Latest / The Epstein Chronicles / Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 45-47) (7/29/26)

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Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 45-47) (7/29/26) · The Epstein Chronicles

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
• 0:04
  Speaker 1: This episode, we're going to pick up where we left
• 0:06
  Speaker 1: off with the OIG report into Jeffrey Epstein's NPA A.
• 0:11
  Speaker 1: The case agents in Villa Fauna solicit some victims' opinions
• 0:15
  Speaker 1: about resolving the federal investigation. Villa Fauna told OPR that
• 0:20
  Speaker 1: when she and the case agents met with the victims,
• 0:23
  Speaker 1: we would ask them how they wanted the case to
• 0:25
  Speaker 1: be resolved, and most of them wanted the case to
• 0:28
  Speaker 1: be resolved via a plea. Some of them wanted him
• 0:31
  Speaker 1: not to be prosecuted at all. Most of them did
• 0:33
  Speaker 1: not want to have to come to court and testify.
• 0:36
  Speaker 1: They were very worried about their privacy rights. Some of
• 0:39
  Speaker 1: them wanted him to go to jail, but some of
• 0:41
  Speaker 1: them talked about bad experiences with the State Attorney's office,
• 0:45
  Speaker 1: and so I felt like sending them back to the
• 0:47
  Speaker 1: State Attorney's office was not something that they would have supported.
• 0:51
  Speaker 1: Villa Fauna told OPR that she also recalled that some
• 0:55
  Speaker 1: victims expressed concern about their safety and were worried that
• 0:59
  Speaker 1: Epstein would find out about their participation in the investigation.
• 1:03
  Speaker 1: In her twenty seventeen declarations submitted in the CVRA litigation,
• 1:07
  Speaker 1: Villafana stated that the two CVRA petitioners never communicated their
• 1:12
  Speaker 1: desire to me or the FBI case agents, and my
• 1:15
  Speaker 1: role was to evaluate the entire situation, consider the input
• 1:19
  Speaker 1: received from all the victims, and allow the office to
• 1:22
  Speaker 1: exercise its prosecutorial discretion accordingly. She also noted that some
• 1:27
  Speaker 1: victims feared having their involvement with Epstein revealed and the
• 1:30
  Speaker 1: negative impact it would have on their relationships with family members, boyfriends, etc.
• 1:35
  Speaker 1: In the FBI case agents twenty seventeen declaration filed in
• 1:39
  Speaker 1: the CVRA litigation, she stated during interviews conducted from two
• 1:43
  Speaker 1: thousand and six to two thousand and eight, no victims
• 1:45
  Speaker 1: expressed a strong opinion that Epstein be prosecuted. She further
• 1:49
  Speaker 1: described the concerns of some of the victims. Throughout the investigation,
• 1:53
  Speaker 1: we interviewed many of Epstein's victims. A majority of the
• 1:56
  Speaker 1: victims expressed concern about the possible disclosure of their identity
• 2:00
  Speaker 1: to the public. A number of the victims raised concerns
• 2:03
  Speaker 1: about having to testify and or their parents finding out
• 2:06
  Speaker 1: about their involvement with mister Epstein. Additionally, for some victims
• 2:11
  Speaker 1: learning of the Epstein investigation and possible exposure of their
• 2:14
  Speaker 1: identities cause them emotional distress. Overall, many of the victims
• 2:19
  Speaker 1: were troubled about the existence of the investigation. They displayed
• 2:23
  Speaker 1: feelings of embarrassment and humiliation, and were reluctant to talk
• 2:27
  Speaker 1: to investigators. Some victims who were identified through the investigation
• 2:32
  Speaker 1: refused even to speak with us. Our concerns about the
• 2:35
  Speaker 1: victims well being and getting to the truth were always
• 2:38
  Speaker 1: at the forefront of our handling of the investigation. The
• 2:42
  Speaker 1: case agent told OPR that although she encountered victims who
• 2:45
  Speaker 1: were strong and believable, she did not encounter any who
• 2:49
  Speaker 1: vigorously advocated for the prosecution of Epstein. Rather, they were embarrassed,
• 2:53
  Speaker 1: didn't want their parents to know, and wanted to forget.
• 2:57
  Speaker 1: As of September twenty fourth, two thousand and seven, the
• 3:00
  Speaker 1: date the NPA was signed, Villa Fauna informed Epstein attorney
• 3:03
  Speaker 1: Lefkowitz that she had compiled a preliminary list of victims,
• 3:07
  Speaker 1: including thirty four confirmed the miners and six other potential
• 3:11
  Speaker 1: minor victims who had not yet been interviewed by the FBI.
• 3:15
  Speaker 1: Although the government had contacted many victims before the NPA
• 3:18
  Speaker 1: was signed. Villa Fauna acknowledged during the CVRA litigation that
• 3:22
  Speaker 1: individual victims were not consulted regarding the agreement B before
• 3:27
  Speaker 1: the NPA is signed. Villa Fauna expresses concern that victims
• 3:31
  Speaker 1: have not been consulted before the NPA was signed. Villa
• 3:34
  Speaker 1: Fauna articulated to her supervisor's concerns about the government's failure
• 3:38
  Speaker 1: to consult with the victims. One July two thousand seven.
• 3:42
  Speaker 1: Vilafauna's email exchanges with Menchel. In July two thousand seven,
• 3:47
  Speaker 1: Villa Fauna learned that Menchell had discussed with defense counsel
• 3:50
  Speaker 1: Sanchez a possible state resolution to the federal investigation of Epstein.
• 3:56
  Speaker 1: Villafana was upset by this information and sent a strongly
• 3:59
  Speaker 1: worded email to Menel voicing her concerns. A full account
• 4:02
  Speaker 1: of their email exchange is set forth at Chapter two,
• 4:05
  Speaker 1: Part one, Section four A two. In that email, she
• 4:09
  Speaker 1: told them that it was inappropriate for you to make
• 4:12
  Speaker 1: a plea offer that you know is completely unacceptable to
• 4:15
  Speaker 1: the FBI, ice, the victims, and me. These plea negotiations
• 4:19
  Speaker 1: violate all of the various iterations of the victims' rights legislation,
• 4:24
  Speaker 1: Vila Fauna explained to OPR her reference to the victims,
• 4:27
  Speaker 1: My concern was that Menchell was violating the CVRA, which
• 4:30
  Speaker 1: requires the attorneys for the government, which includes me, to
• 4:33
  Speaker 1: confer with the victims, and the VRRA, which requires the
• 4:37
  Speaker 1: agents to keep the victims apprized of what's happening with
• 4:40
  Speaker 1: the case. So, in essence, I felt like he was
• 4:43
  Speaker 1: exposing both myself and the agent's allegations of not abiding
• 4:47
  Speaker 1: by our obligations by engaging in these plea negotiations without
• 4:51
  Speaker 1: letting us know about it. In his reply to Villafauna's email,
• 4:54
  Speaker 1: and after noting that he found her email totally inappropriate,
• 4:58
  Speaker 1: Menchell denied that he had violate any department policy, and
• 5:02
  Speaker 1: he noted that as Chief of the Criminal Division, I'm
• 5:04
  Speaker 1: the person designated by the US Attorney to exercise appropriate
• 5:08
  Speaker 1: discretion in deciding whether certain pleas are appropriate and consistent
• 5:12
  Speaker 1: with departmental policy. Perceiving Menchell's rebuke as criticism of her judgment,
• 5:17
  Speaker 1: Villafana responded, raising concerns about the forgotten voices of victims
• 5:21
  Speaker 1: in this case should not be classified as a lapse
• 5:24
  Speaker 1: of judgment, and that her first and only concern in
• 5:27
  Speaker 1: this case is the victims. Menchell told ol PR that
• 5:30
  Speaker 1: he did not view this conversation with Sanchez as a
• 5:33
  Speaker 1: plea offer, asserted that he was not obligated to consult
• 5:36
  Speaker 1: with victims during preliminary settlement negotiations, and noted that he
• 5:40
  Speaker 1: left the USAO before the NPA was fully negotiated or signed.
• 5:45
  Speaker 1: Menchell told oh PR that you have discussions with the
• 5:48
  Speaker 1: defense all the time, and the notion that even just
• 5:51
  Speaker 1: having a general discussion is something that must be vetted
• 5:53
  Speaker 1: with victims is not even in the same universe as
• 5:56
  Speaker 1: to how I think about this. Menchell also observed that
• 6:00
  Speaker 1: on the very day that Villa Fauna criticized him for
• 6:03
  Speaker 1: engaging in settlement negotiations without consulting her, the FBI, or
• 6:07
  Speaker 1: the victims, Villa Fauna had herself sent an email to
• 6:10
  Speaker 1: Sanchez offering to discuss the possibility of a federal resolution
• 6:14
  Speaker 1: of mister Epstein's case that could run concurrently with any
• 6:17
  Speaker 1: state resolution without having spoken to the victims about her proposal. Two.
• 6:23
  Speaker 1: Villa Fauna asserts that her supervisors gave instructions not to
• 6:26
  Speaker 1: consult victims about the plea discussions, but her supervisors do
• 6:30
  Speaker 1: not currently recall such instructions. Villa Fauna told OPR that
• 6:34
  Speaker 1: during an early meeting with a cost of Sloman and Menchel,
• 6:37
  Speaker 1: which took place when we were probably just entering into
• 6:39
  Speaker 1: PLEA negotiations, she raised the government's obligation to confer with victims. Initially,
• 6:45
  Speaker 1: Villa Fauna told OPR she was instructed don't talk to
• 6:48
  Speaker 1: the victims, don't tell them what's happening, but she was
• 6:51
  Speaker 1: not told why she should not speak to the victims,
• 6:53
  Speaker 1: and she cannot recall who gave her this instruction. In
• 6:56
  Speaker 1: a subsequent OPR interview, Villa Fauna recalled that when she
• 7:00
  Speaker 1: raised the issue of notification during the meeting, she was
• 7:03
  Speaker 1: told PLEA negotiations are confidential, you can't disclose them. Villa
• 7:07
  Speaker 1: Fauna remained uncertain who gave her this instruction, but believed
• 7:11
  Speaker 1: it may have been a Costa. Neither Acosta, Slowman nor
• 7:14
  Speaker 1: Menchal recalled a meeting at which Villa Fauna was directed
• 7:17
  Speaker 1: not to notify the victims. A Costa told OPR that
• 7:21
  Speaker 1: the decision whether to solicit the victim's view is something
• 7:24
  Speaker 1: that I think was the focus of the trial team
• 7:27
  Speaker 1: and not something that I was focused on. At least
• 7:29
  Speaker 1: not at the time, and he did not recall discussions
• 7:32
  Speaker 1: about victim notification until after the NPA was signed. Slowman
• 7:36
  Speaker 1: also told OPR that he did not recall a meeting
• 7:39
  Speaker 1: at which victim notification was discussed. Menchell wrote his response
• 7:44
  Speaker 1: to OPR, I have no recollection of any discussions or
• 7:47
  Speaker 1: decisions regarding whether the USAO should notify victims of its
• 7:51
  Speaker 1: intention to enter into a precharged disposition of the Epstein matter. Furthermore,
• 7:56
  Speaker 1: Mencheal told OPR he could not think of a reason
• 7:58
  Speaker 1: why the issue of victim notification would have arisen before
• 8:02
  Speaker 1: he left the USAO, because we were way off from
• 8:04
  Speaker 1: finalizing or having anything even close to a deal, and
• 8:07
  Speaker 1: it would have been premature to consider notification. Three September six,
• 8:13
  Speaker 1: two thousand and seven, Villa Fauna informed Slowman, who informs Acosta,
• 8:17
  Speaker 1: of Osterbond's opinion that consultation with victims was required. On
• 8:21
  Speaker 1: September sixth, two thousand and seven, and a lengthy email
• 8:24
  Speaker 1: to Slowman responding to his question about the governments then
• 8:27
  Speaker 1: pending offer to the defense, Vila Fanna raised the victim
• 8:31
  Speaker 1: consultation issue, advising that the agents and I have not
• 8:34
  Speaker 1: reached out to the victims to get their approval, which,
• 8:37
  Speaker 1: as CEOs Chief Osterbond politely reminded me, is required under
• 8:42
  Speaker 1: the law, and that the Palm Beach Police Department chief
• 8:45
  Speaker 1: wanted to know if the victims had been consulted about
• 8:48
  Speaker 1: the deal. Sloman forwarded this email to Acosta. Villa Fauna
• 8:51
  Speaker 1: recalled that Slowman responded to her email by telephone, possibly
• 8:55
  Speaker 1: after he had spoken to Acosta, and stated, you can't
• 8:58
  Speaker 1: do that now. Villa Fauna did not recall Slowman explaining
• 9:02
  Speaker 1: at the time the reason for that instruction. Vila Fauna
• 9:06
  Speaker 1: told OPR that shortly before the NPA was signed, Slowman
• 9:09
  Speaker 1: told her, we've been advised that precharge resolutions do not
• 9:13
  Speaker 1: require victim notification. Sloman did not recall any discussions before
• 9:17
  Speaker 1: the NPA was signed about contacting the victims or conferring
• 9:21
  Speaker 1: with them regarding the potential resolution of the case. Slowman
• 9:25
  Speaker 1: told OPR that he did not think that we had
• 9:27
  Speaker 1: to consult the victims prior to entering into the NPA,
• 9:31
  Speaker 1: and we did not have to seek approval from victims
• 9:33
  Speaker 1: to resolve the case. We did have an obligation to
• 9:36
  Speaker 1: notify them of the resolution in filed cases. Sloman said
• 9:40
  Speaker 1: that no one other than Villa Fauna raised a notification issue,
• 9:44
  Speaker 1: and because the USAO envisioned the state court resolution of
• 9:47
  Speaker 1: the matter, Slowman did not think we had to consult
• 9:50
  Speaker 1: with victims prior to entering into the NPA. Lourie told
• 9:53
  Speaker 1: OPR that he had no memory of Villa Fauna being
• 9:56
  Speaker 1: directed not to speak to the victims about the NPA. Similarly,
• 10:01
  Speaker 1: the attorney who assumed Lorie's supervisory duties after Lori transitioned
• 10:05
  Speaker 1: to his detail in the department told OPR that he
• 10:08
  Speaker 1: did not recall any discussions regarding victim notification and he
• 10:12
  Speaker 1: assumed that was being handled. Acosta did not recall the
• 10:15
  Speaker 1: September sixth, two thousand and seven email, but told OPR
• 10:18
  Speaker 1: that there is no requirement to notify the victims because
• 10:21
  Speaker 1: it's not a plea. It's deferring in favor of state prosecution.
• 10:26
  Speaker 1: Acosta told OPR that he could not recall any pre
• 10:29
  Speaker 1: NPA discussions regarding victim notification or any particular concern that
• 10:33
  Speaker 1: factored into the decision not to consult with the victims
• 10:37
  Speaker 1: before entering into the NPA. Ultimately, Acosta acknowledged the OPR clearly,
• 10:42
  Speaker 1: given the way it's played out, it may have been
• 10:45
  Speaker 1: much better if we had consulted with the victims. CEO's
• 10:49
  Speaker 1: chief Osterbahd told OPR that he disagreed with the USAO
• 10:53
  Speaker 1: stance that the CVR did not require pre charge victim consultation,
• 10:57
  Speaker 1: but in his view, the USAO posture was not an
• 11:00
  Speaker 1: abusive discretion or an ethical issue, but rather reflected a
• 11:04
  Speaker 1: serious and legitimate disagreement regarding the cvra's requirements. Osterband's disagreement
• 11:09
  Speaker 1: was based on policy considerations, and he told OPR from
• 11:13
  Speaker 1: a policy perspective, CEOs would not take a position that
• 11:17
  Speaker 1: wouldn't consult with the victims. Osterbond was told OPR that
• 11:22
  Speaker 1: whether or not the law required it, the victims should
• 11:25
  Speaker 1: have been given an opportunity to weigh directly, but he
• 11:28
  Speaker 1: did not fault the usao's motivations for failing to provide
• 11:31
  Speaker 1: that opportunity. The people I know, Andy Jeff were trying
• 11:36
  Speaker 1: to do the right thing. They weren't acting on ethically.
• 11:38
  Speaker 1: I just disagree with the outcome, but the point is
• 11:41
  Speaker 1: they were trying to do the thing that was proper.
• 11:43
  Speaker 1: It was more of this question of you can let
• 11:46
  Speaker 1: the victims weigh in on this. You can get their
• 11:48
  Speaker 1: input on this, and maybe it doesn't sway you. You
• 11:51
  Speaker 1: still do what you're going to do. But it's hard
• 11:53
  Speaker 1: to say it was a complete, completely clean exercise of
• 11:57
  Speaker 1: prosecutorial discretion when the USAO didn't really know what the
• 12:01
  Speaker 1: victims would say, Slowman told OPR, I don't think we
• 12:05
  Speaker 1: had a concern about entering into the NPA at that
• 12:08
  Speaker 1: point in terms of notifying victims. I was under the
• 12:11
  Speaker 1: perception that once the NPA was entered into and Epstein
• 12:14
  Speaker 1: was going to enter a guilty plea in state court,
• 12:16
  Speaker 1: that we were going to notify the victims. All right, folks,
• 12:19
  Speaker 1: we're gonna wrap up right there, and then the next
• 12:21
  Speaker 1: episode we're gonna pick up with Part seven September twenty fourth,
• 12:25
  Speaker 1: two thousand and seven. June thirtieth, two thousand and eight,
• 12:29
  Speaker 1: After the NPA is signed, the USAO makes various victim
• 12:32
  Speaker 1: notification decisions. All of the information that goes with this
• 12:36
  Speaker 1: episode can be found in the description box. What's up, everyone,
• 12:40
  Speaker 1: and welcome back to the Epstein Chronicles. In this episode,
• 12:43
  Speaker 1: we're gonna pick up where we left off with the
• 12:45
  Speaker 1: OIG report into Jeffrey Epstein's NPA part seven September twenty fourth,
• 12:52
  Speaker 1: two thousand and seven through June thirtieth, two thousand and eight.
• 12:56
  Speaker 1: After the NPA is signed, the USAO makes various victim
• 12:59
  Speaker 1: noticecation decisions. The contemporaneous emails may clear that once the
• 13:04
  Speaker 1: NPA was signed, Villa Fauna and the case agents planned
• 13:08
  Speaker 1: to inform the victims about the resolution of the federal investigation. However,
• 13:13
  Speaker 1: the emails also show that the USAO was unclear about
• 13:17
  Speaker 1: how much information could be given to the victims in
• 13:20
  Speaker 1: light of the NPA's non disclosure provision, and consulted with
• 13:23
  Speaker 1: Epstein's defense counsel regarding victim notifications. As a result, although
• 13:29
  Speaker 1: the expectation in the USAO was the victims would be
• 13:32
  Speaker 1: informed about the NPA, the monetary Damage's provision, and the
• 13:36
  Speaker 1: state plea, the USAO became entangled in more negotiations with
• 13:41
  Speaker 1: the defense attorneys, who strongly objected to the government's notification plan.
• 13:46
  Speaker 1: In addition, Villa Fauna and the case agents grew concerned
• 13:49
  Speaker 1: that notifying the victims about the NPA Monetary Damage's provision
• 13:53
  Speaker 1: would damage the victim's credibility if Epstein breached the NPA.
• 13:57
  Speaker 1: And the case went to trial. DA Costa decided to
• 14:01
  Speaker 1: defer to the state attorney's discretion whether to notify the
• 14:04
  Speaker 1: victims about the state plea, and information about the NPA
• 14:08
  Speaker 1: and the monetary damage's provision was not provided to victims
• 14:12
  Speaker 1: until after Epstein pled guilty in June of two thousand
• 14:15
  Speaker 1: and eight. Hey September through October two thousand and seven,
• 14:19
  Speaker 1: the case agents notify some victims about the NPA, but
• 14:23
  Speaker 1: stop when the case agent becomes concerned about potential impeachment.
• 14:27
  Speaker 1: In transmitting the signed NPA to Villafauna. On September twenty fourth,
• 14:31
  Speaker 1: two thousand and seven, defense attorney left Golwitz asked Villa
• 14:34
  Speaker 1: Fauna to do whatever you can to prevent the NPA
• 14:37
  Speaker 1: from becoming public. Villa Fauna forwarded this email to Acosta, Lori,
• 14:42
  Speaker 1: and the New West Palm Beach manager, noting that I
• 14:45
  Speaker 1: don't intend to do anything with it except to put
• 14:47
  Speaker 1: it in the case file. A Costa responded that he
• 14:50
  Speaker 1: thought the NPA already binds us not to make it
• 14:53
  Speaker 1: public except as required by law or Freedom of Information Act,
• 14:57
  Speaker 1: and noted that because the USAO would not proactively inform
• 15:01
  Speaker 1: the media about the NPA, this is the state attorney's show,
• 15:05
  Speaker 1: a Costa added, in other words, what more does he want?
• 15:08
  Speaker 1: Villafana responded, my guess is that if we tell anyone else,
• 15:12
  Speaker 1: like the police chief or the FBI or the girls,
• 15:14
  Speaker 1: that we ask them not to disclose. Laurie agreed, noting
• 15:18
  Speaker 1: that there really is no reason to tell anyone all
• 15:21
  Speaker 1: the details of the non prosecution or provide a copy.
• 15:25
  Speaker 1: The Palm Beach chief was only concerned that he not
• 15:27
  Speaker 1: gets surprised by all this. A Costa responded that he
• 15:30
  Speaker 1: would set up a call on September twenty six, two
• 15:33
  Speaker 1: thousand and seven, to talk about who we can tell
• 15:36
  Speaker 1: and how much. Also on September twenty fourth, two thousand seven,
• 15:40
  Speaker 1: Villa Fauna emailed the new West Palm Beach manager to
• 15:43
  Speaker 1: inform them that once the attorney representative was appointed for
• 15:47
  Speaker 1: the victims, she planned to meet with the girls myself
• 15:50
  Speaker 1: to explain how the system for obtaining relief under US
• 15:53
  Speaker 1: Code eighteen, Section twenty two fifty five will work. Villa
• 15:57
  Speaker 1: Fauna also emailed left Quwitz, stating that she plan to
• 16:00
  Speaker 1: discuss with them what I can tell you the attorney
• 16:03
  Speaker 1: representative and the girls about the agreement and She assured
• 16:06
  Speaker 1: lef Kuwitz that her office is telling chief writer not
• 16:09
  Speaker 1: to disclose the outcome to anyone. Villa Fauna also provided
• 16:13
  Speaker 1: lef Kuwitz with a list of potential candidates for the
• 16:16
  Speaker 1: attorney representative position and advanced for an attorney representative who
• 16:20
  Speaker 1: would minimize press coverage of the matter. On September twenty six,
• 16:24
  Speaker 1: two thousand and seven, Villa Fauna email left Kuwitz to
• 16:27
  Speaker 1: request guidance on informing the victims about the NPA. Can
• 16:31
  Speaker 1: you give me a call on meeting with the agents
• 16:33
  Speaker 1: and want to give them there are marching orders regarding
• 16:36
  Speaker 1: what they can tell the girls. Villafanna told OPR that
• 16:39
  Speaker 1: because the government and the defense had not agreed on
• 16:42
  Speaker 1: the attorney representative for the victims, she reached out to
• 16:45
  Speaker 1: the defense at the direction of either Acosta or Sloman,
• 16:49
  Speaker 1: in order to coordinate how to inform the victims about
• 16:52
  Speaker 1: the resolution of the case and the fact that there
• 16:54
  Speaker 1: would be an attorney to assist them in recovering monetary
• 16:57
  Speaker 1: damages from Epsteinauna told OPR that the defense responded to
• 17:02
  Speaker 1: her email by complaining to her supervisors that she should
• 17:06
  Speaker 1: not be involved in such notifications. According to Villa Fauna.
• 17:09
  Speaker 1: Sloman then directed her to have the case agents make
• 17:12
  Speaker 1: the victim notifications. Accordingly, Villa Fauna directed the case agents
• 17:16
  Speaker 1: to me with the victims to provide them with information
• 17:19
  Speaker 1: regarding the terms of the NPA and the conclusion of
• 17:22
  Speaker 1: the federal investigation. The case agent told OPR that there
• 17:26
  Speaker 1: was a discussion that Marie and I had as to
• 17:29
  Speaker 1: how we would tell them and what we would tell them,
• 17:32
  Speaker 1: and that was I don't recall, but it was the
• 17:35
  Speaker 1: terms of the agreement. Villafana believed that if victims were
• 17:38
  Speaker 1: properly notified of the terms of the NPA that applied
• 17:41
  Speaker 1: to them regarding their right to seek damages from Epstein
• 17:44
  Speaker 1: and he paid those damages, that the rest of the
• 17:47
  Speaker 1: NPA doesn't need to be disclosed. Villafauna anticipated that the
• 17:51
  Speaker 1: case agents would be able to inform the victims of
• 17:54
  Speaker 1: the date of the state court change of plea, and
• 17:56
  Speaker 1: that date had not yet been set by state authorities
• 17:59
  Speaker 1: at the time the first victims were notified by the FBI.
• 18:03
  Speaker 1: Philafauna told OPR that it was her belief that because
• 18:07
  Speaker 1: the USAO had agreed to a confidentiality clause, the government
• 18:11
  Speaker 1: could not disclose the NPA to the general public, but
• 18:14
  Speaker 1: victims could be informed because by its terms, they needed
• 18:18
  Speaker 1: to be told what the agreement was about. Villa Fauna
• 18:21
  Speaker 1: told OPR that no one in her supervisory chain expressed
• 18:25
  Speaker 1: the concerns that a victims learned of the NPA, they
• 18:27
  Speaker 1: would try to prevent Epstein from entering a plea. Within
• 18:31
  Speaker 1: a week after the NPA was signed, news media began
• 18:34
  Speaker 1: reporting that the parties had reached a deal to resolve
• 18:37
  Speaker 1: the Epstein case. For example, on October one, two thousand
• 18:40
  Speaker 1: and seven, the New York Post reported that Epstein has
• 18:43
  Speaker 1: agreed to plead guilty to soliciting underage prostitutes at his
• 18:47
  Speaker 1: Florida mansion in a deal that will send him to
• 18:50
  Speaker 1: prison for about eighteen months, and noted that Epstein would
• 18:53
  Speaker 1: plead guilty in state court and that the Feds have
• 18:56
  Speaker 1: agreed to drop their probe into possible federal criminal violation
• 19:00
  Speaker 1: in exchange for the guilty plea to the new state charge.
• 19:03
  Speaker 1: The case agent recalled informing some victims that there was
• 19:07
  Speaker 1: an agreement reached and we would not be pursuing it federally.
• 19:10
  Speaker 1: In October two thousand and seven, for example, the case
• 19:13
  Speaker 1: agents met with victim Courtney Wilde to adviser of the
• 19:16
  Speaker 1: main terms of the non prosecution agreement. According to the
• 19:20
  Speaker 1: case agent, during the meeting, the case agent's wholewild that
• 19:23
  Speaker 1: an agreement had been reached, mister Epstein was going to
• 19:26
  Speaker 1: plead guilty to two state charges and there would not
• 19:29
  Speaker 1: be a federal prosecution. However, in a declaration filed in
• 19:33
  Speaker 1: twenty fifteen in the CVRA litigation, wild described the conversation differently.
• 19:38
  Speaker 1: The agents explained that Epstein was also being charged in
• 19:42
  Speaker 1: state court and may plead to state charges related to
• 19:45
  Speaker 1: some of his other victims. I knew that state charges
• 19:48
  Speaker 1: had nothing to do with me. During this meeting, the
• 19:50
  Speaker 1: agents did not explain that an agreement had already been
• 19:53
  Speaker 1: signed that precluded any prosecution of Epstein for federal charges
• 19:57
  Speaker 1: against me. I did not get the opportunity to meet
• 20:00
  Speaker 1: or to confer with the prosecuting attorneys about any potential
• 20:04
  Speaker 1: federal deal that related to me or the crimes committed
• 20:07
  Speaker 1: against me. My understanding of the agent's explanation was the
• 20:11
  Speaker 1: federal investigation would continue. I also understood that my own
• 20:16
  Speaker 1: case would move forward towards prosecution of Epstein. In addition,
• 20:20
  Speaker 1: the case agent spoke to two other victims relayed their
• 20:23
  Speaker 1: reactions to Villafauna via an email. Jane Doe number fourteen
• 20:27
  Speaker 1: asked why Epstein was receiving such a light jail sentence,
• 20:31
  Speaker 1: and Jane Doe number thirteen has asked for our victim
• 20:34
  Speaker 1: witness coordinator to get in touch with her so she
• 20:37
  Speaker 1: can receive some much needed professional counseling. Other than that,
• 20:41
  Speaker 1: their response was filled with emotion and grateful to the
• 20:44
  Speaker 1: federal authorities for pursuing justice and not giving up. The
• 20:48
  Speaker 1: case agent told OPR that when she informed one of
• 20:51
  Speaker 1: these victims, that individual cried and expressed the sense of relief.
• 20:55
  Speaker 1: Counsel for Jane Do thirteen told OPR that while his
• 20:59
  Speaker 1: client recalled meeting with the FBI on a number of occasions,
• 21:02
  Speaker 1: she did not recall receiving any information about Epstein's guilty plea.
• 21:07
  Speaker 1: In a letter to OPR, Jane No. Number fourteen's attorney
• 21:10
  Speaker 1: stated that although her client recalled speaking with an FBI agent,
• 21:14
  Speaker 1: she was not told about the NPA or informed that
• 21:17
  Speaker 1: Epstein would not face federal charges in exchange for a
• 21:20
  Speaker 1: state court plea. After meeting with these victims, the FBI
• 21:24
  Speaker 1: case agent became concerned that if Epstein breached the NPA
• 21:29
  Speaker 1: and the case went to federal trial, the defense could
• 21:31
  Speaker 1: use the victims knowledge of the NPA's monetary damages provision
• 21:35
  Speaker 1: as a basis to impeach the victims. The case agent
• 21:38
  Speaker 1: explained to OPR that she became uncomfortable talking to the
• 21:42
  Speaker 1: victims about the damage's provision and that as the lead investigator,
• 21:46
  Speaker 1: if we end up going to trial, if mister Epstein
• 21:49
  Speaker 1: breached this, that I would be on the stand testifying
• 21:53
  Speaker 1: that I told every one of these girls that they
• 21:55
  Speaker 1: could sue mister Epstein for money, and I was not
• 21:58
  Speaker 1: comfortable with that. I didn't think it was right. Similarly,
• 22:02
  Speaker 1: the co case agent told OPR, that's why we went
• 22:05
  Speaker 1: back to Marie Villa Fauna, and we're not comfortable now
• 22:08
  Speaker 1: putting this out there because it's likely that the case
• 22:10
  Speaker 1: agent and I are going to have to take the
• 22:12
  Speaker 1: stand if it went to trial, and this could be
• 22:15
  Speaker 1: a problem. Villa Fauna told OPR that the case agents
• 22:18
  Speaker 1: were concerned they would be accused of offering a bribe
• 22:21
  Speaker 1: for victims to enhance their stories, and that the defense
• 22:25
  Speaker 1: would try to have Villa Fauna or the case agents
• 22:27
  Speaker 1: removed from the case. Both the lead case agent and
• 22:31
  Speaker 1: Villa Fauna told OPR that after the FBI I raised
• 22:34
  Speaker 1: with Villa Fauna a concern that notifying the victims could
• 22:37
  Speaker 1: create potential impeachment material in the event of a breach
• 22:41
  Speaker 1: and subsequent trial, they contacted the usao's Professional Responsibility Officer
• 22:46
  Speaker 1: for advice. Villa Fauna recalled that during a brief telephone consultation,
• 22:51
  Speaker 1: the Professional Responsibility Officer advised her and the case agent
• 22:55
  Speaker 1: that it's not really that big of a concern, but
• 22:58
  Speaker 1: if you're concerned about it, then you should stop making
• 23:01
  Speaker 1: the notification. In her twenty seventeen CVRA declaration, the case
• 23:06
  Speaker 1: agent stated that after conferring with the USAO, the case
• 23:09
  Speaker 1: agent stopped notifying victims about the NPA. B October two
• 23:14
  Speaker 1: thousand and seven. Defense attorneys object to government victim notifications.
• 23:19
  Speaker 1: While the case agents and Villa Fauna ordered the impact
• 23:22
  Speaker 1: that notifying the victims about the resolution of the case
• 23:25
  Speaker 1: might have had on a potential trial. Defense Council also
• 23:28
  Speaker 1: raised concerns about what the victims could be told about
• 23:32
  Speaker 1: the NPA, as discussed in Chapter two. After the NPA
• 23:36
  Speaker 1: was signed on September twenty fourth, two thousand and seven,
• 23:39
  Speaker 1: the USAO proposed using a special master to select the
• 23:43
  Speaker 1: attorney representative for the victims, which led to further discussions
• 23:46
  Speaker 1: about the twenty two to fifty five provision. On October fifth,
• 23:51
  Speaker 1: two thousand and seven, when Defense Attorney left Kowitz sent
• 23:54
  Speaker 1: Villa Fauna a letter responding to the usao's proposal to
• 23:57
  Speaker 1: use a special master. He cautioned that neither federal agents
• 24:01
  Speaker 1: nor anyone from your office should contact the identified individuals
• 24:05
  Speaker 1: to inform them of the resolution of the case, because
• 24:08
  Speaker 1: such communications would violate the confidentiality of the agreement and
• 24:13
  Speaker 1: would prevent Epstein from having control over what is communicated
• 24:17
  Speaker 1: to be identified individuals at this most critical stage. Lefkowitz
• 24:21
  Speaker 1: followed this communication with an October tenth, two thousand and seven,
• 24:24
  Speaker 1: letter to Acosta, arguing that neither federal agents nor anyone
• 24:28
  Speaker 1: from your office should contact the identified individuals to inform
• 24:32
  Speaker 1: them of the resolution of the case. Rather, Lefkowitz wanted
• 24:36
  Speaker 1: to participate in crafting a mutually acceptable communication to the
• 24:40
  Speaker 1: identified individuals. On October twenty three, two thousand and seven,
• 24:45
  Speaker 1: Villafauna raised the issue of victim notification with Sloman, stating
• 24:50
  Speaker 1: we also have to contact the victims to tell them
• 24:52
  Speaker 1: about the outcome of the case and to advise them
• 24:55
  Speaker 1: that an attorney will be contacting them regarding possible claims
• 24:58
  Speaker 1: against mister Epstein. If we don't do that, it may
• 25:01
  Speaker 1: be a violation of the Florida Bar rules for the
• 25:04
  Speaker 1: selected attorney to cold call the girls, as discussed in
• 25:07
  Speaker 1: greater detail in chapter two. On October twenty third, two
• 25:11
  Speaker 1: thousand and seven, left Kowitz sent Acosta a letter stating
• 25:14
  Speaker 1: that Epstein expected to enter a guilty plea in state
• 25:16
  Speaker 1: court on November twentieth, two thousand and seven, and thanking
• 25:20
  Speaker 1: Acosta for agreeing on October twelfth, two thousand and seven,
• 25:24
  Speaker 1: not to contact any of the identified individuals, potential witnesses,
• 25:28
  Speaker 1: or potential civil claimants and their respective council in this matter.
• 25:32
  Speaker 1: Shortly thereafter, Sloman drafted a response to lef Kowitz letter,
• 25:36
  Speaker 1: which A Costa revised to clarify the inaccurate representations made
• 25:40
  Speaker 1: by Lefkowitz, in particular noting that Acosta did not agree
• 25:44
  Speaker 1: to a gag order with regard to victim contact. The
• 25:47
  Speaker 1: draft response is revised by Acosta stated you should understand, however,
• 25:52
  Speaker 1: that there are some communications that are typical in these matters.
• 25:56
  Speaker 1: As an example, our office has an obligation to contact
• 25:59
  Speaker 1: the victims to inform them that either the Special Master
• 26:03
  Speaker 1: or his designee will be contacting them. Rest assured that
• 26:06
  Speaker 1: we will continue to treat this matter as we would
• 26:09
  Speaker 1: any similarly situated case. In a November fifth, two thousand
• 26:13
  Speaker 1: and seven letter, Slowman canplain to Lefkowitz that private investigators
• 26:17
  Speaker 1: working for Epstein had been contacting victims and asking whether
• 26:21
  Speaker 1: government agents had discussed financial settlements with them. Sloman noted
• 26:26
  Speaker 1: that the private investigator's actions are troublesome because the FBI
• 26:29
  Speaker 1: agents legally are required to advise the victims of the
• 26:32
  Speaker 1: resolution of the matter, which includes informing them that as
• 26:36
  Speaker 1: part of the resolution, mister Epstein has agreed to pay
• 26:39
  Speaker 1: damages in some circumstances. That same day, Villa Fauna emailed
• 26:44
  Speaker 1: Slowman expressing her concern that if we file charges now,
• 26:47
  Speaker 1: cross examination will consist of and the government told you
• 26:51
  Speaker 1: that if mister Epstein is convicted, you are entitled to
• 26:53
  Speaker 1: a large amount of damages. Right, all right, We're going
• 26:56
  Speaker 1: to wrap this episode up here, and then the next
• 26:58
  Speaker 1: episode we're going to pick up with part c. All
• 27:00
  Speaker 1: of the information that goes with this episode can be
• 27:03
  Speaker 1: found in the description box. What's up, everyone, and welcome
• 27:06
  Speaker 1: back to the Epstein Chronicles. In this episode, we're picking
• 27:10
  Speaker 1: up where we left off with the OIG report into
• 27:13
  Speaker 1: Jeffrey Epstein's NPA. Se October through November two thousand and seven,
• 27:19
  Speaker 1: the FBI and the USAO continue to investigate, and the
• 27:23
  Speaker 1: FBI sends a noticed letter to one victim stating that
• 27:26
  Speaker 1: the case is under investigation. Although Villa Fauna and the
• 27:29
  Speaker 1: FBI case agents decided to stop informing victims about the NPA,
• 27:34
  Speaker 1: the FBI continued its investigation of the case, which included
• 27:37
  Speaker 1: locating and interviewing potential victims. In October and November two
• 27:42
  Speaker 1: thousand and seven, the FBI interviewed twelve potential new victims,
• 27:46
  Speaker 1: eight of whom had been identified in a preliminary victim
• 27:49
  Speaker 1: list in use at the time Epstein signed the NPA.
• 27:53
  Speaker 1: The FBI reports of the victims interviews do not mention
• 27:56
  Speaker 1: the NPA or indicate that the victims were asked for
• 28:00
  Speaker 1: their input regarding the resolution of the case. Villa Fauna
• 28:03
  Speaker 1: acknowledged that she and the case agents did not tell
• 28:06
  Speaker 1: any of the new post NPA signing victims about the agreement,
• 28:10
  Speaker 1: because at that point we believed that the NPA was
• 28:13
  Speaker 1: never going to be performed and that we were in
• 28:16
  Speaker 1: fact going to be charging mister Epstein. On October twelfth,
• 28:20
  Speaker 1: two thousand and seven, the FBI victim specialist sent a
• 28:23
  Speaker 1: VNS form notice letter to a victim the case agents
• 28:26
  Speaker 1: had interviewed two days earlier. The letter was identical to
• 28:30
  Speaker 1: the VNS form notice letter the FBI victim specialists sent
• 28:34
  Speaker 1: to other victims before the NPA was signed, describing the
• 28:37
  Speaker 1: case as under investigation and requesting the victim's patients. The
• 28:41
  Speaker 1: letter listed D eight CVR rights, but made no mention
• 28:45
  Speaker 1: of the NPA or the section twenty two to fifty
• 28:48
  Speaker 1: five provision. Villa Fauna told OPR she was unaware of
• 28:51
  Speaker 1: the FBI sent the letter, but she knew there were
• 28:54
  Speaker 1: efforts to make sure that we had identified all victims
• 28:57
  Speaker 1: of the crimes under investigation. In response to opr's questions
• 29:02
  Speaker 1: about the accuracy of the FBI's letter characterization of the
• 29:05
  Speaker 1: case as under investigation, Villa Fauna told OPR the NPA
• 29:10
  Speaker 1: required Epstein to and to a plea by October twenty six,
• 29:13
  Speaker 1: two thousand and eight, and at this point we weren't
• 29:15
  Speaker 1: actively looking for additional charges, but the investigation wasn't technically
• 29:20
  Speaker 1: suspended until he completed all the terms of the NPA D.
• 29:25
  Speaker 1: The USAO informs the defense that it intends to notify
• 29:29
  Speaker 1: victims by letter about Epstein's state plea hearing and the
• 29:32
  Speaker 1: resolution of the federal investigation, but the defense strongly objects
• 29:35
  Speaker 1: to the notification plan. In anticipation of Epstein's state court plea,
• 29:40
  Speaker 1: Villa Fauna reported on November sixteenth, two thousand and seven,
• 29:44
  Speaker 1: to Accosta, Sloman, and other supervisors that she had learned
• 29:47
  Speaker 1: from FBI agents who met with Assistant State Attorney Bellohovlk
• 29:52
  Speaker 1: that the State attorney's office wanted the USAO to notify
• 29:56
  Speaker 1: victims of the state plea hearing. Bellohovelk would still like
• 30:00
  Speaker 1: us to do the victim notifications. The state does not
• 30:03
  Speaker 1: have a procedure like we do federally where the court
• 30:06
  Speaker 1: has to provide a separate room for victims who want
• 30:08
  Speaker 1: to attend judicial proceedings, So I do not know how
• 30:11
  Speaker 1: many victims will actually want to be present. Bellehovlik told
• 30:15
  Speaker 1: OPR that she did not recall the conversation reference by
• 30:18
  Speaker 1: the FBI, nor any coordination between her office and federal
• 30:22
  Speaker 1: officials to contact or notify victims about Epstein's state plearing.
• 30:27
  Speaker 1: On November nineteenth, two thousand and seven, Villa Fauna decided
• 30:30
  Speaker 1: that to avoid any misconduct accusations from the defense about
• 30:34
  Speaker 1: the information given to victims, she would put the victim
• 30:37
  Speaker 1: notification in writing. She provided Slowman with a draft victim
• 30:42
  Speaker 1: notification letter, in which, among other things, she would inform
• 30:45
  Speaker 1: victims of the terms of the resolution of the federal case,
• 30:49
  Speaker 1: including Epstein's agreement to plead guilty to state charges and
• 30:53
  Speaker 1: serve eighteen months in county jail, and the victim's ability
• 30:56
  Speaker 1: to seek monetary damages against Epstein. The letter also would
• 31:00
  Speaker 1: invite victims to appear at the state court hearing and
• 31:03
  Speaker 1: make a statement under oath or provide a written statement
• 31:06
  Speaker 1: to be filed by the State Attorney's office. Sloman and
• 31:10
  Speaker 1: Villa Fauna exchange debits on the draft victim notification letter,
• 31:14
  Speaker 1: and Villafauna also informed Sloman that there are a few
• 31:17
  Speaker 1: girls who didn't receive the original letters, so I will
• 31:20
  Speaker 1: need to modify the introductory portion of the letter for those.
• 31:24
  Speaker 1: Sloman informed Leftkowitz of the government's need to meet its
• 31:27
  Speaker 1: statutory obligation Justice for All Act of two thousand and
• 31:31
  Speaker 1: four to notify the victims of the anticipated upcoming events
• 31:35
  Speaker 1: and their rights associated with the agreement end his intent
• 31:38
  Speaker 1: to notify the victims by letter after cob Thursday, November
• 31:42
  Speaker 1: twenty ninth, Lefkowitz objected to the proposal to notify the victims,
• 31:46
  Speaker 1: asserting that it was incendiary and inappropriate and not warranted
• 31:51
  Speaker 1: under the Justice for All Act of two thousand and four.
• 31:54
  Speaker 1: He argued that the defense should have a right to
• 31:56
  Speaker 1: review and make objections to that submission prior to it
• 31:59
  Speaker 1: being being sent to any alleged victims. He also insisted
• 32:03
  Speaker 1: that if any notification letters were sent to victims who
• 32:06
  Speaker 1: still have not been identified to us, it should happen
• 32:09
  Speaker 1: only after mister Epstein has entered his plea, and that
• 32:12
  Speaker 1: letter should come from the Attorney representative rather than the government.
• 32:16
  Speaker 1: On November twenty eighth, two thousand and seven, at Sloman's instruction,
• 32:20
  Speaker 1: Bilifauna provided Lefkowitz with the draft victim notification letter, which
• 32:24
  Speaker 1: would advise victims that the State Court plea would occur.
• 32:28
  Speaker 1: On December fourteenth, two thousand and seven. In a November
• 32:31
  Speaker 1: twenty ninth, two thousand and seven, letter to Acosta, left
• 32:34
  Speaker 1: Kowitz strongly objected to the proposed draft notification letter, arguing
• 32:39
  Speaker 1: that the government was not obligated to send any letter
• 32:41
  Speaker 1: to victims until after Epstein's plea in sentencing. Left Kowitz
• 32:46
  Speaker 1: also contended that the victims had no right to appear
• 32:49
  Speaker 1: at Epstein's state plea hearing and sentencing, or to provide
• 32:52
  Speaker 1: a written statement for such a proceeding. In a November thirtieth,
• 32:56
  Speaker 1: two thousand and seven reply letter to Leftkowitz, Acosta did
• 33:00
  Speaker 1: not address the substance of left Quit's arguments, but accused
• 33:03
  Speaker 1: the defense team of in essence presenting collateral challenges the
• 33:07
  Speaker 1: laying effectuation of the NPA, and asserted that if Epstein
• 33:12
  Speaker 1: was dissatisfied with the NPA, we stand ready to unwine
• 33:15
  Speaker 1: the agreement and proceed to trial. Shortly thereafter, Acosta informed
• 33:19
  Speaker 1: the Defense Council starr by letter that he had directed
• 33:23
  Speaker 1: prosecutors not to issue victim notification letters until this Friday
• 33:27
  Speaker 1: at five pm to provide Jue with time to review
• 33:30
  Speaker 1: these options with your client. In the letter, Acosta also
• 33:34
  Speaker 1: refuted defense allegations that Villa Fauna had acted improperly by
• 33:38
  Speaker 1: informing the victims of the potential for receiving monetary damages,
• 33:42
  Speaker 1: stating that the victims were not told of the availability
• 33:46
  Speaker 1: of Section twenty two to fifty five relief during the
• 33:49
  Speaker 1: investigation phase of this matter. On December fifth, two thousand
• 33:53
  Speaker 1: and seven, Star and left Kwitz sent a letter to
• 33:55
  Speaker 1: Acosta with copies to Slowman and Assistant Attorney General Fisher
• 33:59
  Speaker 1: reaffes firming the NPA, but taking serious issue with the
• 34:03
  Speaker 1: usao's interpretation of the agreement and the use of section
• 34:07
  Speaker 1: twenty two to fifty five. The Star in Leftkowitz letter
• 34:10
  Speaker 1: asserted it was wholly inappropriate for the USAO to send
• 34:14
  Speaker 1: the proposed victim notification letter under any circumstances, and strongly
• 34:18
  Speaker 1: urged the COSTA to withhold the notification letter until after
• 34:22
  Speaker 1: the Defense was able to discuss this matter with Assistant
• 34:25
  Speaker 1: Attorney General Fisher. The following day, Sloman sent a letter
• 34:29
  Speaker 1: Lefkowitz with copies to Acosta and Villafauna, asserting that the
• 34:34
  Speaker 1: obligated the government to notify victims of the US Code eighteen,
• 34:38
  Speaker 1: Section twenty two to fifty five proceedings as other relief
• 34:42
  Speaker 1: to which they are entitled. Sloman also stated that the
• 34:47
  Speaker 1: obligated the government to provide the victims with information concerning
• 34:51
  Speaker 1: restitution to which they may be entitled and the earliest
• 34:54
  Speaker 1: possible notice of the status of the investigation, the filing
• 34:58
  Speaker 1: of charges, and the acceptance of plas emphasis and original.
• 35:02
  Speaker 1: Slowman added, just as in US Code eighteen, section thirty
• 35:06
  Speaker 1: seven seventy one, these sections are not limited to proceedings
• 35:09
  Speaker 1: in federal district court. Our non prosecution agreement resolves the
• 35:13
  Speaker 1: federal investigation by allowing mister Epstein to plead to a
• 35:17
  Speaker 1: state defense. The victims identified through the federal investigation should
• 35:21
  Speaker 1: be appropriately informed, and our non prosecution agreement does not
• 35:25
  Speaker 1: require the U. S. Attorney's Office to forego its legal obligations.
• 35:29
  Speaker 1: Slowman also addresses the defense objection to advising the victims
• 35:33
  Speaker 1: to contact Villafauna or the FBI case agent with questions
• 35:37
  Speaker 1: or concerns. Again, federal law requires that victims have the
• 35:40
  Speaker 1: reasonable right to confer with the attorney for the government
• 35:43
  Speaker 1: in the case. Slowman advised the defense the three victims
• 35:47
  Speaker 1: who were notified prior to your objection had questions directed
• 35:50
  Speaker 1: to mister Epstein's punishment, not the civil litigation. Those questions
• 35:54
  Speaker 1: are appropriately directed to law enforcement. Along with this letter,
• 35:58
  Speaker 1: Slowman forwarded to Lefkowitz or comment or revised draft victim
• 36:02
  Speaker 1: notification letter that was substantially similar to the prior draft
• 36:05
  Speaker 1: provided to the defense. The letter stated that the federal
• 36:08
  Speaker 1: investigation of Jeffrey Epstein had been completed, Epstein would plead
• 36:12
  Speaker 1: guilty in state court, Those parties would recommend eighteen months
• 36:16
  Speaker 1: of imprisonment at sentencing, and Epstein would compensate victims for
• 36:20
  Speaker 1: damages and claims brought under US Code eighteen, section twenty
• 36:24
  Speaker 1: two fifty five. The letter provided specific information concerning the
• 36:28
  Speaker 1: upcoming change of plea hearing, as I mentioned above, is
• 36:31
  Speaker 1: part of the resolution of the federal investigation. Mister Epstein
• 36:35
  Speaker 1: has agreed to plead guilty to stay charges. Mister Epstein's
• 36:39
  Speaker 1: change of plea and sentencing will occur on December fourteenth,
• 36:42
  Speaker 1: two thousand and seven, before Judge Sandra came Vick Sorely
• 36:46
  Speaker 1: in Courtroom eleven F at the Palm Beach County Courthouse,
• 36:50
  Speaker 1: pursuant of Florida Statute section nine six zero dot zero
• 36:54
  Speaker 1: zero one K and nine two one dot one four
• 36:57
  Speaker 1: to three one. You are entitled to be present to
• 36:59
  Speaker 1: make a statement under oath. If you choose, you can
• 37:02
  Speaker 1: submit a written statement under oath, which may be filed
• 37:05
  Speaker 1: by the State Attorney's Office on your behalf. If you
• 37:08
  Speaker 1: elect to prepare a written statement, it should address the
• 37:11
  Speaker 1: following the facts of the case and any extent of
• 37:14
  Speaker 1: any harm, including social, psychological or physical harm, financial losses,
• 37:19
  Speaker 1: loss of earnings directly or indirectly resulting from the crime
• 37:23
  Speaker 1: for which the defendant is being sentenced, and any matter
• 37:26
  Speaker 1: relevant to an appropriate disposition and sentence. Slowman told OPR
• 37:31
  Speaker 1: that he was proceeding under the belief that we are
• 37:34
  Speaker 1: going to notify the victims, even though it wasn't a
• 37:36
  Speaker 1: federal case, whether we were required to or not. Slowman
• 37:40
  Speaker 1: also told OPR that while we didn't think that we
• 37:43
  Speaker 1: had an obligation to send them victim notification letters, I
• 37:46
  Speaker 1: think Marie and the agents were keeping the victims apprized
• 37:50
  Speaker 1: at some level. On December seventh, two thousand and seven,
• 37:53
  Speaker 1: Villa Fauna prepared letters containing the above information to be
• 37:56
  Speaker 1: sent to multiple victims. An email to a Costa in
• 37:59
  Speaker 1: Slowman requesting permission to send them Slowman, however, had that
• 38:03
  Speaker 1: day received a letter from Sanchez advising that Epstein's plea
• 38:07
  Speaker 1: hearing was scheduled for January fourth, two thousand and eight,
• 38:11
  Speaker 1: and requesting that the USAO hold off sending the victim
• 38:14
  Speaker 1: notification letters until we can further discuss the contents. Also
• 38:18
  Speaker 1: that day, starn Lefquwitz submitted to ACOSTA the two lengthy
• 38:22
  Speaker 1: independent ethics opinions supporting the defense arguments against the federal
• 38:26
  Speaker 1: investigation and the NPA's use of US Code eighteen, Section
• 38:30
  Speaker 1: twenty two fifty five. Slowman responded to Villa Fauna's request
• 38:34
  Speaker 1: with an email instructing her to hold the letter. Slowman
• 38:37
  Speaker 1: told OPR that he wanted to push the victim notification
• 38:40
  Speaker 1: letter out, but his instruction to Villa Fauna was the
• 38:43
  Speaker 1: product of me speaking to somebody, although he cannot be
• 38:47
  Speaker 1: definitive as to whom. Slowman further told OPR that once
• 38:51
  Speaker 1: the NPA looked like it was going to fall apart,
• 38:54
  Speaker 1: the USAO had concerns that if we gave them the
• 38:57
  Speaker 1: victim notification letter and the deal fell apart, than the
• 39:00
  Speaker 1: victims would be instantly impeached by the provision that you're
• 39:04
  Speaker 1: entitled to monetary compensation. On December tenth, two thousand and seven,
• 39:08
  Speaker 1: Villa Fauna contacted the attorney who at the time represented
• 39:11
  Speaker 1: the victim who later became CVR petitioner Jane Do two,
• 39:15
  Speaker 1: to inform him that she was preparing victim notification letters.
• 39:19
  Speaker 1: In her twenty seventeen declaration filed in the CVR A litigation,
• 39:24
  Speaker 1: Villa Fauna noted that she reached out to Jane Number
• 39:27
  Speaker 1: two's council despite the fact that the USAO no longer
• 39:31
  Speaker 1: considered her a victim for purposes of the federal charges
• 39:34
  Speaker 1: and continue to treat her as a victim, because she
• 39:37
  Speaker 1: wanted to go above and beyond in terms of caring
• 39:40
  Speaker 1: for the victims. All right, folks, we're going to wrap
• 39:42
  Speaker 1: up right here, and in the next episode dealing with
• 39:45
  Speaker 1: the topic, we're going to pick up with Section E.
• 39:47
  Speaker 1: All of the information that goes with this episode can
• 39:50
  Speaker 1: be found in the description box.