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Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 291 of 348
IV. ACOSTA’S DECISION TO DEFER TO THE STATE ATTORNEY’S
DISCRETION WHETHER TO NOTIFY VICTIMS ABOUT EPSTEIN’S STATE
COURT PLEA HEARI
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 290 of 348
continuing.” The co-case agent also told OPR that, as of the time of his OPR interview in 2019,
the “the case was open . . . it?s
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 289 of 348
B. Because the Federal Investigation Continued after the NPA Was Signed, the
FBI Letters Were Accurate but Risked Misleading Victi
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 288 of 348
breach, however, Epstein would enter his state guilty plea and the federal investigation would end.
Thus, the statement that the c
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 287 of 348
require victim approval of the prosecutors’ plans, but it allows victims the opportunity to express
their views and to be heard be
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 284 of 348
In Wild, the Eleventh Circuit panel compared the language of the CVRA to the language
of the VRRA, noting that the VRRA “clearly e
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 283 of 348
398 The “prosecution stage”
399
and consider victims’ views about, prospective plea negotiations.
began when charges were filed
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 278 of 348
(e) If the offender is convicted, the sentence and conditions of supervised
release, if any, that are imposed.
(6) Referrals. Onc
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 270 of 348
the 2005 Guidelines was inconsistent with positions the USAO had taken in correspondence with
Epstein’s attorneys, in which the go
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 269 of 348
letters to victims sent after the NPA was signed were not misleading in stating that the matter was
“under investigation” because
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 268 of 348
Department had made its “best efforts in thousands of federal and District of Columbia cases to
assert, support, and defend crime
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 265 of 348
letter was substantially identical to the previous FBI victim notification letter the FBI had sent to
victims (in 2006, 2007, and
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 262 of 348
civil suits that were pending against Epstein.*® Villafafia also emailed one of the pro bono
attorneys she had engaged to help vic
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 261 of 348
yes.” The court also asked Belohlavek ifthe juvenile victim’s parents or guardian agreed with the
plea, and Belohlavek stated that
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 260 of 348
When asked why the USAO did not simply notify the victims of the change of plea hearing,
Sloman responded that he “was more focuse
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 258 of 348
Villafafia told OPR that before the state plea hearing, she sent Reiter a list of the victims,
including their telephone numbers,
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 257 of 348
about the NPA because it was “confidential” and because the case was under “investigation and
leading towards” the filing of charg
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 256 of 348
an instance in which Wild “asked a question that wasn’t answered” of anyone in the USAO or of
the FBI case agents.
Edwards contac
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 255 of 348
CVRA rights attach prior to the filing of criminal charges.*4+ The Appellate Division Chief noted
that, although the holding confl
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 254 of 348
camera memory cards seized by the PBPD in order to have them forensically examined for deleted
images that could contain child por
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 253 of 348
prosecutors and did not recall learning any information about Epstein’s guilty plea until after the
plea was entered on June 30, 2
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 252 of 348
for him, as U.S. Attorney, to attend witness interviews, and further, that no one in the USAO “was
questioning the pain or the suf
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 251 of 348
in FBI interviews of Wild and other victims, Villafafia informed CEOS Chief Oosterbaan that she
anticipated the victims “would be
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 248 of 348
We will make our best efforts to ensure you are accorded the rights
described. Most of these rights pertain to events occurring af
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 246 of 348
decision as to who can be heard at a state sentencing is, amongst
many other issues, properly within the aegis of state decision
m
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 244 of 348
review the appropriateness of the potential federal charges and the government’s “unprecedentedly
expansive interpretation” of 18
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 240 of 348
the USAO’s interpretation of the agreement and “the use of Section 2255.” The Starr and
Lefkowitz letter asserted it was “wholly i
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 236 of 348
for [victims] to enhance their stories” and that the defense would try to have Villafafia or the case
agents removed from the case
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 234 of 348
involved in such notifications. According to Villafafia, Sloman then directed her to have the case
agents make the victim notifica
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 235 of 348
During this meeting, the Agents did not explain that an agreement
had already been signed that precluded any prosecution of Epstei
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 231 of 348
Chief wanted to know if the victims had been consulted about the deal.”?! Sloman forwarded this
email to Acosta. Villafafia recall
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 232 of 348
disagreement” regarding the CVRA’s requirements.””> Oosterbaan’s disagreement was based on
policy considerations, and he told OPR
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 222 of 348
C. FBI Victim Notification Pamphlets
The 2005 Guidelines recommended that “victims be given a printed brochure or card that
brief
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 221 of 348
victim/witness staff were “ready to assist you with the details of victim notification, and other
areas for which United States At
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 220 of 348
information about available services for victims. Therefore, even
though [the Department] may not afford CVRA rights to victims if
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 218 of 348
(6) The right to full and timely restitution as provided in law.
(7) The right to proceedings free from unreasonable delay.
(8) T
Case 1:20-cr-00330-PAE
Document 204-3
Filed 04/16/21
Page 216 of 348
Timeline of Key Events for Crime Victims’ Rights Act Analysis
Dec 7 — Sloman tells
Villafafia to “
letter”
1¢
é notificatio
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 212 of 348
parties.’ The rush to reach a resolution should not have led the USAO to agree to such a
significant provision without a full con
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 210 of 348
which Villafafia and Lourie believed that the state had intentionally failed to aggressively pursue
a broader state indictment.
O
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 208 of 348
D. Acosta’s Decisions Led to Difficulties Enforcing the NPA
After the agreement was reached, the collateral attacks and continued
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 205 of 348
To be clear, OPR is not suggesting that prosecutors must obtain all available evidence
before reaching plea agreements or that pro
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 204 of 348
with one of Epstein’s defense attorneys about it. Sloman told OPR during his interview that he
“vaguely” remembered the computer i
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 201 of 348
Epstein’s state guilty plea.°° As U.S. Attorney, Acosta had the authority to resolve the case in
this manner, but OPR concludes th
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 202 of 348
search warrant was executed on that property, the computer equipment associated with those
cameras had been removed. Villafafia kn
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 196 of 348
successful federal prosecution, Acosta prematurely decided to resolve the case without adequately
addressing ways in which a feder
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 194 of 348
Lourie described the promise not to prosecute “potential co-conspirators” as “unusual,” and told
OPR that he did not know why it w
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 193 of 348
Villafafia had raised (defense counsel’s attempt to insert an immigration waiver into the
agreement), but Lourie did not comment o
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 192 of 348
entitled to significant weight, and OPR credits them. OPR finds, therefore, that the emails in
question do not themselves establis
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 191 of 348
With regard to her comment about “avoid[ing] the press,” Villafafia told OPR that her goal
was to protect the anonymity of the vic
Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 190 of 348
OPR asked Villafafia about these emails and about the tenor of her interactions with
Lefkowitz during the NPA negotiations and wit