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Wednesday, June 4, 2014
VIRGIN ISLANDS
Epstein's nusers press
to reopen sex abuse case
By CURT ANDERSON
The Associated Press
MIAMI — Nearly a decade ago,
wealthy financial guru Jeffrey
Epstein came under FBI investiga-
tion, suspected of
sexually abusing
dozens of under-
age girls at his
Palm Beach man-
sion. Then,
abruptly, the
investigation was
dropped and
Jeffrey Epstein
pleaded guilty to Jeffrey Epstein
a single state
charge of soliciting prostitution. He
served just over a year in jail.
Now, two women who say they
were among his victims have won
a precedent-setting appeals court
ruling entitling them to see all the
documents from the plea bargain
discussions between Epstein's
high-powered lawyers and federal
prosecutors.
Their goal: use those files to undo
the agreement, reopen the investiga-
tion, and subject Epstein to more
charges.
The women's lawyers contend
Epstein got special treatment because
of his wealth and connections. His.
attorneys deny that.
Virgin Islands first lady Cecile
deJongh is the manager of Financial
Trust Co., a financial services com-
pany owned by Epstein. She has also
worked with his charitable founda-
tion, the J. Epstein Virgin Islands
Foundation.
Epstein owns one of the territory's
largest residential estates, the 68.7-
acre Little St. James Island.
Epstein, 61, made hundreds of mil-
lions of dollars managing funds for
rich clients. Shortly after his 2008
guilty plea, it came to light that his
lawyers had secretly reached a non-
prosecution agreement months earli-
er with the U.S. Justice Department
that spared him a potentially heavier
punishment.
"Our complaint alleges that, prod-
ded by Epstein, the federal prosecu-
tors deliberately concealed the sweet-
heart plea deal they made with him
to avoid public criticism," said Paul
Cassell, a University of Utah law
professor who is representing the two
women.
The U.S. attorney's office in
Miami would not comment. But the
U.S. attorney at the time, R.
Alexander Acosta, said in a 2011 let-
ter defending his office that more
evidence came to light after Epstein
made his deal.
"Many victims have spoken out,
filing detailed statements in civil
cases seeking damages. Physical evi-
dence has been discovered," Acosta
wrote. "Had these additional state-
ments and evidence been known, the
outcome may have been different."
Epstein has settled lawsuits for
undisclosed amounts with many of
the women who say they were under-
age when they were paid for sex.
The case represents the first time a
federal appeals court has ruled that
the Crime Victims' Rights Act of
2004 guarantees victims the right to
be informed about the details of how
a plea bargain was reached, accord-
ing to legal experts and lawyers
involved in the case. The law marked
the culmination of efforts begun in
the 1960s to give crime victims more
of a say.
"I hope that the case will ultimate-
ly set an important precedent that
federal prosecutors can't keep vic-
tims in the dark about the plea deals
that they reach," Cassell said.
' Epstein served 13 months of an
18-month sentence on the prostitu-
tion charge, sold his Palm Beach
home in 2011 and now divides his
time between a New York City home,
Little St. James island and an apart-
ment in Paris, according to court doc-
uments. He also has a large New
Mexico ranch.
He donates huge sums each year,
particularly toward projects involv-
ing new medical treatments and arti-
ficial intelligence. His foundation
established a Harvard University
program that uses mathematics to
study evolutionary biology, viruses
and disease.
According to lawsuits filed by
some of his accusers, Epstein relied
on assistants to recruit underage girls
to give him massages and perform
sex acts. They were usually paid
about S200.
Some girls were notified about the
investigation beginning in 2006. But
they weren't told about the negotia-
tions with federal prosecutors for at
least nine months, despite a require-
ment in the Crime Victims' Rights
Act that they be kept informed. The
two women r who were 13 and 14
when the alleged assaults occurred
— sued for the files and won.
"Although plea negotiations are
vital to the functioning of the crimi-
nal justice system, a prosecutor and
target of a criminal prosecution do
not enjoy a relationship of confidence
and trust when they negotiate," the
appeals court said.
Federal prosecutors have begun
turning over the documents.
Epstein's attorney, Roy Black, the
celebrity lawyer who is also repre-
senting Justin Bieber in his DUI and
resisting-arrest case in Miami
Beach, declined to comment but has
asked that the documents be kept
from public view, and so far they
have been.
In a May 23 court filing, Black
said that there was no conspiracy
between prosecutors and Epstein's
team to violate the victims' rights
law and that the non-prosecution
agreement contained many provi-
sions Epstein strongly opposed,
such as registering as a sex offend-
er and agreeing not to contest cer-
tain lawsuits.
"This was no sweetheart deal by
any stretch of the imagination,"
Black said in court papers.
Even if a judge invalidates the plea
deal, it will still be up to federal pros-
ecutors to decide what to do.
"The court can't force the prosecu-
tors to bring charges," said Matt
Alearod, a former federal prosecutor
now in private practice in
Washington.
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