Federal prosecutors, under former Miami U.S. Attorney Alex Acosta, broke the law when they concealed a plea agreement from more than 30 underage victims who had been sexually abused by wealthy New York hedge fund manager Jeffrey Epstein, a federal judge ruled Thursday.
While the decision marks a victory for crime victims, the federal judge, Kenneth A. Marra, stopped short of overturning Epstein's plea deal, or issuing an order resolving the case. He instead gave federal prosecutors 15 days to confer with Epstein's victims and their attorneys to come up with a settlement. The victims did not seek money or damages as part of the suit.
It's not clear whether the victims, now in their late 20s and early 30s, can, as part of the settlement, demand that the government prosecute Epstein. But others are calling on the Justice Department to take a new look at the case in the wake of the judge's ruling.
"As a legal matter, the non-prosecution agreement entered into by the U.S. Attorney's Office in the Southern District of Florida does not bind other U.S. Attorneys in other districts. They are free, if they conclude it is appropriate to do so, to bring criminal actions against Mr. Epstein and his co-conspirators,'' said lawyer David Boies, representing two of Epstein's victims who claim they were trafficked by Epstein in New York and other areas of the country.
Earlier this month, the Department of Justice announced it was opening a probe of the case in response to calls from three dozen members of Congress. Nebraska Sen. Ben Sasse, the Republican chairman of the Senate Judiciary Oversight Subcommittee, on Thursday asked the DOJ to re-open Epstein's plea deal.
"The fact that it's taken this long to get this far is heartbreaking and infuriating,'' said Sasse. "The Department of Justice should use this opportunity to reopen its non-prosecution agreement so that Epstein and anyone else who abused these children are held accountable."
Epstein's lawyer, Martin Weinberg, did not return a call from the Miami Herald.
Brad Edwards, who represents Courtney Wild — Jane Doe No. 1 in the case — said he was elated at the judge's ruling, but admitted he is troubled that it took 11 years to litigate. He blamed federal prosecutors for needlessly dragging it out when they could have remedied their error after it was brought to their attention in 2008.
"The government aligned themselves with Epstein, working against his victims, for 11 years,'' Edwards said. "Yes, this is a huge victory, but to make his victims suffer for 11 years, this should not have happened. Instead of admitting what they did, and doing the right thing, they spent 11 years fighting these girls.''
Marra, in a 33-page opinion, said prosecutors not only violated the Crime Victims' Rights Act by not informing the victims, they also misled the girls into believing that the FBI's sex trafficking case against Epstein was still ongoing — when in fact, prosecutors had secretly closed it after sealing the plea bargain from the public record.
The Judge’s opinion is here.
Miami Herald, February 21, 2019
February 24, 2019
Post Script. Scumbag and criminalJeffrey Epstein trafficked up to 100 underage victims. Why did Acosta, now Trump’s Secretary of Labor, hide the plea agreement from Epstein’s victims? He needs to go to jail on Federal charges. #LockAcostaUp