Data Demonstratives Kirkland & Ellis LLP Attorney Work Product Privileged and Confidential EFTA00233177

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Pushing the Federal Boundaries We are not aware of any similar prosecution under any federal statute. — 18 prosecutions under 18 U.S.C. § 1591. — 170 prosecutions under 18 U.S.C. § 2422(b). — 170 prosecutions under 18 U.S.C. § 2423(b). — None of the 358 prosecutions Is like this case. * Federal prosecution on these facts would be unprecedented. EFTA00233178

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ee ee ee ee ee ee ee ee ee ee Sex Crimes Unit: Prosecutions Palm Beach County’s Sex Crimes Unit actively pursues sex crimes, including those involving minors. * Over the last 20 months, it has prosecuted more than 150 cases: — 27 cases of solicitation/sexual activity with a child; — 77 cases of lewd or lascivious battery; — 10 cases of lewd or lascivious battery with a child; and 46 cases of sexual battery with a child. EFTA00233179

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— — ir ——————— | TT * When the Sex Crimes Unit deems conduct to be serious in nature, it pursues harsh sentences. - Of its 150 prosecutions in the last 20 months: 11 resulted in sentences of 10 years or more for charges involving sexual activity with a child; 11 resulted in sentences of 5 years or more for charges involving lewd or lascivious battery with a child; 6 resulted in sentences of 5 years or more for charges involving sexual battery (victim over 12); and 1 resulted in a sentence of 10 years for charges involving unlawful sexual activity with a minor. EFTA00233180

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This Office’s Prosecutions in 2007 * All 12 sex crime prosecutions by this Office in 2007 are distinguishable. — 4 involve the creation, distribution or possession of child pornography (perhaps including sexual abuse). — 2 involve sex trafficking of a minor where minors were forced into prostitution. — 2 involve classic Internet predators who used the Internet to entice minors. — 2 involve sex tourism where the defendants traveled to foreign countries to engage in sex with minors. — 2 involve violations of the Adam Walsh Act where defendants failed to register as convicted sex offenders. EFTA00233181

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Section 1591: Precedent - All 18 prosecutions under § 1591 are distinguishable. — 11 involved prostitution rings where defendant was profiting from the enterprise. — 5 involved international sex trafficking. — 2 involved rape or physical abuse and intimidation. * No § 1591 prosecution is similar to this case. EFTA00233182

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Trafficking Cases Generally * Of 555 federal trafficking cases between 2001 and 2005: 63 involved peonage/involuntary servitude; 155 involved sale into involuntary servitude; — 16 involved transportation into slavery; — 134 involved forced labor; — 49 involved trafficking slaves; and — 129 involved sex trafficking of children. * No trafficking case is similar to this one. ~ EFTA00233183

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~ Section 2422(b): Precedent - All 170 prosecutions under § 2422(b) are distinguishable. — 160 involved the Internet. — 3 involved pimps of prostitution rings and did not specify the relevant interstate facility. — 7 involved the telephone, but of those: 4 involved foreign travel and sex tourism; * 2 involved pimps and drugs or violence; and * 1 involved inducement where defendant made phone call and knew victim was underage. * No § 2422(b) prosecution is similar to this case. EFTA00233184

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Section 2423(b): Precedent - All 170 prosecutions under § 2423(b) are distinguishable. — 138 involved defendants who traveled for the specific purpose of unlawful sex, /.e., classic sex tourism. — 31 involved defendants who traveled with the victims across State lines. — 1 involved defendant who traveled internationally, molested Thai children, and videotaped/photographed. * No § 2423(b) prosecution is similar to this case. EFTA00233185

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Section 1591: Boehm Defendant purchased and distributed large quantities of crack cocaine and cocaine manufactured outside of Alaska; * Defendant used several locations, including hotels frequented by interstate travelers, to purchase drugs and distribute them to underage girls; + Defendant supplied drugs to underage girls; *- Defendant arranged for the girls to have sex with members of the enterprise in exchange for drugs; * Defendant was in possession of illegal firearms; and Defendant knew that the girls were underage. EFTA00233186

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Section 1591: Evans * Defendant operated a child prostitution ring for commercial gain. *- Defendant’s use of the telephone was a critical part of the enterprise. — He supplied the women with cell phones. — He contacted the women using the phones. — He distributed their phone numbers to clients. * Defendant used several locations for his enterprise, including hotels frequented by interstate travelers. * Defendant was aware that one of the women had contracted AIDS and induced her over the phone to keep working. EFTA00233187