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2.43 MB
Extraction Summary
3
People
3
Organizations
1
Locations
1
Events
2
Relationships
5
Quotes
Document Information
Type:
Legal memorandum / defense argument
File Size:
2.43 MB
Summary
This is page 6 of a legal memorandum from Kirkland & Ellis LLP, defending Jeffrey Epstein. The document argues that Epstein's conduct does not violate federal statutes 18 U.S.C. §§ 1591, 2422(b), or 2423(b), specifically focusing on § 2422(b) (coercion/enticement). The defense asserts that because Epstein's assistants made the phone calls to schedule massages without discussing sexual acts or possessing criminal intent at the time of the call, the 'interstate facility' element of the federal crime is not met.
People (3)
| Name | Role | Context |
|---|---|---|
| Mr. Epstein | Defendant |
Subject of the legal defense; argued not to have violated 18 U.S.C. § 2422(b).
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| Assistants | Employees of Epstein |
Made phone calls to set up appointments; defense argues they did not discuss sexual activity.
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| Masseuses | Witnesses/Providers |
Provided testimony; visited Epstein's house for appointments.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| Kirkland & Ellis LLP |
Law firm representing Jeffrey Epstein (header of document).
|
|
| Court of Appeals for the Eleventh Circuit |
Judicial body cited in case law (United States v. Murrell).
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|
| Congress |
Legislative body mentioned regarding legislative intent of statutes.
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Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
|
Location where appointments and alleged massages took place.
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Relationships (2)
Document states 'phone calls were made by his assistants' and 'neither Mr. Epstein nor his assistants knew...'
Header indicates the law firm authoring the defense document.
Key Quotes (5)
"Mr. Epstein’s conduct does not satisfy the elements of § 2422(b)."Source
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Quote #1
"Indeed, neither Mr. Epstein nor his assistants knew whether sexual activity would necessarily result from a scheduled massage."Source
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Quote #2
"And certainly, no such activity was ever discussed on the phone by either Mr. Epstein or his assistants."Source
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Quote #3
"Instead, as the record in this case makes clear, many appointments resulted in no illegal sexual activity..."Source
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Quote #4
"In this case, however, Mr. Epstein did not use an interstate facility to communicate any illegal intention in this case; the phone calls were made by his assistants in the course of setting up many other appointments."Source
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Quote #5
Full Extracted Text
Complete text extracted from the document (3,236 characters)
KIRKLAND & ELLIS LLP
scope—not the local conduct that is alleged here—and each of these statutes requires proof of the defendant’s actual knowledge that simply is not present in this case. Any attempt to stretch the language of these statutes to cover this case would be a misuse of the law and contrary to express legislative intent. In short, the elements under each federal statute—18 U.S.C. §§ 1591, 2422(b) and 2423(b)—are not satisfied here.
1. 18 U.S.C. § 2422(b)
18 U.S.C. § 2422(b) requires the government to prove beyond a reasonable doubt that the defendant engaged in communications over an interstate facility (e.g., the Internet or phone) with four concurrent intentions: (1) to knowingly (2) persuade, induce, entice or coerce, or attempt to persuade, induce, entice, or coerce (3) a minor (4) to engage in prostitution or criminal sexual activity for which the person can be charged. Mr. Epstein’s conduct does not satisfy the elements of § 2422(b). Each element must be individually stretched, and then conflated in a tenuous chain to encompass the alleged conduct with any individual woman.
As the statute makes clear, the essence of this crime is the communication itself—not the resulting act. The Court of Appeals for the Eleventh Circuit, in Murrell, underscores the point:
The defendant in Bailey contended that attempt under § 2422(b) ‘requires the specific intent to commit illegal sexual acts rather than just the intent to persuade or solicit the minor victim to commit sexual acts.’ Id. at 638. In response, the court held ‘[w]hile it may be rare for there to be a separation between the intent to persuade and the follow-up intent to perform the act after persuasion, they are two clearly separate and different intents and the Congress has made a clear choice to criminalize persuasion and the attempt to persuade, not the performance of the sexual acts themselves. Hence, a conviction under the statute only requires a finding that the defendant had an intent to persuade or to attempt to persuade.’
United States v. Murrell 368 F.3d 1283, 1287 (11th Cir. 2004) (citing United States v. Bailey, 228 F.3d 637, 638-39 (6th Cir.2000)). Thus, the targeted criminal conduct must occur through the interstate facility, not thereafter, and the scienter element must be present at the time of the call or Internet contact.
In this case, however, Mr. Epstein did not use an interstate facility to communicate any illegal intention in this case; the phone calls were made by his assistants in the course of setting up many other appointments. Neither a conspiracy charge nor a charge of aiding and abetting can fulfill the mens rea requirement here. Indeed, neither Mr. Epstein nor his assistants knew whether sexual activity would necessarily result from a scheduled massage. And certainly, no such activity was ever discussed on the phone by either Mr. Epstein or his assistants. Instead, as the record in this case makes clear, many appointments resulted in no illegal sexual activity, and often, as confirmed by the masseuses’ own testimony, several individuals who were contacted by phone visited Mr. Epstein’s house and did not perform a massage at all. Where sexual activity
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