EFTA00207863.pdf

From: Paul Cassell To: Crad Edwards Cc: Subject: RE: Next Friday? a tad wanner ... Date: Fri, 03 Dec 2010 00:01:49 +0000 Importance: Normal Thanks I'm sure it will be tad warmer there than it is here! Looking forward to meeting you and Marie and others in person. Paul Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law Quinney College of Law at the University of Utah 332 South 1400 East, Room 101 Salt Lake City, UT 84112-0730 Voic Fax: Email: http:/ www.law.utan.ecluiprofiles/default.asp?PersonID=S7&name.Cassell Paul CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. From Sent: Thursday, December 02, 2010 4:43 PM To: Paul Cassell. Brad Edwards Cc: Subject: RE: Next Friday? Paul, The meeting is confirmed. We will see you, Brad, CW, and your other clients, if they wish to attend, on Friday, December 10, at 9:00 a.m. Our office is located at 99 N.E. 4th Street, Miami, Florida. We will be meeting on the 8th Floor. If you need any additional information, please let me know. From: Paul Cassell Sent: Thursday, December 02, 2010 1:51 PM To: Cc: Subject: RE:Next Friday? He Are we on for next Friday morning? I'm wondering if I should buy a plane ticket. Thanks! Paul EFTA00207863 Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at the University of Utah 332 South 1400 East, Room 101 Salt Lake City, UT 84112-0730 Void Fax Email http://www.law.utah.edu/profilesidefault.asp?PersonID=57&name=Cassell Paul CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. From: Sent: Wednesday, December 01, 2010 9:30 AM To: Paul Cassell• Brad Edwards Cc: SubMirMir9r,.Mt of Facts - go back one half hour to 3:30? Paul, Brad asked us to move it to 3:30 p.m. and it's fine with us. From: Paul Cassell [mailto:[email protected]] Sent: Wednesday, December 01, 2010 11:28 AM To: Lee, Dexter (USAFLS); Brad Edwards Cc: Villafana, Ann Marie C. (USAFLS) Subject: RE: Revised Joint Statement of Facts - go back one half hour to 3:30? Hi all, I'm sorry, but I wonder if we can bump the meeting back to 3:30 Florida time. I've just learned of a faculty meeting at lunch hour here. I can duck out early if we need the 3:00 time, but would prefer 3:30. Thanksl Paul Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at the University of Utah 332 South 1400 East, Room 101 Salt Lake City, UT 84112-0730 Voic Fax: Email http://www.law.utah.edu/profilesidefault.asp?PersonlD=57&name=Cassell Paul CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. From Sent: u y, v r , : EFTA00207864 To: Cc: Subject: RE: Revised Joint Statement of Facts - 3 PM Weds? Paul, Wednesday at 3:00 p.m. is fine for me. I am at Marie's number is I can probably dial in=Wrom my end. From: Paul Cassell [m Sent: Tuesday, November 30, 2010 6:08 PM To rad Edwards Cc: Subject: RE: Revised Joint Statement of Facts - 3 PM Weds? Sorry it has taken me a day to get back to you. Does 3 PM (Florida time) on Wednesday, Dec. 1, work for y'all for a conference call? What number should we call? Paul Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law S.J. Quinney College of Law at the University of Utah 332 South 1400 East, Room 101 Salt Lake City, UT 84112-0730 Voice: Fax: 801-581-6897 Email: http://www.law.utah.edu/profilesidefault.asp?PersonID=57&name=Cassell Paul CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. From: Lee, Dexter (USAFLS) [mailto:[email protected]] Sent: Monday, November 22, 2010 9:24 AM To: Paul Cassell; Brad Edwards Cc: Villafana, Ann Marie C. (USAFLS) Subject: Revised Joint Statement of Facts Paul and Brad, Attached please find a revised Joint Statement of Facts, which indicates what the government agrees is factually correct and relevant to the resolution of this case. I switched the first two paragraphs, to indicate that the FBI was investigating Epstein for various offenses. We deleted the reference to Epstein "committing" the offenses because he was neither convicted or charged, with any violation of federal law. Even when the DOJ publicly announces an indictment being returned, we note that the accused enjoys the presumption of innocence. We are also checking the hearing transcript to determine whether what you claim was said by the government is accurate. EFTA00207865 There are a number of inaccuracies in your November 21, 2010 e-mail that I need to address. You claim that "more than two years since we proposed a set of facts to you ... all without any answers." Paragraph 1. This is not correct. After Brad provided the proposed statement of facts on July 17 and 21, 2008, I sent him a letter on July 25, 2008, explaining that the government believed 18 U.S.C. 3771(a)(5) was not triggered until an offense was charged in United States District Court. We also stated that, in the government's view, the relevant facts were: (1) there are no charges in district court filed against Jeffrey Epstein; and (2) Epstein entered pleas of guilty in Florida State Court on June 30, 2008, was sentenced, and is now imprisoned in Palm Beach County. On July 29, 2008, the government filed a Notice to Court Regarding Absence of Need for Evidentiary Hearing, explaining the government's position that only two relevant facts were necessary to decide whether the government had any obligation under 18 U.S.C. 3771(a)(5). I think this constitutes an answer to the proposed statement of facts offered by the petitioners in July 2008. You claim that most of your proposed facts are based upon e-mails written by the U.S. Attorney's Office e- mails. Rather than include dueling reasonable interpretations in a Statement of Facts, perhaps you can show us the e-mails and we can agree that they are authentic. Each party can argue what is a reasonable interpretation/inference in their respective legal memoranda. The government was prepared to meet with you as early as November 16, 2010, after Marie returned from her annual leave on November 13, and I returned from Columbia, South Carolina, on November 12. However, you wanted to have an agreed statement of facts before having a meeting with the Executive Division, so the meeting was postponed. Your e-mail states that you and Brad are available between December 9 and 17. I will schedule a meeting here in Miami during that period. Thank you. <<victim_Proposed Joint Statement of Facts.docx>> EFTA00207866