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ALLEN GUTHRIE MCHUGH & THOMAS, PLLC Mr. John Roth June 19, 2008 Page 5 A full and fair review of the facts here is critical to this analysis. Yet, it is clear that CEOS did not conduct such a review. In his recent letter to Jay Lefkowitz, First Assistant United States Attorney (“FAUSA”) Jeffrey Sloman confirmed our understanding that the USAO was to have “facilitated” an “independent de novo review of the investigation” by the Department. (May 19, 2008 Sloman letter at p. 5). Yet, the CEOS review was not complete, and by its own terms not de novo. As CEOS itself noted, “our review of this case is limited both factually and legally. We have not looked at the entire universe of facts in this case. It is not the role of the Criminal Division to conduct a complete factual inquiry from scratch.” (CEOS letter at p. 1). Indeed, entire subject areas relevant to the inquiry were not considered at all by CEOS. In essence, CEOS was only in a position to make the most cursory possible review, an “abuse of discretion” review, without considering the facts at the necessary level of detail, and without taking into account the many and varied issues of misconduct we have raised in this case. As the CEOS letter indicates, “we did not review the facts, circumstances, or terms included in the plea offer nor any allegations that individuals involved in the investigation engaged in misconduct.” (CEOS letter at p. 2). All of this begs the question — if it is not CEOS’ role to “conduct a complete factual inquiry,” and CEOS did not consider any of the allegations of misconduct here, which at the very least have created a strong appearance of impropriety, and, at worst evidence an intent and effort to unfairly prejudice Mr. Epstein to the financial benefit of the friends and colleagues of the prosecution team in the USAO, then where and when can justice ever hope to be served in this case? This is a prosecution burden that cannot, and should not, be brushed aside. We contend the limited nature of the CEOS review deeply affected its conclusions. For example, CEOS most likely did not review original documents, such as transcripts, and instead relied on the summaries of federal prosecutors and FBI agents, against whom we have raised serious concerns regarding misconduct. If the summary memos from the USAO are as flawed as other USAO communications have been, and which we have been able to show are misleading and inaccurate, the CEOS abuse of discretion review is likely flawed as well. Moreover, although the USAO expected, and personally promised to us, an independent review, FAUSA Sloman’s letter also makes clear that our pivotal legal challenge to the use of 18 U.S.C. § 2422(b) had already “been previously raised and thoroughly considered and rejected by .. . CEOS prior to” the recent CEOS review. (May 19, 2008 Sloman letter at p. 5). The fact that CEOS had to evaluate its own decision with respect to some of the allegations against Mr. Epstein prevents its subsequent review and opinion from being truly independent. Following this most recent CEOS review “limited both factually and legally,” and with no citation to any case law relative to the statutes in question, CEOS concludes merely, “federal prosecution in this case would not be improper or inappropriate (CEOS letter at p. 5);” in essence, that the United States Attorney could bring this case in the exercise of his federal discretion should he so choose (“we conclude that U.S. Attorney Acosta could properly use his discretion to authorize | prosecution in this case.”). (CEOS letter at p. 2). However, CEOS drew the conclusion that the | HOUSE_OVERSIGHT_012187