EFTA00013666.pdf

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Source set: data-set-8

Extracted text

U.S. Department of Justice
United States Attorney
Southern District of Florida
VIA FACSIMILE
Michael R. Tein, Esq.
Lewis Tein, P.L.
3059 Grand Avenue. Suite 340
Coconut Grove, FL 33133
Re:
Jeffrey Epstein
Dear Mr. Tein:
500 South Australian Ave.. Suite 400
West Palm Beach. FL 33401
(5611820-8711
Facsimile: (5611 820-8777
July 17, 2008
The Office has reviewed your "Notice of Continued Pendency of Federal Criminal
Action," and we feel that it misrepresents the posture of the federal investigation. For
example, you cite to In re Grand Jury, No. FGJ 07-103 (WPB), as evidence that the federal
criminal action remains pending. That is a citation to Mr. Epstein's Motion to Quash a
subpoena for computer equipment removed from Mr. Epstein's home after he and his
attorneys were aware of the existence of the state investigation. Pursuant to the Non-
Prosecution Agreement, that motion was supposed to have been withdrawn several months
ago, and, therefore, is not "pending" in our estimation.
The Non-Prosecution Agreement calls for deferment of federal prosecution "in favor
of prosecution by the State of Florida, provided that Epstein abides by the [enumerated]
conditions and the requirements of th[e] Agreement ..." (Non-Prosecution Agreement, p.
2 (emphasis added).) One of those conditions is Epstein's agreement that the subject Jane
Does, while minors, were victims of a violation of an offense enumerated in Title 18, United
States Code Section 2255, and that they "will have the same rights to proceed under Section
2255 as [they] would have had if Mr. Epstein had been tried and convicted of an enumerated
offense." (United States Attorney's December 19, 2007 letter to Lilly Ann Sanchez.)
If, in fact, your position is that the federal criminal action is still pending such that the
Court must stay the civil proceedings. then the Office proposes that we seek the prompt
resolution of the Motion to Quash, so that the computer equipment can be analyzed a…

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