Debate Over Whether Jeffrey Epstein’s Federal Non‑Prosecution Deal Violated Victims’ Rights

Sides argue whether Jeffrey Epstein’s nonprosecution deal violated alleged victims' rights Page 2 of 4 Epstein, now 58, pleaded not guilty in August 2006 in state court. Eventually he agreed to a state plea deal and served 13 months of an 18-month sentence for soliciting a minor for prostitution and soliciting prostitution — but only after his attorneys successfully argued for the federal non-prosecution pact. The U.S. attorneys sent letters to Jane Doe No. 1 and No. 2 twice in | 2008 describing their case as being under federal investigation — | even though a non-prosecution agreement had been created the : previous year and had been kept secret from the young women, , according to Edwards. Edwards said the latter action “eviscerated the rights” of the two women to bring Epstein to justice. Assistant U.S. Attorney Dexter Lee told Marra that the Crime Victims’ Rights Act dictates that victim notification is triggered only after an indictment. Cassell disagreed. “It wasn’t designed to be so narrowly circumscribed,” the Fort Lauderdale lawyer said. Lee said requiring federal attorneys to confer with alleged victims before they can determine whether an indictment is warranted would impinge on prosecutorial discretion. “The government believes these rights would attach only after a formal indictment,” Lee said. Marra questioned that assertion. “I think we wouldn’t be here if your office had conferred with the victims, heard them out,” and explained why prosecution wasn’t pursued, the judge said. Lee countered that alleged victims have no right to confer with the government when the government is not “in the case.” The judge reserved ruling on the plaintiffs’ motion to unseal the federal attorneys’ plea deal correspondence with Epstein’s legal team. He gave famed criminal defense attorney Roy Black two weeks to submit materials explaining why the letters should not be turned over to the two young women’s lawyers. The U.S. Attorney’s Office will then have two weeks to respond, then the plaintiffs’ team will have a week to respond. Black will then have a week to deliver his final reply to the judge. Black had argued that the correspondence was protected by attorney -client privilege. “Any statements made in regard to plea bargaining are immunized” whether related to statements of culpability or not, Black said. “This is classic work product we sent to the government.” Share this article: COMMENTS http://www.palmbeachdailynews.com/news/sides-argue-whether-jeffrey-epsteins-nonprose... 8/19/2011 HOUSE_OVERSIGHT_021717