POE & BURTON PLLC MEMORANDUM To: Potential Amici in Does v. United States, No. 08-CV-80736-KAM From: Gregory L. Poe Date: May 29, 2015 Re: Scope and Meaning of Crime Victims' Rights Act (18 U.S.C. § 3771) This firm is assisting Martin G. Weinberg, Esq.l Boston, MA 02116, ), who represents Jeffrey Epstein in connection with Does v. United States, No. 08-CV-80736-KAM (S.D. Fla.). We wish to make you aware of a petition filed against the United States Department of Justice ("DOJ") under the Crime Victims' Rights Act, 18 U.S.C. § 3771 ("CVRA"), by two asserted victims of Mr. Epstein in connection with a sex offense investigation. Although the underlying matter involving Mr. Epstein may appear unconnected to your organization's interests, and although we understand that the matter ordinarily would not gain your organization's attention, the district court has ruled that rescission of a Non-Prosecution Agreement ("NPA") — even where the parties to the NPA have complied with all of their obligations — may be an appropriate remedy where DOJ has violated the CVRA. That ruling has no case-related or subject-matter limitations and raises serious constitutional problems under the Due Process Clause of the Fifth Amendment, the separation of powers doctrine, and principles of state sovereignty. If the ruling stands, it potentially could have a profound adverse effect on business interests by undermining the efficacy of settlement mechanisms such as NPAs. An opportunity may exist in the near future for potential amici to seek to file briefs asking the district court to reconsider that ruling. Although we understand that it may be uncommon for your organization to participate in district court litigation, we believe that the important policy issues implicated in this matter warrant such participation before the appellate stage. In Does, two asserted victims of Mr. Epstein in connection with a sex offense investigation filed a petition under the CVRA