EFTA02612057.pdf

From: Kathy Ruemmler Sent: Sunday, December 16, 2018 5:05 PM To: Subject: Fwd: My edited version Begin forwarded message: From: =/b>Kathy Ruemmler Subject: =/b>My edited =ersion Date: =/b>December 16, 2018 at 11:49:57 =M EST To: =/b>1 <[email protected]> "Sweetheart deal! = So goes the attack on the resolution of a long-ago federal =nvestigation involving our former client -- and now-friend -- Jeffrey =pstein. The attack is profoundly misplaced, supported neither by =he law or the facts, nor by the structure of our constitutional =epublic. To the contrary, Jeffrey was subjected to an aggressive =ederal intrusion into what would typically be considered a =uintessentially local criminal matter in south Florida. His =ffense — at its core, sexual favors for =ire — has long been treated as a matter entrusted to =aws of the several States, not the federal government. His =onduct — while clearly unlawful and for which he has =ccepted full responsibility — was a classic state =ffense and was being treated exactly that way by able, honest =rosecutors in Palm Beach County. Nevertheless, far from =oing "soft" on the matter and without =nvitation from the state, the federal government intervened. =nbsp;lronically, now many for their own opportunistic reasons are =riticizing the federal decision-makers at the time, including =ow-Secretary of Labor Alex Acosta (then the United States Attorney in =outh Florida), for not going far enough. The critics are wrong on the =acts and the law. Here are the true key facts: Jeffrey =pstein, a successful self-made businessman with no prior criminal =istory whatsoever, engaged in illegal conduct that amounts to =olicitation of prostitution. His conduct was wrong and a =iolation of Florida state law. Although no coercion, violence, =lcohol, drugs or the like were involved, some of the women he paid were =nder the age of 18. Those facts were carefully assessed by experienced state =rosecutors who aggressively enforce state criminal laws. No one =urned a blind eye to potential offenses to the public order. To =he contrary, the Palm Beach State Attorney's Office conducted an =xtensive 15-month investigation, led by the chief of the Sex Crimes =ivision. Mr. Epstein was then indicted by a state grand jury on a =ingle felony count of solicitation of prostitution. =nbsp; During=that intense investigation, the state prosecutors extensively gathered =nd analyzed the =vidence, met face-to-face with many of the asserted victims, considered =heir credibility -- or lack thereof -- and considered the extent of =xculpatory evidence. After months of negotiations, the state =rosecutors believed they EFTA_R1_01807928 EFTA02612057 had reached a reasoned resolution of the =atter that vindicated the public interest -- a resolution entirely =onsistent with that of cases involving other similarly-situated =efendants. The system worked as it should. =nbsp; Then, =n came the feds. The United States Attorney's Office extensively =nd aggressively investigated whether Mr. Epstein had engaged in a =ommercial human trafficking ring, targeting minors. But that'= not what this was, and the federal authorities ultimately =cknowledged that, deferring prosecution to the state. But not =ithout conditions. The federal prosecutors insisted on many =northodox requirements that Mr. Epstein's experienced defense =eam had never seen imposed on any defendant anywhere. =nbsp;Under the =ederally- forced deal, Jeffrey was required to request that the =tate prosecutors demand the imposition of a jail sentence and =ifetime sex-offender registration, which would not have otherwise been =equired under the previously agreed-upon state disposition of this =rostitution charge. Jeffrey accepted =ull responsibility for his conduct, complied with the fedsQ=99 demands, served his sentence, and in the process was treated exactly =he same as other state-incarcerated individuals. His conduct =hile in custody was exemplary, and so characterized by the state =ustodial authorities. Our friend Jeffrey Epstein has paid his debt to =ociety. He has also paid out millions of dollars to the asserted =ictims and their lawyers. For over ten years, he has lived a good =nd law-abiding life, including carrying on his wide-ranging =hilanthropies. Those of us who represented him in the Florida =roceedings -- for customary professional fees -- now count him as a =rusted friend. Our nation faces vitally important challenges, many involving =he treatment of women and basic human dignity. Voices are rightly =eing raised speaking truth to power, especially about women in the =orkplace. But Jeffrey, an exemplary employer, has long since been =ailed to account by the criminal justice system for his misdeeds of =esteryear. In the spirit of the bedrock American belief in second =hances, that unhappy chapter in Jeffrey's otherwise-magnificent life =hould be allowed to close once and for all. =nbsp; 2 EFTA_R1_01807929 EFTA02612058