EFTA02634297.pdf

From: Sent: Sunday, February 24, 2019 5:00 AM To: [email protected] Subject: Re: I quickly just read his 2/2=/19 decision. Interestingly, in both 2013 and now in 2019 he cites t= no authority (other than his own 2013 decision) for the idea that victims=have the right to seek the setting aside or recission of NPA. He has=found not one single other case anywhere for that holding and he doesn't e=en attempt to reconcile it with (d)(5) or with all the cases saying 3771 c=nfers no veto power. I see he also says equitable defenses (here, e.g., fully executed and =atisfied, etc.) are to be decided only after a full evidentiary hearing. -riginal Message From: J <[email protected]> To: David Schoen Sent: Sat, Feb 23, 2019 11:32 pm Subject: Re: no as there was no federal plea or sentence just an npa an= a state sentence. weird. . does sabatino apply on=y to pleas or any agreement on resolution of criminal cases. ie npa = On Sat, Feb 23, 2019 at =1:25 PM < wrote: I really need to see marra's decision=to inform any thoughts I have; but notwithstanding that, 3771(d)(5) ought =o give some comfort. I will send some cases with some random thought=. ---=-Original Message From: J <[email protected] <mailto:jeevacation@gmail.=om» To: David Schoen > Sent: Sat, Feb 23, 2019 11:06 pm Subject: Re: no i pled in state court. thats why there is such a =ess. no fed sentence . just an npa as long as i pled reg=stered as a sex offender an hired lawyers for the girls to sue me. &n=sp; yes true On Sat, Feb 23, 2019 at 11:02 PM wrote:<=r clear="none"> When was your indictment, when was the underlying conduct, when was the =eal made? EFTA_R1_01858998 EFTA02634297  Was Marra the judge who took your plea? If so, there is a questi=n whether he should sit on the cvra, since the Act puts the obligation on =he judge taking the deal to make sure all cvra requirements have been met.=br clear="none"> ---=-Original Message From: J <[email protected] <mailto:jeevacation@gmail.=om» To: David Schoen <[email protected] <mailto:dschoen593@=ol.com» Sent: Sat, Feb 23, 2019 10:28 pm Subject: Re: yes , i thought so. still unsure , readi=g cvra legislative history. says sente=ce can only be changed if three conditions are met. mada=us within 3 days. and defendant did not plead to highest charg=. I cant understand how marra thinks he can vitiate a =hird party contract based on not conferring. weird. On Sat, Feb 23, 20=9 at 10:23 PM < > Sent: Sat, Feb 23, 2019 9:30 pm Subject: Re: What type of exposure On Sat, Feb 23, 2019 at 9:22 PM ‹ > w=ote: One no brainer for starters (if not already done), is that lefkowit= and every other lawyer involved in your deal ought to understand in no un=ertain terms that if you end up, G-d forbid, having a problem from this, t=ey face major exposure. Lefkowitz's emails to the prosecutor seem ab=olutely moronic. Have you been in touch with all of them? = ---=-Original Message From: J <[email protected] <mailto:jeevacation@gmail.=om» To: DAVID SCHOEN < > Sent: Sat, Feb 23, 2019 8:47 pm Subject: Re: feeling was not to encourage marra to do what he did witho=t any encouragment . yes i am also a worst case proponent.&n=sp; i dont think i can win the pr battle and must concentrate on an= possible legal consequence. On Sat, Feb 23, 201= at 8:40 PM DAVID SCHOEN > wrote: 2 EFTA_R1_01858999 EFTA02634298  On the one hand it is absurd. On the other hand it is potentiall= a very serious situation. I would need to do some research to know =ust how serious the consequences realistically might be. I have read in the paper that one possible remedy plaintiffs intend to=seek is the nullification of the "illegal" agreement and t=e prosecution of a number of cases against you. There would seem to =e a whole host of impediments to any such radical and outrageous course of=action like that both of a legal and equitable nature. However, I am=a worst case scenario person ALWAYS and do not think a criminal defense la=yer every should be anything but that. Perhaps you have done the research already or have counsel who has and=feel you have a sense of exactly what the worst case scenario is. I =on't know; but I also would not take anyone else's word fo= it. The potential consequences are of course the most important thing inso=ar as any consequence directly affects you (action against Acosta etc. not=really your problem). But the separate and related issue is what if =nything to do about the fact that the complete story you have described in=the prospective op-Ed drafts you have sent to me has never come out - nor =as anything that in any way challenges the popular rendition and character=zation of you as predator, monster, etc. And as you correctly anticipated some time ago, that is a =eal problem and has perhaps been part of what has led to this snowballing =ith no pushback of any kind (notwithstanding all the hot shot lawyers you =ad by your side all through the deal and after - where are they now?). Without seeing the papers in the case now before judge Marra I don4k=804,t feel like I can give any meaningful advice on either the legal or p= front. But I do know that you need some good advice now and moving =orward. David Sent from my iPhone On Feb 23, 2019, at 3:31 PM, J <jeevacation=gmail.com cmailto:[email protected]» wrote: Any ideas ? Putrid press amazing how many lawyers argue for a 12=year old pkea deal be rescinded though the defendant fulfilled all his obl=gations please note The information contained in this communication is c=nfidential, may be attorney-client privileged, may const=tute inside information, and is intended only for the us= of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this co=munication or any part thereof is strictly prohibited an= may be unlawful. If you have received this communicatio= in error, please notify us immediately by 3 EFTA_R1_01859000 EFTA02634299  return e-mail=or by e-mail to [email protected] <mailto:jeevacation@g=ail.com> , and destroy this com=unication and all copies thereof, including all attachme=ts. copyright -all rights reserved please note The information contained in this communication is c=nfidential, may be attorney-client privileged, may const=tute inside information, and is intended only for the us= of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this co=munication or any part thereof is strictly prohibited an= may be unlawful. If you have received this communicatio= in error, please notify us immediately by return e-mail=or by e-mail to [email protected] <mailto:jeevacation@g=ail.com> , and destroy this com=unication and all copies thereof, including all attachme=ts. copyright -all rights reserved please note The information contained in this communication is c=nfidential, may be attorney-client privileged, may const=tute inside information, and is intended only for the us= of the addressee. It is the property of JEE Unauthorized use, disclosure or copying of this co=munication or any part thereof is strictly prohibited an= may be unlawful. If you have received this communicatio= in error, please notify us immediately by return e-mail=or by e-mail to [email protected] <mailto:jeevacation@g=ail.com> , and destroy this com=unication and all copies thereof, including all attachme=ts. copyright -all rights reserved 4 EFTA_R1_01859001 EFTA02634300