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Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 311 of 349
OPR evaluated the conduct of each subject based on his or her individual role in various
decisions and events and assessed that co
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 306 of 349
and they often cannot fully reveal either the facts or the status of an investigation, even with
victims. The 2005 Guidelines advi
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 304 of 349
attend the hearing. In his affidavit, Edwards asserted, “[T]here was no possible way I could have
believed that this state plea co
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 302 of 349
the federal investigation I was cooperating in. If I had been told of a[n NPA], I would have
objected.” Wild further stated in her
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 300 of 349
resolution of the case to ensure Epstein’s victims were given an opportunity to attend the plea
hearing, and to possibly speak abo
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 299 of 349
argued that Acosta should have been able to rely on his staff to accomplish the victim notification
task, and thus had no responsi
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 297 of 349
the PBPD during its investigation into Epstein’s conduct. Absent information from the USAO,
the state would not have been in a pos
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 296 of 349
B. Acosta Exercised Poor Judgment When He Failed to Ensure That Victims
Identified in the Federal Investigation Were Informed of t
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 294 of 349
Thereafter, in his December 19, 2007 letter to defense counsel mainly addressing other
matters, Acosta informed the defense that t
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Acosta told OPR that there was no requirement to notify the victims because the NPA was
“not a plea, it’s deferring in favor of a
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 286 of 349
did not find evidence showing that the subjects intended to silence victims or to prevent them from
having input into the USAO’s i
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 283 of 349
As discussed below, OPR concludes that none of the subject attorneys violated a clear and
unambiguous duty under the CVRA because
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 282 of 349
CHAPTER THREE
PART THREE: ANALYSIS
I. OVERVIEW
In addition to criticism of Acosta’s decision to end the federal investigation b
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 280 of 349
(d) Whether the proposed plea involves confidential information or conditions.
(e) Whether there is another need for confidentiali
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254
DOJ-OGR-00004578
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 275 of 349
B. The Victims’ Rights and Restitution Act of 1990 (VRRA), 34 U.S.C. § 20141,
Services to Victims (formerly cited as 42 USCA § 106
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1. Responsible Officials. For cases in which charges have been instituted, the responsible
official is the U.S. Attorney in whose
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 276 of 349
(4) During court proceedings, a responsible official shall ensure that a victim is provided a
waiting area removed from and out of
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 277 of 349
service providers, and lists the names and telephone numbers of the victim-witness
coordinator or specialist and other key officia
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 272 of 349
victims deserve to be treated with fairness and respect, and to be conferred with on the criminal
case, not just because the CVRA
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 274 of 349
CHAPTER THREE
PART TWO: APPLICABLE STANDARDS
I. STATUTORY PROVISIONS
Pertinent sections of the CVRA and the VRRA, applicable du
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246
DOJ-OGR-00004570
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 268 of 349
F. 2010 - 2011: Department and Congressional Actions Regarding
Interpretation of the CVRA
In connection with the Department’s 201
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obligated to amend her prior letter to victims to correct the reference to the December letter.*”°
Accordingly, the September lett
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 264 of 349
no federal charges filed against Epstein as a result of the government’s agreement in mid-2007 to
defer prosecution to the state.”
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 265 of 349
18 U.S.C. § 2255 and again listing the 32 “individuals whom the United States was prepared to
name as victims of an enumerated off
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 260 of 349
[M]y expectation of what was going [to] happen at the plea was that
it would be like a federal plea where there would be a factual
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 251 of 349
if you have additional questions which invelve this matter, please coniact the office listed above, When
you cail, please previde
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 246 of 349
have “notified [the victims] that that was an all-encompassing plea, that that state court sentence
would also mean that the feder
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 244 of 349
informed victims “of their right to collect damages prior to a thorough investigation of their
allegations against Mr. Epstein”:
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 243 of 349
her a victim for purposes of the federal charges, and continued to treat her as a victim because she
wanted “to go above and beyon
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 242 of 349
in Courtroom 11F at the Palm Beach County Courthouse, 205 North
Dixie Highway, West Palm Beach, Florida. Pursuant to Florida
Statu
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 240 of 349
she would inform victims of the terms of the resolution of the federal case, including Epstein’s
agreement to plead guilty to stat
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 239 of 349
NPA.*!° The FBI reports of the victim interviews do not mention the NPA or indicate that the
victims were asked for their input re
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 238 of 349
and thanking Acosta for agreeing on October 12, 2007, not to “contact any of the identified
individuals, potential witnesses, or p
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 234 of 349
A. September — October 2007: The Case Agents Notify Some Victims about the
NPA, but Stop When the Case Agent Becomes Concerned abo
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2. Villafafiia Asserts That Her Supervisors Gave Instructions Not to
Consult Victims about the Plea Discussions, but Her Superviso
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 230 of 349
various iterations of the victims’ rights legislation.””*° Villafafia explained to OPR her reference
to the victims:
[M]y concern
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 229 of 349
for some victims, learning of the Epstein investigation and possible
exposure of their identities caused them emotional distress.
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 228 of 349
government informed any victim about the potential for resolving the federal investigation through
a state plea.
A. The Case Agen
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[A]s Chief of the Criminal Division of the USAO, I did not consider
it to be within my purview to ensure that appropriate victim
n
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 226 of 349
questions,” she wanted to “make sure that they . . . feel like they can trust me.” Villafafia directed
the FBI case agents to hand
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 225 of 349
If you have additional questions which invalve this matter, please contact the office listed above. When
you call, please provide
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 220 of 349
OLC concluded that because the CVRA defines “‘crime victim’ as a ‘person directly and
proximately harmed by the commission of a Fe
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 216 of 349
CHAPTER THREE
ISSUES RELATING TO THE GOVERNMENT?’S INTERACTIONS
AND COMMUNICATIONS WITH VICTIMS
PART ONE: FACTUAL BACKGROUND
I.
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 214 of 349
from Villafafia and others, but given the highly unusual procedure being considered, his decision
should have been made only after
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 212 of 349
managers required more effort than in other offices, where a line AUSA can more easily just stop
by a supervisor’s office to discu
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 215 of 349
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188
DOJ-OGR-00004512
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the defendant faced decades in prison for sexual crimes against minors with such an insignificant
term of incarceration, and made
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indictment. Given Epstein’s continued insistence that federal charges were not appropriate and
defense counsel’s efforts to minimi