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sexual trafficking. The statute has never been applied to a “John,” and only a highly and
impermissibly selective prosecution could stretch § 1591 to reach conduct like that at issue in
this case.
In short, without “novel” interpretive expansions—a description used by CEOS itself—it
cannot be shown that Mr. Epstein violated any of the three federal statutes identified by
prosecutors. As the Supreme Court’s recent decisions in Santos and Cuellar make clear, federal
law may not be stretched in that manner, and the current federal investigation relies, as its
foundation, on impermissibly elastic stretches of each statute beyond any reported precedent;
beyond the essential elements of each statute; well outside the ordinary construction of each
statute’s limitations; and on a selective, extraordinary, and unwarranted expansion of federal law
to cover conduct that has always been exclusively within the core of state powers.
At this point in time, the need for Departmental oversight is critical. We appreciate this
opportunity to submit our assessment of the key facts in this case and review of the pertinent
federal statutes, and respectfully request that the Office of the Deputy Attorney General end
federal involvement in this matter so that the State of Florida may resolve this case appropriately.
Summary of the Facts
Mr. Epstein has maintained a home in Palm Beach, Florida for the past 20 years. While
there, he routinely conducted business, received medical attention, socialized with friends, and
helped care for his elderly mother. Mr. Epstein also had various women visit his home to
perform massages. He did not personally schedule the massage appointments or communicate
with the women over the phone or the Internet. Rather, Mr. Epstein’s personal assistants
scheduled many types of appointments, personal trainers, chiropractors, business meetings and
massages. The phone message pad taken from his house and in the possession of the
government confirmed that in many cases, the women themselves contacted Mr. Epstein’s
assistants to inquire about his availability—trather than vice versa.
The majority of the massages were just that and nothing else. Mr. Epstein often would be
on the telephone conducting business while he received his massage. At times, the masseuses
would be topless, and some sexual activity might occur—primarily self-masturbation on the part
of Mr. Epstein. On other occasions, no sexual activity would occur at all. There was no pattern
or practice regarding which masseuse would be scheduled on a particular day—if one would be
scheduled at all—or whether any sexual activity might occur. Indeed, Mr. Epstein almost never
knew which masseuse his assistants had scheduled until she arrived. See Tab 3, To
Records.
Mr. Epstein specifically requested that each masseuse be at least 18 years old. The vast
majority of the masseuses were in fact in their twenties, many accompanied to Mr. Epstein’s
home by friends or even other family members. Furthermore, most of the women who have
testified that they were actually under 18 have specifically admitted to systematically lying to
Mr. Epstein about their age. See Tab 4 UMMM Tr. at 38-39; Tab 5, Tr. at 16; Tab 6, ©
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