Alleged USAO Leaks and Victim Notification Scheme in Epstein Non‑Prosecution Agreement

a KIRKLAND & ELLIS LLP Epstem. All of these plaintiffs are apparently on the above-described government “victim” list. FAUSA Sloman Attempts to Encourage Civil Suits and the Hiring of the Government’s 4}. 42. 43. Ad. 45. Choice of Attorney On November 27, Mr. Sloman sent an email to Mr. Epstein’s attorneys stating that “I intend to notify the victims by letter after COB Thursday [two days later].” See Tab 34, November 27, 2007 Email from J. Sloman to J. Lefkowitz. The morning of November 28, attorneys for Mr. Epstein faxed a letter to Assistant Attorney General Alice Fisher, requesting a meeting with her to discuss the impropriety of the USAO’s encouraging civil lawsuits against Mr. Epstein under the guise of the terms of the Non Prosecution Agreement. See Tab 35, November 28, 2007 Letter from K. Starr to A. Fisher. Late in the day on November 28, Epstein’s attorneys received from AUSA Villafana a copy of the USAO’s proposed victim-notification letter that “Jeff [Sloman] asked that I forward.” See Tab 36, November 28, 2007 Email from M. Villafana to J. Lefkowitz. (a) The proposed victim-notification letter cited as authority the “Justice for All Act of 2004” (which U.S. Attorney Acosta later agreed had no application to these circumstances). It referred to the addressees as minor “victims,” suggested they make statements in state court, that they were not entitled to make, and referred incorrectly to Mr. Epstein as a “sexual predator.” Jd. (b) FAUSA Sloman also proposed advising recipients, in an underlined sentence that, “You have the absolute right to select your own attorney” to “assist you in making .. a Claim” for “damages from [Epstein].” But that “[i]f you do decide to use [two attorneys selected by the U.S. Attorney’s “special master”’] as your attorneys, Mr. Epstein will be responsible for paying attorney’s fees incurred during the time spent trying to negotiate a settlement.” Jd. The USAO Leaks Confidential Information to the New York Times Perhaps most troubling of all, the USAO has repeatedly leaked information about this case to the media—including to Landon Thomas, the senior business correspondent for the New York Times. We have personally reviewed Mr. Thomas’s own notes, and they are remarkably detailed about highly confidential aspects of the prosecution’s theory of the case and the plea negotiations. Mr. Thomas’s calls to the USAO initially were referred to Assistant United States Attorney David Weinstein. AUSA Weinstein informed Mr. Thomas that federal authorities were considering charging Mr. Epstein under 18 U.S.C. §§ 1591, 2422 and 2423, and told the reporter that Mr. Epstein had both lured girls over the telephone and traveled in interstate commerce for the purpose of engaging in sex with minors. AUSA Weinstein also divulged the terms and conditions of the USAO’s negotiations with Mr. Epstein—including the fact that Mr. Epstein had proposed “house arrest” with extra 9 HOUSE_OVERSIGHT_012168