Latest / The Epstein Chronicles / Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 1-5) (7/2/26)

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Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 1-5) (7/2/26) · The Epstein Chronicles

0:00
Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
0:04
Speaker 1: In this episode, we're going to begin taking a look
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Speaker 1: at the Office of Professional Responsibility and their investigation into
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Speaker 1: the US Attorney's Office for the Southern District of Florida's
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Speaker 1: resolution of its two thousand and six through two thousand
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Speaker 1: and eight federal criminal investigation of Jeffrey Epstein and its
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Speaker 1: interactions with victims during the investigation. November twenty twenty Executive Summary.
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Speaker 1: The Department of Justice Office of Professional Responsibility investigated allegations
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Speaker 1: that in two thousand and seven two thousand and eight,
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Speaker 1: prosecutors in the US Attorney's Office for the Southern District
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Speaker 1: of Florida improperly resolved a federal investigation into the criminal
0:43
Speaker 1: conduct of Jeffrey Epstein by negotiating and executing a federal
0:47
Speaker 1: non prosecution agreement. The NPA was intended to end the
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Speaker 1: federal investigation into allegations that Epstein engaged in legal sexual
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Speaker 1: activity with girls. OPR also investigated USAO prosecutors committed professional
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Speaker 1: misconduct by failing to consult with victims of Epstein's crimes
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Speaker 1: before the MPa was signed, or by misleading victims regarding
1:11
Speaker 1: the status of the federal investigation after the signing one
1:16
Speaker 1: overview of factual background. The Palm Beach, Florida Police Department
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Speaker 1: began investigating Jeffrey Epstein in two thousand and five after
1:24
Speaker 1: the parents of a fourteen year old girl complained that
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Speaker 1: Epstein had paid her for a massage. Epstein was a
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Speaker 1: multimillionaire financier with residences in Palm Beach, New York, and
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Speaker 1: other United States and foreign locations. The investigation led to
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Speaker 1: the discovery that Epstein used personal assistance to recruit girls
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Speaker 1: to provide massages to him, and in many instances, those
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Speaker 1: massages led to sexual activity. After the PBPD brought the
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Speaker 1: case to the State Attorney's office, a Palm Beach County
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Speaker 1: grand jury indicted Epstein on July nineteenth, two thousand and six,
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Speaker 1: for felony, solicitation of prostitution and violation of Florida Statute
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Speaker 1: Section seven nine six dot seven. However, because the PPBD
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Speaker 1: chief and the lead detective were dissatisfied with the state
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Speaker 1: attorney's handling of the case and believed that the state's
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Speaker 1: grand jury's charge did not address the totality of Epstein's conduct,
2:19
Speaker 1: they referred the matter to the Federal Bureau of Investigation
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Speaker 1: in West Palm Beach for a possible federal investigation. The
2:27
Speaker 1: FBI brought the matter to an assistant US attorney, who
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Speaker 1: opened the file with her supervisor's approval and with the
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Speaker 1: knowledge of then US Attorney Alexander Acosta. She worked with
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Speaker 1: two FBI case agents to develop a federal case against Epstein,
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Speaker 1: and in the course of the investigation, they discovered additional victims.
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Speaker 1: In May of two thousand and seven, the AUSA submitted
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Speaker 1: to her supervisors a draft sixty count indictment outlining charges
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Speaker 1: against Epstein. She also provided a lengthy memorandum summarizing the
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Speaker 1: evidence she had assembled in support or to the charges
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Speaker 1: and addressing the legal issues related to the proposed charges.
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Speaker 1: For several weeks following submission of the prosecution memorandum and
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Speaker 1: proposed indictment, the AUSA supervisors reviewed the case to determine
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Speaker 1: how to proceed. At a July thirty first, two thousand
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Speaker 1: and seven meeting with Epstein's attorneys, the USAO offered to
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Speaker 1: end its investigation if Epstein pled guilty to state charges
3:24
Speaker 1: agreed to serve a minimum of two years incarceration. Registered
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Speaker 1: as a sexual offender and agreed to a mechanism through
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Speaker 1: which victims could obtain monetary damages. The USAO subsequently engaged
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Speaker 1: in additional meetings and communications with Epstein's team of attorneys,
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Speaker 1: ultimately negotiating the terms of a state based resolution of
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Speaker 1: the federal investigation, which culminated in the signing of the
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Speaker 1: NPA on September twenty fourth, two thousand and seven. The
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Speaker 1: NPA required Epstein to plead guilty in state court to
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Speaker 1: the then pending state indictment against them, and to any
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Speaker 1: additional criminal information charging him with a state offense that
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Speaker 1: would require him to register as a sexual offender, specifically
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Speaker 1: procurement of miners to engage in prostitution and violation of
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Speaker 1: Florida Statute Section seven ninety six dot three. The NPA
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Speaker 1: required Epstein to make a binding recommendation that the state
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Speaker 1: court sentenced him to serve eighteen months in the county jail,
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Speaker 1: followed by twelve months of community control, home detention, or
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Speaker 1: house arrest. The MPa also included provisions designed to facilitate
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Speaker 1: the victim's recovery of monetary damages from Epstein. In exchange,
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Speaker 1: the USAO agreed to end its investigation of Epstein to
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Speaker 1: forego federal prosecution in the Southern District of Florida. Of
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Speaker 1: them forenamed co conspirators and any potential co conspirators victims
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Speaker 1: were not informed of or consulted about a potential state
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Speaker 1: resolution or the NPA prior to its signing. The signing
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Speaker 1: of the NPA did not immediately lead to Epstein's guilty
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Speaker 1: plea and incarceration. However, for the next nine months, Epstein
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Speaker 1: deployed his extensive team of prominent attorneys to try and
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Speaker 1: change the terms that his team had negotiated and he
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Speaker 1: had approved, while simultaneously seeking to invalidate the entire MPa
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Speaker 1: by persuading senior Department officials that there was no federal
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Speaker 1: interest at issue and that matters should be left to
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Speaker 1: the discretion of state law enforcement officials. Through the repeated
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Speaker 1: communications with the USAO and senior Department officials, Defense Council
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Speaker 1: fought the government's interpretation of the NPA's terms. They also
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Speaker 1: sought and obtained review by the Department's Criminal Division and
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Speaker 1: then the Office of the Deputy Attorney General, primarily on
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Speaker 1: the issue of federal jurisdiction over what the Defense insisted
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Speaker 1: was a quintessentially state matter. After reviewing submissions by the
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Speaker 1: defense and the USAO, on June twenty three, two thousand
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Speaker 1: and eight, the Office of the Deputy Attorney General informed
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Speaker 1: Defense Council that the Deputy Attorney General would not enter
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Speaker 1: in the matter. Only then did Epstein agree to fulfill
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Speaker 1: his obligation under the NPA, and on June thirtieth, two
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Speaker 1: thousand and eight, he appeared in State Court and pled
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Speaker 1: guilty to the pending state indictment charging felony solicitation of
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Speaker 1: prostitution and pursuant to the NPA, to a criminal information
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Speaker 1: charging him with the procurement of miners to engage in prostitution.
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Speaker 1: Upon the joint request of the defendant and the State Prosecutor,
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Speaker 1: and consistent with the NPA, the court immediately sentenced Epstein
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Speaker 1: to consecutive terms of twelve months incarceration on the solicitation
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Speaker 1: charge and six months incarceration on the procurement charge, followed
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Speaker 1: by twelve months a community control. Epstein began serving the
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Speaker 1: sentence that day in a minimum security Palm Beach County facility.
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Speaker 1: A copy of the NPA was filed under seal with
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Speaker 1: the State Court on July seventh, two thousand and eight,
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Speaker 1: a victim identified as Jane Doe filed in federal court
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Speaker 1: in the Southern District of Florida an emergency petition alleging
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Speaker 1: that the government violated the Crime Victim's Rights Act eighteen
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Speaker 1: US Code, Section thirty seven seventy one when it resolved
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Speaker 1: the federal investigation of Epstein without consulting with victims and
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Speaker 1: seeking enforcement of the CVRAA rights. In responding to the petition,
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Speaker 1: the government, represented by the USAO revealed existence of the NPA,
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Speaker 1: but did not produce it to the petitioners until the
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Speaker 1: court directed it to be turned over subject to a
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Speaker 1: protective order. The NPA itself remained under seal in the
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Speaker 1: Federal District Court after the initial filings and hearings, The
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Speaker 1: CVR case was dormant for almost two years while the
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Speaker 1: petitioners pursued civil cases against Epstein. Soon after he was incarcerated,
7:42
Speaker 1: Epstein applied for the Palm Beach County Sheriff's work release program,
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Speaker 1: and the sheriff approved his application. In October two thousand
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Speaker 1: and eight. Epstein began spending twelve hours a day purportedly
7:53
Speaker 1: working at the Florida Science Foundation and entity Epstein had
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Speaker 1: recently incorporated that was co located at the West Upon
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Speaker 1: Beach office of one of Epstein's attorneys. Although the NPA
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Speaker 1: specified a term of incarceration of eighteen months, Epstein received
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Speaker 1: gain time, that is time off for good behavior, and
8:11
Speaker 1: he actually served less than thirteen months of incarceration. On
8:15
Speaker 1: July twenty second, two thousand and nine, Epstein was released
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Speaker 1: from custody to a one year term of home detention
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Speaker 1: as a condition of community control, and he registered as
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Speaker 1: a sexual offender with the Florida Department of Law Enforcement.
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Speaker 1: After victims and news media filed suit in Florida courts
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Speaker 1: for release of the copy of the NPA that had
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Speaker 1: been filed under seal in the state corp file, a
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Speaker 1: state judge in September two thousand and nine ordered it
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Speaker 1: to be made public by mid twenty ten. Epstein reportedly
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Speaker 1: settled multiple civil lawsuits brought against them by victims seeking
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Speaker 1: monetary damages, including the two petitioners in the CVRA litigation.
8:54
Speaker 1: During the CVRA litigation, the petitioners saw discovery from the USAO,
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Speaker 1: which made substantial document productions, file lengthy privilege logs in
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Speaker 1: support of its withholding of documents and submitted declarations from
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Speaker 1: the AUSA and the FBI case agents who conducted the
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Speaker 1: federal investigation. The USAO opposed efforts to unseal various records,
9:16
Speaker 1: as did Epstein, who was permitted to intervene in the
9:19
Speaker 1: litigation with respect to certain issues. Nevertheless, the court ultimately
9:24
Speaker 1: ordered that substantial records relating to the usao's resolution of
9:28
Speaker 1: the Epstein case be made public. During the course of
9:31
Speaker 1: the litigation, the court made numerous rulings interpreting the CVRA.
9:36
Speaker 1: After failed efforts to settle the case, the party's cross
9:39
Speaker 1: motions for summary judgment remained pending for more than a year.
9:43
Speaker 1: In twenty seventeen, President Donald Trump nominated Acosta to be
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Speaker 1: Secretary of Labor. At his March twenty seventeen confirmation hearing,
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Speaker 1: Acosta was questioned only briefly about the Epstein case. On
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Speaker 1: April seventeenth, twenty seventeen, the Senate confirmed Acosta's appointment as
10:02
Speaker 1: Labor Secretary. In the decade following his release from incarceration,
10:06
Speaker 1: Epstein reportedly continued to settle multiple civil suits brought by many,
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Speaker 1: but not all, of his victims. Epstein was otherwise able
10:15
Speaker 1: to resume his lavish lifestyle, largely avoiding the interest of
10:18
Speaker 1: the press. On November twenty eighth, twenty eighteen, however, the
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Speaker 1: Miami Herald published an extensive investigative report about state and
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Speaker 1: federal criminal investigations initiated more than twelve years earlier into
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Speaker 1: allegations that Epstein had coerced girls into engaging in sexual
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Speaker 1: activity with him at his Palm Beach estate. The Miami
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Speaker 1: Herald reported that in two thousand and seven, Acosta entered
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Speaker 1: into an extraordinary deal with Epstein in the form of
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Speaker 1: the MPa, which permitted Epstein to avoid federal prosecution and
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Speaker 1: a potentially lengthy prison sentence by pleading guilty in state
10:54
Speaker 1: court to prostitution charges. According to The Miami Herald, the
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Speaker 1: government also knives from prosecution Epstein's co conspirators and concealed
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Speaker 1: the Epstein victims in the terms of the NPA. Through
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Speaker 1: its reporting, which included interviews of eight victims and information
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Speaker 1: from publicly available documents, the newspaper painted a portrait of
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Speaker 1: federal and state prosecutors who had ignored serious criminal conduct
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Speaker 1: biowealthy man with powerful and politically connected friends by granting
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Speaker 1: him a deal of a lifetime that allowed him both
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Speaker 1: to escape significant punishment for his past conduct and to
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Speaker 1: continue his abuse of minors. The Miami Herald report led
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Speaker 1: to public outrage and media scrutiny of the government's actions.
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Speaker 1: On February twenty one, twenty nineteen, the District Court granted
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Speaker 1: the CVRA case petitioner's motion for partial summary judgment, ruling
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Speaker 1: that the government violated the CVRA in failing to advise
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Speaker 1: the victims about its intention to enter into the NPA.
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Speaker 1: The court also found that letters the government sent to
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Speaker 1: victims after the NPA was signed describing the investigation is ongoing,
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Speaker 1: misled the victims to believe that federal prosecution was still
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Speaker 1: a possibility. The court also highlighted the inequity of the
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Speaker 1: usao's failure to communicate with the victims while at the
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Speaker 1: same time engaging in lengthy negotiations with Epstein's council and
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Speaker 1: assuring the defense that the NPA would not be made
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Speaker 1: public if filed with the court. The court ordered the
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Speaker 1: parties to submit additional briefs regarding the appropriate remedies. After
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Speaker 1: the court's order, the Department recused the USAO from the
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Speaker 1: CVRA litigation and assigned the U. S. Attorney's Office for
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Speaker 1: the Northern District of Georgia to handle the case for
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Speaker 1: the government. Among the remedies sought by the petitioners and
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Speaker 1: opposed by the government was recision of the NPA and
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Speaker 1: the federal prosecution of Epstein. All Right, we're going to
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Speaker 1: wrap up with part one here. In the next episode
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Speaker 1: dealing with the topic, we'll pick up with part number two.
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Speaker 1: All of the information that goes with this episode can
12:54
Speaker 1: be found in the description box. What's up everyone, and
12:58
Speaker 1: welcome back to the program. In this episode were dive
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Speaker 1: and right back in to the OIG report into Jeffrey
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Speaker 1: Epstein's and PA. On July second, twenty nineteen, the U. S.
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Speaker 1: Attorney's Office for the Southern District of New York obtained
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Speaker 1: a federal grand jury indictment charging Epstein with one count
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Speaker 1: of sex trafficking of miners and one count of conspiracy
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Speaker 1: to commit sex trafficking of miners. The indictment alleged that
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Speaker 1: from two thousand and two until two thousand and five,
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Speaker 1: Epstein created a vast network of underage victims in both
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Speaker 1: New York and Florida, whom he sexually abused and exploited.
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Speaker 1: Epstein was arrested on the charges on July six, twenty nineteen.
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Speaker 1: In arguing for Epstein's pre trial detention, prosecutors asserted that
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Speaker 1: agents searching Epstein's Manhattan residents found thousands of photos of
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Speaker 1: nude and half nude females, including at least one believe
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Speaker 1: to be a miner. The court ordered Epstein detained pending trial,
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Speaker 1: and he was remanded to the custody of the Bureau
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Speaker 1: of Prisons and held at Metropolitan Correctional Center in Manhattan. Meanwhile,
14:02
Speaker 1: after publication of the November twenty eighteen Miami Herald report,
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Speaker 1: the media and Congress increasingly focused attention on Acosta as
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Speaker 1: the government official responsible for the NPA. On July tenth,
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Speaker 1: twenty nineteen, Acosta held a televised press conference to defend
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Speaker 1: his and the usao's actions. Acosta stated that the Palm
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Speaker 1: Beach State Attorney's Office was ready to allow Epstein to
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Speaker 1: walk free with no jail time nothing. According to Acosta,
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Speaker 1: because USAO prosecutors considered this outcome unacceptable, his office pursued
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Speaker 1: a difficult and challenging case and obtained a resolution that
14:39
Speaker 1: put Epstein in jail forced them to register as a
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Speaker 1: sexual offender and provided victims with the means to obtain
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Speaker 1: monetary damages. Acosta's press conference did not end the controversy, however,
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Speaker 1: and on July twelfth, twenty nineteen, Acosta submitted to the
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Speaker 1: President his resignation as Secretary of Labour in a brief
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Speaker 1: oral statement a cost to explain that continued media attention
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Speaker 1: on his handling of the Epstein investigation, rather than on
15:06
Speaker 1: the economy, was unfair to the Labor Department. On August tenth,
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Speaker 1: twenty nineteen, Epstein was found hanging in his cell and
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Speaker 1: was later pronounced dead. The New York Chief Medical Examiner
15:17
Speaker 1: concluded that Epstein had committed suicide. As a result of
15:21
Speaker 1: Epstein's death, the US Attorney's Office for the Southern District
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Speaker 1: of New York filed a null prosquay to dismiss the
15:28
Speaker 1: pending indictment against Epstein. On August twenty seventh, twenty nineteen,
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Speaker 1: the District Court held a hearing at which more than
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Speaker 1: a dozen of Epstein's victims, including victims of the conduct
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Speaker 1: in Florida that was addressed through the NPA, spoke about
15:44
Speaker 1: the impact of Epstein's crimes. The court dismissed the Epstein indictment.
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Speaker 1: On August twenty ninth, twenty nineteen, after Epstein's death, the
15:52
Speaker 1: Federal District Court in Florida, overseeing the CVRA litigation, denied
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Speaker 1: the petitioners their requested remedies and closed the case as moot.
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Speaker 1: Among its findings, the court concluded that although the government
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Speaker 1: had violated the CVRA, the government had asserted legitimate and
16:08
Speaker 1: legally supportable positions throughout this litigation and therefore had not
16:12
Speaker 1: litigated in bad faith. The court also noted it expected
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Speaker 1: the government to honor its representation that it will provide
16:19
Speaker 1: training to its employees about the CVRA and the proper
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Speaker 1: treatment of crime victims, as well as honoring its promise
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Speaker 1: to meet with the victims. On September thirtieth, twenty nineteen,
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Speaker 1: CVRA petitioner Jane do One filed her true name, a
16:35
Speaker 1: petition for a rid of mandamus in the United States
16:38
Speaker 1: Court of Appeals for the Eleventh Circuit, seeking review of
16:41
Speaker 1: the District Court's order denying all of her requested remedies.
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Speaker 1: In its response of brief, the government argued that, as
16:48
Speaker 1: a matter of law, the legal obligations under the CVRA
16:52
Speaker 1: do not attach prior to the government charging a case,
16:55
Speaker 1: and thus the CVRA was not triggered in the Southern
16:58
Speaker 1: District of Florida because no criminal charges were brought. Nevertheless,
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Speaker 1: during oral argument, the government conceded that the USAO had
17:06
Speaker 1: not been fully transparent with the petitioner and had made
17:09
Speaker 1: a mistake in causing her to believe that the case
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Speaker 1: was ongoing, when in fact, the NPA had been signed.
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Speaker 1: On April fourteenth, twenty twenty, a divided panel of the
17:18
Speaker 1: Court of Appeals denied the petition, ruling that cvra's rights
17:22
Speaker 1: do not attach until a defendant has been criminally charged.
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Speaker 1: On August seventh, twenty twenty, the court granted the petition
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Speaker 1: for rehearing in bank and vacated the panel's opinion. As
17:34
Speaker 1: of the date of this report, a briefing scheduled has
17:36
Speaker 1: been issued. An oral argument is set for December third,
17:39
Speaker 1: twenty twenty two. The initiation and scope of the opr's
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Speaker 1: investigation after The Miami Herald published its investigative report on
17:48
Speaker 1: November twenty eighth, twenty eighteen, US Senator Ben Sass, chairman
17:53
Speaker 1: of the Senate Judiciary Subcommittee on Oversight Agency Action, Federal
17:57
Speaker 1: Rights and federal courts sent a dec Zumber three, twenty eighteen,
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Speaker 1: letter to OPR, citing the Miami Herald's report and requesting
18:05
Speaker 1: that OPR opened an investigation into the instances identified in
18:10
Speaker 1: the reporting of possible misconduct by Department of Justice attorneys.
18:14
Speaker 1: On February sixth, twenty nineteen, the Department of Justice Office
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Speaker 1: of Legislative Affairs advised Senator Sas that the OPR had
18:22
Speaker 1: opened an investigation into the matter and would review the
18:26
Speaker 1: usao's decision to resolve the federal investigation of Epstein through NPA.
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Speaker 1: After the District Court issued its ruling in the CVR
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Speaker 1: A litigation on February twenty first, twenty nineteen. OPR included
18:40
Speaker 1: within the scope of its investigation an examination of the
18:43
Speaker 1: government's conduct and formed the basis for the court's findings
18:46
Speaker 1: that the USAO violated the CVRA in failing to afford
18:51
Speaker 1: victims a reasonable right to confer with the government about
18:54
Speaker 1: the NPA before the agreement was signed, and that the
18:57
Speaker 1: government affirmatively misled victims about the status of the federal investigation.
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Speaker 1: During the course of its investigation, OPR obtained and reviewed
19:06
Speaker 1: hundreds of thousands of records from the USAO, the FBI,
19:10
Speaker 1: and other department components, including the Office of the Deputy
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Speaker 1: Attorney General, the Criminal Division, the Executive Office for US Attorneys.
19:19
Speaker 1: The records included emails, letters, memoranda, and investigative materials. OPR
19:24
Speaker 1: also collected and reviewed materials relating to the state investigation
19:29
Speaker 1: and prosecution of Epstein. OPR also examined extensive publicly available information,
19:35
Speaker 1: including depositions, pleadings, orders, and other court records, and reviewed
19:39
Speaker 1: media reports and interviews, articles, podcasts, and books relating to
19:43
Speaker 1: the Epstein case. In addition to this extensive documentary review,
19:47
Speaker 1: OPR conducted more than sixty interviews of witnesses, including the
19:52
Speaker 1: FBI agents, their supervisors, and FBI administrative personnel, current and
19:57
Speaker 1: former USAO staff and attorneys, and informer department attorneys and
20:02
Speaker 1: senior managers, including a former Deputy Attorney General and a
20:05
Speaker 1: former Assistant Attorney General for the Criminal Division, and the
20:09
Speaker 1: former State Attorney and former Assistant State Attorney in charge
20:12
Speaker 1: of the state investigation of Epstein. OPR also interviewed several
20:17
Speaker 1: victims and attorneys representing victims, and reviewed written submissions from
20:21
Speaker 1: victims concerning victim contacts with the USAO and the FBI.
20:26
Speaker 1: OPR identified former us Attorney Acosta, three former USAO supervisors,
20:32
Speaker 1: and the a USA as subjects of its investigation based
20:36
Speaker 1: on preliminary information indicating that each of them was involved
20:40
Speaker 1: in the decision to resolve the case through the NPA
20:43
Speaker 1: or in the negotiations leading up to the agreement. OPR
20:47
Speaker 1: deems a current or a former department attorney to be
20:50
Speaker 1: the subject of its investigation when the individual's conduct is
20:54
Speaker 1: within the scope of opr's review and may result in
20:57
Speaker 1: a finding a professional misconduct. OPR reviewed prior public statements
21:02
Speaker 1: made by Acosta and another subject. All five subjects cooperated
21:06
Speaker 1: fully with opr's investigation. OPR requested that all of the
21:10
Speaker 1: subjects provide written responses detailing their involvement in the federal
21:15
Speaker 1: investigation of Epstein, the drafting and execution of the MPa,
21:19
Speaker 1: and decisions relating to victims notification and consultation. OPR received
21:25
Speaker 1: and reviewed written responses from all of the subjects and
21:28
Speaker 1: subsequently conducted extensive interviews of each subject under oath and
21:32
Speaker 1: before a court reporter. Each subject was represented by council
21:36
Speaker 1: and had access to relevant contemporaneous documents. Before the subject's
21:40
Speaker 1: OPR interview. The subjects reviewed and provided comments on their
21:45
Speaker 1: respective interview transcripts and on opr's draft report. OPR carefully
21:50
Speaker 1: considered the comments and made changes or noted comments as
21:54
Speaker 1: OPR deemed appropriate. OPR did not, however, alter its findings
21:59
Speaker 1: and conclusion. Finally, OPR reviewed relevant case law, statutes, regulations,
22:05
Speaker 1: department policy, and attorney professional responsibility rules as necessary to
22:10
Speaker 1: resolve the issues presented in this case and to determine
22:14
Speaker 1: whether the subjects committed professional misconduct. As part of its investigation,
22:19
Speaker 1: OPR examined the interactions between state officials and the federal
22:23
Speaker 1: investigators and prosecutors. But because OPR does not have jurisdiction
22:27
Speaker 1: over state officials, OPR did not investigate or reach conclusions
22:32
Speaker 1: about their conduct regarding the state investigation. Because opr's mission
22:36
Speaker 1: is to ensure that department attorneys adhere to the standards
22:40
Speaker 1: of professional conduct, opr's investigation focused on the actions of
22:44
Speaker 1: the subject attorneys rather than on determining the full scope
22:47
Speaker 1: of Epstein and his assistants criminal behavior. Accordingly, OPR considered
22:52
Speaker 1: the evidence and information regarding Epstein and his assistant's conduct
22:57
Speaker 1: as it was known to the subjects at the time
22:59
Speaker 1: they performed their duties as Department attorneys. Additional evidence and
23:03
Speaker 1: information that came to light after June thirtieth, two thousand
23:07
Speaker 1: and eight, when Epstein entered his guilty plea under the NPA,
23:10
Speaker 1: did not affect the subject's action prior to that date,
23:14
Speaker 1: and OPR did not evaluate the subject's conduct on the
23:17
Speaker 1: basis of that subsequent information. Opr's investigation occurred approximately twelve
23:23
Speaker 1: years after most of the significant events relating to the
23:26
Speaker 1: usao's investigation of Epstein, the NPA, and Epstein's guilty plea.
23:31
Speaker 1: As a result, many of the subjects and witnesses were
23:34
Speaker 1: unable to recall the details of events of their own
23:38
Speaker 1: or other's actions occurring in two thousand and six through
23:41
Speaker 1: two thousand and eight, such as conversations, meetings, or documents
23:44
Speaker 1: they reviewed at the time. However, opr's evaluation of the
23:49
Speaker 1: subject's conduct was aided significantly by extensive contemporaneous emails among
23:54
Speaker 1: the prosecutors and communications between the government and defense counsel.
23:58
Speaker 1: These records often referred to the interactions among the participants
24:02
Speaker 1: and described important decisions. In some instances, the basis for them,
24:08
Speaker 1: all right, we're going to wrap up this episode here
24:10
Speaker 1: and in the next episode we're going to pick up
24:12
Speaker 1: with the overview of the opr's analytical Framework. All of
24:17
Speaker 1: the information that goes with this episode can be found
24:20
Speaker 1: in the description box. What's up everyone, and welcome back
24:23
Speaker 1: to the Epstein Chronicles. In this episode, we're going to
24:26
Speaker 1: pick up where we left off with the OIG Report
24:30
Speaker 1: into Jeffrey Epstein and is NPA Part three Overview of
24:35
Speaker 1: the opr's Analytical Framework. Opr's primary mission is to ensure
24:41
Speaker 1: that the Department Attorneys perform their duties in accordance with
24:44
Speaker 1: the highest professional standards as would be expected of the
24:48
Speaker 1: nation's principal law enforcement agency. Accordingly, OPR investigates allegations of
24:54
Speaker 1: professional misconduct against current or former Department attorneys related to
24:58
Speaker 1: the exercise of the their authority to investigate, litigate, or
25:02
Speaker 1: provide legal advice. OPR also has jurisdiction to investigate allegations
25:07
Speaker 1: of misconduct against Department law enforcement agents when they relate
25:11
Speaker 1: to a Department attorney's allege professional misconduct. In its investigations,
25:16
Speaker 1: OPR determines whether a clear and unambiguous standard governs the
25:21
Speaker 1: conduct in question, or to the subject did not intentionally
25:25
Speaker 1: or recklessly violate the standard that governs the conduct. Then
25:29
Speaker 1: it concludes that the subject's conduct does not constitute professional misconduct.
25:33
Speaker 1: In some cases, OPR may conclude that a subject attorney's
25:37
Speaker 1: conduct does not satisfy the elements necessary for a professional
25:41
Speaker 1: misconduct finding, but that the circumstances warrant another finding. In
25:45
Speaker 1: such cases, OPR may conclude that a subject attorney exercise
25:50
Speaker 1: poor judgment, made a mistake, or otherwise acted inappropriately under
25:54
Speaker 1: the circumstances. OPR may also determine that the subject attorney's
25:58
Speaker 1: conduct was appropriated under the circumstances. Part four. Issues considered
26:05
Speaker 1: in this investigation, OPR considered two distinct sets of allegations.
26:09
Speaker 1: The first relates to the negotiation, execution and implementation of
26:13
Speaker 1: the NPA. The second relates to the USAOs interactions with
26:17
Speaker 1: Epstein's victims, and adherents to the requirements of the CVR.
26:21
Speaker 1: The two sets of issues are described below and are
26:24
Speaker 1: analyzed separately in this report a Negotiation, Execution and Implementation
26:31
Speaker 1: of the NPA. In evaluating whether any of the subjects
26:34
Speaker 1: committed professional misconduct, OPR considered whether any of the NPA's
26:39
Speaker 1: provisions violated a clear or unambiguous statute, professional responsibility, rule
26:44
Speaker 1: or standard, or department regulation or policy. In particular, OPR
26:50
Speaker 1: considered whether the NPA violated standards relating to one charging decisions,
26:55
Speaker 1: two declination of criminal charges, three deferred or non prosecution agreements,
27:01
Speaker 1: four plea agreements, five grants of immunity, or six the
27:06
Speaker 1: deportation of criminal aliens. The potentially applicable standards that OPR
27:11
Speaker 1: considered as to each of these issues are identified and
27:14
Speaker 1: discussed later in this report. OPR also examined whether the
27:18
Speaker 1: evidence establishes that any of these subjects were influenced to
27:22
Speaker 1: enter into the NPA or to include in the NPA
27:25
Speaker 1: terms favorable to Epstein because of improper motives such as
27:29
Speaker 1: a bribe, political consideration, personal interest, or favoritism. OPR also
27:35
Speaker 1: examined and discusses in the report significant events that occurred
27:39
Speaker 1: after the NPA was negotiated and signed that shed additional
27:42
Speaker 1: light on the usao's handling of the Epstein investigation. B
27:47
Speaker 1: the District Court's conclusion that the USAO A violated the CVRA.
27:52
Speaker 1: To address the district courts adverse judicial findings, OPR assessed
27:56
Speaker 1: the manner content and timing of the government's interactions with
27:59
Speaker 1: the victims both before and after the NPA was signed,
28:04
Speaker 1: including victim notification letters issued by the USAO and the FBI,
28:09
Speaker 1: and interviews conducted by the USAO. OPR considered whether any
28:14
Speaker 1: of the subject attorneys violated any clear and unambiguous standard
28:18
Speaker 1: governing victim consultation or notification. OPR examined the government's lack
28:24
Speaker 1: of consultation with the victims before the NPA was signed,
28:28
Speaker 1: as well as the circumstances relating to the District Court's
28:31
Speaker 1: findings that the USAO affirmatively misled Epstein's victims about the
28:36
Speaker 1: status of the federal investigation after the NPA was signed.
28:40
Speaker 1: Five opr's findings and conclusions. OPR evaluated the conduct of
28:45
Speaker 1: each subject and considered his or her individual role in
28:49
Speaker 1: various decisions and events. Acosta, however, made the pivotal decision
28:54
Speaker 1: to resolve the federal investigation of Epstein through a state
28:57
Speaker 1: base plea, and neither developed or approved the terms of
29:00
Speaker 1: the initial offer to the defense that set the beginning
29:03
Speaker 1: point for the subsequent negotiations that led to the NPA.
29:07
Speaker 1: Although Acosta did not sign the NPA, he participated in
29:11
Speaker 1: its drafting and approved it with knowledge of its terms.
29:14
Speaker 1: During his OPR interview, Acosta acknowledged that he approved the
29:18
Speaker 1: NPA and accepted responsibility for it. Therefore, OPR considers Acosta
29:23
Speaker 1: to be responsible for the NPA and for the actions
29:26
Speaker 1: of others subjected who implemented his decision. Acosta's overall responsibility
29:32
Speaker 1: for the government's interactions or lack of communication with the
29:35
Speaker 1: victims is less clear, but a Costa affirmatively made certain
29:38
Speaker 1: decisions regarding victim notification, and OPR evaluates his conduct with
29:43
Speaker 1: respect to those decisions. B Findings and conclusions relating to
29:48
Speaker 1: the government's interactions with the victims. OPR further concludes that
29:53
Speaker 1: none of the subject attorneys committed professional misconduct with respect
29:56
Speaker 1: to the government interactions with the victims. The subjects did
30:00
Speaker 1: not have a clear and unambiguous duty under the CVRA
30:04
Speaker 1: to consult with the victims before entering into the NPA
30:07
Speaker 1: because the USAO resolved the Epstein investigation without a federal
30:11
Speaker 1: criminal charge. Significantly, at the time the NPA was signed,
30:15
Speaker 1: the Department did not interpret CVR rights to attach them
30:19
Speaker 1: less and until federal charges had been filed and the
30:23
Speaker 1: federal courts had not established the unambiguous standard applying the
30:27
Speaker 1: CVRA before criminal charges were brought. In addition, OPR did
30:32
Speaker 1: not find any evidence that the lack of consultation was
30:35
Speaker 1: for the purpose of silencing victims. Nonetheless, the lack of
30:39
Speaker 1: consultation was part of a series of government interactions with
30:42
Speaker 1: the victims that ultimately led to the public and the
30:45
Speaker 1: court condemnation of the government's treatment of the victims, reflected
30:49
Speaker 1: poorly on the Department as a whole, and his contradictory
30:52
Speaker 1: to the department's mission to minimize the frustration and the
30:56
Speaker 1: confusion that victims of crime endure. OPR ton THEO mean
31:00
Speaker 1: that none of the subjects was responsible for communication sent
31:03
Speaker 1: to certain victims after the NPA was signed that described
31:07
Speaker 1: the case as under investigation and that failed to inform
31:10
Speaker 1: them of the NPA. The letters were sent by an
31:13
Speaker 1: FBI administrative employee who was not directly involved in the investigation,
31:18
Speaker 1: incorporated standard form language used by the FBI when communicating
31:22
Speaker 1: with victims, and were not drafted or reviewed by the subjects. Moreover,
31:26
Speaker 1: the statement that the matter was under investigation was not
31:30
Speaker 1: false because the government in fact continued to investigate the
31:33
Speaker 1: case in participation and anticipation that Epstein would not fulfill
31:38
Speaker 1: the terms of the NPA. However, the letters risked misleading
31:42
Speaker 1: the victims and contributed to victim frustration and confusion by
31:46
Speaker 1: failing to provide important information about the status of the investigation.
31:51
Speaker 1: The letters also demonstrated a lack of coordination between the
31:54
Speaker 1: federal agencies responsible for communicating with Epstein's victims, and showed
31:59
Speaker 1: a lack of attention to and oversight regarding communication with victims.
32:04
Speaker 1: After the MPa was signed, Acosta elected to defer the
32:07
Speaker 1: state attorney the decision whether to notify victims about the
32:10
Speaker 1: state's plea hearing pursue into the state's own victim rights requirements.
32:14
Speaker 1: Although Acosta's decision was within his authority and did not
32:17
Speaker 1: constitute professional misconduct, OPR concludes that Acosta exercised poor judgment
32:23
Speaker 1: when he failed to make certain that the state intended
32:26
Speaker 1: to and would notify victims identified through the federal investigation
32:30
Speaker 1: about the state plea hearing. His decision left victims uninformed
32:34
Speaker 1: about an important proceeding that resolved the federal investigation, an
32:38
Speaker 1: investigation about which the USAO had communicated with victims for months.
32:43
Speaker 1: It is also ultimately created the misimpression that the department
32:47
Speaker 1: intentionally sought the silence the victims. A costa fell to
32:51
Speaker 1: ensure that victims were made aware of a court proceeding
32:54
Speaker 1: that was related to their own cases, and thus he
32:56
Speaker 1: failed to ensure that victims were treated with forthrightness and dignity.
33:01
Speaker 1: OPR concludes that the decision to postpone notifying the victims
33:05
Speaker 1: about the terms of the NPA after it was signed,
33:08
Speaker 1: and the omission of information about the NPA during victim
33:11
Speaker 1: interviews and conversations with the victim's attorneys in two thousand
33:15
Speaker 1: and eight does not constitute professional misconduct. Contemporaneous records show
33:21
Speaker 1: that these actions were based on strategic concerns about creating impeachment,
33:25
Speaker 1: evidence that Epstein's victims had financial motives to make claims
33:29
Speaker 1: against them, evidence that he could use against victims out
33:32
Speaker 1: of trial, and were not for the purpose of silencing
33:35
Speaker 1: his victims. Nonetheless, the failure to reevaluate the strategy prior
33:39
Speaker 1: to interviews of victims and discussions with victims attorneys occurring
33:43
Speaker 1: in two thousand and eight led to interactions that contributed
33:46
Speaker 1: to victim's feelings that the government was intentionally concealing information
33:50
Speaker 1: from them. After examining the full scope and context of
33:54
Speaker 1: the government's interactions with victims, OPR concludes that the government's
33:58
Speaker 1: lack of transparency and its inc consistent messages led to
34:01
Speaker 1: victims feeling confused and ill treated by the government. Gay victims,
34:05
Speaker 1: and the public the misimpression that the government had colluded
34:09
Speaker 1: with Epstein's counsel to keep the NPA secret from the
34:11
Speaker 1: victims and undercut public confidence in the legitimacy of the
34:15
Speaker 1: resulting agreement. The overall result of the subjects handling of
34:20
Speaker 1: the case understandably left many victims feeling ignored and frustrated,
34:24
Speaker 1: and resulted in extensive public criticism. In some OPR concludes
34:29
Speaker 1: that the victims were not treated with the forthrightness and
34:32
Speaker 1: sensitivity expected by the department. All right, folks, so we're
34:36
Speaker 1: going to wrap up right there, and in the next
34:38
Speaker 1: episode dealing with the topic, we'll pick up where we
34:40
Speaker 1: left off. All of the information that goes with this
34:43
Speaker 1: episode can be found in the description box. What's up, everyone,
34:48
Speaker 1: and welcome back to the Epstein Chronicles. In this episode,
34:51
Speaker 1: we're going to continue on with the OIG report into
34:55
Speaker 1: Jeffrey Epstein's NPA Chapter one significant entity and individuals. The
35:01
Speaker 1: federal and local law enforcement agencies A, the Department of Justice,
35:06
Speaker 1: the U. S. Attorney's Office for the Southern District of Florida,
35:09
Speaker 1: and the Federal Bureau of Investigation. The Department of Justice
35:14
Speaker 1: is a cabinet level executive branch department headed by the
35:17
Speaker 1: United States Attorney General. The state admission of the Department
35:21
Speaker 1: is to enforce federal law and defend the interests of
35:24
Speaker 1: the United States, insure public safety, provide federal leadership in
35:28
Speaker 1: preventing and controlling crime, seek just punishment for those guilty
35:32
Speaker 1: of unlawful behavior, and insure the fair and impartial administration
35:36
Speaker 1: of justice. The Department enforces federal criminal law through investigations
35:41
Speaker 1: and prosecutions of violations of federal criminal statutes. It also
35:46
Speaker 1: engages in civil litigation. During the period relevant to this report,
35:50
Speaker 1: the Department had approximately one hundred and ten thousand employees
35:54
Speaker 1: in forty components. The Department's headquarters are in Washington, d C.
35:59
Speaker 1: And it conducts its work through field locations around the
36:02
Speaker 1: nation and overseas. The prosecution of federal criminal law is
36:07
Speaker 1: handled primarily through ninety four U. S. Attorney's offices, each
36:11
Speaker 1: headed by a presidentially appointed with advice and consent of
36:15
Speaker 1: the U S. Senate U S Attorney who has independent
36:18
Speaker 1: authority over his or her office, but is overseen by
36:21
Speaker 1: the Attorney General through the Deputy Attorney General. The department's
36:25
Speaker 1: Criminal Division, headed by an Assistant Attorney General, includes components
36:29
Speaker 1: which specialized areas of expertise that also prosecute cases, assist
36:34
Speaker 1: in the prosecutions handled by US Attorney's offices, and provide
36:38
Speaker 1: legal expertise and policy guidance. Among the Criminal Division components
36:42
Speaker 1: mentioned in this report are the Appellate Section, the Office
36:46
Speaker 1: of Enforcement Operations, the Computer Crime and Intellectual Property Section,
36:51
Speaker 1: and most prominently, the Child Exploitation and Obscenity Section. CEOs,
36:57
Speaker 1: based in the Washington d C, compromise attorneys and investigators
37:01
Speaker 1: who specialize in investigations and prosecuting child exploitation crimes, especially
37:07
Speaker 1: those involving technology, and they assist US Attorney's offices in investigations, trials,
37:13
Speaker 1: and appeals related to these offenses. CEOs provide advice in
37:17
Speaker 1: training to federal prosecutors, law enforcement personnel, and government officials.
37:22
Speaker 1: CEOs also work to develop and refine proposals for prosecution policies, legislation,
37:28
Speaker 1: government practices, and agency regulations. The U. S. Attorney's Manual USAM,
37:34
Speaker 1: revised in twenty eighteen and renamed the Justice Manual, is
37:38
Speaker 1: a compilation of department rules, policies, and guidance governing the
37:42
Speaker 1: conduct of department employees. It includes requirements for approval, buy
37:46
Speaker 1: or consultation with the Criminal Division or other divisions having
37:50
Speaker 1: responsibility for specific criminal enforcement, such as the Criminal Civil
37:55
Speaker 1: Rights Division. In this report, OPR applies the USAM provisions
37:59
Speaker 1: in a fee at the relevant time. During the period
38:02
Speaker 1: most relevant to this report, the Attorney General was Michael Mukhesy,
38:06
Speaker 1: the Deputy Attorney General was Mark Philippe, and the Assistant
38:10
Speaker 1: Attorney General for the Criminal Division was Alice Fisher. The
38:13
Speaker 1: Chief of CEOs was Andrew Osterbon. The U. S. Attorney's
38:18
Speaker 1: Office for the Southern District of Florida that handled federal
38:22
Speaker 1: matters in the Southern District of Florida's Judicial District, which
38:25
Speaker 1: covers the counties of Miami, Dade, Broward, Monroe, pom Beach, Martin,
38:29
Speaker 1: Saint Lucie, Indian River, Okechobee, and Highlands, an area of
38:34
Speaker 1: over fifteen thousand square miles. During the period relevant to
38:37
Speaker 1: this report, the USAO had a staff of approximately two
38:41
Speaker 1: hundred assistant US Attorneys and two hundred support personnel. The
38:45
Speaker 1: main office is in Miami. Staff branch offices are located
38:49
Speaker 1: in Fort Lauderdale, West Palm Beach, covering pom Beach County
38:52
Speaker 1: and Fort Pierce, and an unstaffed branch office is located
38:56
Speaker 1: in Key West. The West Palm Beach USAO d office
39:00
Speaker 1: is approximately seventy miles from the Miami office. The USAO
39:04
Speaker 1: is headed by the US Attorney. The second in command
39:07
Speaker 1: is the First Assistant US Attorney FAUSA, who serves as
39:12
Speaker 1: principal advisor to the US Attorney and supervises all components
39:16
Speaker 1: of the USAO, including the criminal, civil, and appellate divisions,
39:20
Speaker 1: each of which is headed by a chief. During the
39:23
Speaker 1: period relevant to this report, the West pom Beach office
39:26
Speaker 1: consisted of two criminal sections and was headed by a
39:30
Speaker 1: managing a USA. The Federal Bureau of Investigation is the
39:34
Speaker 1: principal federal law enforcement agency and is part of the department.
39:39
Speaker 1: It maintains field offices that work with US Attorney's offices.
39:43
Speaker 1: The FBI field office in Miami, headed by a special
39:46
Speaker 1: Agent in charge has satellite offices known as resident agencies,
39:50
Speaker 1: one of which is located in West Palm Beach and
39:53
Speaker 1: covers Palm Beach County. The Epstein investigation was handled by
39:57
Speaker 1: special agents assigned to a particular WESTB pom Beach Resident
40:01
Speaker 1: Agency squad headed by a Supervisory Special Agent. FBI responsibility
40:06
Speaker 1: for advising crime victims of their rights and victim services
40:09
Speaker 1: available to them is handled by non agent victim specialists.
40:13
Speaker 1: The following chart shows the department's organizational structure during the
40:17
Speaker 1: period relevant to this report, and if you click on
40:20
Speaker 1: the link, you'll be able to see that chart. B
40:23
Speaker 1: the state and local law enforcement agencies. Florida State criminal
40:26
Speaker 1: prosecutions are primarily managed by an Office of State Attorney
40:31
Speaker 1: in each of the state's twenty judicial circuits, headed by
40:34
Speaker 1: a state attorney who was elected to a four year term.
40:37
Speaker 1: Pom Beach County constitutes the fifteenth judicial Circuit. Barry Krisher
40:42
Speaker 1: was the elected state attorney for that circuit from nineteen
40:45
Speaker 1: ninety two until January of two thousand and nine, during
40:49
Speaker 1: the period relevant to this report. The Palm Beach County
40:52
Speaker 1: State Attorney's Office, based in the city of West Palm
40:55
Speaker 1: Beach had more than one hundred attorneys and several investigators,
40:59
Speaker 1: and the Crimes again An its Children unit, headed by
41:01
Speaker 1: Assistant State Attorney Lana Bellohovlik. The incorporated town of Palm
41:06
Speaker 1: Beach occupies the Coastal Barrier Island off the city of
41:10
Speaker 1: West Palm Beach. Its law enforcement agency is the Palm
41:13
Speaker 1: Beach Police Department. Michael Ryder, who joined the PBPD in
41:17
Speaker 1: nineteen eighty one, served as PBPD chief from two thousand
41:22
Speaker 1: and one to February two thousand and nine. The Palm
41:25
Speaker 1: Beach County Sheriff's Office, based in the city of West
41:28
Speaker 1: Palm Beach, is the largest law enforcement agency in the county.
41:31
Speaker 1: Through its Department of Corrections, the PbSO operates the main
41:35
Speaker 1: detention center, and during the period relevant to this report,
41:38
Speaker 1: housed minimum security detainees, including those on work release, at
41:43
Speaker 1: its stockade facility. The current sheriff has served continuously since
41:47
Speaker 1: January two thousand and five. Section two subject attorneys and
41:52
Speaker 1: their roles in the Epstein case. Alex Acosta was appointed
41:56
Speaker 1: intram us attorney for the Southern District of Florida in
41:59
Speaker 1: June to two thousand and five, at age thirty six.
42:02
Speaker 1: In June two thousand and six, President George W. Bush
42:06
Speaker 1: formally nominated at Acosta. After Senate confirmation, Acosta was sworn
42:10
Speaker 1: in as US Attorney in October two thousand and six.
42:14
Speaker 1: After graduating from law school, Acosta served a federal appellate clerkship,
42:19
Speaker 1: an eighteen month term as an associate at the firm
42:22
Speaker 1: of Kirkland and Ellis in Washington, d C. Approximately four
42:26
Speaker 1: years as a policy fellow and law school lecturer, and
42:29
Speaker 1: nearly two years as Deputy Assistant Attorney General in the
42:33
Speaker 1: Department's Civil Rights Division. He was presidentially appointed in two
42:36
Speaker 1: thousand and two as a member of the National Labor
42:39
Speaker 1: Relations Board and in two thousand and three as Assistant
42:42
Speaker 1: Attorney General in charge of the department's Civil Rights Division,
42:46
Speaker 1: where he served from August two thousand and three until
42:48
Speaker 1: his appointment as Interim U S Attorney and where he oversaw,
42:52
Speaker 1: among other things, the prosecution of human trafficking and child
42:56
Speaker 1: sex trafficking cases. As U S Attorney, Acosta's office was
43:00
Speaker 1: in the usao's Miami headquarters, although he traveled to the
43:05
Speaker 1: usao's branch offices. During Acosta's tenure as US Attorney the
43:09
Speaker 1: USAO initiated the federal investigation of Epstein, engaged in plead
43:14
Speaker 1: discussions with Epstein's council, and negotiated the federal non prosecution
43:18
Speaker 1: agreement that is the subject of this report. Acosta made
43:22
Speaker 1: the decision to resolve the federal investigation into Epstein's conduct
43:26
Speaker 1: by allowing Epstein to enter a state plea. Acosta was
43:30
Speaker 1: personally involved in the negotiations that led to the NPA,
43:33
Speaker 1: reviewed various iterations of the agreement, and approved the final
43:37
Speaker 1: agreement signed by the USAO. Acosta continued to provide supervisory
43:42
Speaker 1: oversight and to have meetings and other communications with Epstein's
43:46
Speaker 1: attorneys during the nine month period between the signing of
43:49
Speaker 1: the NPA on September twenty four, two thousand and seven,
43:53
Speaker 1: and Epstein's entry of a guilty plea in state court
43:55
Speaker 1: pursuant to the terms of the agreement on June thirtieth,
43:58
Speaker 1: two thousand and eight. On December eighth, two thousand and eight,
44:01
Speaker 1: after the presidential election and while Epstein was serving as
44:05
Speaker 1: state prison sentence, Acosta was formally recused from all matters
44:09
Speaker 1: involving the law firm of Kirkland Ellis, which was representing
44:12
Speaker 1: Epstein because Acosta had begun discussions with the firm about
44:16
Speaker 1: a possible employment. After leaving the USAO, in June two
44:20
Speaker 1: thousand and nine, Acosta became the dean of the Florida
44:24
Speaker 1: International University College of Law. In April twenty seventeen, Acosta
44:29
Speaker 1: became the us Secretary of Labor, but he resigned from
44:31
Speaker 1: that post effectively July nineteen, twenty nineteen, following public criticism
44:37
Speaker 1: of the usao's handling of the Epstein case. Jeffrey H.
44:42
Speaker 1: Slowman he joined the USAO in nineteen ninety as a
44:46
Speaker 1: line AUSA. In two thousand and one, he became deputy
44:49
Speaker 1: chief of the usao's Fort Lauderdale Branch Office of Narcotics
44:53
Speaker 1: and Violent Crime Section, and in two thousand and three
44:56
Speaker 1: became managing a USA for that branch office. In early
45:00
Speaker 1: two thousand and four, Slowman was appointed chief of the
45:03
Speaker 1: usao's Criminal Division. In October two thousand and six, Sloman
45:08
Speaker 1: became the FAUSA, and Slowman's office was located with Acostas
45:12
Speaker 1: in the Miami Office Executive Suite. As FAUSA, Sloman was
45:17
Speaker 1: responsible for supervising the civil, Criminal, and Appellate divisions, and
45:21
Speaker 1: he was part of the supervisory team that oversaw the
45:24
Speaker 1: Epstein investigation. Although Sloman had relatively little involvement in the
45:29
Speaker 1: decision and negotiations that led to the NPA and did
45:33
Speaker 1: not review it before it was signed, he personally negotiated
45:36
Speaker 1: an addendum to the NPA, which he signed on behalf
45:40
Speaker 1: of the USAO. In October of two thousand and seven,
45:43
Speaker 1: after subordinates Matthew Minchell and Andrew Lourie left the USAO,
45:47
Speaker 1: Sloman directly engaged with the line Ausa Marie Vilafauna on
45:52
Speaker 1: Epstein matters and participated in meetings and other communications with
45:56
Speaker 1: Defense Council. After Acosta was formed recused from the Epstein
46:01
Speaker 1: matter in two thousand and eight, Slowman became the senior
46:04
Speaker 1: USAO official supervising the matter. When Acosta left the USAO,
46:09
Speaker 1: Slowman became the acting us Attorney for the Southern District
46:12
Speaker 1: of Florida, and in January twenty ten, the Attorney General
46:16
Speaker 1: appointed Slowman to be the interim u S Attorney for
46:19
Speaker 1: the district. Slowman left the USAO to enter private practice
46:23
Speaker 1: in June twenty ten. Matthew Menchell joined the USAO in
46:27
Speaker 1: nineteen ninety eight after having served as a New York
46:30
Speaker 1: County Assistant District attorney for eleven years. After several years
46:34
Speaker 1: as a line AUSA, Menchell became chief of the usao's
46:39
Speaker 1: Major Crime Section. In October two thousand and six, Menchell
46:43
Speaker 1: became the Chief of the usao's Criminal Division based in Miami.
46:47
Speaker 1: A Criminal Division chief, Menchell was part of the supervisory
46:50
Speaker 1: team that oversaw the Epstein investigation, and he participated in
46:54
Speaker 1: meetings and other communications with Defense Council. Menchell participated in
46:59
Speaker 1: the distris decision to extend a two year state based
47:02
Speaker 1: plea proposal to Epstein and communicated it to the Defense.
47:06
Speaker 1: Shortly after that plea offer was extended to Epstein in
47:09
Speaker 1: early August two thousand seven, and before the precise terms
47:13
Speaker 1: of the NPA were negotiated with Defense counsel, Menchell left
47:16
Speaker 1: the usao's office to enter private practice. Andrew C. Lourie
47:21
Speaker 1: joined the USAO as a line USA in nineteen ninety
47:25
Speaker 1: four after having served for three years as an AUSA
47:29
Speaker 1: in Jersey. During his thirteen year tenure at the USAO,
47:33
Speaker 1: Laurie served two terms on detail as the acting chief
47:36
Speaker 1: of the department's Criminal Division's Public Integrity Section, first from
47:40
Speaker 1: September two thousand one until September two thousand two, and
47:44
Speaker 1: then from February two thousand and six until July two
47:46
Speaker 1: thousand and six. Between those two details and again after
47:50
Speaker 1: his return to the USAO in July of two thousand
47:53
Speaker 1: and six, louri was a Deputy Chief of the usao's
47:56
Speaker 1: Criminal Division, serving as the Managing aus SA for the
48:00
Speaker 1: West pom Beach Branch office. Lourie was part of the
48:03
Speaker 1: supervisory team that oversaw the Epstein investigation and negotiated the NPA,
48:08
Speaker 1: participating in meetings and other communications with Defense Council. During
48:13
Speaker 1: September two thousand and seven, while the NPA was being negotiated,
48:17
Speaker 1: Lourie transitioned out of the USAO to serve on detail
48:20
Speaker 1: as Principal Deputy Assistant Attorney General for the department's Criminal Division,
48:25
Speaker 1: a position which he served as chief of staff to
48:28
Speaker 1: assist an Attorney General, Alice Fisher. Lourie left the department
48:32
Speaker 1: in February two thousand and eight to enter private practice.
48:35
Speaker 1: Anne Marie Villafauna joined the USAO in September two thousand
48:40
Speaker 1: and one as a line a USA. She served in
48:43
Speaker 1: the Major Crime Section in Miami until January two thousand
48:46
Speaker 1: and four, when she transferred to the West pom Beach
48:49
Speaker 1: Branch office. Vila Fauna handled the majority of the child
48:53
Speaker 1: exploitation cases in the West Palm Beach along with other
48:56
Speaker 1: criminal matters. In two thousand and six, she was designated
49:00
Speaker 1: as the usao's first coordinator for Projects Save Childhood, a
49:04
Speaker 1: new department initiative focusing on child sexual exploitation and abuse.
49:09
Speaker 1: In two thousand six, Villa Fauna assumed responsibility for the
49:12
Speaker 1: Epstein investigation. As the line AUSA, Villa Fauna handled all
49:17
Speaker 1: aspects of the investigation. Villa Fauna determined the lines of
49:21
Speaker 1: inquiry to pursue, identify the witnesses to be interviewed, conducted
49:25
Speaker 1: legal research to support possible charges, and sought guidance from
49:29
Speaker 1: others at the USAO and in the department. Villa Fauna,
49:33
Speaker 1: along with FBI case agents and the FBI Victims Specialist,
49:37
Speaker 1: had direct contact with Epstein's victims. She handled CORP proceedings
49:40
Speaker 1: related to the investigation. She drafted a prosecution memorandum, indictment
49:45
Speaker 1: and related documents, and revised those documents in response to
49:48
Speaker 1: comments from those in her supervisory chain of command. Vila
49:52
Speaker 1: Fauna participated in meetings between members of the USAO and
49:56
Speaker 1: Council for Epstein, and prepared briefing materials for mans management
50:00
Speaker 1: in preparation for those meetings and then response to issues
50:04
Speaker 1: raised during those meetings. Although Acosta made the decision to
50:07
Speaker 1: utilize a non prosecution agreement to resolve the federal investigation
50:12
Speaker 1: and approve the terms of the NPA, Villa Fauna was
50:15
Speaker 1: the primary USAO representative negotiating with Defense Council and drafting
50:20
Speaker 1: the language of the NPA under her supervisor's direction in guidance,
50:24
Speaker 1: and she signed the NPA on behalf of the USAO. Thereafter,
50:28
Speaker 1: Villa Fauna monitored Epstein's compliance with the NPA and addressed
50:33
Speaker 1: issues relating to his conduct. After two victims pursued a
50:37
Speaker 1: federal civil lawsuit seeking enforcement of their rights under the
50:40
Speaker 1: Crime Victim's Rights Act US Code eighteen, Section thirty seven
50:44
Speaker 1: seventy one in July two thousand and eight, Villa Fauna
50:47
Speaker 1: served as co counsel to the lead attorney representing the
50:50
Speaker 1: USAO until February twenty nineteen, when the USAO was recused
50:55
Speaker 1: from handling litigation. Vilafauna left the USAO in Alli Gets
51:00
Speaker 1: twenty nineteen and joined another government agency. All right, we're
51:04
Speaker 1: going to wrap up this episode right here, and in
51:06
Speaker 1: the next episode, we're going to meet Jeffrey Epstein and
51:09
Speaker 1: his attorneys. All of the information that goes with this
51:12
Speaker 1: episode can be found in the description box. What's up, everyone,
51:16
Speaker 1: and welcome back to the Epstein Chronicles. In this episode,
51:21
Speaker 1: we're getting right back to the OIG report into Jeffrey
51:25
Speaker 1: Epstein's non prosecution agreement. Three. Jeffrey Epstein and his defense attorneys. Hey,
51:32
Speaker 1: Jeffrey Epstein. Jeffrey Epstein was born in Brooklyn, New York,
51:35
Speaker 1: in nineteen fifty three. Although he did not graduate from college,
51:39
Speaker 1: he taught physics and mathematics to teens at an elite
51:42
Speaker 1: private school in Manhattan from nineteen seventy four until nineteen
51:46
Speaker 1: seventy six. Through the connections made at the school, he
51:49
Speaker 1: was hired at the Wall Street firm of Bars Stearns,
51:52
Speaker 1: where he rose from junior assistant to a floor trader
51:55
Speaker 1: to become a limited partner before leaving in nineteen eighty one.
51:59
Speaker 1: And enigmatic individual whose source of wealth was never clear,
52:03
Speaker 1: Epstein reportedly provided wealth management and advisory services to a
52:07
Speaker 1: business entrepreneur through whom Epstein acquired a mansion in Midtown Manhattan,
52:13
Speaker 1: where he resided. In the early nineteen nineties, Epstein acquired
52:16
Speaker 1: a large residence in Palm Beach, Florida. He also owned
52:19
Speaker 1: a private island in the US Virgin Islands, a ranch
52:22
Speaker 1: in New Mexico, and a residence in Paris, France. He
52:26
Speaker 1: traveled among his residences in a private boeing seven to
52:29
Speaker 1: twenty seven jet Epstein reportedly was an investor, founder, or
52:34
Speaker 1: a principle in a myriad businesses and other entities in
52:38
Speaker 1: numerous locations. Although frequently referred to as a billionaire, the
52:41
Speaker 1: sources and extent of his wealth were never publicly established.
52:45
Speaker 1: During his lifetime, he associated with prominent and wealthy individuals
52:50
Speaker 1: from business, political, academic, and social circles, and engaged in
52:54
Speaker 1: substantial philanthropy. Epstein maintained a large core of employees, including
52:59
Speaker 1: housekeeping staff and pilots, as well as numerous female personal assistants,
53:04
Speaker 1: several of whom traveled with them. B Epstein's defense attorneys,
53:09
Speaker 1: Jeffrey Epstein employed numerous criminal defense attorneys in responding to
53:13
Speaker 1: the allegations that he had coarse girls into engaging in
53:17
Speaker 1: sexual activity with them at his Palm Beach, Florida state
53:20
Speaker 1: As different law enforcement entities became involved in investigating the allegations,
53:25
Speaker 1: he added attorneys having particular relevant knowledge of or connections
53:29
Speaker 1: with those entities. At the outset of the state investigation,
53:33
Speaker 1: Epstein retained nationally prominent Miami criminal trial attorney Roy Black.
53:38
Speaker 1: He was also represented by a local criminal defense attorney
53:42
Speaker 1: who was a former Palm Beach County assistant state attorney,
53:46
Speaker 1: and by nationally prominent Harvard Law School professor and criminal
53:50
Speaker 1: defense attorney Alan Dershowitz, who was a self described close
53:53
Speaker 1: friend of Epstein. After initial plea negotiations with the state
53:57
Speaker 1: attorney's office, Epstein replaced the local attorney with Jack Goldberger,
54:02
Speaker 1: a prominent West Palm Beach criminal defense attorney whose law
54:06
Speaker 1: partner was married to the assistant state attorney handling the
54:09
Speaker 1: Epstein case. Once Epstein hired Goldberger, the assistant state attorney
54:14
Speaker 1: was removed from the Epstein case on the basis of
54:17
Speaker 1: that conflict of interest. Another prominent attorney who began representing
54:21
Speaker 1: Epstein during the state investigation was New York City attorney
54:25
Speaker 1: Gerald Lefcourt, whose law firm website claims his national reputation
54:29
Speaker 1: for the aggressive defense of high profile defendants in criminal matters.
54:34
Speaker 1: In late two thousand and six, after the USAO opened
54:38
Speaker 1: its investigation, Epstein hired Miami criminal defense attorneys who were
54:42
Speaker 1: former ausas. One, Guy Lewis, had also served as the
54:47
Speaker 1: us Attorney for the Southern District of Florida and as
54:50
Speaker 1: director of the Department's Executive Office for the United States Attorneys,
54:54
Speaker 1: the component charge with providing close liaison between the Department
54:58
Speaker 1: and the state and the us Ataenttorneys. Another, Lilian Sanchez,
55:02
Speaker 1: had served in the USAO and as a Deputy chief
55:06
Speaker 1: in the Major Crime Section before leaving in two thousand
55:09
Speaker 1: and five. In August two thousand and seven, immediately after
55:12
Speaker 1: the USAO offered the terms that ultimately led to the NPA,
55:16
Speaker 1: two attorneys from the firm of Kirkland Dannellis, one of
55:19
Speaker 1: the largest law firms in the country, contacted the USAO
55:23
Speaker 1: on Epstein's behalf. Kenneth Starr, former federal judge and Solicitor General,
55:28
Speaker 1: who was serving as dean of Pepperdine University's School of
55:31
Speaker 1: Law while of council to the firm, and J. Lefkowitz,
55:35
Speaker 1: a litigation partner who had served in high level positions
55:38
Speaker 1: in the administrations of President George H. W. Bush and
55:42
Speaker 1: George W. Bush. They were joined by nationally prominent Boston
55:46
Speaker 1: criminal defense attorney Martin Weinberg. After the NPA was signed,
55:50
Speaker 1: former US Attorney Joe D. Whitley joined the defense team,
55:54
Speaker 1: as did former Principal Deputy Chief of CEOs and another
55:58
Speaker 1: former US attorney who was also a retired judge. Chapter two,
56:03
Speaker 1: the Non Prosecution Agreement, Part one Factual Background, Section one
56:09
Speaker 1: Overview in the following sections. In this chapter, the Office
56:13
Speaker 1: of Professional Responsibility OPR details the significant events leading to
56:17
Speaker 1: and during the federal investigation of Epstein, the negotiation and
56:23
Speaker 1: signing of the NPA, and the defense's subsequent nine month
56:26
Speaker 1: effort to stop the NPA from taking effect. OPR also
56:30
Speaker 1: describes more briefly, the events occurring after Epstein pled guilty
56:35
Speaker 1: in state court, as the USAO sought to hold him
56:38
Speaker 1: to the terms of the agreement. In describing events, OPR
56:42
Speaker 1: relies heavily on contemporaneous documents, particularly emails. In many instances,
56:47
Speaker 1: the emails not only describe meetings and identify the participants,
56:51
Speaker 1: but also set forth the issues under discussion. The alternatives considered,
56:56
Speaker 1: and the basis for certain decisions. When helpful to explain
56:59
Speaker 1: the u S actions taken by the subjects, OPR also
57:03
Speaker 1: includes the subject's explanations as provided in their written responses
57:07
Speaker 1: to or interviews with OPR, or explanations provided by witnesses.
57:14
Speaker 1: A timeline of key events is set forth on the
57:16
Speaker 1: following page section two. March two thousand and five through
57:20
Speaker 1: May two thousand and six, Epstein is investigated by the
57:24
Speaker 1: Palm Beach Police Department and the Palm Beach County State
57:27
Speaker 1: Attorney's Office. A the initial allegations and the pb PD investigation.
57:33
Speaker 1: In March two thousand and five, the parents of a
57:36
Speaker 1: fourteen year old girl reported to the Palm Beach Police
57:39
Speaker 1: that a man had paid their daughter three hundred dollars
57:41
Speaker 1: to give him a massage in his Palm Beach home.
57:45
Speaker 1: The Palm Beach Police began investigating Epstein, identified as the
57:49
Speaker 1: recipient of the massage, and two of his personal assistants
57:52
Speaker 1: who were also implicated by the complaint. The investigation soon
57:56
Speaker 1: expanded beyond the initial claim to encompass allegations that during
58:00
Speaker 1: two thousand and four and two thousand and five, through
58:03
Speaker 1: his female assistants. Epstein and some of the victims as well,
58:07
Speaker 1: regularly recruited local high school age girls to give him
58:10
Speaker 1: massages in his home that in some cases led to
58:14
Speaker 1: sexual activity. Through their interviews with victims, the police learned
58:17
Speaker 1: more about Epstein's conduct. Some girls had only had one
58:21
Speaker 1: encounter with Epstein, while others had many encounters with them.
58:24
Speaker 1: The nature of the massages varied, according to victims. Some
58:28
Speaker 1: girls remained fully clothed while they massaged Epstein, some wore
58:32
Speaker 1: only their underwear, and some were fully nude. Victims stated
58:35
Speaker 1: that during the massages, Epstein masturbated himself. Some victims alleged
58:40
Speaker 1: that he touched them during the massage, usually fondling their
58:43
Speaker 1: breasts or touching their vaginas directly or through their clothing.
58:47
Speaker 1: Some victims were reported that Epstein used a vibrator to
58:50
Speaker 1: masturbate them, and some stated that he digitally penetrated them.
58:55
Speaker 1: Some victims, who stated they saw him more often alleged
58:58
Speaker 1: that Epstein engaged in order and vaginal sex with them.
59:02
Speaker 1: According to one victim, an Epstein female assistant participated on
59:06
Speaker 1: at least one occasion in sexual activity with a victim
59:09
Speaker 1: at Epstein's direction. Although The allegations varied in the specific details.
59:14
Speaker 1: For the most part, they were consistent in describing a
59:17
Speaker 1: general pattern of conduct by Epstein and several of his assistants.
59:21
Speaker 1: According to the information provided to and evidence gathered by
59:25
Speaker 1: the Palm Beach Police, Epstein's assistant scheduled up to three
59:29
Speaker 1: massage appointments a day, often contacting the girls to make
59:32
Speaker 1: an appointment while Epstein was en route to Palm Beach
59:36
Speaker 1: from one of his other residences. Typically, when a girl
59:39
Speaker 1: arrived at Epstein's home for a massage, she was taken
59:42
Speaker 1: upstairs to the master bedroom and bathroom Mario by one
59:45
Speaker 1: of Epstein's assistants, who set up the massage table and
59:49
Speaker 1: the massage oils. When the assistant left the room, Epstein entered,
59:52
Speaker 1: wearing only a robe or a towel. After removing the clothing,
59:56
Speaker 1: Epstein laid face down and nude on the massage table,
1:00:00
Speaker 1: instructed the girl to remove her clothing, and then explained
1:00:02
Speaker 1: to her how he wished her to perform the massage.
1:00:06
Speaker 1: During the massage, Epstein masturbated himself, often while fondling the
1:00:09
Speaker 1: girl performing the massage. When Epstein climax the massage was over,
1:00:14
Speaker 1: usually Epstein paid the girl two hundred dollars for the massage,
1:00:18
Speaker 1: and if she had not been to his own before,
1:00:20
Speaker 1: Epstein asked her for her phone number to contact to
1:00:22
Speaker 1: her in the future. Epstein encouraged the girls to perform
1:00:25
Speaker 1: these massages to find other girls interested in performing massage's forum,
1:00:30
Speaker 1: and promised that if a girl brought a friend along
1:00:32
Speaker 1: to perform a massage, each girl would receive two hundred dollars.
1:00:36
Speaker 1: Several of the victims acknowledged to the pb PD that
1:00:39
Speaker 1: they had recruited other girls on Epstein's behalf. The evidence
1:00:43
Speaker 1: regarding Epstein's knowledge of the girl's ages was mixed. Some
1:00:47
Speaker 1: girls who recruited other girls reportedly instructed the new recruits
1:00:51
Speaker 1: to tell Epstein at vast that they were over eighteen
1:00:53
Speaker 1: years old. However, some girls informed the PBPD that they
1:00:58
Speaker 1: told Epstein their real ages. Police were able to corroborate
1:01:02
Speaker 1: one girl's report that Epstein sent flowers to her at
1:01:05
Speaker 1: her high school after she performed in a school play.
1:01:08
Speaker 1: In addition, an employee of Epstein told the PBPD that
1:01:12
Speaker 1: some of the females who came to Epstein's residence appeared
1:01:15
Speaker 1: to be under age. Epstein was aware of the PBPD
1:01:19
Speaker 1: investigation almost from the beginning, he retained local criminal defense counsel,
1:01:24
Speaker 1: who in turn hired private investigators. In October two thousand
1:01:28
Speaker 1: and five, the PBPD, with the assistance of the State's
1:01:31
Speaker 1: Attorney's office, obtained a search warrant for Epstein's residence. When
1:01:35
Speaker 1: police arrived at Epstein's home on October twentieth, two thousand
1:01:39
Speaker 1: and five, to execute the warrant, they found computer monitors
1:01:42
Speaker 1: and keyboards in the home, as well as disconnected surveillance cameras,
1:01:46
Speaker 1: but the computer equipment itself, including video recordings and other
1:01:50
Speaker 1: electronic storage media, were gone. Nonetheless, the PBPD retrieved some
1:01:55
Speaker 1: evidence from Epstein's home, including notepads on which Abstein's assistants
1:02:00
Speaker 1: documented messages from many girls over a two year span,
1:02:04
Speaker 1: returning phone calls to confirm appointments. The police also found
1:02:08
Speaker 1: numerous photographs of naked young females of indeterminate age. Police
1:02:13
Speaker 1: photographs taken of the interior of Epstein's home corroborated the
1:02:16
Speaker 1: victim's descriptions to police of the layout of the home
1:02:20
Speaker 1: and the master bedroom and bathroom area. The police also
1:02:23
Speaker 1: found massage tables and oils. One victim's high school transcript
1:02:27
Speaker 1: and items the police believed to be sex toys. All right,
1:02:31
Speaker 1: we're going to wrap up right here, and in the
1:02:33
Speaker 1: next episode, we're going to pick up where we left off,
1:02:36
Speaker 1: and that's with Part B. The State attorney's office decides
1:02:39
Speaker 1: to present the case to a state grand jury. All
1:02:43
Speaker 1: of the information that goes with this episode can be
1:02:46
Speaker 1: found in the description box.