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Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 48-51) (7/5/26) · The Vault: The Epstein Files

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