Appx. 849, 2006 WL 14581 at *3 (1 1” Cir. 2006) (to establish Sims’s guilt on the sex trafficking of

ALLEN GUTHRIE MCHuGH & THOMAS, PLLC Mr. John Roth June 19, 2008 Page 14 Appx. 849, 2006 WL 14581 at *3 (1 1” Cir. 2006) (to establish Sims’s guilt on the sex trafficking of a minor count, the government had to show that Sims benefited financially from Owen’s sexual activity and that Sims knew that (a) force or coercion would be used to cause Owens to engage in a criminal sex act or (b) that Owens was under the age of 18.) (emphasis added). Again, none of these factors is present in this case. The Eleventh Circuit’s interpretation of the statute makes perfect sense: were § 1591 not limited in this fashion, it would threaten to criminalize a host of localized behavior that has nothing to do with human trafficking, and, thus, is of no valid federal interest. In sum, to accord discretion to the USAO, albeit without benefit of the requested full de novo review, to exercise authority to pursue a prosecution which involves a “novel” application of three federal statutes in the face of numerous “compelling arguments” is not warranted, as it is not supported by the facts, the law, or justice. Echoing the admonition of the Supreme Court in the Berger decision, the Comment to Rule 3.8 of the Rules of Professional Conduct (Special Responsibilities of a Prosecutor), says it best “A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that a defendant is accorded procedural justice and that guilt is decided upon the basis of sufficient evidence.” This is a responsibility that can not be taken for granted. The government bears the burden of assuring that it possesses sufficient evidence to prove each element of a crime with respect to some specific victim before publicly branding Mr. Epstein a child molester. In this case, however, the USAO has not met its burden for any victim for any of the crimes alleged. It is not enough to simply gloss over the required proof, and rely on the jury or the court to just sort it all out in the end. The stakes are too high. As a result, the USAO should not be permitted to pursue an unfounded federal criminal case against Mr. Epstein under the guise of prosecutorial discretion. Such prosecution in this case necessarily would appear to be selective to Mr. Epstein. To be clear, our request that Mr. Epstein should not be prosecuted federally would not permit him to go completely unpunished, but, rather, would simply place him in the same prosecution position as others similarly situated. Therefore, we continue to believe that after a complete, de novo, and independent review, the only appropriate conclusion will be that this case is best left to the state to resolve. Very truly yours, STEPHANIE D. THACKER SDT/kdt Enclosures HOUSE_OVERSIGHT_012196