Latest / The Epstein Chronicles / Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 48-51) (7/30/26)

Transcript

Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 48-51) (7/30/26) · The Epstein Chronicles

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
• 0:04
  Speaker 1: In this episode, we're picking up where we left off
• 0:06
  Speaker 1: with the OIG report into Jeffrey Epstein's MPa E December nineteenth,
• 0:12
  Speaker 1: two thousand and seven. Acosta advises the defense that the
• 0:16
  Speaker 1: USAO will defer to the state attorney the decision whether
• 0:20
  Speaker 1: to notify victims of the state plea hearing, but the
• 0:23
  Speaker 1: USAO would notify them of the federal resolution as required
• 0:27
  Speaker 1: by law. On December eleventh, two thousand and seven, Starr
• 0:31
  Speaker 1: transmitted to Acosta to lengthy submissions authored by Lefkowitz presenting
• 0:36
  Speaker 1: substantative challenges to the NPA and to the background and
• 0:40
  Speaker 1: conduct of the investigation into Epstein regarding issues relevant to
• 0:44
  Speaker 1: victim notification. In his transmittal letter, Star asserted that the
• 0:48
  Speaker 1: latest episodes, involving section twenty two fifty five notification to
• 0:53
  Speaker 1: the alleged victims, put illustratively in bold relief our concerns
• 0:58
  Speaker 1: that the ends of justice time and time again are
• 1:00
  Speaker 1: not being served. By way of example, Star complained the
• 1:04
  Speaker 1: government had recently inappropriately provided oral notification of the victim
• 1:09
  Speaker 1: notification letter to one girl's attorney, even though it was
• 1:12
  Speaker 1: clear from the girls recorded FBI interview that she did not,
• 1:16
  Speaker 1: in any manner view herself as a victim. In his submissions,
• 1:19
  Speaker 1: left Kuwitz argue that the government was not required to
• 1:22
  Speaker 1: notify victims of the section twenty two to fifty five provision.
• 1:27
  Speaker 1: Villafana's decision to utilize a civil remedy statute in the
• 1:31
  Speaker 1: place of a restitution fund for the alleged victims eliminates
• 1:34
  Speaker 1: the notification requirement under the Justice for All Act of
• 1:38
  Speaker 1: two thousand and four, a federal law that requires federal
• 1:41
  Speaker 1: authorities to notify victims as to any available restitution, not
• 1:46
  Speaker 1: of any potential civil remedies. Despite this fact, she proposed
• 1:49
  Speaker 1: a victim's notification letter to be sent to the alleged
• 1:52
  Speaker 1: federal victims. Left Kowitz also argued that a victim trust
• 1:57
  Speaker 1: fund would provide a more appropriate mechanism for compensating the
• 2:00
  Speaker 1: victims than the government's proposed use of US Code eighteen,
• 2:04
  Speaker 1: Section twenty two fifty five, and a trust fund would
• 2:07
  Speaker 1: not violate Epstein's due process rights. Lefkowitz took issue with
• 2:11
  Speaker 1: a government's assertion that the USAO was obligated to send
• 2:15
  Speaker 1: a victim notification letter to the alleged victims, or even
• 2:19
  Speaker 1: that it was appropriate for the USAO to do so.
• 2:22
  Speaker 1: Lefkowitz further argued that the government misinterpreted both the CVRA
• 2:27
  Speaker 1: and the VRRA because neither applied to a public state
• 2:31
  Speaker 1: court proceeding involving the entry of a plea on state charges.
• 2:35
  Speaker 1: In a letter from Villafauna to Lefkowitz responding to his
• 2:39
  Speaker 1: allegations that she had committed misconduct, she specifically addressed the
• 2:43
  Speaker 1: false allegations that the government had informed victims of their
• 2:47
  Speaker 1: right to collect damages prior to a thorough investigation of
• 2:50
  Speaker 1: the allegations against mister Epstein. None of the victims were
• 2:54
  Speaker 1: informed of the right to sue under section twenty two
• 2:57
  Speaker 1: to fifty five prior to the investigation of the claims.
• 3:01
  Speaker 1: Three victims were notified shortly after signing of the NPA
• 3:05
  Speaker 1: of the general terms of the agreement. You raised objections
• 3:08
  Speaker 1: to any victim notification, and no further notifications were done
• 3:12
  Speaker 1: throughout this process. You have seen that I have prepared
• 3:15
  Speaker 1: this case as though it would proceed to trial, notifying
• 3:18
  Speaker 1: the witnesses of the possibility of damage's claims prior to
• 3:22
  Speaker 1: concluding the matter by plea or trial would only undermine
• 3:25
  Speaker 1: my case if my reassurances are insufficient. The fact that
• 3:29
  Speaker 1: not a single victim is threatened tossue mister Epstein should
• 3:32
  Speaker 1: assure you of the integrity of the investigation. On December fourteenth,
• 3:36
  Speaker 1: two thousand and seven, Villa Fauna forwarded to Acosta the
• 3:39
  Speaker 1: draft victim notification letter previously sent to the defense, along
• 3:44
  Speaker 1: with two draft letters addressed to State Attorney Krisher. Villa
• 3:47
  Speaker 1: Fauna's transmittal email to Acosta had the subject line, the
• 3:51
  Speaker 1: letters you requested. One of the draft letters to Krisher
• 3:54
  Speaker 1: to be signed by Villa Fauna was to advise that
• 3:57
  Speaker 1: the USAO had sent an enclosed victim though notification letter
• 4:01
  Speaker 1: to specified identified victims and referred to an inclosed list
• 4:05
  Speaker 1: of the identified victims and their contact information in case
• 4:09
  Speaker 1: you were required to provide them with any further notification
• 4:13
  Speaker 1: regarding their rights under Florida law. The second draft letter
• 4:16
  Speaker 1: to Krisher for Acosta signature requested that Krisher respond to
• 4:21
  Speaker 1: defense counsel's allegations that the State Attorney's office was not
• 4:25
  Speaker 1: comfortable with the proposed plea and sentenced because it believed
• 4:28
  Speaker 1: that the case should be resolved of probation and no
• 4:31
  Speaker 1: sexual offender registration. OPR found no evidence that these letters
• 4:36
  Speaker 1: were sent to Krisher. A few days later, in an
• 4:38
  Speaker 1: apparent effort to move forward with victim notifications, Villafauna emailed Slowman, stating,
• 4:44
  Speaker 1: is there anything that I or the agent should be doing.
• 4:46
  Speaker 1: Villa Fauna told Sloman that the FBI case agent is
• 4:49
  Speaker 1: all worked up because another agent and the named Ausa
• 4:54
  Speaker 1: are the subject of an OPR investigation for failing to
• 4:57
  Speaker 1: properly confer with and notify VICTI in an unrelated matter.
• 5:01
  Speaker 1: We seem to be in a catch twenty two. OPR
• 5:04
  Speaker 1: did not find a response to villepon his email in
• 5:07
  Speaker 1: their December fourteenth, two thousand and seven meeting with Acosta
• 5:11
  Speaker 1: and other USAO personnel. In their lengthy follow up letter
• 5:15
  Speaker 1: to Acosta on December seventeenth, two thousand and seven, Star
• 5:18
  Speaker 1: and left Kowitz continued to press their objections to the
• 5:21
  Speaker 1: usao's involvement in the Epstein matter. They requested that Acosta
• 5:26
  Speaker 1: review the appropriateness of the potential federal charges and the
• 5:29
  Speaker 1: government's unprecedentally expansive interpretation of US Code eighteen, Section twenty
• 5:35
  Speaker 1: two fifty five. In a December nineteenth, two thousand and seven,
• 5:39
  Speaker 1: response to the defense team, Acosta offered to revise two
• 5:43
  Speaker 1: paragraphs in the NPA to resolve disagreements with the Defense
• 5:47
  Speaker 1: had to clarify that the parties intended Epstein's section twenty
• 5:51
  Speaker 1: two to fifty five liability to place these identified victims
• 5:55
  Speaker 1: in the same position as they would have been if
• 5:58
  Speaker 1: mister Epstein had been convicted at SR No more, no less.
• 6:01
  Speaker 1: Acosta also advised that although the USAO intended to notify
• 6:06
  Speaker 1: the victims of the resolution of the federal investigation, the
• 6:10
  Speaker 1: USAO would leave that to the state attorney the decision
• 6:13
  Speaker 1: whether to notify victims about the state proceedings. I understand
• 6:17
  Speaker 1: that the defense objects to the victims being given notice
• 6:20
  Speaker 1: of the time and place of mister Epstein's state court
• 6:23
  Speaker 1: sentencing hearing. I have reviewed the proposed victim notification letter
• 6:27
  Speaker 1: and the statute. I would note that the United States
• 6:30
  Speaker 1: provided the draft letter to the Defense as a courtesy.
• 6:33
  Speaker 1: In addition, First Assistant United States Attorney Slowman already incorporated
• 6:37
  Speaker 1: in the letter several edits that had been requested by
• 6:41
  Speaker 1: Defense counsel. I agree that the CVRA applies to notice
• 6:45
  Speaker 1: of proceedings and results of investigations of federal crimes as
• 6:49
  Speaker 1: opposed to the state crime. We intend to provide victims
• 6:52
  Speaker 1: with notice of the federal resolution as required by law.
• 6:56
  Speaker 1: We will defer to the discretion of the State Attorney
• 6:59
  Speaker 1: where reguarding whether he wishes to provide victims with notice
• 7:03
  Speaker 1: of the state proceedings, although we will provide him with
• 7:06
  Speaker 1: the information necessary to do so if he wishes. A
• 7:09
  Speaker 1: Costa told OPR that he would not have sent this
• 7:12
  Speaker 1: letter without running it by Sloman if not other individuals
• 7:15
  Speaker 1: in the office, and records show he sent a draft
• 7:18
  Speaker 1: to Sloman and Villafauna. Acosta explained to OPR that he
• 7:22
  Speaker 1: was not concerned about deferring to Krisher on the issue
• 7:25
  Speaker 1: of whether to notify the victims of the state proceedings
• 7:28
  Speaker 1: because he did not view that as his role or
• 7:30
  Speaker 1: the role of the USAO, to direct the State Attorney's
• 7:34
  Speaker 1: Office on its obligations with respect to the state outcome.
• 7:37
  Speaker 1: Acosta further explained to OPR that, despite the usao's initial
• 7:41
  Speaker 1: concerns about the State Attorney's office handling of the Epstein case,
• 7:45
  Speaker 1: he did not believe it was appropriate to question that
• 7:49
  Speaker 1: office ability to fulfill whatever obligation they have, and he added,
• 7:53
  Speaker 1: let's not assume that the State Attorney's office is full
• 7:55
  Speaker 1: of bad actors. A Costa told OPR that it was
• 7:59
  Speaker 1: his understanding that the victims would be aware of what
• 8:02
  Speaker 1: was happening in the state court and have an opportunity
• 8:05
  Speaker 1: to speak up at the state court hearing. Acosta also
• 8:08
  Speaker 1: told OPR that the state would have notified the victims
• 8:11
  Speaker 1: that that was an all encompassing plea and that the
• 8:14
  Speaker 1: state court sentence would also mean that the federal government
• 8:17
  Speaker 1: was not proceeding. Slowman told OPR that he thought Acosta
• 8:22
  Speaker 1: and Criminal Division Deputy Assistant Attorney General Sigle Mandelker had
• 8:26
  Speaker 1: agreed that the decision whether to notify the victims of
• 8:29
  Speaker 1: the state court proceedings should be left to the state. Mandelker, however,
• 8:33
  Speaker 1: had no memory of advising Acosta to defer that decision
• 8:37
  Speaker 1: to make notifications to the state attorney, and she noted
• 8:40
  Speaker 1: that the correspondence OPR provided to me from that time
• 8:43
  Speaker 1: period discussing such a decision demonstrates that all of the
• 8:47
  Speaker 1: reference language came from mister Acosta and or his team,
• 8:50
  Speaker 1: and that I did not provide suggest or edit the language.
• 8:53
  Speaker 1: Slowman told OPR that he initially believed that the victims
• 8:57
  Speaker 1: were going to be notified at some level, especially because
• 9:00
  Speaker 1: they had restitution rights under Section twenty two to fifty five,
• 9:05
  Speaker 1: but his expectations changed after there was an agreement made
• 9:08
  Speaker 1: that we were going to allow the state, since it
• 9:11
  Speaker 1: was going to be a state case, to decide how
• 9:13
  Speaker 1: the victims were going to be notified. Assistant State Attorney
• 9:17
  Speaker 1: Bellohovlik told OPR that she did not at any time
• 9:20
  Speaker 1: receive a victim list from the USAO. She further said
• 9:24
  Speaker 1: she did not receive any requests from the USAO with
• 9:27
  Speaker 1: regard to contacting the victims. In response to Acosta's December nineteenth,
• 9:32
  Speaker 1: two thousand and seven letter, Lefkowitz asserted that the FBI
• 9:35
  Speaker 1: should not communicate with the victims and that the state,
• 9:38
  Speaker 1: not the USAO, should determine who can be heard at
• 9:42
  Speaker 1: the sentencing hearing. Your letter that suggests that your objection
• 9:45
  Speaker 1: to your office proposed victims notification letter was that the
• 9:48
  Speaker 1: women identified as victims of federal crimes should not be
• 9:52
  Speaker 1: notified of the state proceedings. That's not true, as our
• 9:56
  Speaker 1: previous letter clearly states, putting aside our threshold contention that
• 10:00
  Speaker 1: many of those to whom CVR notification letters are intended
• 10:04
  Speaker 1: are in fact not victims as defined as the Attorney
• 10:07
  Speaker 1: General's two thousand Victim witness Guidelines, a status requiring physical
• 10:11
  Speaker 1: emotional injuries to the victim. It was and remains our
• 10:15
  Speaker 1: position that these women may be notified of such proceedings,
• 10:18
  Speaker 1: but since they are neither witnesses nor victims to the
• 10:21
  Speaker 1: state prosecution of this matter, they should not be informed
• 10:24
  Speaker 1: of fictitious rights or invited to make swarn written or
• 10:28
  Speaker 1: in court testimonial statements against mister Epstein at such proceedings,
• 10:32
  Speaker 1: as Mimss Villa Fauna repeatedly maintained they had the right
• 10:35
  Speaker 1: to do. Additionally, it was and remains our position that
• 10:39
  Speaker 1: any notification should be by mail, and that all proactive
• 10:43
  Speaker 1: efforts by the FBI to have communications with the witnesses
• 10:46
  Speaker 1: after the execution of the agreement should finally come to
• 10:49
  Speaker 1: an end. We agree, however, with your December nineteenth modification
• 10:54
  Speaker 1: of the previously drafted federal notification letter, and agree that
• 10:58
  Speaker 1: the decision as to who can be heard at a
• 11:00
  Speaker 1: state sentencing is, amongst many other issues, properly within the
• 11:04
  Speaker 1: aegis of the state decision making. Following a conversation between
• 11:09
  Speaker 1: Acosta and left Kowitz in which Acosta asks that the
• 11:11
  Speaker 1: defense clarify its positions on the USAO proposals regarding, among
• 11:16
  Speaker 1: other things, notification to the victims, Lefkowitz responded with a
• 11:20
  Speaker 1: December twenty six, two thousand and seven, letter to Acosta,
• 11:24
  Speaker 1: objecting again to notification of the victims. Lefkowitz argued that
• 11:29
  Speaker 1: CVRA notification was not appropriate because the Attorney General guidelines
• 11:33
  Speaker 1: define crime victim as a person harmed as a result
• 11:36
  Speaker 1: of an offense charged in federal district court, and Epstein
• 11:39
  Speaker 1: had not been charged in federal court. Nevertheless, Lefkowitz added
• 11:44
  Speaker 1: that despite their objection to CVRA notification, we do not object,
• 11:49
  Speaker 1: as we made clear in our letter last week, that
• 11:51
  Speaker 1: some form of notice be given to the alleged victims.
• 11:54
  Speaker 1: Lefkowitz requested both that the defense be given an opportunity
• 11:59
  Speaker 1: to review any no it is sent by the USAO,
• 12:01
  Speaker 1: and that any and all notices with respect to the
• 12:04
  Speaker 1: alleged victims of state offenses should be sent to the
• 12:07
  Speaker 1: state Attorney rather than the USAO, and he agreed that
• 12:11
  Speaker 1: the USAO should defer to the discretion of the state
• 12:14
  Speaker 1: attorney regarding all matters with regard to those victims and
• 12:17
  Speaker 1: state proceedings. Months later, in April two thousand and eight,
• 12:21
  Speaker 1: Epstein's attorneys can played in a letter to Mandelker that
• 12:24
  Speaker 1: Slowman and Villa Fauna committed professional misconduct by threatening to
• 12:28
  Speaker 1: send a highly improper and unusual victim notification letter to
• 12:32
  Speaker 1: all victims. All right, we're going to wrap up right there,
• 12:35
  Speaker 1: and in the next episode we're going to pick up
• 12:37
  Speaker 1: with Part F. All of the information that goes with
• 12:40
  Speaker 1: this episode can be found in the description box. What's up, everyone,
• 12:45
  Speaker 1: and welcome back to the Epstein Chronicles. In this episode,
• 12:48
  Speaker 1: we're going to continue on with the OIG report into
• 12:52
  Speaker 1: Jeffrey Epstein's NPA f January through June two thousand and eight,
• 12:58
  Speaker 1: while the defense presses its appeal to the Department in
• 13:02
  Speaker 1: an effort to undo the NPA, the FBI and the
• 13:04
  Speaker 1: USAO continue investigating Epstein, as described in Chapter two of
• 13:10
  Speaker 1: this report. From the time the NPA was signed through
• 13:13
  Speaker 1: the end of June two thousand and eight, the defense
• 13:15
  Speaker 1: employed various measures to delay or avoid entirely implementation of
• 13:20
  Speaker 1: the NPA. Ultimately, defense counsel's advocacy resulted in the usao's
• 13:25
  Speaker 1: decision to have the federal case reviewed afresh. A review
• 13:29
  Speaker 1: of the evidence was undertaken first by USAO Criminal Chief
• 13:33
  Speaker 1: Robert Signior, and then briefly by an experienced CEOs trial attorney.
• 13:38
  Speaker 1: A review of the case in light of the defense
• 13:41
  Speaker 1: challenges was then conducted by CEO's chief Osterbahn in consultation
• 13:46
  Speaker 1: with his staff and with Deputy Assistant Attorney General Sigel
• 13:50
  Speaker 1: Mandelker and Assistant Attorney General Alice Fisher, and then by
• 13:54
  Speaker 1: the Office of the Deputy Attorney General. Each review took
• 13:57
  Speaker 1: weeks in delayed Epstein's entry of his state guilty plea
• 14:01
  Speaker 1: as set fourth below. During that time, Villa Fauna and
• 14:04
  Speaker 1: the FBI continued investigating and working toward potential federal charges.
• 14:09
  Speaker 1: One Villa Fauna prepares to contact victims in anticipation that
• 14:14
  Speaker 1: Epstein will breach the NPA. On January third, two thousand
• 14:18
  Speaker 1: and eight, local newspaper reported that Epstein's plea conference in
• 14:21
  Speaker 1: state court at that point, set for early January, had
• 14:25
  Speaker 1: been rescheduled to March two thousand and eight, at which
• 14:28
  Speaker 1: time he would plead guilty to felony solicitation of prostitution,
• 14:32
  Speaker 1: and that in exchange for the guilty plea, federal authorities
• 14:36
  Speaker 1: are expected to drop their probe intil whether Epstein broke
• 14:39
  Speaker 1: any federal laws. Nevertheless, as Epstein's team continued to argue
• 14:44
  Speaker 1: the higher levels of the department that there was no
• 14:47
  Speaker 1: appropriate federal interest in prosecuting Epstein and thus no basis
• 14:50
  Speaker 1: for the NPA, and with his attorneys asserting that the
• 14:54
  Speaker 1: facts had gotten better for Epstein, Villa Fauna came to
• 14:57
  Speaker 1: believe that Epstein would likely breach the NPA. In January
• 15:01
  Speaker 1: two thousand and eight, Villa Fauna informed her supervisors that
• 15:04
  Speaker 1: the FBI had very tight contact with the victims several
• 15:08
  Speaker 1: months ago when we were prepared to file charges, but
• 15:12
  Speaker 1: all the shenanigans over the past few months have resulted
• 15:15
  Speaker 1: in no contact with the vast majority of the victims.
• 15:18
  Speaker 1: Vila Fauna then proposed that the FBI re established contact
• 15:22
  Speaker 1: with all the victims so that we know we can
• 15:24
  Speaker 1: rely on them at trial. Bila Fauna told OPR at
• 15:28
  Speaker 1: this point, while the case was being investigated and prepared
• 15:31
  Speaker 1: for indictment, I did not prepare or send any victim
• 15:34
  Speaker 1: notification letters, there simply was nothing to update. I did
• 15:38
  Speaker 1: not receive any victim calls during this time. Two. The
• 15:41
  Speaker 1: FBI uses VNS form letters to re establish contact with victims.
• 15:46
  Speaker 1: On January tenth, two thousand and eight, the FBI Victim
• 15:49
  Speaker 1: Specialist melt VNS generated victim notification letters to fourteen victims,
• 15:54
  Speaker 1: articulating the eight CVR rights and inviting recipients to update
• 15:59
  Speaker 1: their content information with the FBI in order to obtain
• 16:03
  Speaker 1: current information about the matter. The case agent informed Villa
• 16:06
  Speaker 1: Fauna in an email that the Victim Specialists sent a
• 16:09
  Speaker 1: standard form FBI letter to the remaining identified victims. These
• 16:14
  Speaker 1: two thousand and eight letters were identical to the FBI
• 16:17
  Speaker 1: form letters the victim specialist had sent to victims between
• 16:20
  Speaker 1: August twenty eighth, two thousand and six and October twelfth,
• 16:24
  Speaker 1: two thousand and seven. Like those previous letters, most of
• 16:28
  Speaker 1: which were sent before the NPA was signed on September
• 16:31
  Speaker 1: twenty fourth, two thousand and seven, the two thousand and
• 16:34
  Speaker 1: eight letters described the case as currently under investigation and
• 16:37
  Speaker 1: noted that this can be a lengthy process and we
• 16:40
  Speaker 1: request your continued patients while we conduct a thorough investigation.
• 16:44
  Speaker 1: The letter also stated, we will make our best efforts
• 16:47
  Speaker 1: to ensure you are accorded the rights described. Most of
• 16:51
  Speaker 1: these rights pertain to events occurring after the arrest or
• 16:53
  Speaker 1: indictment of an individual for the crime, and it will
• 16:56
  Speaker 1: become the responsibility of the prosecuting United States Attorneys Office
• 17:00
  Speaker 1: to ensure you were accorded those rights. You may also
• 17:03
  Speaker 1: seek the advice of a private attorney with respect to
• 17:06
  Speaker 1: these rights. The FBI case agent informed Villa Fauna that
• 17:10
  Speaker 1: the victim's specialist sent the letters and would follow up
• 17:13
  Speaker 1: with a phone call to offer assistance and ensure the
• 17:15
  Speaker 1: victims had received their letter. A sample letter is shown
• 17:19
  Speaker 1: on the following pages. Villa Fauna told OPR that she
• 17:22
  Speaker 1: did not recall discussing the content of the letters at
• 17:25
  Speaker 1: the time they were sent to the victims, or reviewing
• 17:28
  Speaker 1: the letters until they were collected for the CVR A
• 17:31
  Speaker 1: litigation some time after July two thousand and eight. Rather,
• 17:35
  Speaker 1: according to a Villa Fauna, the decision to issue the
• 17:38
  Speaker 1: letter and the wording of those letters were exclusively FBI decisions. Nevertheless,
• 17:43
  Speaker 1: Villa Fauna asserted to OPR that from her perspective, the
• 17:46
  Speaker 1: language regarding the ongoing investigation was absolutely true, and despite
• 17:51
  Speaker 1: being fully advised of our ongoing investigative activities, no one
• 17:55
  Speaker 1: in my supervisory chain ever told me that the case
• 17:58
  Speaker 1: was not under investigation. Villafauna identified various investigative activities in
• 18:03
  Speaker 1: which she engaged from September two thousand seven until the
• 18:07
  Speaker 1: end of June two thousand and eight, such as collecting
• 18:09
  Speaker 1: and reviewing evidence, interviewing new victims, reinterviewing victims, identifying new charges,
• 18:15
  Speaker 1: developing new charging strategies, drafting supplemental prosecution memoranda, revising the
• 18:21
  Speaker 1: charging package, and preparing to file charges. Similarly, the FBI
• 18:25
  Speaker 1: case agent told OPR that at the time the letters
• 18:28
  Speaker 1: were sent, the case was never closed and the investigation
• 18:32
  Speaker 1: was continuing. The cocase agent stated that the case was open,
• 18:36
  Speaker 1: it's never been shut down. Victim Courtney Wilde, received one
• 18:40
  Speaker 1: of the January tenth, two thousand and eight, FBI letters
• 18:43
  Speaker 1: much later in the course of the CVRA litigation. She
• 18:47
  Speaker 1: stated that her understanding of this letter was that her
• 18:50
  Speaker 1: case was still being investigated and the FBI and prosecutors
• 18:53
  Speaker 1: were moving forward on the federal prosecution of Epstein for
• 18:56
  Speaker 1: his crimes against her. Three Villafauna, the FA and the
• 19:01
  Speaker 1: CEO's trial attorney interview the victims as Villa Fauna resumed
• 19:05
  Speaker 1: organizing the case for charging and trial. The FBI case
• 19:09
  Speaker 1: agent provided Villa Fauna with a list of nineteen identified
• 19:12
  Speaker 1: victims we are planning on using in the federal charges
• 19:16
  Speaker 1: and noted that she and her co case agent wanted
• 19:19
  Speaker 1: to further evaluate some additional victims. In Washington, DC, CEOs
• 19:24
  Speaker 1: assigned a trial attorney to the Epstein case in order
• 19:27
  Speaker 1: to bring expertise and a national perspective to the matter.
• 19:31
  Speaker 1: On January eighteenth, two thousand and eight, one attorney representing
• 19:35
  Speaker 1: a victim and her family contacted Sloman by telephone, stating
• 19:38
  Speaker 1: that he planned to file civil litigation against Epstein on
• 19:42
  Speaker 1: behalf of his clients, who were frustrated with the lack
• 19:44
  Speaker 1: of progress in the state's investigation of Epstein. The attorney
• 19:49
  Speaker 1: asked Slowman if the USAO could file criminal charges even
• 19:52
  Speaker 1: though the state was looking into the matter, but Slowman
• 19:55
  Speaker 1: declined to answer his questions concerning the investigation. In late January,
• 20:01
  Speaker 1: the New York Post reported that the attorney's clients had
• 20:04
  Speaker 1: filed a fifty million dollars civil suit against Epstein in
• 20:07
  Speaker 1: Florida and that Epstein is expected to be sentenced to
• 20:10
  Speaker 1: eighteen months in prison when he pleads guilty in March
• 20:13
  Speaker 1: to a single charge of soliciting and underage prostitute. Between
• 20:17
  Speaker 1: January thirty first, two thousand and eight and January twenty eight,
• 20:20
  Speaker 1: two thousand and eight, the FBI, which the prosecutors, interviewed
• 20:24
  Speaker 1: additional victims and reinterviewed several who had been interviewed before
• 20:28
  Speaker 1: the NPA was signed. In late January two thousand and eight,
• 20:32
  Speaker 1: as Villa Fauna and CEO's trial attorney prepared to participate
• 20:37
  Speaker 1: in the FBI interviews of Wild and other victims, Villa
• 20:40
  Speaker 1: Fauna informed CEO's chief Asterbond that she anticipated the victims
• 20:44
  Speaker 1: would be concerned about the status of the case. On
• 20:48
  Speaker 1: January thirty first, two thousand and eight, Villa Fauna, the
• 20:52
  Speaker 1: CEOs trial attorney, and the FBI interviewed three victims, including Wild.
• 20:57
  Speaker 1: Prior to the interview, Wild had received the FBI's January tenth,
• 21:01
  Speaker 1: two thousand and eight letter stating that the case was
• 21:03
  Speaker 1: under investigation. However, according to the case agent, Wild and
• 21:07
  Speaker 1: two other victims had also been told by the FBI
• 21:10
  Speaker 1: in October of two thousand and seven that the case
• 21:13
  Speaker 1: had been resolved. In her twenty fifteen CVR case declaration,
• 21:17
  Speaker 1: Wild stated that after receiving the FBI letter, she believed
• 21:20
  Speaker 1: that the FBI was investigating the case and she was
• 21:23
  Speaker 1: told about any NPA or any potential resolution of the
• 21:28
  Speaker 1: federal criminal investigation I was cooperating in. If I had
• 21:31
  Speaker 1: been told of an NPA, I would have objected. In
• 21:34
  Speaker 1: Villa Fauna's twenty seventeen declaration in the CVRAA litigation, Vili
• 21:39
  Speaker 1: Fauna recalled interviewing Wild on January thirty first, two thousand
• 21:43
  Speaker 1: and eight, along with FBI agents, and Villa Fauna told
• 21:46
  Speaker 1: OPR she asked Wild whether she would be willing to
• 21:49
  Speaker 1: testify if there was a trial. Villa Fanna recalled Wild
• 21:53
  Speaker 1: responding that she hoped Epstein would be prosecuted and that
• 21:56
  Speaker 1: she was willing to testify. After the first three victim
• 21:59
  Speaker 1: in hers on January thirty first, two thousand and eight,
• 22:02
  Speaker 1: Billa Fauna described for Acosta and Slowman, the told that
• 22:05
  Speaker 1: the case had taken on two of the victims. One
• 22:08
  Speaker 1: girl broke down sobbing so that we had to stop
• 22:10
  Speaker 1: the interview twice. She said she was having nightmares about
• 22:13
  Speaker 1: Epstein coming after, and she started to break down again,
• 22:16
  Speaker 1: so we stopped the interview. The second girl was very
• 22:19
  Speaker 1: upset about the eighteen month deals she had read about
• 22:22
  Speaker 1: in the paper. She said that eighteen months was nothing
• 22:25
  Speaker 1: and that she had heard that the girls could get restitution,
• 22:28
  Speaker 1: but she would rather not get any money and have
• 22:30
  Speaker 1: Epstein spend a significant time in jail. Villa Fauna closed
• 22:34
  Speaker 1: the email by requesting that Acosta and Slowman attend the
• 22:37
  Speaker 1: interviews with victims schedule for the following day, but neither
• 22:40
  Speaker 1: did so. Acosta told OPR that it wasn'typical for him
• 22:44
  Speaker 1: as US attorney to attend witness interviews, and further that
• 22:48
  Speaker 1: no one in the USAO was questioning the pain or
• 22:50
  Speaker 1: suffering of the victims. Slowman told OPR that he himself
• 22:54
  Speaker 1: had never gone to a line assistants victim or witness interview.
• 22:58
  Speaker 1: Bila Fauna told OPR that although three of the victims
• 23:02
  Speaker 1: interviewed during this period had been notified by the FBI
• 23:05
  Speaker 1: in October two thousand and seven about the resolution of
• 23:08
  Speaker 1: the case, at this point, Villa Fauna did not specifically
• 23:11
  Speaker 1: tell these victims that there was a signed non prosecution
• 23:14
  Speaker 1: agreement that had these terms. Villa Fauna also told OPR
• 23:18
  Speaker 1: that she didn't talk about money because she didn't want
• 23:21
  Speaker 1: there to be an allegation at the time of trial
• 23:23
  Speaker 1: that the victims were either exaggerating their claims or completely
• 23:27
  Speaker 1: making up claims in order to increase the damage's amount. Rather,
• 23:31
  Speaker 1: according to Villa Fauna, she told three victims that an
• 23:34
  Speaker 1: agreement had been reached where Epstein was going to be
• 23:36
  Speaker 1: entering a guilty plea, but it doesn't look like the
• 23:39
  Speaker 1: intends to actually perform and now it looks like this
• 23:41
  Speaker 1: may have to be charged and may have to go
• 23:44
  Speaker 1: to trial. Villafana recalled explaining that the case was under investigation,
• 23:49
  Speaker 1: that they were preparing the case for charging again and
• 23:52
  Speaker 1: expressing our hope that the charges would be brought. Vila
• 23:55
  Speaker 1: Fauna recall one victim making a comment about the amount
• 23:59
  Speaker 1: of imprisonment time and why was it so low, and
• 24:02
  Speaker 1: Villa Fauna answered that was the agreement that the office
• 24:05
  Speaker 1: had reached with regard to the victims. Villa Funa interviewed
• 24:09
  Speaker 1: who had not received an FBI notification in October of
• 24:12
  Speaker 1: two thousand and seven. Villa Fana recalled discussing one victim
• 24:16
  Speaker 1: safety concerns, but not whether they discussed the agreement. She
• 24:20
  Speaker 1: recalled telling another victim that we thought we had reached
• 24:23
  Speaker 1: an agreement with Epstein and then we didn't, but was
• 24:26
  Speaker 1: pretty sure that she did not mention the agreement. During
• 24:29
  Speaker 1: the interview of the third victim, Villa Fauna explained that
• 24:32
  Speaker 1: she likely did not discuss the agreement because at that point,
• 24:36
  Speaker 1: I just felt like it was non existent. The victim
• 24:38
  Speaker 1: didn't know anything about it beforehand, and as far as
• 24:41
  Speaker 1: I could tell, it was going to end up being
• 24:43
  Speaker 1: thrown onto the heap, and I didn't want to if
• 24:45
  Speaker 1: you tell people, oh, look, he's already admitted that he's guilty,
• 24:48
  Speaker 1: like I didn't want that the colorish statement. I wanted
• 24:51
  Speaker 1: to get the facts of the case. The CEO's trial
• 24:54
  Speaker 1: attorney told LOPR that she did not recall any discussions
• 24:58
  Speaker 1: with the victims about the NPA or the status of
• 25:00
  Speaker 1: the case. She did remember explaining the significance of the
• 25:04
  Speaker 1: prosecution to one victim who did not think anything should
• 25:07
  Speaker 1: happen to Epstein. The FBI case agent told OPR that
• 25:11
  Speaker 1: she did not recall the January two thousand and eight interviews.
• 25:14
  Speaker 1: OPR located notes to an FBI interviewer report stating that
• 25:18
  Speaker 1: one of the victims wanted another victim to be prosecuted.
• 25:22
  Speaker 1: Attorneys for the two victims other than Wild, who had
• 25:25
  Speaker 1: been notified by the FBI in October two thousand and
• 25:27
  Speaker 1: seven about the resolution of the case, informed OPR that,
• 25:31
  Speaker 1: as of twenty twenty, their clients had no memory of
• 25:34
  Speaker 1: meeting with prosecutors and did not recall learning any information
• 25:38
  Speaker 1: about Epstein's guilty plea until after the plea was entered
• 25:41
  Speaker 1: on June thirtieth, two thousand and eight. When asked whether
• 25:44
  Speaker 1: she was concerned about her statements and they would mislead
• 25:47
  Speaker 1: the victims, Villafana told OPR, from my perspective, we were
• 25:51
  Speaker 1: conducting an investigation. It was an investigation that was going
• 25:54
  Speaker 1: to lead to an indictment. You know, I was interviewing witnesses,
• 25:58
  Speaker 1: I was issuing legal processes. I was doing all these
• 26:01
  Speaker 1: things to take the case to a federal indictment and
• 26:03
  Speaker 1: a federal trial. To me, saying to a victim the
• 26:06
  Speaker 1: case is now back under investigation is perfectly accurate. All right, folks,
• 26:10
  Speaker 1: We're gonna wrap up this episode right here, and in
• 26:12
  Speaker 1: the next episode, we're gonna pick up with four February
• 26:16
  Speaker 1: through March two thousand and eight. All of the information
• 26:19
  Speaker 1: that goes with this episode can be found in the
• 26:22
  Speaker 1: description box. What's up everyone, and welcome back to the
• 26:25
  Speaker 1: Epstein Chronicles. In this episode, we're picking up where we
• 26:29
  Speaker 1: left off with the OIG report into Jeffrey Epstein's NPA
• 26:35
  Speaker 1: number four February through March two thousand and eight, Villa
• 26:39
  Speaker 1: Fauna takes additional steps to prepare for a prosecution of Epstein,
• 26:43
  Speaker 1: arranges for pro bono attorneys for victims, and cautions about
• 26:47
  Speaker 1: continued delay. In February of two thousand and eight, Villa
• 26:51
  Speaker 1: Fauna revised the prosecution memorandum. In supplemental memorandum, Villa Fauna
• 26:56
  Speaker 1: removes some victims known to Epstein from PbD investigation and
• 27:00
  Speaker 1: others subject to impeachment as a result of civil suits
• 27:03
  Speaker 1: they filed against Epstein, added newly discovered victims, and made
• 27:08
  Speaker 1: changes to the proposed indictment. While the defense appealed the
• 27:12
  Speaker 1: usao's decision to prosecute Epstein the higher levels of the department,
• 27:16
  Speaker 1: Billa Fauna sought help for her victims, whom defense investigators
• 27:21
  Speaker 1: were harassing and attempting to subpoena for depositions as part
• 27:25
  Speaker 1: of Epstein's defense in civil lawsuits that some victims had
• 27:29
  Speaker 1: brought against them, as well as purportedly in connection with
• 27:32
  Speaker 1: the state criminal case. Villa Fauna reported to her supervisors
• 27:36
  Speaker 1: that she was able to locate a National Crime Victim
• 27:39
  Speaker 1: Service organization to provide attorneys for the victims, and the
• 27:42
  Speaker 1: FBI Victims specialists contacted some victims to provide contact information
• 27:47
  Speaker 1: for the attorneys. During this period, an attorney from the
• 27:51
  Speaker 1: victim's Service organization was able to help Courtney Wilde avoid
• 27:55
  Speaker 1: and in proper deposition. Villa Fauna also informed her supervisors,
• 27:59
  Speaker 1: including Stop, that one of the victims tried to commit
• 28:02
  Speaker 1: suicide last week and advocated aggressively for a resolution to
• 28:06
  Speaker 1: the case. I just can't stress enough how important it
• 28:10
  Speaker 1: is for these girls to have resolution in this case.
• 28:14
  Speaker 1: The please be patient answer is really wearing thin, especially
• 28:17
  Speaker 1: when Epstein's group is still on the attack while we
• 28:20
  Speaker 1: are forced to wait on the sidelines. Five March through
• 28:24
  Speaker 1: April two thousand and eight, Villa Fauna continues to prepare
• 28:27
  Speaker 1: for filing federal charges. Villa Fauna continued to revise the
• 28:31
  Speaker 1: proposed charges by adding new victims and removing others who
• 28:34
  Speaker 1: had filed civil suits against Epstein. Billa Fauna also prepared
• 28:38
  Speaker 1: search warrants for digital camera memory cards seized by PbD
• 28:42
  Speaker 1: in order to have them forensically examined for deleted images
• 28:47
  Speaker 1: that could contain cp By early April two thousand and eight,
• 28:51
  Speaker 1: as the defense pursued its appeal to the department's Criminal Division,
• 28:55
  Speaker 1: a Costa predicted in an email to Vilafauna and Sloman
• 28:58
  Speaker 1: that federal charges againz Epstein were more and more likely.
• 29:02
  Speaker 1: Villa Fauna asked Osterbond for help to move this Criminal
• 29:05
  Speaker 1: Division review process along, noting that the defense continued to
• 29:09
  Speaker 1: undermine the government's case by deposing the victims under the
• 29:12
  Speaker 1: guise of trial prep for the state case, and that
• 29:15
  Speaker 1: the agents and one of the victims were losing their patients.
• 29:19
  Speaker 1: On April twenty fourth, two thousand and eight, Villa Fauna
• 29:22
  Speaker 1: emailed Sloman and the USAO Criminal Division Chief Senor, asking
• 29:27
  Speaker 1: whether she had the green light to file charges, and
• 29:29
  Speaker 1: raising the same concern she had expressed oster Bon. Villa
• 29:33
  Speaker 1: Fauna further cautioned that although she was planning to file
• 29:36
  Speaker 1: charges on May sixth, if that was not going to happen,
• 29:39
  Speaker 1: then we all need to meet with the victims, the agents,
• 29:42
  Speaker 1: and the police officers to decide how the case will
• 29:45
  Speaker 1: be resolved and to provide them with an explanation for
• 29:48
  Speaker 1: the delay. Because the department's Criminal Division did not conclude
• 29:52
  Speaker 1: its review of Epstein's appeal by May six, However, Villa
• 29:55
  Speaker 1: Fauna did not file charges that day. Part eight USAO
• 30:01
  Speaker 1: supervisors consider CVR obligations in an unrelated matter and in
• 30:05
  Speaker 1: light of a new Fifth Circuit opinion. During the period
• 30:09
  Speaker 1: after the NPA was signed and before Epstein complied with
• 30:13
  Speaker 1: the NPA by entering his state guilty police, the USAO
• 30:17
  Speaker 1: supervisors were explicitly made aware of a conflict between the
• 30:21
  Speaker 1: department position that CVRA victim's rights attached upon the filing
• 30:25
  Speaker 1: of a criminal charge, and a new federal appellate ruling
• 30:28
  Speaker 1: to the contrary. The contemporaneous communications confirm that in two
• 30:33
  Speaker 1: thousand and eight, a Costa and Sloman were aware of
• 30:35
  Speaker 1: the department's policy regarding the issue unrelated to the Epstein investigation.
• 30:41
  Speaker 1: On April eighteenth, two thousand and eight, a Costa and
• 30:43
  Speaker 1: Slowman received a citizen complaint from an attorney who requested
• 30:47
  Speaker 1: to meet with them regarding his belief that the Florida
• 30:49
  Speaker 1: bar had violated his First Amendment rights. The attorney asserted
• 30:54
  Speaker 1: that the CVRA guaranteed him an absolute right to meet
• 30:58
  Speaker 1: with the USAO officials because he believed that he was
• 31:01
  Speaker 1: the victim of a federal crime. Acosta forwarded the message
• 31:05
  Speaker 1: to the USAO Appellate Division Chief, who informed a costa
• 31:08
  Speaker 1: in Slowman that according to the two thousand and five guidelines,
• 31:12
  Speaker 1: our obligations under the CVRA are not triggered until charges
• 31:16
  Speaker 1: are filed. On April twenty fourth, two thousand and eight,
• 31:19
  Speaker 1: the Appellate Division Chief emailed Acosta and Slowman, stating that
• 31:22
  Speaker 1: she had confirmed with DOJ that her reading of the
• 31:25
  Speaker 1: two thousand and five guidelines is correct and that our
• 31:28
  Speaker 1: obligations under the CVRA are not triggered until the case
• 31:32
  Speaker 1: is filed. On May seventh, two thousand and eight, the
• 31:35
  Speaker 1: Appellate Division Chief sent Acosta and Sloman a copy of
• 31:39
  Speaker 1: US Court of Appeals for the Fifth Circuit opinion issued
• 31:42
  Speaker 1: that day holding that a victim CVR rights attached prior
• 31:46
  Speaker 1: to the filing of criminal charges. The Appellate Division Chief
• 31:50
  Speaker 1: noted that although the holding conflicted with the two thousand
• 31:53
  Speaker 1: and five guidelines. The Court's opinion makes sense. Dean involves
• 31:58
  Speaker 1: in federal prosecution or rising from a two thousand and
• 32:01
  Speaker 1: five explosion at an oil refinery operated by BP Products
• 32:05
  Speaker 1: in North America, Incorporated that killed fifteen people and injured
• 32:09
  Speaker 1: more than one seventy. Before bringing criminal charges, the government
• 32:13
  Speaker 1: negotiated a guilty plea with BP without notifying the victims.
• 32:17
  Speaker 1: The government filed the sealed motion alerting the district Court
• 32:21
  Speaker 1: to the potential plea and claiming that the consultation with
• 32:24
  Speaker 1: all the victims was impractical and that such notification would
• 32:28
  Speaker 1: result in media coverage that would undermine the plea negotiations.
• 32:32
  Speaker 1: The court then entered in order prohibiting the government from
• 32:35
  Speaker 1: notifying the victims of the pending plea agreement until after
• 32:38
  Speaker 1: it had been signed by the parties. Thereafter, the government
• 32:42
  Speaker 1: filed a criminal information The government in BP signed the
• 32:45
  Speaker 1: plea agreement, and the government mail notices of the plea
• 32:49
  Speaker 1: heering to the victims, informing them of their right to
• 32:51
  Speaker 1: be heard. One month later, twelve victims asked the court
• 32:55
  Speaker 1: to reject the plea because it was entered into in
• 32:58
  Speaker 1: violation of their rights under the CVRA, The District Court
• 33:02
  Speaker 1: denied their motion, but concluded that the CVRA rights to
• 33:05
  Speaker 1: confer with the prosecutor in the case and to be
• 33:08
  Speaker 1: treated with fairness and respect for the victim's dignity privacy
• 33:12
  Speaker 1: vested prior to the initiation of the charges. The District
• 33:16
  Speaker 1: Court noted that the legislative history reflected a view that
• 33:20
  Speaker 1: the right to confer was intended to be broad, as
• 33:23
  Speaker 1: well as being a mechanism to ensure that victims were
• 33:25
  Speaker 1: treated with fairness. In denying the victim's relief, the Fifth
• 33:29
  Speaker 1: Circuit nevertheless concluded that the District Court failed to accord
• 33:33
  Speaker 1: the victims the rights conferred by the CVRA. In particular,
• 33:37
  Speaker 1: the Fifth Circuit cited the District Court's acknowledgment that there
• 33:40
  Speaker 1: are clearly rights under the CVRA that apply before any
• 33:44
  Speaker 1: prosecution is underway. The Fifth Circuit also noted that such
• 33:49
  Speaker 1: consultation was not an infringement on the government's independent prosecutorial discretion,
• 33:54
  Speaker 1: but it is only a requirement that the government confer
• 33:57
  Speaker 1: in some reasonable way with the victims before all ultimately
• 34:00
  Speaker 1: exercising its broad discretion. In the wake of the Dean opinion,
• 34:04
  Speaker 1: two Department components wrote separate memoranda to the Solicitor General
• 34:09
  Speaker 1: with the opposing views concerning whether the CVRA writes to
• 34:13
  Speaker 1: confer with the prosecution vests. Prior to the initiation of
• 34:16
  Speaker 1: a prosecution June two thousand and eight, Villa Fauna pre
• 34:21
  Speaker 1: plead contacts with the attorney representing the victims who later
• 34:24
  Speaker 1: became the CVRA petitioners. According to an affidavit filed in
• 34:29
  Speaker 1: the CVRA litigation by her attorney, Bradley Edwards, Wild retained
• 34:33
  Speaker 1: Edwards in June two thousand and eight to represent her
• 34:36
  Speaker 1: because she was unable to get anyone from the USAO
• 34:39
  Speaker 1: to tell her what was actually going on with the
• 34:41
  Speaker 1: federal criminal case against Jeffrey Epstein. Villa Fauna told OPR
• 34:46
  Speaker 1: that Wild did not contact her directly, and she was
• 34:49
  Speaker 1: not aware of an instance in which Wild asked a
• 34:52
  Speaker 1: question that wasn't answered of anyone in the USAO or
• 34:56
  Speaker 1: the FBI case agents. Edwards contacted Villa Fauna by EA
• 35:00
  Speaker 1: and telephone in mid June, stating that he had information
• 35:04
  Speaker 1: and concerns that he would like to share in his
• 35:06
  Speaker 1: Avid David Edwards alleged that during multiple telephone calls with
• 35:10
  Speaker 1: Villa Fauna, he asked very specific questions about what stage
• 35:14
  Speaker 1: the investigation was in, and Villafana replied that she couldnot
• 35:17
  Speaker 1: answer his questions because the matter was ongoing active investigation.
• 35:21
  Speaker 1: Edwards attested that Villa Fauna gave him the impression that
• 35:25
  Speaker 1: the federal investigation was ongoing, very expansive, and continuously growing,
• 35:29
  Speaker 1: both in the number of identified victims and incomplexity. In
• 35:34
  Speaker 1: her written response to OPR, Villa Fauna said that she
• 35:37
  Speaker 1: listened more than she spoke during these interactions with Edwards,
• 35:40
  Speaker 1: which occurred before the state Court plea. Given the uncertainty
• 35:44
  Speaker 1: of the situation, Epstein was still challenging our ability to
• 35:47
  Speaker 1: prosecute him federally, pressing allegations of prosecutorial misconduct and trying
• 35:53
  Speaker 1: to negotiate better plea terms while the agents, my supervisors,
• 35:56
  Speaker 1: and I were all moving towards filing charges. I feel
• 36:00
  Speaker 1: comfortable sharing any information about the case. It's also my
• 36:03
  Speaker 1: practice not to talk about status before the grand jury.
• 36:07
  Speaker 1: In her twenty seventeen declaration in the CVRA litigation, Villa
• 36:11
  Speaker 1: Fauna explained that during these exchanges, Vila Fauna did not
• 36:15
  Speaker 1: inform Edwards of the existence of the NPA because she
• 36:18
  Speaker 1: did not know whether the NPA remained viable at the
• 36:21
  Speaker 1: time or whether Epstein would enter the state court guilty
• 36:24
  Speaker 1: plea that would trigger the NPA. Villa Fauna told OPR
• 36:28
  Speaker 1: that she did not inform Edwards about the NPA because
• 36:32
  Speaker 1: it was confidential and because the case was under investigation
• 36:36
  Speaker 1: and leading towards the filing of charges. Villa Fauna recalled
• 36:39
  Speaker 1: mentioning the conversation to her supervisors and the case agents
• 36:43
  Speaker 1: because she thought he was somebody who could be of
• 36:45
  Speaker 1: assistance to us and could perhaps persuade Alex Acosta that
• 36:49
  Speaker 1: this was the case that should be prosecuted. Nevertheless, when
• 36:53
  Speaker 1: OPR asked Villa Fauna why she did not inform Edwards
• 36:56
  Speaker 1: of the same information that the FBI and she provided
• 37:00
  Speaker 1: a whild in October of two thousand and seven and
• 37:02
  Speaker 1: January two thousand and eight, Villafuna explained that she felt
• 37:05
  Speaker 1: prohibited at the time I spoke with him. You know,
• 37:08
  Speaker 1: there had been all this letter writing, all of these
• 37:11
  Speaker 1: concerns and instructions that I had been given by Alex
• 37:14
  Speaker 1: and Jeff not to disclose things further and not to
• 37:17
  Speaker 1: have any involvement in a victim notification, and so I
• 37:20
  Speaker 1: felt like that prohibited me from telling them about the
• 37:23
  Speaker 1: existence of the NPA. All right, we're going to wrap
• 37:27
  Speaker 1: up right here, and then the next episode we're going
• 37:29
  Speaker 1: to pick up where we left off. All of the
• 37:31
  Speaker 1: information that goes with this episode can be found in
• 37:34
  Speaker 1: the description box. What's up, everyone, and welcome back to
• 37:38
  Speaker 1: the Epstein Chronicles. In this episode, we're going to continue
• 37:41
  Speaker 1: with the OIG report into Jeffrey Epstein's NPA ten June
• 37:48
  Speaker 1: two thousand and eight. Efforts to notify victims about the
• 37:50
  Speaker 1: June thirtieth, two thousand and eight plea hearing. The Epstein
• 37:54
  Speaker 1: team's appeals through the Department ended on June twenty third,
• 37:57
  Speaker 1: two thousand and eight, when the Deputy Attorney General determed
• 38:00
  Speaker 1: that federal prosecution of this case is appropriate and Epstein's
• 38:03
  Speaker 1: allegations of prosecutorial misconduct did not rise to a level
• 38:07
  Speaker 1: that would undermine such a decision. Immediately thereafter, at Sloman's instruction,
• 38:12
  Speaker 1: Villa Fauna notified Lefkowitz that Epstein had until the close
• 38:16
  Speaker 1: of business on Monday, June thirtieth, two thousand and eight
• 38:19
  Speaker 1: to comply with the terms and conditions of the agreement,
• 38:22
  Speaker 1: including entry of a guilty plea sentencing and surrendering to
• 38:26
  Speaker 1: begin his sentence of imprisonment. That same day, Villa Fauna
• 38:29
  Speaker 1: made plans to file charges on July one, two thousand
• 38:32
  Speaker 1: and eight, if Epstein did not enter his guilty plea
• 38:35
  Speaker 1: by the June thirtieth deadline. On Friday, June twenty seventh,
• 38:39
  Speaker 1: two thousand and eight, Villa Fauna received a copy of
• 38:41
  Speaker 1: the proposed state plea agreement and learned that the plea
• 38:44
  Speaker 1: hearing was scheduled for eight thirty a m. On Monday,
• 38:47
  Speaker 1: June thirtieth, two thousand and eight. Also on that Friday,
• 38:50
  Speaker 1: Villafana submitted to Sloman and Criminal Division Chiefs Senior a
• 38:55
  Speaker 1: final final proposed federal indictment of Epstein. Villa Fauna and
• 38:59
  Speaker 1: the FBI finalized the government's victim list that they intended
• 39:03
  Speaker 1: to disclose for Section two twenty five purposes to Epstein.
• 39:07
  Speaker 1: After the plea and at Slowman's instruction, Billa Fauna contacted
• 39:11
  Speaker 1: PB Chief Writer to ask him to notify the victims
• 39:14
  Speaker 1: of the plea hearing. Villa Fauna told OPR that Slowman
• 39:18
  Speaker 1: said Chief Writer could contact the victims from the state
• 39:21
  Speaker 1: case and tell them about the plea. On Saturday, June
• 39:24
  Speaker 1: twenty eighth, two thousand and eight, Villa Fauna emailed Slowman
• 39:27
  Speaker 1: to inform him that Chief Writer is going to notify
• 39:30
  Speaker 1: the victims about the plea. Villa Fauna told OPR that
• 39:34
  Speaker 1: before the state plea hearing, she sent Writer a list
• 39:36
  Speaker 1: of the victims, including their telephone numbers, to notify and
• 39:39
  Speaker 1: ask him to destroy the list. Bill Offana recalled that
• 39:42
  Speaker 1: Writer told her that he would try to contact as
• 39:44
  Speaker 1: many as he could and that he would destroy the
• 39:46
  Speaker 1: list afterwards. Billa Fauna did not recall being asked to
• 39:50
  Speaker 1: provide a list of all victims to the States Attorney's office.
• 39:53
  Speaker 1: In his two thousand and nine deposition, Writer stated that
• 39:57
  Speaker 1: Villa Fanna sent them a letter around the time of
• 39:59
  Speaker 1: the sentencing listing the victims in the federal investigation, and
• 40:03
  Speaker 1: that she asked him to destroy the letter after he
• 40:05
  Speaker 1: reviewed it. Writer recalled that the requested the list because
• 40:09
  Speaker 1: he was aware that the state Grand jury's indictment of
• 40:12
  Speaker 1: Epstein did not include all of the victims that the
• 40:15
  Speaker 1: PbD had identified, and he wanted to make sure that
• 40:18
  Speaker 1: some prosecution body had considered all of the victims. In
• 40:22
  Speaker 1: her twenty seventeen declaration in the CVR A litigation, Villa
• 40:26
  Speaker 1: Fauna stated that she and the PbD attempted to notify
• 40:30
  Speaker 1: the victims about the June thirtieth hearing in the short
• 40:33
  Speaker 1: time available to us. In her two thousand and eight declaration, however,
• 40:37
  Speaker 1: Villa Fauna conceded that all known victims were not notified.
• 40:42
  Speaker 1: Vila Fauna told OPR that Edwards was the only victim
• 40:45
  Speaker 1: attorney she was authorized to contact, she thought probably by
• 40:48
  Speaker 1: Slowman about the June thirtieth, two thousand and eight plea hearing,
• 40:51
  Speaker 1: because Edwards had expressed a specific interest in the outcome.
• 40:55
  Speaker 1: Villafana recalled, I was told that I could inform Edwards
• 40:59
  Speaker 1: of the plea date, but I still couldn't inform him
• 41:01
  Speaker 1: of the NPA. In her two thousand and eight declaration
• 41:04
  Speaker 1: in the CVRA litigation, Villa Fauna stated that she called
• 41:08
  Speaker 1: Edwards and informed them of the plea hearing scheduled for Monday,
• 41:11
  Speaker 1: and Villafanna stated that Edwards told her that he could
• 41:14
  Speaker 1: not attend the hearing, but someone would be present. In
• 41:18
  Speaker 1: a later filing in the CVR A litigation, however, Edwards
• 41:21
  Speaker 1: asserted that Villa Fauna told him that only the Epstein
• 41:25
  Speaker 1: was pleading guilty to state solicitation of prostitution charges involving
• 41:28
  Speaker 1: other victims, not mister Edwards, clients or any other of
• 41:32
  Speaker 1: the federally identified victims. Edwards further claimed that because Villa
• 41:36
  Speaker 1: Fauna failed to inform him that the guilty plea in
• 41:39
  Speaker 1: state court would bring an end to the possibility of
• 41:41
  Speaker 1: federal prosecution pursuant to the plea agreement, his client did
• 41:45
  Speaker 1: not attend the hearing. Villa Fanna told OPR that her
• 41:49
  Speaker 1: expectation was that the state plea proceding would allow Edwards
• 41:52
  Speaker 1: and his clients the ability to comment on the resolution.
• 41:55
  Speaker 1: My expectation of what was going to happen at the
• 41:58
  Speaker 1: plea was that it would be like a federal pa
• 42:00
  Speaker 1: where there would be a factual proffer that was read
• 42:03
  Speaker 1: and where the judge would ask if there was any
• 42:05
  Speaker 1: victims present who wanted to be heard, and at that point,
• 42:08
  Speaker 1: if Brad Edwards wanted to address the court, or if
• 42:11
  Speaker 1: his clients wanted to address the court, they would be
• 42:13
  Speaker 1: given the opportunity to do so. Slowman told OPR that
• 42:17
  Speaker 1: he did not recall directing Villa Fauna to contact anyone
• 42:20
  Speaker 1: about the plea hearing or directing her specifically not to
• 42:24
  Speaker 1: contact anyone about it. Acosta told OPR that he believed
• 42:28
  Speaker 1: the state would notify the victims of the all encompassing
• 42:31
  Speaker 1: plea resolving the federal case, and the victims would have
• 42:34
  Speaker 1: an opportunity to speak up at the state court hearing. Nevertheless,
• 42:38
  Speaker 1: Acosta did not know whether the state victims overlapped with
• 42:41
  Speaker 1: the federal victims or whether the USAO shared that list
• 42:45
  Speaker 1: with them. Bila Fauna told o PR that she and
• 42:48
  Speaker 1: Acosta understood the state would notify the state victims, but
• 42:51
  Speaker 1: that neither of them were aware that the state would
• 42:54
  Speaker 1: only be believed they had one victim. Bili Fauna told
• 42:58
  Speaker 1: o PR that there was very little communication between the
• 43:01
  Speaker 1: USAO and the State attorney's office, and although she discussed
• 43:05
  Speaker 1: a factual proffer with the state attorney's office and the
• 43:08
  Speaker 1: fact that the federal investigation had identified additional victims, she
• 43:12
  Speaker 1: did not recall discussing who the specific people were that
• 43:16
  Speaker 1: they considered victims in that state case. Slowman told OPR
• 43:20
  Speaker 1: that the public perception that we tried to hide the
• 43:22
  Speaker 1: fact of the results of this resolution from the victims
• 43:25
  Speaker 1: was incorrect. He explained, even though we didn't have a
• 43:29
  Speaker 1: legal obligation, I felt that the victims were going to
• 43:31
  Speaker 1: be notified and the state was going to fulfill that obligation,
• 43:35
  Speaker 1: and even as another fel safe, the victims would be
• 43:38
  Speaker 1: notified of the restitution mechanism that we had set up
• 43:42
  Speaker 1: on their behalf. Sloman acknowledged that although neither the NPA
• 43:46
  Speaker 1: terms nor the CVRA prevented the USAO from exercising its
• 43:50
  Speaker 1: discretion to notify the victims, it was of concern that
• 43:53
  Speaker 1: this was going to break down and the result in
• 43:55
  Speaker 1: US prosecuting Epstein, and that the victims were going to
• 43:58
  Speaker 1: be witnesses. And if we provided a victim notification indicating hey,
• 44:03
  Speaker 1: you're going to get one hundred and fifty thousand, that's
• 44:05
  Speaker 1: going to be instant impeachment for the defense. When asked
• 44:08
  Speaker 1: why the USAO did not simply notify the victims of
• 44:11
  Speaker 1: the change of plea hearing, Sloman responded that he was
• 44:14
  Speaker 1: more focused on the restitution provisions. I didn't get the
• 44:17
  Speaker 1: sense that the victims were overly interested in showing up
• 44:21
  Speaker 1: at the change of plea. Also in late June, Villa
• 44:24
  Speaker 1: Fauna drafted a victim notification letter concerning the June thirtieth,
• 44:27
  Speaker 1: two thousand and eight plea, Villa Fauna told oh PR
• 44:31
  Speaker 1: that because mister Acosta had agreed in December two thousand
• 44:34
  Speaker 1: and seven that we would not provide written notice of
• 44:36
  Speaker 1: the state change of plea, the written victim notifications were
• 44:39
  Speaker 1: prepared to be sent immediately following Epstein's guilty plea. As
• 44:44
  Speaker 1: she did with prior draft victim notification letters. Villa Fauna
• 44:47
  Speaker 1: provided the draft to the defense for comments. Although Epstein's
• 44:51
  Speaker 1: plea hearing was set for June thirtieth, two thousand and eight,
• 44:54
  Speaker 1: Villa Fauna took steps to facilitate the filing of federal
• 44:58
  Speaker 1: charges on July first, tho and eight in the event
• 45:01
  Speaker 1: he did not plead guilty to state charges. OPR reviewed
• 45:05
  Speaker 1: voluminous Epstein related files that the State Attorney's Office made
• 45:09
  Speaker 1: available online, but OPR was unable to locate any document
• 45:13
  Speaker 1: establishing that before the hearing date, the state infeigned victims
• 45:17
  Speaker 1: of the June thirtieth, two thousand and eight plea deal.
• 45:20
  Speaker 1: On March twelfth, two thousand and eight, the State Attorney's
• 45:22
  Speaker 1: office issued trial subpoenas to three victims and one non
• 45:26
  Speaker 1: law enforcement witness. Commanding the individuals to remain on call.
• 45:30
  Speaker 1: During the week of July eighth, two thousand and eight, However,
• 45:34
  Speaker 1: the Palm Beach County Sheriff was unable to serve one
• 45:36
  Speaker 1: of the victims in person because the victim was away
• 45:39
  Speaker 1: at college. June thirtieth, two thousand and eight, Epstein enters
• 45:43
  Speaker 1: his guilty please in a state court hearing at which
• 45:46
  Speaker 1: no victims were present. On June thirtieth, two thousand and eight,
• 45:49
  Speaker 1: Epstein appeared in state court in West Palm Beach with
• 45:52
  Speaker 1: his attorney, Jack Goldberger, and he pled guilty to an
• 45:55
  Speaker 1: information charging him with procuring a person under eighteen for
• 45:59
  Speaker 1: pla prostitution, as well as the indictment charging him with
• 46:02
  Speaker 1: felony solicitation of prostitution. The information charged that between August first,
• 46:08
  Speaker 1: two thousand and four and October ninth, two thousand and five,
• 46:11
  Speaker 1: Epstein did knowingly and unlawfully procure for prostitution or caused
• 46:16
  Speaker 1: to be prostituted, redacted a person under the age of
• 46:19
  Speaker 1: eighteen years, and referred to no other victims. The indictment
• 46:23
  Speaker 1: did not identify any victims and alleged only that Epstein
• 46:27
  Speaker 1: engaged in the charge conduct on three occasions between August first,
• 46:31
  Speaker 1: two thousand and four and October thirty first, two thousand
• 46:34
  Speaker 1: and five, although the charges did not indicate whether they
• 46:37
  Speaker 1: applied the multiple victims. During the hearing, Assistant State Attorney
• 46:40
  Speaker 1: Bellehovlk informed the court that there are several victims. When
• 46:44
  Speaker 1: the court asked Bellohovlk whether the victims in both these
• 46:47
  Speaker 1: cases were in agreement with the terms of this plea,
• 46:50
  Speaker 1: Bellohovlik replied, I have spoken to several myself, and I
• 46:53
  Speaker 1: have spoken to council through council as to the other victim,
• 46:57
  Speaker 1: and I believe yes. The court also asked Bellohovlk if
• 47:01
  Speaker 1: the juvenile victim's parents or guardian agreed with the plea,
• 47:05
  Speaker 1: and Bellehovlk stated that because the victim was no longer
• 47:07
  Speaker 1: under the age of eighteen, Bellohovelk spoke with the victim's council,
• 47:11
  Speaker 1: who agreed with the plea agreement. Both Villa Fauna and
• 47:14
  Speaker 1: the FBI case agent were present in the courtroom gallery
• 47:17
  Speaker 1: to observe the plea hearing. Later that day, Villa Fauna
• 47:20
  Speaker 1: met with Goldberger and gave him the list of thirty
• 47:22
  Speaker 1: one individuals the government was prepared to name as victims
• 47:26
  Speaker 1: and to whom the twenty two to fifty five provision applied.
• 47:30
  Speaker 1: In her twenty fifteen CVRA case declaration, Wild stated, I
• 47:34
  Speaker 1: did not have any reason to attend that hearing because
• 47:36
  Speaker 1: no one told me that this guilty plea was related
• 47:39
  Speaker 1: to Epstein's investigation of Epstein's abuse of me. She stated
• 47:43
  Speaker 1: that she would have attended and tried to object to
• 47:45
  Speaker 1: the judge and prevent that plea from going forward, and
• 47:49
  Speaker 1: had she known that the state plea had some connection
• 47:51
  Speaker 1: to blocking the prosecution of my case. Similarly, CVR petitioner
• 47:55
  Speaker 1: Jane do number two stated that no one notified me
• 47:58
  Speaker 1: that Epstein's plea had had anything to do with my
• 48:01
  Speaker 1: case against them. An attorney who represented several victims, including
• 48:05
  Speaker 1: one whom the state had subpoenaed for the potential jury trial,
• 48:08
  Speaker 1: told oh PR that he was present in court on
• 48:11
  Speaker 1: June thirtieth, two thousand and eight, in order to serve
• 48:14
  Speaker 1: a complaint upon Epstein in connection with the civil lawsuit
• 48:17
  Speaker 1: brought on behalf of one of his clients. The USAO
• 48:20
  Speaker 1: had not informed them about the plea hearing. Moreover, the
• 48:23
  Speaker 1: attorney informed oh PR that although one of the victims
• 48:27
  Speaker 1: he represented had been interviewed in the PbD investigation and
• 48:30
  Speaker 1: had been deposed by Epstein's attorneys in the state case
• 48:34
  Speaker 1: with the Assistant State Attorney President. He did not recall
• 48:36
  Speaker 1: receiving any notice of the June thirtieth, two thousand and
• 48:39
  Speaker 1: eight plea from the State Attorney's office. Similarly, another of
• 48:44
  Speaker 1: the victims the state had subpoenaed for the July trial
• 48:47
  Speaker 1: told oh PR through her attorney that she received subpoenas
• 48:50
  Speaker 1: from the State Attorney's office, but she was not invited
• 48:53
  Speaker 1: to or aware of the state plea hearing. Bellohovlik told
• 48:57
  Speaker 1: oh PR that she did not recall whether she consack
• 49:00
  Speaker 1: did any of the girls to appear at the hearing,
• 49:02
  Speaker 1: and she noted that given the charge of solicitation of prostitution,
• 49:06
  Speaker 1: they may not have been technically been victims for purposes
• 49:09
  Speaker 1: of notice under Florida law, but rather witnesses. On July
• 49:13
  Speaker 1: twenty fourth, two thousand and eight, the State Attorney's office
• 49:16
  Speaker 1: sent letters to two victims stating that the case was
• 49:19
  Speaker 1: closed on June twenty six, two thousand and eight, although
• 49:22
  Speaker 1: the plea occurred on June thirtieth, two thousand and eight
• 49:25
  Speaker 1: and listed Epstein's sentence. The letters did not mention the
• 49:29
  Speaker 1: NPA or the federal investigation. All Right, folks, we're gonna
• 49:32
  Speaker 1: wrap up right here, and then the next episode we're
• 49:34
  Speaker 1: going to pick up with significant post plea developments. All
• 49:38
  Speaker 1: of the information that goes with this episode can be
• 49:41
  Speaker 1: found in the description box.