EFTA00013801.pdf

Type: pdf
Source set: data-set-8

Extracted text

KIRKLAND & ELLIS LLP
Response to Letter by FAUSA MI
Dated May 19, 2008
In al
2008 letter to Jay Lefkowitz (See Tab 1), SDFL First Assistant U.S.
rn
Attoey
MI
provided what purported to be a summ
of the events that have
occurred during the investigation of Mr. Epstein.
Mr.
letter is fraught with
inconsistencies, false and misleading characterizations and outright falsehoods. The comparison
below between the false assertions in Mr.
letter and what actually transpired is only the
tip of the iceberg. We respectfully submit that Mr.
letter alone demonstrates the
degree to which the record of facts have been distorted and these distortions have permeated this
unprecedented investigation.
1.
"INDEPENDENT" AND "DE NOVO" REVIEW.
Mr.
Letter:
•
"[W]e obliged your request for an independent de novo review of the investigation and
facilitated such review at the highest levels of the Department of Justice. " Tab 1, May
19, 2008 Letter from'.
P. 5, 1 3.
The Truth:
•
CEOS' review, concluded in May 2008, was neither independent nor de novo.
o CEOS' review was not "independent:"
•
who conducted the review on behalf of CEOS, had
already reviewed the prosecution memo on this matter eight months
earlier. During a meeting with defense counsel at the United States
Attorney's Office in Miami (the "USAO") in September of 2007, he
opined that he so believed in the prosecution that he "would try the case
myself"
• Indeed, Mr.
acknowledges that Mr.
opined on this matter, stating:
had previously
This particular attack on this statute [18 U.S.C. § 2242(b)]
had been previously raised and thoroughly considered and
rejected by . . . CEOS prior to the execution of the
[Deferred Prosecution] Agreement [in September 2007].
Id., p. 5 (emphasis added).
• The statute Mr.
referred to (§ 2422(b) lies at the heart of the
Epstein investigation. Thus, according to Mr.
, Mr.
was tasked with reviewing his own prior decision regarding applying the
key statute …

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