Villafana, Ann Marie C. (USAFLS)

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 b