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Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 45-47) (7/4/26) · The Vault: The Epstein Files

0:00
Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
0:04
This episode, we're going to pick up where we left
0:06
off with the OIG report into Jeffrey Epstein's NPA A.
0:11
The case agents in Villa Fauna solicit some victims' opinions
0:15
about resolving the federal investigation. Villa Fauna told OPR that
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when she and the case agents met with the victims,
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we would ask them how they wanted the case to
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be resolved, and most of them wanted the case to
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be resolved via a plea. Some of them wanted him
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not to be prosecuted at all. Most of them did
0:33
not want to have to come to court and testify.
0:36
They were very worried about their privacy rights. Some of
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them wanted him to go to jail, but some of
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them talked about bad experiences with the State Attorney's office,
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and so I felt like sending them back to the
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State Attorney's office was not something that they would have supported.
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Villa Fauna told OPR that she also recalled that some
0:55
victims expressed concern about their safety and were worried that
0:59
Epstein would find out about their participation in the investigation.
1:03
In her twenty seventeen declarations submitted in the CVRA litigation,
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Villafana stated that the two CVRA petitioners never communicated their
1:12
desire to me or the FBI case agents, and my
1:15
role was to evaluate the entire situation, consider the input
1:19
received from all the victims, and allow the office to
1:22
exercise its prosecutorial discretion accordingly. She also noted that some
1:27
victims feared having their involvement with Epstein revealed and the
1:30
negative impact it would have on their relationships with family members, boyfriends, etc.
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In the FBI case agents twenty seventeen declaration filed in
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the CVRA litigation, she stated during interviews conducted from two
1:43
thousand and six to two thousand and eight, no victims
1:45
expressed a strong opinion that Epstein be prosecuted. She further
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described the concerns of some of the victims. Throughout the investigation,
1:53
we interviewed many of Epstein's victims. A majority of the
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victims expressed concern about the possible disclosure of their identity
2:00
to the public. A number of the victims raised concerns
2:03
about having to testify and or their parents finding out
2:06
about their involvement with mister Epstein. Additionally, for some victims
2:11
learning of the Epstein investigation and possible exposure of their
2:14
identities cause them emotional distress. Overall, many of the victims
2:19
were troubled about the existence of the investigation. They displayed
2:23
feelings of embarrassment and humiliation, and were reluctant to talk
2:27
to investigators. Some victims who were identified through the investigation
2:32
refused even to speak with us. Our concerns about the
2:35
victims well being and getting to the truth were always
2:38
at the forefront of our handling of the investigation. The
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case agent told OPR that although she encountered victims who
2:45
were strong and believable, she did not encounter any who
2:49
vigorously advocated for the prosecution of Epstein. Rather, they were embarrassed,
2:53
didn't want their parents to know, and wanted to forget.
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As of September twenty fourth, two thousand and seven, the
3:00
date the NPA was signed, Villa Fauna informed Epstein attorney
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Lefkowitz that she had compiled a preliminary list of victims,
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including thirty four confirmed the miners and six other potential
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minor victims who had not yet been interviewed by the FBI.
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Although the government had contacted many victims before the NPA
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was signed. Villa Fauna acknowledged during the CVRA litigation that
3:22
individual victims were not consulted regarding the agreement B before
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the NPA is signed. Villa Fauna expresses concern that victims
3:31
have not been consulted before the NPA was signed. Villa
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Fauna articulated to her supervisor's concerns about the government's failure
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to consult with the victims. One July two thousand seven.
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Vilafauna's email exchanges with Menchel. In July two thousand seven,
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Villa Fauna learned that Menchell had discussed with defense counsel
3:50
Sanchez a possible state resolution to the federal investigation of Epstein.
3:56
Villafana was upset by this information and sent a strongly
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worded email to Menel voicing her concerns. A full account
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of their email exchange is set forth at Chapter two,
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Part one, Section four A two. In that email, she
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told them that it was inappropriate for you to make
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a plea offer that you know is completely unacceptable to
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the FBI, ice, the victims, and me. These plea negotiations
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violate all of the various iterations of the victims' rights legislation,
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Vila Fauna explained to OPR her reference to the victims,
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My concern was that Menchell was violating the CVRA, which
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requires the attorneys for the government, which includes me, to
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confer with the victims, and the VRRA, which requires the
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agents to keep the victims apprized of what's happening with
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the case. So, in essence, I felt like he was
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exposing both myself and the agent's allegations of not abiding
4:47
by our obligations by engaging in these plea negotiations without
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letting us know about it. In his reply to Villafauna's email,
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and after noting that he found her email totally inappropriate,
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Menchell denied that he had violate any department policy, and
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he noted that as Chief of the Criminal Division, I'm
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the person designated by the US Attorney to exercise appropriate
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discretion in deciding whether certain pleas are appropriate and consistent
5:12
with departmental policy. Perceiving Menchell's rebuke as criticism of her judgment,
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Villafana responded, raising concerns about the forgotten voices of victims
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in this case should not be classified as a lapse
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of judgment, and that her first and only concern in
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this case is the victims. Menchell told ol PR that
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he did not view this conversation with Sanchez as a
5:33
plea offer, asserted that he was not obligated to consult
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with victims during preliminary settlement negotiations, and noted that he
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left the USAO before the NPA was fully negotiated or signed.
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Menchell told oh PR that you have discussions with the
5:48
defense all the time, and the notion that even just
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having a general discussion is something that must be vetted
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with victims is not even in the same universe as
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to how I think about this. Menchell also observed that
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on the very day that Villa Fauna criticized him for
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engaging in settlement negotiations without consulting her, the FBI, or
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the victims, Villa Fauna had herself sent an email to
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Sanchez offering to discuss the possibility of a federal resolution
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of mister Epstein's case that could run concurrently with any
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state resolution without having spoken to the victims about her proposal. Two.
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Villa Fauna asserts that her supervisors gave instructions not to
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consult victims about the plea discussions, but her supervisors do
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not currently recall such instructions. Villa Fauna told OPR that
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during an early meeting with a cost of Sloman and Menchel,
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which took place when we were probably just entering into
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PLEA negotiations, she raised the government's obligation to confer with victims. Initially,
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Villa Fauna told OPR she was instructed don't talk to
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the victims, don't tell them what's happening, but she was
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not told why she should not speak to the victims,
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and she cannot recall who gave her this instruction. In
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a subsequent OPR interview, Villa Fauna recalled that when she
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raised the issue of notification during the meeting, she was
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told PLEA negotiations are confidential, you can't disclose them. Villa
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Fauna remained uncertain who gave her this instruction, but believed
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it may have been a Costa. Neither Acosta, Slowman nor
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Menchal recalled a meeting at which Villa Fauna was directed
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not to notify the victims. A Costa told OPR that
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the decision whether to solicit the victim's view is something
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that I think was the focus of the trial team
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and not something that I was focused on. At least
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not at the time, and he did not recall discussions
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about victim notification until after the NPA was signed. Slowman
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also told OPR that he did not recall a meeting
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at which victim notification was discussed. Menchell wrote his response
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to OPR, I have no recollection of any discussions or
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decisions regarding whether the USAO should notify victims of its
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intention to enter into a precharged disposition of the Epstein matter. Furthermore,
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Mencheal told OPR he could not think of a reason
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why the issue of victim notification would have arisen before
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he left the USAO, because we were way off from
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finalizing or having anything even close to a deal, and
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it would have been premature to consider notification. Three September six,
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two thousand and seven, Villa Fauna informed Slowman, who informs Acosta,
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of Osterbond's opinion that consultation with victims was required. On
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September sixth, two thousand and seven, and a lengthy email
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to Slowman responding to his question about the governments then
8:27
pending offer to the defense, Vila Fanna raised the victim
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consultation issue, advising that the agents and I have not
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reached out to the victims to get their approval, which,
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as CEOs Chief Osterbond politely reminded me, is required under
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the law, and that the Palm Beach Police Department chief
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wanted to know if the victims had been consulted about
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the deal. Sloman forwarded this email to Acosta. Villa Fauna
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recalled that Slowman responded to her email by telephone, possibly
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after he had spoken to Acosta, and stated, you can't
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do that now. Villa Fauna did not recall Slowman explaining
9:02
at the time the reason for that instruction. Vila Fauna
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told OPR that shortly before the NPA was signed, Slowman
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told her, we've been advised that precharge resolutions do not
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require victim notification. Sloman did not recall any discussions before
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the NPA was signed about contacting the victims or conferring
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with them regarding the potential resolution of the case. Slowman
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told OPR that he did not think that we had
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to consult the victims prior to entering into the NPA,
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and we did not have to seek approval from victims
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to resolve the case. We did have an obligation to
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notify them of the resolution in filed cases. Sloman said
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that no one other than Villa Fauna raised a notification issue,
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and because the USAO envisioned the state court resolution of
9:47
the matter, Slowman did not think we had to consult
9:50
with victims prior to entering into the NPA. Lourie told
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OPR that he had no memory of Villa Fauna being
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directed not to speak to the victims about the NPA. Similarly,
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the attorney who assumed Lorie's supervisory duties after Lori transitioned
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to his detail in the department told OPR that he
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did not recall any discussions regarding victim notification and he
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assumed that was being handled. Acosta did not recall the
10:15
September sixth, two thousand and seven email, but told OPR
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that there is no requirement to notify the victims because
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it's not a plea. It's deferring in favor of state prosecution.
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Acosta told OPR that he could not recall any pre
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NPA discussions regarding victim notification or any particular concern that
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factored into the decision not to consult with the victims
10:37
before entering into the NPA. Ultimately, Acosta acknowledged the OPR clearly,
10:42
given the way it's played out, it may have been
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much better if we had consulted with the victims. CEO's
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chief Osterbahd told OPR that he disagreed with the USAO
10:53
stance that the CVR did not require pre charge victim consultation,
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but in his view, the USAO posture was not an
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abusive discretion or an ethical issue, but rather reflected a
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serious and legitimate disagreement regarding the cvra's requirements. Osterband's disagreement
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was based on policy considerations, and he told OPR from
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a policy perspective, CEOs would not take a position that
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wouldn't consult with the victims. Osterbond was told OPR that
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whether or not the law required it, the victims should
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have been given an opportunity to weigh directly, but he
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did not fault the usao's motivations for failing to provide
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that opportunity. The people I know, Andy Jeff were trying
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to do the right thing. They weren't acting on ethically.
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I just disagree with the outcome, but the point is
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they were trying to do the thing that was proper.
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It was more of this question of you can let
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the victims weigh in on this. You can get their
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input on this, and maybe it doesn't sway you. You
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still do what you're going to do. But it's hard
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to say it was a complete, completely clean exercise of
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prosecutorial discretion when the USAO didn't really know what the
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victims would say, Slowman told OPR, I don't think we
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had a concern about entering into the NPA at that
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point in terms of notifying victims. I was under the
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perception that once the NPA was entered into and Epstein
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was going to enter a guilty plea in state court,
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that we were going to notify the victims. All right, folks,
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we're gonna wrap up right there, and then the next
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episode we're gonna pick up with Part seven September twenty fourth,
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two thousand and seven. June thirtieth, two thousand and eight,
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After the NPA is signed, the USAO makes various victim
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notification decisions. All of the information that goes with this
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episode can be found in the description box. What's up, everyone,
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and welcome back to the Epstein Chronicles. In this episode,
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we're gonna pick up where we left off with the
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OIG report into Jeffrey Epstein's NPA part seven September twenty fourth,
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two thousand and seven through June thirtieth, two thousand and eight.
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After the NPA is signed, the USAO makes various victim
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noticecation decisions. The contemporaneous emails may clear that once the
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NPA was signed, Villa Fauna and the case agents planned
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to inform the victims about the resolution of the federal investigation. However,
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the emails also show that the USAO was unclear about
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how much information could be given to the victims in
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light of the NPA's non disclosure provision, and consulted with
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Epstein's defense counsel regarding victim notifications. As a result, although
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the expectation in the USAO was the victims would be
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informed about the NPA, the monetary Damage's provision, and the
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state plea, the USAO became entangled in more negotiations with
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the defense attorneys, who strongly objected to the government's notification plan.
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In addition, Villa Fauna and the case agents grew concerned
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that notifying the victims about the NPA Monetary Damage's provision
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would damage the victim's credibility if Epstein breached the NPA.
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And the case went to trial. DA Costa decided to
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defer to the state attorney's discretion whether to notify the
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victims about the state plea, and information about the NPA
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and the monetary damage's provision was not provided to victims
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until after Epstein pled guilty in June of two thousand
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and eight. Hey September through October two thousand and seven,
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the case agents notify some victims about the NPA, but
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stop when the case agent becomes concerned about potential impeachment.
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In transmitting the signed NPA to Villafauna. On September twenty fourth,
14:31
two thousand and seven, defense attorney left Golwitz asked Villa
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Fauna to do whatever you can to prevent the NPA
14:37
from becoming public. Villa Fauna forwarded this email to Acosta, Lori,
14:42
and the New West Palm Beach manager, noting that I
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don't intend to do anything with it except to put
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it in the case file. A Costa responded that he
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thought the NPA already binds us not to make it
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public except as required by law or Freedom of Information Act,
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and noted that because the USAO would not proactively inform
15:01
the media about the NPA, this is the state attorney's show,
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a Costa added, in other words, what more does he want?
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Villafana responded, my guess is that if we tell anyone else,
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like the police chief or the FBI or the girls,
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that we ask them not to disclose. Laurie agreed, noting
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that there really is no reason to tell anyone all
15:21
the details of the non prosecution or provide a copy.
15:25
The Palm Beach chief was only concerned that he not
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gets surprised by all this. A Costa responded that he
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would set up a call on September twenty six, two
15:33
thousand and seven, to talk about who we can tell
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and how much. Also on September twenty fourth, two thousand seven,
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Villa Fauna emailed the new West Palm Beach manager to
15:43
inform them that once the attorney representative was appointed for
15:47
the victims, she planned to meet with the girls myself
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to explain how the system for obtaining relief under US
15:53
Code eighteen, Section twenty two fifty five will work. Villa
15:57
Fauna also emailed left Quwitz, stating that she plan to
16:00
discuss with them what I can tell you the attorney
16:03
representative and the girls about the agreement and She assured
16:06
lef Kuwitz that her office is telling chief writer not
16:09
to disclose the outcome to anyone. Villa Fauna also provided
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lef Kuwitz with a list of potential candidates for the
16:16
attorney representative position and advanced for an attorney representative who
16:20
would minimize press coverage of the matter. On September twenty six,
16:24
two thousand and seven, Villa Fauna email left Kuwitz to
16:27
request guidance on informing the victims about the NPA. Can
16:31
you give me a call on meeting with the agents
16:33
and want to give them there are marching orders regarding
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what they can tell the girls. Villafanna told OPR that
16:39
because the government and the defense had not agreed on
16:42
the attorney representative for the victims, she reached out to
16:45
the defense at the direction of either Acosta or Sloman,
16:49
in order to coordinate how to inform the victims about
16:52
the resolution of the case and the fact that there
16:54
would be an attorney to assist them in recovering monetary
16:57
damages from Epsteinauna told OPR that the defense responded to
17:02
her email by complaining to her supervisors that she should
17:06
not be involved in such notifications. According to Villa Fauna.
17:09
Sloman then directed her to have the case agents make
17:12
the victim notifications. Accordingly, Villa Fauna directed the case agents
17:16
to me with the victims to provide them with information
17:19
regarding the terms of the NPA and the conclusion of
17:22
the federal investigation. The case agent told OPR that there
17:26
was a discussion that Marie and I had as to
17:29
how we would tell them and what we would tell them,
17:32
and that was I don't recall, but it was the
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terms of the agreement. Villafana believed that if victims were
17:38
properly notified of the terms of the NPA that applied
17:41
to them regarding their right to seek damages from Epstein
17:44
and he paid those damages, that the rest of the
17:47
NPA doesn't need to be disclosed. Villafauna anticipated that the
17:51
case agents would be able to inform the victims of
17:54
the date of the state court change of plea, and
17:56
that date had not yet been set by state authorities
17:59
at the time the first victims were notified by the FBI.
18:03
Philafauna told OPR that it was her belief that because
18:07
the USAO had agreed to a confidentiality clause, the government
18:11
could not disclose the NPA to the general public, but
18:14
victims could be informed because by its terms, they needed
18:18
to be told what the agreement was about. Villa Fauna
18:21
told OPR that no one in her supervisory chain expressed
18:25
the concerns that a victims learned of the NPA, they
18:27
would try to prevent Epstein from entering a plea. Within
18:31
a week after the NPA was signed, news media began
18:34
reporting that the parties had reached a deal to resolve
18:37
the Epstein case. For example, on October one, two thousand
18:40
and seven, the New York Post reported that Epstein has
18:43
agreed to plead guilty to soliciting underage prostitutes at his
18:47
Florida mansion in a deal that will send him to
18:50
prison for about eighteen months, and noted that Epstein would
18:53
plead guilty in state court and that the Feds have
18:56
agreed to drop their probe into possible federal criminal violation
19:00
in exchange for the guilty plea to the new state charge.
19:03
The case agent recalled informing some victims that there was
19:07
an agreement reached and we would not be pursuing it federally.
19:10
In October two thousand and seven, for example, the case
19:13
agents met with victim Courtney Wilde to adviser of the
19:16
main terms of the non prosecution agreement. According to the
19:20
case agent, during the meeting, the case agent's wholewild that
19:23
an agreement had been reached, mister Epstein was going to
19:26
plead guilty to two state charges and there would not
19:29
be a federal prosecution. However, in a declaration filed in
19:33
twenty fifteen in the CVRA litigation, wild described the conversation differently.
19:38
The agents explained that Epstein was also being charged in
19:42
state court and may plead to state charges related to
19:45
some of his other victims. I knew that state charges
19:48
had nothing to do with me. During this meeting, the
19:50
agents did not explain that an agreement had already been
19:53
signed that precluded any prosecution of Epstein for federal charges
19:57
against me. I did not get the opportunity to meet
20:00
or to confer with the prosecuting attorneys about any potential
20:04
federal deal that related to me or the crimes committed
20:07
against me. My understanding of the agent's explanation was the
20:11
federal investigation would continue. I also understood that my own
20:16
case would move forward towards prosecution of Epstein. In addition,
20:20
the case agent spoke to two other victims relayed their
20:23
reactions to Villafauna via an email. Jane Doe number fourteen
20:27
asked why Epstein was receiving such a light jail sentence,
20:31
and Jane Doe number thirteen has asked for our victim
20:34
witness coordinator to get in touch with her so she
20:37
can receive some much needed professional counseling. Other than that,
20:41
their response was filled with emotion and grateful to the
20:44
federal authorities for pursuing justice and not giving up. The
20:48
case agent told OPR that when she informed one of
20:51
these victims, that individual cried and expressed the sense of relief.
20:55
Counsel for Jane Do thirteen told OPR that while his
20:59
client recalled meeting with the FBI on a number of occasions,
21:02
she did not recall receiving any information about Epstein's guilty plea.
21:07
In a letter to OPR, Jane No. Number fourteen's attorney
21:10
stated that although her client recalled speaking with an FBI agent,
21:14
she was not told about the NPA or informed that
21:17
Epstein would not face federal charges in exchange for a
21:20
state court plea. After meeting with these victims, the FBI
21:24
case agent became concerned that if Epstein breached the NPA
21:29
and the case went to federal trial, the defense could
21:31
use the victims knowledge of the NPA's monetary damages provision
21:35
as a basis to impeach the victims. The case agent
21:38
explained to OPR that she became uncomfortable talking to the
21:42
victims about the damage's provision and that as the lead investigator,
21:46
if we end up going to trial, if mister Epstein
21:49
breached this, that I would be on the stand testifying
21:53
that I told every one of these girls that they
21:55
could sue mister Epstein for money, and I was not
21:58
comfortable with that. I didn't think it was right. Similarly,
22:02
the co case agent told OPR, that's why we went
22:05
back to Marie Villa Fauna, and we're not comfortable now
22:08
putting this out there because it's likely that the case
22:10
agent and I are going to have to take the
22:12
stand if it went to trial, and this could be
22:15
a problem. Villa Fauna told OPR that the case agents
22:18
were concerned they would be accused of offering a bribe
22:21
for victims to enhance their stories, and that the defense
22:25
would try to have Villa Fauna or the case agents
22:27
removed from the case. Both the lead case agent and
22:31
Villa Fauna told OPR that after the FBI I raised
22:34
with Villa Fauna a concern that notifying the victims could
22:37
create potential impeachment material in the event of a breach
22:41
and subsequent trial, they contacted the usao's Professional Responsibility Officer
22:46
for advice. Villa Fauna recalled that during a brief telephone consultation,
22:51
the Professional Responsibility Officer advised her and the case agent
22:55
that it's not really that big of a concern, but
22:58
if you're concerned about it, then you should stop making
23:01
the notification. In her twenty seventeen CVRA declaration, the case
23:06
agent stated that after conferring with the USAO, the case
23:09
agent stopped notifying victims about the NPA. B October two
23:14
thousand and seven. Defense attorneys object to government victim notifications.
23:19
While the case agents and Villa Fauna ordered the impact
23:22
that notifying the victims about the resolution of the case
23:25
might have had on a potential trial. Defense Council also
23:28
raised concerns about what the victims could be told about
23:32
the NPA, as discussed in Chapter two. After the NPA
23:36
was signed on September twenty fourth, two thousand and seven,
23:39
the USAO proposed using a special master to select the
23:43
attorney representative for the victims, which led to further discussions
23:46
about the twenty two to fifty five provision. On October fifth,
23:51
two thousand and seven, when Defense Attorney left Kowitz sent
23:54
Villa Fauna a letter responding to the usao's proposal to
23:57
use a special master. He cautioned that neither federal agents
24:01
nor anyone from your office should contact the identified individuals
24:05
to inform them of the resolution of the case, because
24:08
such communications would violate the confidentiality of the agreement and
24:13
would prevent Epstein from having control over what is communicated
24:17
to be identified individuals at this most critical stage. Lefkowitz
24:21
followed this communication with an October tenth, two thousand and seven,
24:24
letter to Acosta, arguing that neither federal agents nor anyone
24:28
from your office should contact the identified individuals to inform
24:32
them of the resolution of the case. Rather, Lefkowitz wanted
24:36
to participate in crafting a mutually acceptable communication to the
24:40
identified individuals. On October twenty three, two thousand and seven,
24:45
Villafauna raised the issue of victim notification with Sloman, stating
24:50
we also have to contact the victims to tell them
24:52
about the outcome of the case and to advise them
24:55
that an attorney will be contacting them regarding possible claims
24:58
against mister Epstein. If we don't do that, it may
25:01
be a violation of the Florida Bar rules for the
25:04
selected attorney to cold call the girls, as discussed in
25:07
greater detail in chapter two. On October twenty third, two
25:11
thousand and seven, left Kowitz sent Acosta a letter stating
25:14
that Epstein expected to enter a guilty plea in state
25:16
court on November twentieth, two thousand and seven, and thanking
25:20
Acosta for agreeing on October twelfth, two thousand and seven,
25:24
not to contact any of the identified individuals, potential witnesses,
25:28
or potential civil claimants and their respective council in this matter.
25:32
Shortly thereafter, Sloman drafted a response to lef Kowitz letter,
25:36
which A Costa revised to clarify the inaccurate representations made
25:40
by Lefkowitz, in particular noting that Acosta did not agree
25:44
to a gag order with regard to victim contact. The
25:47
draft response is revised by Acosta stated you should understand, however,
25:52
that there are some communications that are typical in these matters.
25:56
As an example, our office has an obligation to contact
25:59
the victims to inform them that either the Special Master
26:03
or his designee will be contacting them. Rest assured that
26:06
we will continue to treat this matter as we would
26:09
any similarly situated case. In a November fifth, two thousand
26:13
and seven letter, Slowman canplain to Lefkowitz that private investigators
26:17
working for Epstein had been contacting victims and asking whether
26:21
government agents had discussed financial settlements with them. Sloman noted
26:26
that the private investigator's actions are troublesome because the FBI
26:29
agents legally are required to advise the victims of the
26:32
resolution of the matter, which includes informing them that as
26:36
part of the resolution, mister Epstein has agreed to pay
26:39
damages in some circumstances. That same day, Villa Fauna emailed
26:44
Slowman expressing her concern that if we file charges now,
26:47
cross examination will consist of and the government told you
26:51
that if mister Epstein is convicted, you are entitled to
26:53
a large amount of damages. Right, all right, We're going
26:56
to wrap this episode up here, and then the next
26:58
episode we're going to pick up with part c. All
27:00
of the information that goes with this episode can be
27:03
found in the description box. What's up, everyone, and welcome
27:06
back to the Epstein Chronicles. In this episode, we're picking
27:10
up where we left off with the OIG report into
27:13
Jeffrey Epstein's NPA. Se October through November two thousand and seven,
27:19
the FBI and the USAO continue to investigate, and the
27:23
FBI sends a noticed letter to one victim stating that
27:26
the case is under investigation. Although Villa Fauna and the
27:29
FBI case agents decided to stop informing victims about the NPA,
27:34
the FBI continued its investigation of the case, which included
27:37
locating and interviewing potential victims. In October and November two
27:42
thousand and seven, the FBI interviewed twelve potential new victims,
27:46
eight of whom had been identified in a preliminary victim
27:49
list in use at the time Epstein signed the NPA.
27:53
The FBI reports of the victims interviews do not mention
27:56
the NPA or indicate that the victims were asked for
28:00
their input regarding the resolution of the case. Villa Fauna
28:03
acknowledged that she and the case agents did not tell
28:06
any of the new post NPA signing victims about the agreement,
28:10
because at that point we believed that the NPA was
28:13
never going to be performed and that we were in
28:16
fact going to be charging mister Epstein. On October twelfth,
28:20
two thousand and seven, the FBI victim specialist sent a
28:23
VNS form notice letter to a victim the case agents
28:26
had interviewed two days earlier. The letter was identical to
28:30
the VNS form notice letter the FBI victim specialists sent
28:34
to other victims before the NPA was signed, describing the
28:37
case as under investigation and requesting the victim's patients. The
28:41
letter listed D eight CVR rights, but made no mention
28:45
of the NPA or the section twenty two to fifty
28:48
five provision. Villa Fauna told OPR she was unaware of
28:51
the FBI sent the letter, but she knew there were
28:54
efforts to make sure that we had identified all victims
28:57
of the crimes under investigation. In response to opr's questions
29:02
about the accuracy of the FBI's letter characterization of the
29:05
case as under investigation, Villa Fauna told OPR the NPA
29:10
required Epstein to and to a plea by October twenty six,
29:13
two thousand and eight, and at this point we weren't
29:15
actively looking for additional charges, but the investigation wasn't technically
29:20
suspended until he completed all the terms of the NPA D.
29:25
The USAO informs the defense that it intends to notify
29:29
victims by letter about Epstein's state plea hearing and the
29:32
resolution of the federal investigation, but the defense strongly objects
29:35
to the notification plan. In anticipation of Epstein's state court plea,
29:40
Villa Fauna reported on November sixteenth, two thousand and seven,
29:44
to Accosta, Sloman, and other supervisors that she had learned
29:47
from FBI agents who met with Assistant State Attorney Bellohovlk
29:52
that the State attorney's office wanted the USAO to notify
29:56
victims of the state plea hearing. Bellohovelk would still like
30:00
us to do the victim notifications. The state does not
30:03
have a procedure like we do federally where the court
30:06
has to provide a separate room for victims who want
30:08
to attend judicial proceedings, So I do not know how
30:11
many victims will actually want to be present. Bellehovlik told
30:15
OPR that she did not recall the conversation reference by
30:18
the FBI, nor any coordination between her office and federal
30:22
officials to contact or notify victims about Epstein's state plearing.
30:27
On November nineteenth, two thousand and seven, Villa Fauna decided
30:30
that to avoid any misconduct accusations from the defense about
30:34
the information given to victims, she would put the victim
30:37
notification in writing. She provided Slowman with a draft victim
30:42
notification letter, in which, among other things, she would inform
30:45
victims of the terms of the resolution of the federal case,
30:49
including Epstein's agreement to plead guilty to state charges and
30:53
serve eighteen months in county jail, and the victim's ability
30:56
to seek monetary damages against Epstein. The letter also would
31:00
invite victims to appear at the state court hearing and
31:03
make a statement under oath or provide a written statement
31:06
to be filed by the State Attorney's office. Sloman and
31:10
Villa Fauna exchange debits on the draft victim notification letter,
31:14
and Villafauna also informed Sloman that there are a few
31:17
girls who didn't receive the original letters, so I will
31:20
need to modify the introductory portion of the letter for those.
31:24
Sloman informed Leftkowitz of the government's need to meet its
31:27
statutory obligation Justice for All Act of two thousand and
31:31
four to notify the victims of the anticipated upcoming events
31:35
and their rights associated with the agreement end his intent
31:38
to notify the victims by letter after cob Thursday, November
31:42
twenty ninth, Lefkowitz objected to the proposal to notify the victims,
31:46
asserting that it was incendiary and inappropriate and not warranted
31:51
under the Justice for All Act of two thousand and four.
31:54
He argued that the defense should have a right to
31:56
review and make objections to that submission prior to it
31:59
being being sent to any alleged victims. He also insisted
32:03
that if any notification letters were sent to victims who
32:06
still have not been identified to us, it should happen
32:09
only after mister Epstein has entered his plea, and that
32:12
letter should come from the Attorney representative rather than the government.
32:16
On November twenty eighth, two thousand and seven, at Sloman's instruction,
32:20
Bilifauna provided Lefkowitz with the draft victim notification letter, which
32:24
would advise victims that the State Court plea would occur.
32:28
On December fourteenth, two thousand and seven. In a November
32:31
twenty ninth, two thousand and seven, letter to Acosta, left
32:34
Kowitz strongly objected to the proposed draft notification letter, arguing
32:39
that the government was not obligated to send any letter
32:41
to victims until after Epstein's plea in sentencing. Left Kowitz
32:46
also contended that the victims had no right to appear
32:49
at Epstein's state plea hearing and sentencing, or to provide
32:52
a written statement for such a proceeding. In a November thirtieth,
32:56
two thousand and seven reply letter to Leftkowitz, Acosta did
33:00
not address the substance of left Quit's arguments, but accused
33:03
the defense team of in essence presenting collateral challenges the
33:07
laying effectuation of the NPA, and asserted that if Epstein
33:12
was dissatisfied with the NPA, we stand ready to unwine
33:15
the agreement and proceed to trial. Shortly thereafter, Acosta informed
33:19
the Defense Council starr by letter that he had directed
33:23
prosecutors not to issue victim notification letters until this Friday
33:27
at five pm to provide Jue with time to review
33:30
these options with your client. In the letter, Acosta also
33:34
refuted defense allegations that Villa Fauna had acted improperly by
33:38
informing the victims of the potential for receiving monetary damages,
33:42
stating that the victims were not told of the availability
33:46
of Section twenty two to fifty five relief during the
33:49
investigation phase of this matter. On December fifth, two thousand
33:53
and seven, Star and left Kwitz sent a letter to
33:55
Acosta with copies to Slowman and Assistant Attorney General Fisher
33:59
reaffes firming the NPA, but taking serious issue with the
34:03
usao's interpretation of the agreement and the use of section
34:07
twenty two to fifty five. The Star in Leftkowitz letter
34:10
asserted it was wholly inappropriate for the USAO to send
34:14
the proposed victim notification letter under any circumstances, and strongly
34:18
urged the COSTA to withhold the notification letter until after
34:22
the Defense was able to discuss this matter with Assistant
34:25
Attorney General Fisher. The following day, Sloman sent a letter
34:29
Lefkowitz with copies to Acosta and Villafauna, asserting that the
34:34
obligated the government to notify victims of the US Code eighteen,
34:38
Section twenty two to fifty five proceedings as other relief
34:42
to which they are entitled. Sloman also stated that the
34:47
obligated the government to provide the victims with information concerning
34:51
restitution to which they may be entitled and the earliest
34:54
possible notice of the status of the investigation, the filing
34:58
of charges, and the acceptance of plas emphasis and original.
35:02
Slowman added, just as in US Code eighteen, section thirty
35:06
seven seventy one, these sections are not limited to proceedings
35:09
in federal district court. Our non prosecution agreement resolves the
35:13
federal investigation by allowing mister Epstein to plead to a
35:17
state defense. The victims identified through the federal investigation should
35:21
be appropriately informed, and our non prosecution agreement does not
35:25
require the U. S. Attorney's Office to forego its legal obligations.
35:29
Slowman also addresses the defense objection to advising the victims
35:33
to contact Villafauna or the FBI case agent with questions
35:37
or concerns. Again, federal law requires that victims have the
35:40
reasonable right to confer with the attorney for the government
35:43
in the case. Slowman advised the defense the three victims
35:47
who were notified prior to your objection had questions directed
35:50
to mister Epstein's punishment, not the civil litigation. Those questions
35:54
are appropriately directed to law enforcement. Along with this letter,
35:58
Slowman forwarded to Lefkowitz or comment or revised draft victim
36:02
notification letter that was substantially similar to the prior draft
36:05
provided to the defense. The letter stated that the federal
36:08
investigation of Jeffrey Epstein had been completed, Epstein would plead
36:12
guilty in state court, Those parties would recommend eighteen months
36:16
of imprisonment at sentencing, and Epstein would compensate victims for
36:20
damages and claims brought under US Code eighteen, section twenty
36:24
two fifty five. The letter provided specific information concerning the
36:28
upcoming change of plea hearing, as I mentioned above, is
36:31
part of the resolution of the federal investigation. Mister Epstein
36:35
has agreed to plead guilty to stay charges. Mister Epstein's
36:39
change of plea and sentencing will occur on December fourteenth,
36:42
two thousand and seven, before Judge Sandra came Vick Sorely
36:46
in Courtroom eleven F at the Palm Beach County Courthouse,
36:50
pursuant of Florida Statute section nine six zero dot zero
36:54
zero one K and nine two one dot one four
36:57
to three one. You are entitled to be present to
36:59
make a statement under oath. If you choose, you can
37:02
submit a written statement under oath, which may be filed
37:05
by the State Attorney's Office on your behalf. If you
37:08
elect to prepare a written statement, it should address the
37:11
following the facts of the case and any extent of
37:14
any harm, including social, psychological or physical harm, financial losses,
37:19
loss of earnings directly or indirectly resulting from the crime
37:23
for which the defendant is being sentenced, and any matter
37:26
relevant to an appropriate disposition and sentence. Slowman told OPR
37:31
that he was proceeding under the belief that we are
37:34
going to notify the victims, even though it wasn't a
37:36
federal case, whether we were required to or not. Slowman
37:40
also told OPR that while we didn't think that we
37:43
had an obligation to send them victim notification letters, I
37:46
think Marie and the agents were keeping the victims apprized
37:50
at some level. On December seventh, two thousand and seven,
37:53
Villa Fauna prepared letters containing the above information to be
37:56
sent to multiple victims. An email to a Costa in
37:59
Slowman requesting permission to send them Slowman, however, had that
38:03
day received a letter from Sanchez advising that Epstein's plea
38:07
hearing was scheduled for January fourth, two thousand and eight,
38:11
and requesting that the USAO hold off sending the victim
38:14
notification letters until we can further discuss the contents. Also
38:18
that day, starn Lefquwitz submitted to ACOSTA the two lengthy
38:22
independent ethics opinions supporting the defense arguments against the federal
38:26
investigation and the NPA's use of US Code eighteen, Section
38:30
twenty two fifty five. Slowman responded to Villa Fauna's request
38:34
with an email instructing her to hold the letter. Slowman
38:37
told OPR that he wanted to push the victim notification
38:40
letter out, but his instruction to Villa Fauna was the
38:43
product of me speaking to somebody, although he cannot be
38:47
definitive as to whom. Slowman further told OPR that once
38:51
the NPA looked like it was going to fall apart,
38:54
the USAO had concerns that if we gave them the
38:57
victim notification letter and the deal fell apart, than the
39:00
victims would be instantly impeached by the provision that you're
39:04
entitled to monetary compensation. On December tenth, two thousand and seven,
39:08
Villa Fauna contacted the attorney who at the time represented
39:11
the victim who later became CVR petitioner Jane Do two,
39:15
to inform him that she was preparing victim notification letters.
39:19
In her twenty seventeen declaration filed in the CVR A litigation,
39:24
Villa Fauna noted that she reached out to Jane Number
39:27
two's council despite the fact that the USAO no longer
39:31
considered her a victim for purposes of the federal charges
39:34
and continue to treat her as a victim, because she
39:37
wanted to go above and beyond in terms of caring
39:40
for the victims. All right, folks, we're going to wrap
39:42
up right here, and in the next episode dealing with
39:45
the topic, we're going to pick up with Section E.
39:47
All of the information that goes with this episode can
39:50
be found in the description box.