EFTA01659971

From: To: Cc: Subject: Operation Leap Year Date: Tue, 29 Jan 2008 21:53:23 +0000 Importance: Normal Hi — I am just writing to find out the status of the meeting with Epstein's counsel and to see if there is anything I can do to help move the process along. There are several reasons why a prompt answer is needed. First, and I will be meeting with 7 victims this week and I know that they will be concerned about the status of the case. The victims are moving away to college, graduatin from college, etc. In addition to being more difficult to find, they are, quite simply, getting older. As eloquently put it, "we need to do the trial before the girls start menopause." Second, I just received the duty roster, and Judge Marra has been set as the duty judge for February. Judge Marra originally prepared for the hearing on Epstein's motion to quash the subpoena for the computer equipment that was removed from his home in anticipation of the execution of a search warrant. We rescheduled the hearing several times for plea negotiations and, as part of the signed agreement, Epstein was supposed to withdraw the motion to quash, but never did. Getting it set up again before Judge Marra would be easy and advantageous to us. Third, we are getting into a "Catch-22" situation with the local FBI office. There are some very expensive things that we would like them to do in advance of the indictment (namely, interview victims in Australia and New York), but, given everyone's tight budgets, management doesn't want to spend that kind of money unless they know that we will indict. You can see the circular reasoning here. The FBI is still very anxious to proceed with this case, and I wondered whether having an FBI presence at the meeting with the defense would be helpful (the SAC here attended the last big meeting with defense counsel). Lastly, the delay is becoming unbearable for the investigators and for me. and I first met with the defense attorneys almost a year ago (on February 1st and 20th). The indictment package was presented to Miami on May 1st. The non-prosecution agreement was signed on September 24, 2007. Epstein was supposed to begin serving his state sentence not later than January 4th of this year. I am concerned that Epstein will work out some slap on the wrist deal with the State (even weaker than the deal they already worked out), and Epstein will enter a guilty plea so he really can claim that there is a Petite policy violation (even though the State's charges relate only to 3 girls, not all of the girls that are part of our case). I would appreciate any guidance that you can give. If there is any information that I can provide, I am more than willing to put together whatever you or might need. Thank you so much. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 EFTA01659971 EFTA01659972