Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Wednesday, December 19, 2007 12:56 PM To: Acosta, Alex (USAFLS) Cc: Sloman, Jeff (USAFLS); Lectainche, Janice (USAFLS) Subject: Issue raised by Epstein's defense team On Friday, Mr. Epstein's defense team argued for the first time that the state charge contained in the Non- Prosecution Agreement does not apply to the facts of his case. As an ethical matter, the Office does not want a defendant to plead guilty to a crime that he did not commit; however, we are not experts in the interpretation of the Florida Criminal Code, so we look to you for guidance. To assist, I have listed the statute below and summarize the arguments of Mr. Epstein's attorneys. I also have included the factual proffer that Ms. Belohlavek requested so you can determine whether, in your opinion, there is a sufficient factual basis for a plea. Fl. Stat. 796.03 states: "A person who procures for prostitution, or causes to be prostituted, any person who is under the age of 18 years commits a felony of the second degree . .." Fl. Stat. 777.011 states: "Whoever commits any criminal offense against the state, whether felony or misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be committed, and such offense is committed or is attempted to be committed, is a principal in the first degree and may be charged, convicted, and punished as such, whether he or she is or is not actually or constructively present at the commission of such offense." Mr. Epstein's counsel state that Section 796.03 applies only to procuring a minor to engage in a sex act with a third party, n with the defendant himself, relying on Kobel v. State 745 So.2d 979, 982 (Fla. 4'h DCA 1999), and Register State 715 So.2d 274, 278 (Fla. DCA 1998). They also assert that a commercial motive must be shown. Please consider whether the following facts are sufficient to prove a violation pf Section 796.03, w