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FBI VOL00009
EFTA00179797
194 sivua
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, April 16, 2007 5:25 PM To: Ortiz, Eliasib Subject: FW: Possible Retainer for a Federal Criminal Investigation/Prosecution Hi Junior -- Here are the questions that I have raised for the potential expert. Thank you. The types of issues that I am hoping the expert can address include: I. Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim to disclose all of the sexual activity that took place. 2. Different types of paraphilia -- in particular, describing a predator's interest in post-pubescent children (many people are asking why we should prosecute someone who didn't go after really young children). 3. Traits of psychopathy. 4. Effects of abuse on victims. Thank you. A. Marie Walla Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 ann.marie.clillafana©usdoidzov 205 EFTA00179837
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, April 16, 2007 12:07 PM To: Williams, Doncella Cc: Ball, Shawn (USAFLS) Subject: RE: Haley Robson and Tatum Miller Thank you so much! Shawn -- Can you prepare the final subpoenas? A. Marie Villafafia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 ann. marie.c.villafana@usdoj.gov From: Williams, Doncella Sent: Monday, April 16, 2007 12:03 PM To: Villafana, Ann Marie C. (USAFLS) Cc: Bannon, John Subject: Haley Robson and Tatum Miller The immunity authorization letters for witness Haley Robson and Tatum Miller has been faxed to your office at 561-820- 8777. Doncella Williams Legal Assistant Witness Immunity Unit 202-514-5541 206 EFTA00179838
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, April 16, 2007 11:50 AM To: acsalter@annasalter.com Subject: Possible Retainer for a Federal Criminal Investigation/Prosecution Dear Dr. Salter: I am a federal prosecutor in West Palm Beach, Florida, and the District-wide coordinator of child exploitation cases for the U.S. Attorney's Office for the Southern District of Florida. I have been reviewing your book Predators: Pedophiles Rapists. & Other Sex Offenders, and have found it immensely informative. I am considering undertaking a prosecution, and I am hoping that you would consider serving as an expert consultant and possible witness for the case. The types of issues that I am hoping you can address include: 1. Why victims do not report sexual abuse and, when discovered, why it may take several sessions for a victim to disclose all of the sexual activity that took place. 2. Different types of paraphilia -- in particular, describing a predator's interest in post-pubescent children (many people are asking why we should prosecute someone who didn't go after really young children). 3. Traits of psychopathy. 4. Effects of abuse on victims. When you have a chance, would you mind calling or e-mailing me? My direct dial number is shown below. You also can contact Special Agent Nesbitt Kuyrkendall, with the FBI, at 561 822-5946. Thank you. A. Marie Villafalia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 ann.marie.c.villafana@usdelgov 207 EFTA00179839
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, March 27, 2007 2:32 PM To: Lourie, Andrew (USAFLS) Subject: RE: Hi Andy -- Thank you. The letter went out earlier today. I put a copy in your box. A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 561 820-8711 Fax 561 820-8777 ann.marie.c.villafana@usdoi.gov From: Lourie, Andrew (OWLS) Sent: Monday, March 26, 2007 4:21 PM To: Morena, Mn Marie C. (USAFLS) Subject: I told Dutko we would send him a kastigar letter this week . He said he would try to bring her in next week unless he had issues with the letter. Basically we should just tell him we are giving him 6001 immunity. Also, I was thinking that senoiors in High School start turning 18 in January. So that if you are getting massages from High School students during a school year between September and January, you can be assured none of them are 18. And even by graduation in June, 5/6 of the students in a Highschool will be under 18. Tracking: 209 EFTA00179840
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Recipient Read Lourie, Andrew (USAF1S) Deleted: 413/2007 11:25 AM 210 EFTA00179841
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, March 23, 2007 9:22 AM To: Cassella, Stefan Subject: RE: memory lane Thank you, thank you, thank you! A. Marie Villufaira Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, Ff. 33401 561 820-8711 Fax 561 820-8777 ann.marie.c.yillafanaausdoj.goy From: Casselia, Stefan Sent: Thursday, March 22, 2007 5:24 PM To: Vlllafana, Ann Marie C. (USAFLS) Subject: FW: memory lane FYI Stef From: Harbin, Harry Sent: Thursday, March 22, 2007 4:46 PM To: Cassella, Stefan Subject: RE: memory lane Your memory is correct: United States >1 Tobon-Builes, 706 F.2d 1092 (11th Cir. 1982) Conviction aff'd. Tobon's criminal liability stems not from any duty on his part to file CTRs but from his willful act of concealment of material facts so as to cause financial institutions to fail in their duty to file. The panel found support for this holding in 18 U.S.C. § 2(b) under which a person is punishable as a principal if they cause an unwitting and therefore innocent intermediary to commit the offense. An authority of more general application is 18 USC § 2(b) on which Tobon-Builes relied — which is a bit different from the "aiding and abetting" principal embodied in § 2(a). Harry From: Cassella, Stefan Sent: Thursday, March 22, 2007 4:37 PM To: Harbin, Harry Subject: memory lane Harry, 211 EFTA00179842
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Am I correct that Tobon-Builes was the 11th Circuit case holding that a smurf could be convicted of causing (aiding and abetting) a financial institution to fail to file a CTR? Do you think that an AUSA in Florida could rely on that case to argue that a person using a money remitter to send money from New York to Florida to finance a prostitution offense is guilty of causing the remitter to violate 1960b1C? Stef • EFTA00179843
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Villafana, Ann Marie C. (USAFLS) From: Cassella, Stefan Sent: Thursday, March 22, 2007 5:24 PM To: Villafana, Ann Marie C. (USAFLS) Subject: FW: memory lane FYI Stet From: Harbin, Harry Sent: Thursday, March 22, 2007 4:46 PM To: Cassella, Stefan Subject: RE: memory lane Your memory is correct: United States'. Tobon-Builes, 706 F.2d 1092 (11th Cir. 1982) Conviction aft d. Tobon's criminal liability stems not from any duty on his part to file CTRs but from his willful act of concealment of material facts so as to cause financial institutions to fail in their duty to file. The panel found support for this holding in 18 U.S.C. § 2(b) under which a person is punishable as a principal if they cause an unwitting and therefore innocent intermediary to commit the offense. An authority of more general application is 18 USC § 2(b) on which Tobon-Builes relied — which is a bit different from the "aiding and abetting" principal embodied in § 2(a). Harry From: Cassella, Stefan Sent: Thursday, March 22, 2007 4:37 PM To: Harbin, Harry Subject: memory lane Harry, Am I correct that Tobon-Builes was the 11° Circuit case holding that a smurf could be convicted of causing (aiding and abetting) a financial institution to fail to file a CTR? Do you think that an AUSA in Florida could rely on that case to argue that a person using a money remitter to send money from New York to Florida to finance a prostitution offense is guilty of causing the remitter to violate 1960b1C? Stef 213 EFTA00179844
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Villafana, Ann Marie C. (USAFLS) From: Cassella, Stefan Sent: Thursday, March 22, 2007 4:14 PM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: A Money Laundering Question Aside from cases where there is a representation as to the nature of the money by a law enforcement agent (sting cases; 1956(a)(3)), or cases involving the international transfer of funds (intl money laundering; 1956(a)(2)(A)), all money laundering offenses under 1956 and 1957 require proof that the money actually was SUA proceeds. There is no provision, in other words, for "reverse money laundering" — i.e., the process of sending money from one place to another for the purpose of promoting a future criminal act. This is a problem in our money laundering statutes that we've asked Congress to fix. (Ironically, the State of Florida has a state reverse money laundering statute that might apply to your facts.) There are some other possibilities, however. If the money was sent via a money remitter, there could be a violation of 1960(b)(1)(C) (sending funds through a money remitting business knowing that they were intended to be used for an illegal purpose). Also, since the end result of this transaction was the promotion of a prostitution offense, you could have a violation of 1952 (using a facility in interstate commerce to promote a state prostitution offense). Please let me know if either of these work for you. Stef From: VIllafana, Ann Marie C. (USAFLS) (mallto:Ann.Marie.C.VIllafana@usdol.gov] Sent: Thursday, March 22, 2007 4:00 PM To: Cassella, Stefan Subject: RE: A Money Laundering Question Thank you, Stef. I must admit that your answer doesn't make me happy. Do you think that there is any other type of money laundering that I could charge? A. Marie Villafafia Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 561 820-8711 Fax 561 820-8777 ann.marie.c.villafana rr usdoi.gov From: Cassella, Stefan Sent: Thursday, March 22, 2007 3:10 PM To: VIllafana, Ann Marie C. (USAFLS) Subject: RE: A Money Laundering Question Marie, We have always taken the position that a sting offense — i.e., a violation of 1956a3 — requires proof of a representation that the property involved in the transaction was either A) SUA proceeds, or B) property used to facilitate. In other words, contrary to your construction of the statute, we think the representation element applies to both of the phrases that follow, and not just to the proceeds. I could go into detail regarding the elements of 1956(a)(3) and its legislative history if 214 EFTA00179845
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necessary (we did a memo on this to counsel for one of the agencies many years ago), but I think the reason you haven't found any case law on this is that we've discouraged bringing any prosecutions based on this reading of the statute. I suspect that this is not what you were hoping to hear, but that's how we see it. Good luck with this, Stef From: Villafana, Ann Marie C. (USARS) [mailto:Ann.Marie.C.VIllafana@usdoi.gov] Sent: Thursday, March 22, 2007 12:50 PM To: Cassella, Stefan Subject: A Money Laundering Question Hi Stefan -- One of our ICE Agents recommended that I contact you with this question. I have a target who transfers funds from a bank account in New York to a bank account in Florida. The target then asks his assistant in Florida to withdraw cash from the Florida account to pay underage prostitutes here in Florida. I would like to charge money laundering under 1956(a)(3XA): "Whoever, with the intent (A) to promote the carrying on of specified unlawful activity; ... conducts or attempts to conduct a financial transaction involving . .. property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years or both." I read the statute as NOT requiring either the use of criminal proceeds or an attempt to conceal the transactions, but I haven't found any cases that involve purely promotional money laundering. Can you help? Thank you so much. A. Marie VIllafalfa Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 561 820-8711 Fax 561 820-8777 ann.marie.c.villafana@usdoi.gov 215 EFTA00179846
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Villafana, Ann Marie C. (USAFLS) From: Cassella, Stefan Sent: Thursday, March 22, 2007 3:10 PM To: Villafana, Ann Mare C. (USAFLS) Subject: RE: A Money Laundering Question Marie, We have always taken the position that a sting offense — i.e., a violation of 1956a3 — requires proof of a representation that the property involved in the transaction was either A) SUA proceeds, or B) property used to facilitate. In other words, contrary to your construction of the statute, we think the representation element applies to both of the phrases that follow, and not just to the proceeds. I could go into detail regarding the elements of 1956(a)(3) and its legislative history if necessary (we did a memo on this to counsel for one of the agencies many years ago), but I think the reason you haven't found any case law on this is that we've discouraged bringing any prosecutions based on this reading of the statute. I suspect that this is not what you were hoping to hear, but that's how we see it. Good luck with this, Stef From: Villafana, Ann Marie C. (USAFLS) [mailto:Ann.Marle.CVillafana@usdolgov] Sent: Thursday, March 22, 2007 12:50 PM To: Cassella, Stefan Subject: A Money Laundering Question Hi Stefan -- One of our ICE Agents recommended that I contact you with this question. I have a target who transfers funds from a bank account in New York to a bank account in Florida. The target then asks his assistant in Florida to withdraw cash from the Florida account to pay underage prostitutes here in Florida. I would like to charge money laundering under I956(aX3XA): "Whoever, with the intent (A) to promote the carrying on of specified unlawful activity; ... conducts or attempts to conduct a financial transaction involving . .. property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years or both." I read the statute as NOT requiring either the use of criminal proceeds or an attempt to conceal the transactions, but I haven't found any cases that involve purely promotional money laundering. Can you help? Thank you so much. A. Marie Malaita Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 561 820-8711 8777 illafana©usdoj.gov 216 EFTA00179847
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, January 30, 2007 9:04 AM To: Lourie, Andrew (USAFLS) Subject: RE: Epstein Hi Andy -- I got a little side-tracked with the Judge Zloch thing, but I am going to try to spend all day today and tomorrow on the Epstein pros memo. In the meantime, Shawn is making you a copy of the stuff that Gerald Lefcourt sent and a copy of the final Palm Beach police report. That doesn't include the interviews conducted by FBI, but it gives a good overview. Junior Ortiz from FBI would like to attend the meeting. Let me know if you have any objection to that. Maybe Junior can come over at 1:00 on Thursday so we can do a "pre-meeting meeting" A. Marie Villafalia Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 561 820-8711 Fax 561 820-8777 imn.marie.c.villafanaQusdoi.gov From: lourie, Andrew (USAFLS) Sent: Monday, January 29, 2007 4:55 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Epstein Can I get a draft pros memo and anything else you think I should read before our meeting? 235 EFTA00179848
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, January :11, 2007 3:48 PM To: lourie, Andrew (USAFLS) Subject: Lilly Ann Sanchez Andy -- I just spoke with Lilly. They are going to give me nothing. I just get to listen to the pitch and hear about how the girls are liars and drug users. And the earliest that they can come to see me is the week after our "goal date." A. Marie VIIlafalia Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, FL, 33401 561 820-8711 • Fax 561 820-8777 ann,marie.c.villafana(ausduj.gov Tracking: 236 EFTA00179849
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Recipient Lourie, Andrew (USAFLS) Vera, E.J. (USAFLS) 237 Read Read: /111/2007 4:00 PM EFTA00179850
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Villafana, Ann Marie C. (USAFLS) From: VIHelena, Ann Marie C. (USAFLS) Sent: Wednesday, January 10, 2007 7:26 AM To: Lourie, Andrew (USAFLS) Subject: RE: TIC with Lilly Ann Sanchez Hi Andy -- I send Lilly a letter telling her that, as I mentioned in my earlier correspondence, I wanted to review the documents that she promised before we met and if she wanted me to review things before I made a presentation to the grand jury she should send them sooner rather than later. She just wants to "make a pitch" and not provide any information. I want the documents not the pitch. A. Marie Villafttha Assistant U.S. Attorney 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 561 820-8711 Fax 561 820-8777 ann.marie.c.villafana@usdoi.gov From: Lourie, Andrew (USAFLS) Sent•. Tuesday, January 09, 2007 5:20 PM To: tAllarana, Ann Marie C. (USAFLS) Subject: T/C with Lilly Ann Sanchez Marie, Lilly Ann Sanchez called me. Based on her last conversation with you she was concerned an indictment was imminent and wanted to confirm that she would be given an opportunity to come in before and present the results of their own investigation to us and make a pitch, She said once they had an opportunity to do that, if we wanted to interview Epstein, that would be a possibility. I told her that she would be given the opportunity to do what she requested. Tracking: 238 EFTA00179851
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Recipient Read Laurie, Andrew (USAFLS) Read: 111112007 11:48 AM Yeta, E.J. (USAFLS) Read: 111012007 7:38 AM eihasib.orilzecti.gov 239 EFTA00179852
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Monday, December 11, 2006 3:25 PM To: 'Robert Blackburn Esq. (blackburnr@sec.gov)' Subject: Meeting re Epstein Hi Robert -- As promised, I am following up with you. Two FBI agents and I are traveling to New York on Thursday morning and will be there through Sunday. I remember that you are presenting an indictment on Friday, but is there any chance we could talk on Friday afternoon or early evening? And can you recommend a government-approved hotel? Thank you so muchi A. Marie Villafalia Assistant U.S. Attorney Southern District of Florida 500 S. Australian Ave, Ste 400 West Palm Beach, FL 33401 561 820-8711 Fax 561820-8777 From: Magma, Mn Made C. (USAFLS) Sent: Thursday, November 30, 2006 3:55 FM To: Robert Blackburn Esq. (bladtbunflosec.goo) Subject: Our discuss on Hi Robert -- Thank you for taking the time to speak with me today. I will follow up with you next week. All of my contact info is below. A. Marie Villafafia Assistant U.S. Attorney Southern District of Florida 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 561209-1047 Fax 561 820-8777 ann.marie.c.yillafantitguscioluoy 241 EFTA00179853
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Thursday, November 30, 2006 3:55 PM To: Robert Blackburn Esq. (blackburnr@sec.gov) Subject: Our discussion Contacts: Robert Blackburn Esq. Hi Robert -- Thank you for taking the time to speak with me today. I will follow up with you next week, All of my contact info is below. A. Marie VIMilano Assistant U.S. Attorney Southern District of Florida 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 561 209-1047 Fax 561 820-8777 annmarietc.villafana@usdoi.gov 245 EFTA00179854
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Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Tuesday, October 14, 2008 5:36 PM To: Lee, Dexter (USAFLS) Subject: Re: Letter from Brad Edwards Hi Dexter. I have lost my patience with Mr. Edwards. He clearly is trying to use our litigation to affect the civil suits against Epstein. His letter states that he still wants to work out a resolution of our case but I think that everyone agrees that he has no remedy so I don't know what our incentive is to work with him anymore given his aggressive tactics. I agree with your strategy. From: Lee, Dexter (USAFLS) To: Villafana, Ann Marie C. (USAFLS) Sent: Tue Oct 14 15:13:34 2008 Subject: Letter from Brad Edwards Marie, Today I received the attached letter from Brad Edwards, concerning the partially "false" statements made in the declaration accompanying our initial response to the victims' petition. Edwards doesn't seem to know there's a difference between incorrect and false. As far as stipulating, I think we go forward with our initial strategy, the only relevant facts are that Epstein was charged in state court, pled guilty, and is now in jail. Dexter «edwards_itr_100908.pdf» 3 EFTA00179855
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Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Tuesday, October 14,2008 3:14 PM To: Villafana, Ann Marie C. (USAFLS) Subject: Letter from Brad Edwards Marie, Today I received the attached letter from Brad Edwards, concerning the partially "false" statements made in the declaration accompanying our initial response to the victims' petition. Edwards doesn't seem to know there's a difference between incorrect and false. As far as stipulating, I think we go forward with our initial strategy, the only relevant facts are that Epstein was charged in state court, pled guilty, and is now in jail. Dexter edwards_it _100 908.pdf 4 EFTA00179856