EFTA00233177.pdf

Data Demonstratives Kirkland & Ellis LLP Attorney Work Product Privileged and Confidential EFTA00233177 ear MI Owl MN 2=3 lorl r w bid w bid ma ewe me ow uNt ime Pushing the Federal Boundaries • We are not aware of any similar prosecution under any federal statute. - 18 prosecutions under 18 U.S.C. § 1591. - 170 prosecutions under 18 U.S.C. § 2422(b). - 170 prosecutions under 18 U.S.C. § 2423(b). — None of the 358 prosecutions is like this case. • Federal prosecution on these facts would be unprecedented. EFTA00233178 inii 1.4 W 1.9k 6i, 61 Lil Li L.L L—L 1.1, LI 1-1 Ll LI LI LI Li LI Sex Crimes Unit: Prosecutions • Palm Beach County's Sex Crimes Unit actively pursues sex crimes, including those involving minors. • Over the last 20 months, it has prosecuted more than 150 cases: — 27 cases of solicitation/sexual activity with a child; — 77 cases of lewd or lascivious battery; — 10 cases of lewd or lascivious battery with a child; and — 46 cases of sexual battery with a child. EFTA00233179  Sex Crimes Unit: Sentences • When the Sex Crimes Unit deems conduct to be serious in nature, it pursues harsh sentences. • Of its 150 prosecutions in the last 20 months: 11 resulted in sentences of 10 years or more for charges involving sexual activity with a child; — 11 resulted in sentences of 5 years or more for charges involving lewd or lascivious battery with a child; 6 resulted in sentences of 5 years or more for charges involving sexual battery (victim over 12); and — 1 resulted in a sentence of 10 years for charges involving unlawful sexual activity with a minor. EFTA00233180 IN•211M MEM i02. ens arm me ono Ira ONO imill ini Imi iiih bail imi imi bob This Office's Prosecutions in 2007 • All 12 sex crime prosecutions by this Office in 2007 are distinguishable. 4 involve the creation, distribution or possession of child pornography (perhaps including sexual abuse). 2 involve sex trafficking of a minor where minors were forced into prostitution. — 2 involve classic Internet predators who used the Internet to entice minors. - 2 involve sex tourism where the defendants traveled to foreign countries to engage in sex with minors. - 2 involve violations of the Adam Walsh Act where defendants failed to register as convicted sex offenders. EFTA00233181  Section 1591: Precedent • All 18 prosecutions under § 1591 are distinguishable. - 11 involved prostitution rings where defendant was profiting from the enterprise. — 5 involved international sex trafficking. 2 involved rape or physical abuse and intimidation. • No § 1591 prosecution is similar to this case. EFTA00233182  ms. — as sma Noe MO boil iiii iiiii hi 1■i Trafficking Cases Generally • Of 555 federal trafficking cases between 2001 and 2005: — 63 involved peonage/involuntary servitude; — 155 involved sale into involuntary servitude; — 16 involved transportation into slavery; — 134 involved forced labor; — 49 involved trafficking slaves; and — 129 involved sex trafficking of children. • No trafficking case is similar to this one. EFTA00233183  Section 2422(b): Precedent • All 170 prosecutions under § 2422(b) are distinguishable. - 160 involved the Internet. — 3 involved pimps of prostitution rings and did not specify the relevant interstate facility. — 7 involved the telephone, but of those: • 4 involved foreign travel and sex tourism; • 2 involved pimps and drugs or violence; and • 1 involved inducement where defendant made phone call and knew victim was underage. • No § 2422(b) prosecution is similar to this case. EFTA00233184  Section 2423(b): Precedent • All 170 prosecutions under § 2423(b) are distinguishable. - 138 involved defendants who traveled for the specific purpose of unlawful sex, i.e., classic sex tourism. - 31 involved defendants who traveled with the victims across state lines. - 1 involved defendant who traveled internationally, molested Thai children, and videotaped/photographed. • No § 2423(b) prosecution is similar to this case. EFTA00233185 we w Oaf *al aml dal Oh EMI *I old if dmi Section 1591: Boehm • Defendant purchased and distributed large quantities of crack cocaine and cocaine manufactured outside of Alaska; • Defendant used several locations, including hotels frequented by interstate travelers, to purchase drugs and distribute them to underage girls; • Defendant supplied drugs to underage girls; • Defendant arranged for the girls to have sex with members of the enterprise in exchange for drugs; • Defendant was in possession of illegal firearms; and • Defendant knew that the girls were underage. EFTA00233186 w. mg all our mod at iii.r _ lid at ow ad via doll *I if if ill it Section 1591: Evans • Defendant operated a child prostitution ring for commercial gain. • Defendant's use of the telephone was a critical part of the enterprise. — He supplied the women with cell phones. - He contacted the women using the phones. - He distributed their phone numbers to clients. • Defendant used several locations for his enterprise, including hotels frequented by interstate travelers. • Defendant was aware that one of the women had contracted AIDS and induced her over the phone to keep workin . EFTA00233187