Case File
efta-efta00732316DOJ Data Set 9OtherFrom: "Martin Weinberg"
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Unknown
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DOJ Data Set 9
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efta-efta00732316
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From: "Martin Weinberg"
To: "Jeffery Edwards" <[email protected] -
Cc: '
„ti
-
-
Subject: Fw: SORNA Letter
Date: Fri, 01 Oct 2010 19:09:46 +0000
Hopefully, with several minor edits. you will be receiving Stephanie's opinion letter today
Original Message
From: Martin Weinberg
To: Ste hanie Thacker • Darren Indyke
Cc:
Sent: Friday, October 01, 2010 2:19 PM
Subject: Re: SORNA Letter
1. I would now omit fn 1
2. I would consider, at the very end of your conclusory bulletpoints on pg 10 of the attached letter,
adding language from your transmittal email:
"in my view federal SORNA obligations as to individuals who are classified as sex offenders are limited to the
act of registering and updating registration. Knowing failures to conform to those federal obligations can alone
put a citizen at risk of federal prosecution. However, all other sex offender registration issues are subject to state
law. In particular, the requirements for individual state registration, and maintaining such registration, are within
the purview of the individual state registration schemes"
3. Note I have eliminated the "especially" believing it creates an unnecessary question regarding which law to
follow as to states that have conformed eg Florida if there remain differences
4. I would also consider adding a final sentence "Further, issues including those relating to the manner of
providing notice of travel are matters exclusively governed by the laws of the respective states in which you have
registererd"
From: Stephanie Thacker
To: Darren Indyke
Cc: Martin Weinberg
Sent: Friday, October 01, 2010 1:10 PM
Subject: SORNA Letter
Attached for your consideration is a draft of my analysis of the interplay between SORNA registration
requirements and what is required to maintain registration with relevant state sex offender
registries-specifically, the Virgin islands.
For the record, please disregard my September 24, 2010 letter in this regard inasmuch as it was based on a
misapprehension of certain key facts.
As detailed in the attached, in my view federal SORNA obligations as to individuals who are classified as sex
offenders are limited to the act of registering and updating registration. Knowing failures to conform to those
EFTA00732316
federal obligations can alone put a citizen at risk of federal prosecution. However, all other sex offender
registration issues are subject to state law. In particular, the requirements for individual state registration, and
maintaining such registration, are within the purview of the individual state registration schemes-especially
when such states have not implemented SORNA.
Please let me know if you have questions.
Stephanie D. Thacker
Allen Guthrie & Thomas. PLLC
500 Lee Street East
Suite 800
Charleston, West Virginia 25301
(direct)
(fax)
EFTA00732317
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