of action under 2255 pursuant to which he must pay damages to the girls. The delay will allow him to escape responsibility for that term, too.)

Other reasons:

The victims are getting older. Clearly one of Mr. Epstein's arguments will be that he did not know they were minors. The older they are when they testify the more plausible Epstein's argument becomes.

Several of the victims have relocated to other areas of the country which may become difficult should the case proceed to trial.

The girls deserve swift justice so they can move on with their lives. The continued delay has had profound effects upon many of their lives is just one example).

The delay so far has led many of the victims to reach out to private lawyers which, in turn, let's Mr. Epstein's counsel argue that they are only in it for money.

The grand jury we are using will expire soon. We have already presented more than a dozen hours of testimony and the grand jury is invested and wants to indict.

Why give him more time? He has already been afforded more than a year's delay. This is not a white collar or other nonviolent crime. This is a child exploitation crime with more than 20 known child victims. We are mandated by statute and DOJ policy to prosecute those cases vigorously and in a timely fashion - whether the children were prostitutes or unwilling victims.

[ ] the state trial for Mr. Epstein is set for early July 2008. I'm unsure of the legal issues that may arise from the
state prosecution and the effect they may have on the federal prosecution. Thank you for the updates and please let us know
if we can be of further assistance.

EFTA00013552