Latest / The Vault: The Epstein Files / Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 1-5) (7/1/26)
Transcript
- 0:00Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
- 0:04In this episode, we're going to begin taking a look
- 0:07at the Office of Professional Responsibility and their investigation into
- 0:11the US Attorney's Office for the Southern District of Florida's
- 0:14resolution of its two thousand and six through two thousand
- 0:17and eight federal criminal investigation of Jeffrey Epstein and its
- 0:21interactions with victims during the investigation. November twenty twenty Executive Summary.
- 0:28The Department of Justice Office of Professional Responsibility investigated allegations
- 0:33that in two thousand and seven two thousand and eight,
- 0:35prosecutors in the US Attorney's Office for the Southern District
- 0:38of Florida improperly resolved a federal investigation into the criminal
- 0:43conduct of Jeffrey Epstein by negotiating and executing a federal
- 0:47non prosecution agreement. The NPA was intended to end the
- 0:51federal investigation into allegations that Epstein engaged in legal sexual
- 0:56activity with girls. OPR also investigated USAO prosecutors committed professional
- 1:03misconduct by failing to consult with victims of Epstein's crimes
- 1:07before the MPa was signed, or by misleading victims regarding
- 1:11the status of the federal investigation after the signing one
- 1:16overview of factual background. The Palm Beach, Florida Police Department
- 1:20began investigating Jeffrey Epstein in two thousand and five after
- 1:24the parents of a fourteen year old girl complained that
- 1:26Epstein had paid her for a massage. Epstein was a
- 1:29multimillionaire financier with residences in Palm Beach, New York, and
- 1:34other United States and foreign locations. The investigation led to
- 1:38the discovery that Epstein used personal assistance to recruit girls
- 1:42to provide massages to him, and in many instances, those
- 1:46massages led to sexual activity. After the PBPD brought the
- 1:51case to the State Attorney's office, a Palm Beach County
- 1:53grand jury indicted Epstein on July nineteenth, two thousand and six,
- 1:58for felony, solicitation of prostitution and violation of Florida Statute
- 2:03Section seven nine six dot seven. However, because the PPBD
- 2:08chief and the lead detective were dissatisfied with the state
- 2:11attorney's handling of the case and believed that the state's
- 2:14grand jury's charge did not address the totality of Epstein's conduct,
- 2:19they referred the matter to the Federal Bureau of Investigation
- 2:23in West Palm Beach for a possible federal investigation. The
- 2:27FBI brought the matter to an assistant US attorney, who
- 2:30opened the file with her supervisor's approval and with the
- 2:33knowledge of then US Attorney Alexander Acosta. She worked with
- 2:37two FBI case agents to develop a federal case against Epstein,
- 2:42and in the course of the investigation, they discovered additional victims.
- 2:46In May of two thousand and seven, the AUSA submitted
- 2:49to her supervisors a draft sixty count indictment outlining charges
- 2:53against Epstein. She also provided a lengthy memorandum summarizing the
- 2:58evidence she had assembled in support or to the charges
- 3:01and addressing the legal issues related to the proposed charges.
- 3:04For several weeks following submission of the prosecution memorandum and
- 3:08proposed indictment, the AUSA supervisors reviewed the case to determine
- 3:13how to proceed. At a July thirty first, two thousand
- 3:16and seven meeting with Epstein's attorneys, the USAO offered to
- 3:20end its investigation if Epstein pled guilty to state charges
- 3:24agreed to serve a minimum of two years incarceration. Registered
- 3:28as a sexual offender and agreed to a mechanism through
- 3:31which victims could obtain monetary damages. The USAO subsequently engaged
- 3:37in additional meetings and communications with Epstein's team of attorneys,
- 3:41ultimately negotiating the terms of a state based resolution of
- 3:45the federal investigation, which culminated in the signing of the
- 3:49NPA on September twenty fourth, two thousand and seven. The
- 3:53NPA required Epstein to plead guilty in state court to
- 3:56the then pending state indictment against them, and to any
- 4:00additional criminal information charging him with a state offense that
- 4:03would require him to register as a sexual offender, specifically
- 4:07procurement of miners to engage in prostitution and violation of
- 4:11Florida Statute Section seven ninety six dot three. The NPA
- 4:16required Epstein to make a binding recommendation that the state
- 4:19court sentenced him to serve eighteen months in the county jail,
- 4:23followed by twelve months of community control, home detention, or
- 4:27house arrest. The MPa also included provisions designed to facilitate
- 4:31the victim's recovery of monetary damages from Epstein. In exchange,
- 4:36the USAO agreed to end its investigation of Epstein to
- 4:40forego federal prosecution in the Southern District of Florida. Of
- 4:43them forenamed co conspirators and any potential co conspirators victims
- 4:49were not informed of or consulted about a potential state
- 4:52resolution or the NPA prior to its signing. The signing
- 4:56of the NPA did not immediately lead to Epstein's guilty
- 4:59plea and incarceration. However, for the next nine months, Epstein
- 5:03deployed his extensive team of prominent attorneys to try and
- 5:07change the terms that his team had negotiated and he
- 5:10had approved, while simultaneously seeking to invalidate the entire MPa
- 5:15by persuading senior Department officials that there was no federal
- 5:18interest at issue and that matters should be left to
- 5:21the discretion of state law enforcement officials. Through the repeated
- 5:25communications with the USAO and senior Department officials, Defense Council
- 5:30fought the government's interpretation of the NPA's terms. They also
- 5:34sought and obtained review by the Department's Criminal Division and
- 5:38then the Office of the Deputy Attorney General, primarily on
- 5:42the issue of federal jurisdiction over what the Defense insisted
- 5:45was a quintessentially state matter. After reviewing submissions by the
- 5:49defense and the USAO, on June twenty three, two thousand
- 5:53and eight, the Office of the Deputy Attorney General informed
- 5:56Defense Council that the Deputy Attorney General would not enter
- 6:00in the matter. Only then did Epstein agree to fulfill
- 6:03his obligation under the NPA, and on June thirtieth, two
- 6:07thousand and eight, he appeared in State Court and pled
- 6:10guilty to the pending state indictment charging felony solicitation of
- 6:14prostitution and pursuant to the NPA, to a criminal information
- 6:18charging him with the procurement of miners to engage in prostitution.
- 6:23Upon the joint request of the defendant and the State Prosecutor,
- 6:26and consistent with the NPA, the court immediately sentenced Epstein
- 6:30to consecutive terms of twelve months incarceration on the solicitation
- 6:34charge and six months incarceration on the procurement charge, followed
- 6:38by twelve months a community control. Epstein began serving the
- 6:42sentence that day in a minimum security Palm Beach County facility.
- 6:46A copy of the NPA was filed under seal with
- 6:49the State Court on July seventh, two thousand and eight,
- 6:53a victim identified as Jane Doe filed in federal court
- 6:56in the Southern District of Florida an emergency petition alleging
- 7:00that the government violated the Crime Victim's Rights Act eighteen
- 7:04US Code, Section thirty seven seventy one when it resolved
- 7:07the federal investigation of Epstein without consulting with victims and
- 7:11seeking enforcement of the CVRAA rights. In responding to the petition,
- 7:16the government, represented by the USAO revealed existence of the NPA,
- 7:20but did not produce it to the petitioners until the
- 7:23court directed it to be turned over subject to a
- 7:25protective order. The NPA itself remained under seal in the
- 7:29Federal District Court after the initial filings and hearings, The
- 7:33CVR case was dormant for almost two years while the
- 7:36petitioners pursued civil cases against Epstein. Soon after he was incarcerated,
- 7:42Epstein applied for the Palm Beach County Sheriff's work release program,
- 7:45and the sheriff approved his application. In October two thousand
- 7:49and eight. Epstein began spending twelve hours a day purportedly
- 7:53working at the Florida Science Foundation and entity Epstein had
- 7:56recently incorporated that was co located at the West Upon
- 8:00Beach office of one of Epstein's attorneys. Although the NPA
- 8:03specified a term of incarceration of eighteen months, Epstein received
- 8:08gain time, that is time off for good behavior, and
- 8:11he actually served less than thirteen months of incarceration. On
- 8:15July twenty second, two thousand and nine, Epstein was released
- 8:18from custody to a one year term of home detention
- 8:21as a condition of community control, and he registered as
- 8:24a sexual offender with the Florida Department of Law Enforcement.
- 8:28After victims and news media filed suit in Florida courts
- 8:32for release of the copy of the NPA that had
- 8:34been filed under seal in the state corp file, a
- 8:37state judge in September two thousand and nine ordered it
- 8:41to be made public by mid twenty ten. Epstein reportedly
- 8:45settled multiple civil lawsuits brought against them by victims seeking
- 8:49monetary damages, including the two petitioners in the CVRA litigation.
- 8:54During the CVRA litigation, the petitioners saw discovery from the USAO,
- 8:59which made substantial document productions, file lengthy privilege logs in
- 9:03support of its withholding of documents and submitted declarations from
- 9:07the AUSA and the FBI case agents who conducted the
- 9:11federal investigation. The USAO opposed efforts to unseal various records,
- 9:16as did Epstein, who was permitted to intervene in the
- 9:19litigation with respect to certain issues. Nevertheless, the court ultimately
- 9:24ordered that substantial records relating to the usao's resolution of
- 9:28the Epstein case be made public. During the course of
- 9:31the litigation, the court made numerous rulings interpreting the CVRA.
- 9:36After failed efforts to settle the case, the party's cross
- 9:39motions for summary judgment remained pending for more than a year.
- 9:43In twenty seventeen, President Donald Trump nominated Acosta to be
- 9:48Secretary of Labor. At his March twenty seventeen confirmation hearing,
- 9:53Acosta was questioned only briefly about the Epstein case. On
- 9:57April seventeenth, twenty seventeen, the Senate confirmed Acosta's appointment as
- 10:02Labor Secretary. In the decade following his release from incarceration,
- 10:06Epstein reportedly continued to settle multiple civil suits brought by many,
- 10:11but not all, of his victims. Epstein was otherwise able
- 10:15to resume his lavish lifestyle, largely avoiding the interest of
- 10:18the press. On November twenty eighth, twenty eighteen, however, the
- 10:23Miami Herald published an extensive investigative report about state and
- 10:27federal criminal investigations initiated more than twelve years earlier into
- 10:31allegations that Epstein had coerced girls into engaging in sexual
- 10:35activity with him at his Palm Beach estate. The Miami
- 10:39Herald reported that in two thousand and seven, Acosta entered
- 10:43into an extraordinary deal with Epstein in the form of
- 10:46the MPa, which permitted Epstein to avoid federal prosecution and
- 10:50a potentially lengthy prison sentence by pleading guilty in state
- 10:54court to prostitution charges. According to The Miami Herald, the
- 10:58government also knives from prosecution Epstein's co conspirators and concealed
- 11:03the Epstein victims in the terms of the NPA. Through
- 11:07its reporting, which included interviews of eight victims and information
- 11:10from publicly available documents, the newspaper painted a portrait of
- 11:14federal and state prosecutors who had ignored serious criminal conduct
- 11:19biowealthy man with powerful and politically connected friends by granting
- 11:23him a deal of a lifetime that allowed him both
- 11:26to escape significant punishment for his past conduct and to
- 11:29continue his abuse of minors. The Miami Herald report led
- 11:33to public outrage and media scrutiny of the government's actions.
- 11:38On February twenty one, twenty nineteen, the District Court granted
- 11:42the CVRA case petitioner's motion for partial summary judgment, ruling
- 11:46that the government violated the CVRA in failing to advise
- 11:50the victims about its intention to enter into the NPA.
- 11:53The court also found that letters the government sent to
- 11:56victims after the NPA was signed describing the investigation is ongoing,
- 12:01misled the victims to believe that federal prosecution was still
- 12:04a possibility. The court also highlighted the inequity of the
- 12:08usao's failure to communicate with the victims while at the
- 12:12same time engaging in lengthy negotiations with Epstein's council and
- 12:16assuring the defense that the NPA would not be made
- 12:19public if filed with the court. The court ordered the
- 12:22parties to submit additional briefs regarding the appropriate remedies. After
- 12:27the court's order, the Department recused the USAO from the
- 12:30CVRA litigation and assigned the U. S. Attorney's Office for
- 12:34the Northern District of Georgia to handle the case for
- 12:36the government. Among the remedies sought by the petitioners and
- 12:40opposed by the government was recision of the NPA and
- 12:44the federal prosecution of Epstein. All Right, we're going to
- 12:46wrap up with part one here. In the next episode
- 12:49dealing with the topic, we'll pick up with part number two.
- 12:52All of the information that goes with this episode can
- 12:54be found in the description box. What's up everyone, and
- 12:58welcome back to the program. In this episode were dive
- 13:01and right back in to the OIG report into Jeffrey
- 13:04Epstein's and PA. On July second, twenty nineteen, the U. S.
- 13:09Attorney's Office for the Southern District of New York obtained
- 13:13a federal grand jury indictment charging Epstein with one count
- 13:16of sex trafficking of miners and one count of conspiracy
- 13:19to commit sex trafficking of miners. The indictment alleged that
- 13:23from two thousand and two until two thousand and five,
- 13:26Epstein created a vast network of underage victims in both
- 13:30New York and Florida, whom he sexually abused and exploited.
- 13:34Epstein was arrested on the charges on July six, twenty nineteen.
- 13:38In arguing for Epstein's pre trial detention, prosecutors asserted that
- 13:42agents searching Epstein's Manhattan residents found thousands of photos of
- 13:46nude and half nude females, including at least one believe
- 13:50to be a miner. The court ordered Epstein detained pending trial,
- 13:54and he was remanded to the custody of the Bureau
- 13:56of Prisons and held at Metropolitan Correctional Center in Manhattan. Meanwhile,
- 14:02after publication of the November twenty eighteen Miami Herald report,
- 14:06the media and Congress increasingly focused attention on Acosta as
- 14:11the government official responsible for the NPA. On July tenth,
- 14:15twenty nineteen, Acosta held a televised press conference to defend
- 14:19his and the usao's actions. Acosta stated that the Palm
- 14:23Beach State Attorney's Office was ready to allow Epstein to
- 14:26walk free with no jail time nothing. According to Acosta,
- 14:30because USAO prosecutors considered this outcome unacceptable, his office pursued
- 14:36a difficult and challenging case and obtained a resolution that
- 14:39put Epstein in jail forced them to register as a
- 14:42sexual offender and provided victims with the means to obtain
- 14:46monetary damages. Acosta's press conference did not end the controversy, however,
- 14:51and on July twelfth, twenty nineteen, Acosta submitted to the
- 14:55President his resignation as Secretary of Labour in a brief
- 14:59oral statement a cost to explain that continued media attention
- 15:03on his handling of the Epstein investigation, rather than on
- 15:06the economy, was unfair to the Labor Department. On August tenth,
- 15:10twenty nineteen, Epstein was found hanging in his cell and
- 15:14was later pronounced dead. The New York Chief Medical Examiner
- 15:17concluded that Epstein had committed suicide. As a result of
- 15:21Epstein's death, the US Attorney's Office for the Southern District
- 15:25of New York filed a null prosquay to dismiss the
- 15:28pending indictment against Epstein. On August twenty seventh, twenty nineteen,
- 15:33the District Court held a hearing at which more than
- 15:36a dozen of Epstein's victims, including victims of the conduct
- 15:40in Florida that was addressed through the NPA, spoke about
- 15:44the impact of Epstein's crimes. The court dismissed the Epstein indictment.
- 15:48On August twenty ninth, twenty nineteen, after Epstein's death, the
- 15:52Federal District Court in Florida, overseeing the CVRA litigation, denied
- 15:56the petitioners their requested remedies and closed the case as moot.
- 16:01Among its findings, the court concluded that although the government
- 16:04had violated the CVRA, the government had asserted legitimate and
- 16:08legally supportable positions throughout this litigation and therefore had not
- 16:12litigated in bad faith. The court also noted it expected
- 16:16the government to honor its representation that it will provide
- 16:19training to its employees about the CVRA and the proper
- 16:23treatment of crime victims, as well as honoring its promise
- 16:26to meet with the victims. On September thirtieth, twenty nineteen,
- 16:30CVRA petitioner Jane do One filed her true name, a
- 16:35petition for a rid of mandamus in the United States
- 16:38Court of Appeals for the Eleventh Circuit, seeking review of
- 16:41the District Court's order denying all of her requested remedies.
- 16:45In its response of brief, the government argued that, as
- 16:48a matter of law, the legal obligations under the CVRA
- 16:52do not attach prior to the government charging a case,
- 16:55and thus the CVRA was not triggered in the Southern
- 16:58District of Florida because no criminal charges were brought. Nevertheless,
- 17:02during oral argument, the government conceded that the USAO had
- 17:06not been fully transparent with the petitioner and had made
- 17:09a mistake in causing her to believe that the case
- 17:12was ongoing, when in fact, the NPA had been signed.
- 17:15On April fourteenth, twenty twenty, a divided panel of the
- 17:18Court of Appeals denied the petition, ruling that cvra's rights
- 17:22do not attach until a defendant has been criminally charged.
- 17:26On August seventh, twenty twenty, the court granted the petition
- 17:29for rehearing in bank and vacated the panel's opinion. As
- 17:34of the date of this report, a briefing scheduled has
- 17:36been issued. An oral argument is set for December third,
- 17:39twenty twenty two. The initiation and scope of the opr's
- 17:44investigation after The Miami Herald published its investigative report on
- 17:48November twenty eighth, twenty eighteen, US Senator Ben Sass, chairman
- 17:53of the Senate Judiciary Subcommittee on Oversight Agency Action, Federal
- 17:57Rights and federal courts sent a dec Zumber three, twenty eighteen,
- 18:01letter to OPR, citing the Miami Herald's report and requesting
- 18:05that OPR opened an investigation into the instances identified in
- 18:10the reporting of possible misconduct by Department of Justice attorneys.
- 18:14On February sixth, twenty nineteen, the Department of Justice Office
- 18:18of Legislative Affairs advised Senator Sas that the OPR had
- 18:22opened an investigation into the matter and would review the
- 18:26usao's decision to resolve the federal investigation of Epstein through NPA.
- 18:32After the District Court issued its ruling in the CVR
- 18:35A litigation on February twenty first, twenty nineteen. OPR included
- 18:40within the scope of its investigation an examination of the
- 18:43government's conduct and formed the basis for the court's findings
- 18:46that the USAO violated the CVRA in failing to afford
- 18:51victims a reasonable right to confer with the government about
- 18:54the NPA before the agreement was signed, and that the
- 18:57government affirmatively misled victims about the status of the federal investigation.
- 19:03During the course of its investigation, OPR obtained and reviewed
- 19:06hundreds of thousands of records from the USAO, the FBI,
- 19:10and other department components, including the Office of the Deputy
- 19:14Attorney General, the Criminal Division, the Executive Office for US Attorneys.
- 19:19The records included emails, letters, memoranda, and investigative materials. OPR
- 19:24also collected and reviewed materials relating to the state investigation
- 19:29and prosecution of Epstein. OPR also examined extensive publicly available information,
- 19:35including depositions, pleadings, orders, and other court records, and reviewed
- 19:39media reports and interviews, articles, podcasts, and books relating to
- 19:43the Epstein case. In addition to this extensive documentary review,
- 19:47OPR conducted more than sixty interviews of witnesses, including the
- 19:52FBI agents, their supervisors, and FBI administrative personnel, current and
- 19:57former USAO staff and attorneys, and informer department attorneys and
- 20:02senior managers, including a former Deputy Attorney General and a
- 20:05former Assistant Attorney General for the Criminal Division, and the
- 20:09former State Attorney and former Assistant State Attorney in charge
- 20:12of the state investigation of Epstein. OPR also interviewed several
- 20:17victims and attorneys representing victims, and reviewed written submissions from
- 20:21victims concerning victim contacts with the USAO and the FBI.
- 20:26OPR identified former us Attorney Acosta, three former USAO supervisors,
- 20:32and the a USA as subjects of its investigation based
- 20:36on preliminary information indicating that each of them was involved
- 20:40in the decision to resolve the case through the NPA
- 20:43or in the negotiations leading up to the agreement. OPR
- 20:47deems a current or a former department attorney to be
- 20:50the subject of its investigation when the individual's conduct is
- 20:54within the scope of opr's review and may result in
- 20:57a finding a professional misconduct. OPR reviewed prior public statements
- 21:02made by Acosta and another subject. All five subjects cooperated
- 21:06fully with opr's investigation. OPR requested that all of the
- 21:10subjects provide written responses detailing their involvement in the federal
- 21:15investigation of Epstein, the drafting and execution of the MPa,
- 21:19and decisions relating to victims notification and consultation. OPR received
- 21:25and reviewed written responses from all of the subjects and
- 21:28subsequently conducted extensive interviews of each subject under oath and
- 21:32before a court reporter. Each subject was represented by council
- 21:36and had access to relevant contemporaneous documents. Before the subject's
- 21:40OPR interview. The subjects reviewed and provided comments on their
- 21:45respective interview transcripts and on opr's draft report. OPR carefully
- 21:50considered the comments and made changes or noted comments as
- 21:54OPR deemed appropriate. OPR did not, however, alter its findings
- 21:59and conclusion. Finally, OPR reviewed relevant case law, statutes, regulations,
- 22:05department policy, and attorney professional responsibility rules as necessary to
- 22:10resolve the issues presented in this case and to determine
- 22:14whether the subjects committed professional misconduct. As part of its investigation,
- 22:19OPR examined the interactions between state officials and the federal
- 22:23investigators and prosecutors. But because OPR does not have jurisdiction
- 22:27over state officials, OPR did not investigate or reach conclusions
- 22:32about their conduct regarding the state investigation. Because opr's mission
- 22:36is to ensure that department attorneys adhere to the standards
- 22:40of professional conduct, opr's investigation focused on the actions of
- 22:44the subject attorneys rather than on determining the full scope
- 22:47of Epstein and his assistants criminal behavior. Accordingly, OPR considered
- 22:52the evidence and information regarding Epstein and his assistant's conduct
- 22:57as it was known to the subjects at the time
- 22:59they performed their duties as Department attorneys. Additional evidence and
- 23:03information that came to light after June thirtieth, two thousand
- 23:07and eight, when Epstein entered his guilty plea under the NPA,
- 23:10did not affect the subject's action prior to that date,
- 23:14and OPR did not evaluate the subject's conduct on the
- 23:17basis of that subsequent information. Opr's investigation occurred approximately twelve
- 23:23years after most of the significant events relating to the
- 23:26usao's investigation of Epstein, the NPA, and Epstein's guilty plea.
- 23:31As a result, many of the subjects and witnesses were
- 23:34unable to recall the details of events of their own
- 23:38or other's actions occurring in two thousand and six through
- 23:41two thousand and eight, such as conversations, meetings, or documents
- 23:44they reviewed at the time. However, opr's evaluation of the
- 23:49subject's conduct was aided significantly by extensive contemporaneous emails among
- 23:54the prosecutors and communications between the government and defense counsel.
- 23:58These records often referred to the interactions among the participants
- 24:02and described important decisions. In some instances, the basis for them,
- 24:08all right, we're going to wrap up this episode here
- 24:10and in the next episode we're going to pick up
- 24:12with the overview of the opr's analytical Framework. All of
- 24:17the information that goes with this episode can be found
- 24:20in the description box. What's up everyone, and welcome back
- 24:23to the Epstein Chronicles. In this episode, we're going to
- 24:26pick up where we left off with the OIG Report
- 24:30into Jeffrey Epstein and is NPA Part three Overview of
- 24:35the opr's Analytical Framework. Opr's primary mission is to ensure
- 24:41that the Department Attorneys perform their duties in accordance with
- 24:44the highest professional standards as would be expected of the
- 24:48nation's principal law enforcement agency. Accordingly, OPR investigates allegations of
- 24:54professional misconduct against current or former Department attorneys related to
- 24:58the exercise of the their authority to investigate, litigate, or
- 25:02provide legal advice. OPR also has jurisdiction to investigate allegations
- 25:07of misconduct against Department law enforcement agents when they relate
- 25:11to a Department attorney's allege professional misconduct. In its investigations,
- 25:16OPR determines whether a clear and unambiguous standard governs the
- 25:21conduct in question, or to the subject did not intentionally
- 25:25or recklessly violate the standard that governs the conduct. Then
- 25:29it concludes that the subject's conduct does not constitute professional misconduct.
- 25:33In some cases, OPR may conclude that a subject attorney's
- 25:37conduct does not satisfy the elements necessary for a professional
- 25:41misconduct finding, but that the circumstances warrant another finding. In
- 25:45such cases, OPR may conclude that a subject attorney exercise
- 25:50poor judgment, made a mistake, or otherwise acted inappropriately under
- 25:54the circumstances. OPR may also determine that the subject attorney's
- 25:58conduct was appropriated under the circumstances. Part four. Issues considered
- 26:05in this investigation, OPR considered two distinct sets of allegations.
- 26:09The first relates to the negotiation, execution and implementation of
- 26:13the NPA. The second relates to the USAOs interactions with
- 26:17Epstein's victims, and adherents to the requirements of the CVR.
- 26:21The two sets of issues are described below and are
- 26:24analyzed separately in this report a Negotiation, Execution and Implementation
- 26:31of the NPA. In evaluating whether any of the subjects
- 26:34committed professional misconduct, OPR considered whether any of the NPA's
- 26:39provisions violated a clear or unambiguous statute, professional responsibility, rule
- 26:44or standard, or department regulation or policy. In particular, OPR
- 26:50considered whether the NPA violated standards relating to one charging decisions,
- 26:55two declination of criminal charges, three deferred or non prosecution agreements,
- 27:01four plea agreements, five grants of immunity, or six the
- 27:06deportation of criminal aliens. The potentially applicable standards that OPR
- 27:11considered as to each of these issues are identified and
- 27:14discussed later in this report. OPR also examined whether the
- 27:18evidence establishes that any of these subjects were influenced to
- 27:22enter into the NPA or to include in the NPA
- 27:25terms favorable to Epstein because of improper motives such as
- 27:29a bribe, political consideration, personal interest, or favoritism. OPR also
- 27:35examined and discusses in the report significant events that occurred
- 27:39after the NPA was negotiated and signed that shed additional
- 27:42light on the usao's handling of the Epstein investigation. B
- 27:47the District Court's conclusion that the USAO A violated the CVRA.
- 27:52To address the district courts adverse judicial findings, OPR assessed
- 27:56the manner content and timing of the government's interactions with
- 27:59the victims both before and after the NPA was signed,
- 28:04including victim notification letters issued by the USAO and the FBI,
- 28:09and interviews conducted by the USAO. OPR considered whether any
- 28:14of the subject attorneys violated any clear and unambiguous standard
- 28:18governing victim consultation or notification. OPR examined the government's lack
- 28:24of consultation with the victims before the NPA was signed,
- 28:28as well as the circumstances relating to the District Court's
- 28:31findings that the USAO affirmatively misled Epstein's victims about the
- 28:36status of the federal investigation after the NPA was signed.
- 28:40Five opr's findings and conclusions. OPR evaluated the conduct of
- 28:45each subject and considered his or her individual role in
- 28:49various decisions and events. Acosta, however, made the pivotal decision
- 28:54to resolve the federal investigation of Epstein through a state
- 28:57base plea, and neither developed or approved the terms of
- 29:00the initial offer to the defense that set the beginning
- 29:03point for the subsequent negotiations that led to the NPA.
- 29:07Although Acosta did not sign the NPA, he participated in
- 29:11its drafting and approved it with knowledge of its terms.
- 29:14During his OPR interview, Acosta acknowledged that he approved the
- 29:18NPA and accepted responsibility for it. Therefore, OPR considers Acosta
- 29:23to be responsible for the NPA and for the actions
- 29:26of others subjected who implemented his decision. Acosta's overall responsibility
- 29:32for the government's interactions or lack of communication with the
- 29:35victims is less clear, but a Costa affirmatively made certain
- 29:38decisions regarding victim notification, and OPR evaluates his conduct with
- 29:43respect to those decisions. B Findings and conclusions relating to
- 29:48the government's interactions with the victims. OPR further concludes that
- 29:53none of the subject attorneys committed professional misconduct with respect
- 29:56to the government interactions with the victims. The subjects did
- 30:00not have a clear and unambiguous duty under the CVRA
- 30:04to consult with the victims before entering into the NPA
- 30:07because the USAO resolved the Epstein investigation without a federal
- 30:11criminal charge. Significantly, at the time the NPA was signed,
- 30:15the Department did not interpret CVR rights to attach them
- 30:19less and until federal charges had been filed and the
- 30:23federal courts had not established the unambiguous standard applying the
- 30:27CVRA before criminal charges were brought. In addition, OPR did
- 30:32not find any evidence that the lack of consultation was
- 30:35for the purpose of silencing victims. Nonetheless, the lack of
- 30:39consultation was part of a series of government interactions with
- 30:42the victims that ultimately led to the public and the
- 30:45court condemnation of the government's treatment of the victims, reflected
- 30:49poorly on the Department as a whole, and his contradictory
- 30:52to the department's mission to minimize the frustration and the
- 30:56confusion that victims of crime endure. OPR ton THEO mean
- 31:00that none of the subjects was responsible for communication sent
- 31:03to certain victims after the NPA was signed that described
- 31:07the case as under investigation and that failed to inform
- 31:10them of the NPA. The letters were sent by an
- 31:13FBI administrative employee who was not directly involved in the investigation,
- 31:18incorporated standard form language used by the FBI when communicating
- 31:22with victims, and were not drafted or reviewed by the subjects. Moreover,
- 31:26the statement that the matter was under investigation was not
- 31:30false because the government in fact continued to investigate the
- 31:33case in participation and anticipation that Epstein would not fulfill
- 31:38the terms of the NPA. However, the letters risked misleading
- 31:42the victims and contributed to victim frustration and confusion by
- 31:46failing to provide important information about the status of the investigation.
- 31:51The letters also demonstrated a lack of coordination between the
- 31:54federal agencies responsible for communicating with Epstein's victims, and showed
- 31:59a lack of attention to and oversight regarding communication with victims.
- 32:04After the MPa was signed, Acosta elected to defer the
- 32:07state attorney the decision whether to notify victims about the
- 32:10state's plea hearing pursue into the state's own victim rights requirements.
- 32:14Although Acosta's decision was within his authority and did not
- 32:17constitute professional misconduct, OPR concludes that Acosta exercised poor judgment
- 32:23when he failed to make certain that the state intended
- 32:26to and would notify victims identified through the federal investigation
- 32:30about the state plea hearing. His decision left victims uninformed
- 32:34about an important proceeding that resolved the federal investigation, an
- 32:38investigation about which the USAO had communicated with victims for months.
- 32:43It is also ultimately created the misimpression that the department
- 32:47intentionally sought the silence the victims. A costa fell to
- 32:51ensure that victims were made aware of a court proceeding
- 32:54that was related to their own cases, and thus he
- 32:56failed to ensure that victims were treated with forthrightness and dignity.
- 33:01OPR concludes that the decision to postpone notifying the victims
- 33:05about the terms of the NPA after it was signed,
- 33:08and the omission of information about the NPA during victim
- 33:11interviews and conversations with the victim's attorneys in two thousand
- 33:15and eight does not constitute professional misconduct. Contemporaneous records show
- 33:21that these actions were based on strategic concerns about creating impeachment,
- 33:25evidence that Epstein's victims had financial motives to make claims
- 33:29against them, evidence that he could use against victims out
- 33:32of trial, and were not for the purpose of silencing
- 33:35his victims. Nonetheless, the failure to reevaluate the strategy prior
- 33:39to interviews of victims and discussions with victims attorneys occurring
- 33:43in two thousand and eight led to interactions that contributed
- 33:46to victim's feelings that the government was intentionally concealing information
- 33:50from them. After examining the full scope and context of
- 33:54the government's interactions with victims, OPR concludes that the government's
- 33:58lack of transparency and its inc consistent messages led to
- 34:01victims feeling confused and ill treated by the government. Gay victims,
- 34:05and the public the misimpression that the government had colluded
- 34:09with Epstein's counsel to keep the NPA secret from the
- 34:11victims and undercut public confidence in the legitimacy of the
- 34:15resulting agreement. The overall result of the subjects handling of
- 34:20the case understandably left many victims feeling ignored and frustrated,
- 34:24and resulted in extensive public criticism. In some OPR concludes
- 34:29that the victims were not treated with the forthrightness and
- 34:32sensitivity expected by the department. All right, folks, so we're
- 34:36going to wrap up right there, and in the next
- 34:38episode dealing with the topic, we'll pick up where we
- 34:40left off. All of the information that goes with this
- 34:43episode can be found in the description box. What's up, everyone,
- 34:48and welcome back to the Epstein Chronicles. In this episode,
- 34:51we're going to continue on with the OIG report into
- 34:55Jeffrey Epstein's NPA Chapter one significant entity and individuals. The
- 35:01federal and local law enforcement agencies A, the Department of Justice,
- 35:06the U. S. Attorney's Office for the Southern District of Florida,
- 35:09and the Federal Bureau of Investigation. The Department of Justice
- 35:14is a cabinet level executive branch department headed by the
- 35:17United States Attorney General. The state admission of the Department
- 35:21is to enforce federal law and defend the interests of
- 35:24the United States, insure public safety, provide federal leadership in
- 35:28preventing and controlling crime, seek just punishment for those guilty
- 35:32of unlawful behavior, and insure the fair and impartial administration
- 35:36of justice. The Department enforces federal criminal law through investigations
- 35:41and prosecutions of violations of federal criminal statutes. It also
- 35:46engages in civil litigation. During the period relevant to this report,
- 35:50the Department had approximately one hundred and ten thousand employees
- 35:54in forty components. The Department's headquarters are in Washington, d C.
- 35:59And it conducts its work through field locations around the
- 36:02nation and overseas. The prosecution of federal criminal law is
- 36:07handled primarily through ninety four U. S. Attorney's offices, each
- 36:11headed by a presidentially appointed with advice and consent of
- 36:15the U S. Senate U S Attorney who has independent
- 36:18authority over his or her office, but is overseen by
- 36:21the Attorney General through the Deputy Attorney General. The department's
- 36:25Criminal Division, headed by an Assistant Attorney General, includes components
- 36:29which specialized areas of expertise that also prosecute cases, assist
- 36:34in the prosecutions handled by US Attorney's offices, and provide
- 36:38legal expertise and policy guidance. Among the Criminal Division components
- 36:42mentioned in this report are the Appellate Section, the Office
- 36:46of Enforcement Operations, the Computer Crime and Intellectual Property Section,
- 36:51and most prominently, the Child Exploitation and Obscenity Section. CEOs,
- 36:57based in the Washington d C, compromise attorneys and investigators
- 37:01who specialize in investigations and prosecuting child exploitation crimes, especially
- 37:07those involving technology, and they assist US Attorney's offices in investigations, trials,
- 37:13and appeals related to these offenses. CEOs provide advice in
- 37:17training to federal prosecutors, law enforcement personnel, and government officials.
- 37:22CEOs also work to develop and refine proposals for prosecution policies, legislation,
- 37:28government practices, and agency regulations. The U. S. Attorney's Manual USAM,
- 37:34revised in twenty eighteen and renamed the Justice Manual, is
- 37:38a compilation of department rules, policies, and guidance governing the
- 37:42conduct of department employees. It includes requirements for approval, buy
- 37:46or consultation with the Criminal Division or other divisions having
- 37:50responsibility for specific criminal enforcement, such as the Criminal Civil
- 37:55Rights Division. In this report, OPR applies the USAM provisions
- 37:59in a fee at the relevant time. During the period
- 38:02most relevant to this report, the Attorney General was Michael Mukhesy,
- 38:06the Deputy Attorney General was Mark Philippe, and the Assistant
- 38:10Attorney General for the Criminal Division was Alice Fisher. The
- 38:13Chief of CEOs was Andrew Osterbon. The U. S. Attorney's
- 38:18Office for the Southern District of Florida that handled federal
- 38:22matters in the Southern District of Florida's Judicial District, which
- 38:25covers the counties of Miami, Dade, Broward, Monroe, pom Beach, Martin,
- 38:29Saint Lucie, Indian River, Okechobee, and Highlands, an area of
- 38:34over fifteen thousand square miles. During the period relevant to
- 38:37this report, the USAO had a staff of approximately two
- 38:41hundred assistant US Attorneys and two hundred support personnel. The
- 38:45main office is in Miami. Staff branch offices are located
- 38:49in Fort Lauderdale, West Palm Beach, covering pom Beach County
- 38:52and Fort Pierce, and an unstaffed branch office is located
- 38:56in Key West. The West Palm Beach USAO d office
- 39:00is approximately seventy miles from the Miami office. The USAO
- 39:04is headed by the US Attorney. The second in command
- 39:07is the First Assistant US Attorney FAUSA, who serves as
- 39:12principal advisor to the US Attorney and supervises all components
- 39:16of the USAO, including the criminal, civil, and appellate divisions,
- 39:20each of which is headed by a chief. During the
- 39:23period relevant to this report, the West pom Beach office
- 39:26consisted of two criminal sections and was headed by a
- 39:30managing a USA. The Federal Bureau of Investigation is the
- 39:34principal federal law enforcement agency and is part of the department.
- 39:39It maintains field offices that work with US Attorney's offices.
- 39:43The FBI field office in Miami, headed by a special
- 39:46Agent in charge has satellite offices known as resident agencies,
- 39:50one of which is located in West Palm Beach and
- 39:53covers Palm Beach County. The Epstein investigation was handled by
- 39:57special agents assigned to a particular WESTB pom Beach Resident
- 40:01Agency squad headed by a Supervisory Special Agent. FBI responsibility
- 40:06for advising crime victims of their rights and victim services
- 40:09available to them is handled by non agent victim specialists.
- 40:13The following chart shows the department's organizational structure during the
- 40:17period relevant to this report, and if you click on
- 40:20the link, you'll be able to see that chart. B
- 40:23the state and local law enforcement agencies. Florida State criminal
- 40:26prosecutions are primarily managed by an Office of State Attorney
- 40:31in each of the state's twenty judicial circuits, headed by
- 40:34a state attorney who was elected to a four year term.
- 40:37Pom Beach County constitutes the fifteenth judicial Circuit. Barry Krisher
- 40:42was the elected state attorney for that circuit from nineteen
- 40:45ninety two until January of two thousand and nine, during
- 40:49the period relevant to this report. The Palm Beach County
- 40:52State Attorney's Office, based in the city of West Palm
- 40:55Beach had more than one hundred attorneys and several investigators,
- 40:59and the Crimes again An its Children unit, headed by
- 41:01Assistant State Attorney Lana Bellohovlik. The incorporated town of Palm
- 41:06Beach occupies the Coastal Barrier Island off the city of
- 41:10West Palm Beach. Its law enforcement agency is the Palm
- 41:13Beach Police Department. Michael Ryder, who joined the PBPD in
- 41:17nineteen eighty one, served as PBPD chief from two thousand
- 41:22and one to February two thousand and nine. The Palm
- 41:25Beach County Sheriff's Office, based in the city of West
- 41:28Palm Beach, is the largest law enforcement agency in the county.
- 41:31Through its Department of Corrections, the PbSO operates the main
- 41:35detention center, and during the period relevant to this report,
- 41:38housed minimum security detainees, including those on work release, at
- 41:43its stockade facility. The current sheriff has served continuously since
- 41:47January two thousand and five. Section two subject attorneys and
- 41:52their roles in the Epstein case. Alex Acosta was appointed
- 41:56intram us attorney for the Southern District of Florida in
- 41:59June to two thousand and five, at age thirty six.
- 42:02In June two thousand and six, President George W. Bush
- 42:06formally nominated at Acosta. After Senate confirmation, Acosta was sworn
- 42:10in as US Attorney in October two thousand and six.
- 42:14After graduating from law school, Acosta served a federal appellate clerkship,
- 42:19an eighteen month term as an associate at the firm
- 42:22of Kirkland and Ellis in Washington, d C. Approximately four
- 42:26years as a policy fellow and law school lecturer, and
- 42:29nearly two years as Deputy Assistant Attorney General in the
- 42:33Department's Civil Rights Division. He was presidentially appointed in two
- 42:36thousand and two as a member of the National Labor
- 42:39Relations Board and in two thousand and three as Assistant
- 42:42Attorney General in charge of the department's Civil Rights Division,
- 42:46where he served from August two thousand and three until
- 42:48his appointment as Interim U S Attorney and where he oversaw,
- 42:52among other things, the prosecution of human trafficking and child
- 42:56sex trafficking cases. As U S Attorney, Acosta's office was
- 43:00in the usao's Miami headquarters, although he traveled to the
- 43:05usao's branch offices. During Acosta's tenure as US Attorney the
- 43:09USAO initiated the federal investigation of Epstein, engaged in plead
- 43:14discussions with Epstein's council, and negotiated the federal non prosecution
- 43:18agreement that is the subject of this report. Acosta made
- 43:22the decision to resolve the federal investigation into Epstein's conduct
- 43:26by allowing Epstein to enter a state plea. Acosta was
- 43:30personally involved in the negotiations that led to the NPA,
- 43:33reviewed various iterations of the agreement, and approved the final
- 43:37agreement signed by the USAO. Acosta continued to provide supervisory
- 43:42oversight and to have meetings and other communications with Epstein's
- 43:46attorneys during the nine month period between the signing of
- 43:49the NPA on September twenty four, two thousand and seven,
- 43:53and Epstein's entry of a guilty plea in state court
- 43:55pursuant to the terms of the agreement on June thirtieth,
- 43:58two thousand and eight. On December eighth, two thousand and eight,
- 44:01after the presidential election and while Epstein was serving as
- 44:05state prison sentence, Acosta was formally recused from all matters
- 44:09involving the law firm of Kirkland Ellis, which was representing
- 44:12Epstein because Acosta had begun discussions with the firm about
- 44:16a possible employment. After leaving the USAO, in June two
- 44:20thousand and nine, Acosta became the dean of the Florida
- 44:24International University College of Law. In April twenty seventeen, Acosta
- 44:29became the us Secretary of Labor, but he resigned from
- 44:31that post effectively July nineteen, twenty nineteen, following public criticism
- 44:37of the usao's handling of the Epstein case. Jeffrey H.
- 44:42Slowman he joined the USAO in nineteen ninety as a
- 44:46line AUSA. In two thousand and one, he became deputy
- 44:49chief of the usao's Fort Lauderdale Branch Office of Narcotics
- 44:53and Violent Crime Section, and in two thousand and three
- 44:56became managing a USA for that branch office. In early
- 45:00two thousand and four, Slowman was appointed chief of the
- 45:03usao's Criminal Division. In October two thousand and six, Sloman
- 45:08became the FAUSA, and Slowman's office was located with Acostas
- 45:12in the Miami Office Executive Suite. As FAUSA, Sloman was
- 45:17responsible for supervising the civil, Criminal, and Appellate divisions, and
- 45:21he was part of the supervisory team that oversaw the
- 45:24Epstein investigation. Although Sloman had relatively little involvement in the
- 45:29decision and negotiations that led to the NPA and did
- 45:33not review it before it was signed, he personally negotiated
- 45:36an addendum to the NPA, which he signed on behalf
- 45:40of the USAO. In October of two thousand and seven,
- 45:43after subordinates Matthew Minchell and Andrew Lourie left the USAO,
- 45:47Sloman directly engaged with the line Ausa Marie Vilafauna on
- 45:52Epstein matters and participated in meetings and other communications with
- 45:56Defense Council. After Acosta was formed recused from the Epstein
- 46:01matter in two thousand and eight, Slowman became the senior
- 46:04USAO official supervising the matter. When Acosta left the USAO,
- 46:09Slowman became the acting us Attorney for the Southern District
- 46:12of Florida, and in January twenty ten, the Attorney General
- 46:16appointed Slowman to be the interim u S Attorney for
- 46:19the district. Slowman left the USAO to enter private practice
- 46:23in June twenty ten. Matthew Menchell joined the USAO in
- 46:27nineteen ninety eight after having served as a New York
- 46:30County Assistant District attorney for eleven years. After several years
- 46:34as a line AUSA, Menchell became chief of the usao's
- 46:39Major Crime Section. In October two thousand and six, Menchell
- 46:43became the Chief of the usao's Criminal Division based in Miami.
- 46:47A Criminal Division chief, Menchell was part of the supervisory
- 46:50team that oversaw the Epstein investigation, and he participated in
- 46:54meetings and other communications with Defense Council. Menchell participated in
- 46:59the distris decision to extend a two year state based
- 47:02plea proposal to Epstein and communicated it to the Defense.
- 47:06Shortly after that plea offer was extended to Epstein in
- 47:09early August two thousand seven, and before the precise terms
- 47:13of the NPA were negotiated with Defense counsel, Menchell left
- 47:16the usao's office to enter private practice. Andrew C. Lourie
- 47:21joined the USAO as a line USA in nineteen ninety
- 47:25four after having served for three years as an AUSA
- 47:29in Jersey. During his thirteen year tenure at the USAO,
- 47:33Laurie served two terms on detail as the acting chief
- 47:36of the department's Criminal Division's Public Integrity Section, first from
- 47:40September two thousand one until September two thousand two, and
- 47:44then from February two thousand and six until July two
- 47:46thousand and six. Between those two details and again after
- 47:50his return to the USAO in July of two thousand
- 47:53and six, louri was a Deputy Chief of the usao's
- 47:56Criminal Division, serving as the Managing aus SA for the
- 48:00West pom Beach Branch office. Lourie was part of the
- 48:03supervisory team that oversaw the Epstein investigation and negotiated the NPA,
- 48:08participating in meetings and other communications with Defense Council. During
- 48:13September two thousand and seven, while the NPA was being negotiated,
- 48:17Lourie transitioned out of the USAO to serve on detail
- 48:20as Principal Deputy Assistant Attorney General for the department's Criminal Division,
- 48:25a position which he served as chief of staff to
- 48:28assist an Attorney General, Alice Fisher. Lourie left the department
- 48:32in February two thousand and eight to enter private practice.
- 48:35Anne Marie Villafauna joined the USAO in September two thousand
- 48:40and one as a line a USA. She served in
- 48:43the Major Crime Section in Miami until January two thousand
- 48:46and four, when she transferred to the West pom Beach
- 48:49Branch office. Vila Fauna handled the majority of the child
- 48:53exploitation cases in the West Palm Beach along with other
- 48:56criminal matters. In two thousand and six, she was designated
- 49:00as the usao's first coordinator for Projects Save Childhood, a
- 49:04new department initiative focusing on child sexual exploitation and abuse.
- 49:09In two thousand six, Villa Fauna assumed responsibility for the
- 49:12Epstein investigation. As the line AUSA, Villa Fauna handled all
- 49:17aspects of the investigation. Villa Fauna determined the lines of
- 49:21inquiry to pursue, identify the witnesses to be interviewed, conducted
- 49:25legal research to support possible charges, and sought guidance from
- 49:29others at the USAO and in the department. Villa Fauna,
- 49:33along with FBI case agents and the FBI Victims Specialist,
- 49:37had direct contact with Epstein's victims. She handled CORP proceedings
- 49:40related to the investigation. She drafted a prosecution memorandum, indictment
- 49:45and related documents, and revised those documents in response to
- 49:48comments from those in her supervisory chain of command. Vila
- 49:52Fauna participated in meetings between members of the USAO and
- 49:56Council for Epstein, and prepared briefing materials for mans management
- 50:00in preparation for those meetings and then response to issues
- 50:04raised during those meetings. Although Acosta made the decision to
- 50:07utilize a non prosecution agreement to resolve the federal investigation
- 50:12and approve the terms of the NPA, Villa Fauna was
- 50:15the primary USAO representative negotiating with Defense Council and drafting
- 50:20the language of the NPA under her supervisor's direction in guidance,
- 50:24and she signed the NPA on behalf of the USAO. Thereafter,
- 50:28Villa Fauna monitored Epstein's compliance with the NPA and addressed
- 50:33issues relating to his conduct. After two victims pursued a
- 50:37federal civil lawsuit seeking enforcement of their rights under the
- 50:40Crime Victim's Rights Act US Code eighteen, Section thirty seven
- 50:44seventy one in July two thousand and eight, Villa Fauna
- 50:47served as co counsel to the lead attorney representing the
- 50:50USAO until February twenty nineteen, when the USAO was recused
- 50:55from handling litigation. Vilafauna left the USAO in Alli Gets
- 51:00twenty nineteen and joined another government agency. All right, we're
- 51:04going to wrap up this episode right here, and in
- 51:06the next episode, we're going to meet Jeffrey Epstein and
- 51:09his attorneys. All of the information that goes with this
- 51:12episode can be found in the description box. What's up, everyone,
- 51:16and welcome back to the Epstein Chronicles. In this episode,
- 51:21we're getting right back to the OIG report into Jeffrey
- 51:25Epstein's non prosecution agreement. Three. Jeffrey Epstein and his defense attorneys. Hey,
- 51:32Jeffrey Epstein. Jeffrey Epstein was born in Brooklyn, New York,
- 51:35in nineteen fifty three. Although he did not graduate from college,
- 51:39he taught physics and mathematics to teens at an elite
- 51:42private school in Manhattan from nineteen seventy four until nineteen
- 51:46seventy six. Through the connections made at the school, he
- 51:49was hired at the Wall Street firm of Bars Stearns,
- 51:52where he rose from junior assistant to a floor trader
- 51:55to become a limited partner before leaving in nineteen eighty one.
- 51:59And enigmatic individual whose source of wealth was never clear,
- 52:03Epstein reportedly provided wealth management and advisory services to a
- 52:07business entrepreneur through whom Epstein acquired a mansion in Midtown Manhattan,
- 52:13where he resided. In the early nineteen nineties, Epstein acquired
- 52:16a large residence in Palm Beach, Florida. He also owned
- 52:19a private island in the US Virgin Islands, a ranch
- 52:22in New Mexico, and a residence in Paris, France. He
- 52:26traveled among his residences in a private boeing seven to
- 52:29twenty seven jet Epstein reportedly was an investor, founder, or
- 52:34a principle in a myriad businesses and other entities in
- 52:38numerous locations. Although frequently referred to as a billionaire, the
- 52:41sources and extent of his wealth were never publicly established.
- 52:45During his lifetime, he associated with prominent and wealthy individuals
- 52:50from business, political, academic, and social circles, and engaged in
- 52:54substantial philanthropy. Epstein maintained a large core of employees, including
- 52:59housekeeping staff and pilots, as well as numerous female personal assistants,
- 53:04several of whom traveled with them. B Epstein's defense attorneys,
- 53:09Jeffrey Epstein employed numerous criminal defense attorneys in responding to
- 53:13the allegations that he had coarse girls into engaging in
- 53:17sexual activity with them at his Palm Beach, Florida state
- 53:20As different law enforcement entities became involved in investigating the allegations,
- 53:25he added attorneys having particular relevant knowledge of or connections
- 53:29with those entities. At the outset of the state investigation,
- 53:33Epstein retained nationally prominent Miami criminal trial attorney Roy Black.
- 53:38He was also represented by a local criminal defense attorney
- 53:42who was a former Palm Beach County assistant state attorney,
- 53:46and by nationally prominent Harvard Law School professor and criminal
- 53:50defense attorney Alan Dershowitz, who was a self described close
- 53:53friend of Epstein. After initial plea negotiations with the state
- 53:57attorney's office, Epstein replaced the local attorney with Jack Goldberger,
- 54:02a prominent West Palm Beach criminal defense attorney whose law
- 54:06partner was married to the assistant state attorney handling the
- 54:09Epstein case. Once Epstein hired Goldberger, the assistant state attorney
- 54:14was removed from the Epstein case on the basis of
- 54:17that conflict of interest. Another prominent attorney who began representing
- 54:21Epstein during the state investigation was New York City attorney
- 54:25Gerald Lefcourt, whose law firm website claims his national reputation
- 54:29for the aggressive defense of high profile defendants in criminal matters.
- 54:34In late two thousand and six, after the USAO opened
- 54:38its investigation, Epstein hired Miami criminal defense attorneys who were
- 54:42former ausas. One, Guy Lewis, had also served as the
- 54:47us Attorney for the Southern District of Florida and as
- 54:50director of the Department's Executive Office for the United States Attorneys,
- 54:54the component charge with providing close liaison between the Department
- 54:58and the state and the us Ataenttorneys. Another, Lilian Sanchez,
- 55:02had served in the USAO and as a Deputy chief
- 55:06in the Major Crime Section before leaving in two thousand
- 55:09and five. In August two thousand and seven, immediately after
- 55:12the USAO offered the terms that ultimately led to the NPA,
- 55:16two attorneys from the firm of Kirkland Dannellis, one of
- 55:19the largest law firms in the country, contacted the USAO
- 55:23on Epstein's behalf. Kenneth Starr, former federal judge and Solicitor General,
- 55:28who was serving as dean of Pepperdine University's School of
- 55:31Law while of council to the firm, and J. Lefkowitz,
- 55:35a litigation partner who had served in high level positions
- 55:38in the administrations of President George H. W. Bush and
- 55:42George W. Bush. They were joined by nationally prominent Boston
- 55:46criminal defense attorney Martin Weinberg. After the NPA was signed,
- 55:50former US Attorney Joe D. Whitley joined the defense team,
- 55:54as did former Principal Deputy Chief of CEOs and another
- 55:58former US attorney who was also a retired judge. Chapter two,
- 56:03the Non Prosecution Agreement, Part one Factual Background, Section one
- 56:09Overview in the following sections. In this chapter, the Office
- 56:13of Professional Responsibility OPR details the significant events leading to
- 56:17and during the federal investigation of Epstein, the negotiation and
- 56:23signing of the NPA, and the defense's subsequent nine month
- 56:26effort to stop the NPA from taking effect. OPR also
- 56:30describes more briefly, the events occurring after Epstein pled guilty
- 56:35in state court, as the USAO sought to hold him
- 56:38to the terms of the agreement. In describing events, OPR
- 56:42relies heavily on contemporaneous documents, particularly emails. In many instances,
- 56:47the emails not only describe meetings and identify the participants,
- 56:51but also set forth the issues under discussion. The alternatives considered,
- 56:56and the basis for certain decisions. When helpful to explain
- 56:59the u S actions taken by the subjects, OPR also
- 57:03includes the subject's explanations as provided in their written responses
- 57:07to or interviews with OPR, or explanations provided by witnesses.
- 57:14A timeline of key events is set forth on the
- 57:16following page section two. March two thousand and five through
- 57:20May two thousand and six, Epstein is investigated by the
- 57:24Palm Beach Police Department and the Palm Beach County State
- 57:27Attorney's Office. A the initial allegations and the pb PD investigation.
- 57:33In March two thousand and five, the parents of a
- 57:36fourteen year old girl reported to the Palm Beach Police
- 57:39that a man had paid their daughter three hundred dollars
- 57:41to give him a massage in his Palm Beach home.
- 57:45The Palm Beach Police began investigating Epstein, identified as the
- 57:49recipient of the massage, and two of his personal assistants
- 57:52who were also implicated by the complaint. The investigation soon
- 57:56expanded beyond the initial claim to encompass allegations that during
- 58:00two thousand and four and two thousand and five, through
- 58:03his female assistants. Epstein and some of the victims as well,
- 58:07regularly recruited local high school age girls to give him
- 58:10massages in his home that in some cases led to
- 58:14sexual activity. Through their interviews with victims, the police learned
- 58:17more about Epstein's conduct. Some girls had only had one
- 58:21encounter with Epstein, while others had many encounters with them.
- 58:24The nature of the massages varied, according to victims. Some
- 58:28girls remained fully clothed while they massaged Epstein, some wore
- 58:32only their underwear, and some were fully nude. Victims stated
- 58:35that during the massages, Epstein masturbated himself. Some victims alleged
- 58:40that he touched them during the massage, usually fondling their
- 58:43breasts or touching their vaginas directly or through their clothing.
- 58:47Some victims were reported that Epstein used a vibrator to
- 58:50masturbate them, and some stated that he digitally penetrated them.
- 58:55Some victims, who stated they saw him more often alleged
- 58:58that Epstein engaged in order and vaginal sex with them.
- 59:02According to one victim, an Epstein female assistant participated on
- 59:06at least one occasion in sexual activity with a victim
- 59:09at Epstein's direction. Although The allegations varied in the specific details.
- 59:14For the most part, they were consistent in describing a
- 59:17general pattern of conduct by Epstein and several of his assistants.
- 59:21According to the information provided to and evidence gathered by
- 59:25the Palm Beach Police, Epstein's assistant scheduled up to three
- 59:29massage appointments a day, often contacting the girls to make
- 59:32an appointment while Epstein was en route to Palm Beach
- 59:36from one of his other residences. Typically, when a girl
- 59:39arrived at Epstein's home for a massage, she was taken
- 59:42upstairs to the master bedroom and bathroom Mario by one
- 59:45of Epstein's assistants, who set up the massage table and
- 59:49the massage oils. When the assistant left the room, Epstein entered,
- 59:52wearing only a robe or a towel. After removing the clothing,
- 59:56Epstein laid face down and nude on the massage table,
- 1:00:00instructed the girl to remove her clothing, and then explained
- 1:00:02to her how he wished her to perform the massage.
- 1:00:06During the massage, Epstein masturbated himself, often while fondling the
- 1:00:09girl performing the massage. When Epstein climax the massage was over,
- 1:00:14usually Epstein paid the girl two hundred dollars for the massage,
- 1:00:18and if she had not been to his own before,
- 1:00:20Epstein asked her for her phone number to contact to
- 1:00:22her in the future. Epstein encouraged the girls to perform
- 1:00:25these massages to find other girls interested in performing massage's forum,
- 1:00:30and promised that if a girl brought a friend along
- 1:00:32to perform a massage, each girl would receive two hundred dollars.
- 1:00:36Several of the victims acknowledged to the pb PD that
- 1:00:39they had recruited other girls on Epstein's behalf. The evidence
- 1:00:43regarding Epstein's knowledge of the girl's ages was mixed. Some
- 1:00:47girls who recruited other girls reportedly instructed the new recruits
- 1:00:51to tell Epstein at vast that they were over eighteen
- 1:00:53years old. However, some girls informed the PBPD that they
- 1:00:58told Epstein their real ages. Police were able to corroborate
- 1:01:02one girl's report that Epstein sent flowers to her at
- 1:01:05her high school after she performed in a school play.
- 1:01:08In addition, an employee of Epstein told the PBPD that
- 1:01:12some of the females who came to Epstein's residence appeared
- 1:01:15to be under age. Epstein was aware of the PBPD
- 1:01:19investigation almost from the beginning, he retained local criminal defense counsel,
- 1:01:24who in turn hired private investigators. In October two thousand
- 1:01:28and five, the PBPD, with the assistance of the State's
- 1:01:31Attorney's office, obtained a search warrant for Epstein's residence. When
- 1:01:35police arrived at Epstein's home on October twentieth, two thousand
- 1:01:39and five, to execute the warrant, they found computer monitors
- 1:01:42and keyboards in the home, as well as disconnected surveillance cameras,
- 1:01:46but the computer equipment itself, including video recordings and other
- 1:01:50electronic storage media, were gone. Nonetheless, the PBPD retrieved some
- 1:01:55evidence from Epstein's home, including notepads on which Abstein's assistants
- 1:02:00documented messages from many girls over a two year span,
- 1:02:04returning phone calls to confirm appointments. The police also found
- 1:02:08numerous photographs of naked young females of indeterminate age. Police
- 1:02:13photographs taken of the interior of Epstein's home corroborated the
- 1:02:16victim's descriptions to police of the layout of the home
- 1:02:20and the master bedroom and bathroom area. The police also
- 1:02:23found massage tables and oils. One victim's high school transcript
- 1:02:27and items the police believed to be sex toys. All right,
- 1:02:31we're going to wrap up right here, and in the
- 1:02:33next episode, we're going to pick up where we left off,
- 1:02:36and that's with Part B. The State attorney's office decides
- 1:02:39to present the case to a state grand jury. All
- 1:02:43of the information that goes with this episode can be
- 1:02:46found in the description box.