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involved in such notifications. According to Villafafia, Sloman then directed her to have the case
agents make the victim notifications.
Accordingly, Villafafia directed the case agents to “meet with
for [victims] to enhance their stories” and that the defense would try to have Villafafia or the case
agents removed from the case.
Both the lead case agent and Villafafia told OPR that after the FBI
During this meeting, the Agents did not explain that an agreement
had already been signed that precluded any prosecution of Epstein
for federal charges against me. I did not get the opportunity to mee
Chief wanted to know if the victims had been consulted about the deal.””?! Sloman forwarded this
email to Acosta. Villafafia recalled that Sloman responded to her email by telephone, possibly
after he
disagreement” regarding the CVRA’s requirements.””> Oosterbaan’s disagreement was based on
policy considerations, and he told OPR that “from a policy perspective,” CEOS would not “take a
position that
U.S, Department of Fug lice
Federal Bureau of Tnvesligalion
FB] = West Palm Peach
Suite 200
505 South Hagler Drive
West Pola Beach. FL 33401
Phone (541) $3 3-T517
Fan: (367) 833-7970
Augosl 2%, 2
C. FBI Victim Notification Pamphlets
The 2005 Guidelines recommended that “victims be given a printed brochure or card that
briefly describes their rights and available services . . . and [contact in
victim/witness staff were “ready to assist you with the details of victim notification, and other
areas for which United States Attorney[’]s Offices are now explicitly responsible under the act.”
The
information about available services for victims. Therefore, even
though [the Department] may not afford CVRA rights to victims if
charges have not been filed in their cases, the [D]epartment may
prov
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) The right to be treated with fairness and with respect for the
victim’s
parties.2°* The rush to reach a resolution should not have led the USAO to agree to such a
significant provision without a full consideration of the potential consequences and justification
for the p
Timeline of Key Events for Crime Victims’ Rights Act Analysis
FBI ec 7 — Sloman tells July 7—Jane Doe files an Additional Key Dates
; ‘ us ae ihe emergency petition against
: gar ae 3 the United Stat
which Villafafia and Lourie believed that the state had intentionally failed to aggressively pursue
a broader state indictment.
One example illustrates this communication gap. In a September 20, 2007
D. Acosta’s Decisions Led to Difficulties Enforcing the NPA
After the agreement was reached, the collateral attacks and continued appeals raised the
specter that the defense had negotiated in bad fai
To be clear, OPR is not suggesting that prosecutors must obtain all available evidence
before reaching plea agreements or that prosecutors cannot reasonably determine that reaching a
resolution is mor
with one of Epstein’s defense attorneys about it. Sloman told OPR during his interview that he
“vaguely” remembered the computer issue. The documentary evidence confirms that he had at
least some cont
Epstein’s state guilty plea.°° As U.S. Attorney, Acosta had the authority to resolve the case in
this manner, but OPR concludes that in light of all the surrounding circumstances, his decision to
do s
search warrant was executed on that property, the computer equipment associated with those
cameras had been removed. Villafafia knew who had possession of the computer equipment.
Surveillance images m
successful federal prosecution, Acosta prematurely decided to resolve the case without adequately
addressing ways in which a federal case potentially could have been strengthened, such as by
obtaining
entitled to significant weight, and OPR credits them. OPR finds, therefore, that the emails in
question do not themselves establish that Villafafia (or any other subject) acted to improperly
benefit E
Lourie described the promise not to prosecute “potential co-conspirators” as “unusual,” and told
OPR that he did not know why it was included in the agreement, but added that it would be “unlike
me if
Villafafia had raised (defense counsel’s attempt to insert an immigration waiver into the
agreement), but Lourie did not comment on the provision promising not to prosecute co-
conspirators or ask Vil
With regard to her comment about “avoid[ing] the press,” Villafafia told OPR that her goal
was to protect the anonymity of the victims. She said that the case was far more likely to be
covered by the
OPR asked Villafafia about these emails and about the tenor of her interactions with
Lefkowitz during the NPA negotiations and with other defense attorneys generally. Villafafia
acknowledged that thei
promise equates to the imposition of a gag order. Our Office cannot
and will not agree to this.
It is the intent of this Office to treat this matter like any other case.
Acosta told OPR that this wa
sentence of incarceration, and the USAO would consider a plea that differed from that requirement
a breach of the NPA and would “proceed accordingly.”
The guilty plea Epstein entered in state court i
2. The Evidence Does Not Establish That Acosta Negotiated a Deal
Favorable to Epstein over Breakfast with Defense Counsel
OPR separately considered the circumstances of one specific meeting that has
preparing a “short” charging document “with only ‘clean’ victims that they have not dirtied up
already.””°° The fact that Lourie apparently used information gleaned from the defense about the
victims’
accept the two-year proposal when it was made, but instead continued to press for a sentence of
home confinement, suggesting that the defense had not requested the two-year term as a favor and
did not
including one called by the USAO to offer the NPA term sheet resolution—and a sixth meeting
together with the State Attorney and the lead state prosecutor to discuss the state plea. Acosta
attended on
In its review of the documentary record, OPR examined an email written by Villafafia in
2018, more than a decade after the NPA was negotiated, in which she suggested that the two-year
sentence require
been concerned about policy and federalism issues.””! Sloman told OPR that although he did not
remember specific conversations, he generally recalled that Acosta had been “sensitive to” Petite
policy
The USAO might have been able to surmount the evidentiary, legal, and policy issues
presented by a federal prosecution of Epstein. Villafafia, in particular, believed she could have
prevailed had she
considered that the USAO’s most pivotal decisions—to resolve the case through an NPA requiring
Epstein to serve time in jail, register as a sexual offender, and provide monetary damages to
victims—had
Longstanding Department policy directs prosecutors to require the defendant to plead to the most
serious readily provable charge consistent with the nature and extent of the defendant’s criminal
condu
agreement that did not require Epstein’s cooperation nor did the USAM require Acosta to obtain
Departmental approval before doing so.
C. The NPA’s Individual Provisions Did Not Violate Any Clear and
As the U.S. Attorney, and in the absence of evidence establishing that his decision was
motivated by improper factors, Acosta had the “plenary authority” under federal law and under the
USAM to resolv
different points in time, and regarding different decisions. Menchel, for example, participated in
formulating the USAO’s initial written offer to the defense, but he had no involvement with actions
o
CHAPTER TWO
PART THREE: ANALYSIS
1. OVERVIEW
Following the Miami Herald report in November 2018, media scrutiny of and public
attention to the USAO’s handling of its Epstein investigation has conti
when prosecutors have used third parties as leverage in plea negotiations. Numerous courts have
made clear, however, that a plea is not invalid when entered under an agreement that includes a
promise
the prosecutor indicted him on more serious charges. Hayes was thereafter convicted and
sentenced under the new indictment. The state court of appeals rejected Hayes’s challenge to his
conviction, con
flexibility to decline to bring a particular charge based on a “good faith doubt” that the law or
evidence supports the charge.
2. Department Policy Relating to Deportation of Criminal Aliens
On Apr
cooperation as part of a plea agreement, or compelling cooperation under a “use immunity” order.
The comment observes that these alternative means “are clearly preferable to permitting an
offender to
that come within the national investigation and prosecution priorities established
by the Department are more likely to satisfy this requirement than other matters.
(2) The prior prosecution must hav
defendant’s criminal conduct, has an adequate factual basis, makes likely the imposition of an
appropriate sentence and order of restitution, and does not adversely affect the investigation or
prosecu
Some offenses, even though in violation of Federal law, are of
particularly strong interest to the authorities of the state or local
jurisdiction in which they occur, either because of the nature of t
until after Epstein completed his sentence, but that Krischer would oppose such a petition “if it is
in the agreement.”!”? On November 16, 2007, the case agents met with Belohlavek and asked if
the St
for up to 12 hours per day, six days per week, to work at the “Florida Science Foundation” office
in West Palm Beach.'*? In mid-November 2008, Villafafia learned that Epstein was on work
release. She
Dershowitz, Lefkowitz and Starr.”!7’ In that same later public statement, Acosta noted that he
received communications from Dershowitz, Starr, and Lefkowitz, who “all sought to make peace”
with him; A
The Court: Are all the victims in both these cases in
agreement with the terms of the plea?
Ms. Belohlavek: I have spoken to several myself and I have
spoken to counsel, through counsel as to the
oth