Page 1 of 1 Minch 20, 2011 To whom it may concern: I ierved a s U.S. Attaney for the Southern District of Florida from 2005 through 2009. Over S past weeks. L have mud much regrading Mr. /Minty Epsteto. Some appears true. some apneas distorted. I thought it appropriate to provide tome background, with two e.tnearn: (ft under Justice Department guidelines, I cannot discos; privileged kernel communications among Department attorneys and (ii) I no longs have access to the original documents, and as the mane is now nearly 4 years old, the peaSsion of memory is reduced. Thu Epstein matter was originally presented b the Palm Bath County State Attorney. Um Beach Police alined that Epatein unlawfullybared underage high-school females or provide him sexually lewd and erotic massages. Police sought felony dime that would have resulted in a term of in iptisotetteur. Aecorrbog so press reports, however. in 2006 the Slate Attorney, in pit due azi cancans regarding the quality of the evidence, agreed to charge Epstein only with one corm of warovated assault with no Mina to eattuni I a felony. That charge would have melted in no jail twee, no requirement to master as a sexual offender and no restitution for the underage Lot al police were dissatisfied with the State Attorney's erwehesions, and requested a federal invest:canoe. Federal authorities received dm State's evidence and engaged io additional investigation. Prosecutors weighed Sc quality of the evideace and the EWE:toed for cams' at Mal. With a federal ease, thetu were two additional considerations. First, a federal criminal prosecution requites that the crime be mom that loyal; it meet have an inter. state nexus. Second, as the masa was initially charged by the state. the federal responsibility is. to south extent, to Lamar-swn state outfox idr.5 to theme that these is au ntisottedage ofjun-ice, and not to au° prosecute &dotal'', that which his already been charged at die state level. After consider