Page 1 of 1 Match 20, 2011 To whom it may cencetu: I served u s U.S. Attaney for the Southern District of Florida from 2005 through 2009. Over S past weeks. L have read much toga:ding Mr. balmy Epsteto. Some appears Imo. some appears distorts. I :bought it appropriate to preside tome background, with two c.aseaus: (i) tirAer Justice Department guidelines, I comet discos; privileged intone communications among Department attorneys and (ii) I no longs have access to the original documents, and as the mama is now nearly 4 years old, the ptaision of memory is reduced. Thu Epstein matter was originally presented b the Palm Bath County Mate Attornoy. him :Reach Police alined that Epatein molawfully hired underage high-school females ic provide him sexually lewd and erotic massages. Police sought felony charge that would have resulted in a term of in iptisoretteur Aceorchng so press reports, however. in 2006 the State Attorney, in pit due to cancans regarding the quality of tbe evidence, agreed to charge Epstein only with one count of aggravated assault with no Sat to cameo felony. That chase would have resulted ifs no jail twee, no requirement to master as a sexual offender and no restitution for the underage at al police were dissatisfied with the State Attorney's coughcsions, and rrquested a federal invest/peon Federal authorities received dm State's evidence and engaged io additional investigalioo. Prosecutors weighed Sc quality of the evithmee and the litahhood for success at teal. With a federal case, thew were two additional considaations. First, a federal criminal prosecution requires that the crime be moot than loyal; it most have an interstate nexus. Second, as 'be new was initially charged by the state. the federal responsibility is. to ante extent, to Lees-stop stoic autinu Mr.; to ensure that those is nu ntisootetage of junige, and not to alias prosecute federally that which has already been charged at die state level. After considering