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@ -60,7 +60,7 @@ As U.S. Attorney he oversaw the 2006 prosecution of the [[Cali Drug Cartel]] lea
### The 2008 Non-Prosecution Agreement
Federal investigators in the Southern District of Florida identified roughly 30, and ultimately more than 30, minors whom Epstein was alleged to have sexually abused, after the Palm Beach Police Department referred the case to the [[Federal Bureau of Investigation|FBI]] on concerns that the local prosecution would be too lenient. By May 2007 government lawyers had prepared an 82-page prosecution memorandum and a 53-page draft federal indictment charging Epstein with multiple federal sex offenses; the Justice Department later described the draft as a 60-count indictment. Acosta decided in 2007 to negotiate with Epstein's defense team rather than seek that indictment. At a July 31, 2007 meeting with Epstein's lawyers, his office offered to end the investigation if Epstein pleaded guilty to state charges, served at least two years, registered as a sex offender, and agreed to a damages mechanism for victims. Acosta did not sign the agreement but, according to the Justice Department's later review, "participated in its drafting and approved it, with knowledge of its terms."[^1][^6][^7]
Federal investigators in the [[U.S. Attorney's Office for the Southern District of Florida|Southern District of Florida]] identified roughly 30, and ultimately more than 30, minors whom Epstein was alleged to have sexually abused, after the [[Palm Beach Police Department]] referred the case to the [[Federal Bureau of Investigation|FBI]] on concerns that the local prosecution would be too lenient. By May 2007 government lawyers had prepared an 82-page prosecution memorandum and a 53-page draft federal indictment charging Epstein with multiple federal sex offenses; the Justice Department later described the draft as a 60-count indictment. Acosta decided in 2007 to negotiate with Epstein's defense team rather than seek that indictment. At a July 31, 2007 meeting with Epstein's lawyers, his office offered to end the investigation if Epstein pleaded guilty to state charges, served at least two years, registered as a sex offender, and agreed to a damages mechanism for victims. Acosta did not sign the agreement but, according to the Justice Department's later review, "participated in its drafting and approved it, with knowledge of its terms."[^1][^6][^7]
The non-prosecution agreement, negotiated through 2007 and executed in stages, required Epstein to plead guilty in Palm Beach County court, which he did in June 2008, to state charges including soliciting prostitution and procuring a person under 18 for prostitution. He was sentenced to 18 months, of which he served roughly 13, under conditions that allowed extensive work release. The Justice Department's review recorded that from October 2008 he spent "12 hours a day purportedly working at the '[[Florida Science Foundation]],' an entity Epstein had recently incorporated that was co-located at the West Palm Beach office of one of Epstein's attorneys"; later reporting on sheriff's records described him leaving the jail for up to 16 hours a day, seven days a week. The foundation paid the [[Palm Beach County Sheriff's Office]] 128,136 dollars during his incarceration. Epstein's defense team included high-profile lawyers such as [[Alan Dershowitz|Alan Dershowitz]], [[Kenneth Starr|Kenneth Starr]], and [[Roy Black|Roy Black]], who pressed the office for concessions.[^1][^6][^7][^8][^9][^10]
@ -90,7 +90,7 @@ The Office of Professional Responsibility recorded two recusal questions. In May
### Crime Victims' Rights Act Ruling
In the case styled Doe v. United States, No. 08-80736, brought by victims including [[Courtney Wild|Courtney Wild]] and [[Jane Doe 2|Jane Doe 2]] to enforce their rights, United States District Judge [[Kenneth Marra|Kenneth Marra]] ruled on February 21, 2019, that the government had violated the Crime Victims' Rights Act by failing to confer with the victims before entering the non-prosecution agreement. The opinion recorded that "[w]hile the Government spent untold hours negotiating the terms and implications of the NPA with Epstein's attorneys, scant information was shared with victims," and that "[t]he Court is not ruling that the decision not to prosecute was improper." After the ruling the Justice Department recused Acosta's former office from the litigation and assigned the U.S. Attorney's Office for the Northern District of Georgia to defend it. Marra wrote that "particularly problematic was the government's decision to conceal the existence of the" agreement and to "mislead the victims to believe that federal prosecution was still a possibility," finding that prosecutors had counseled the victims to have "patience" after the deal had been signed.[^7][^14]
In the case styled [[Doe v. United States]], No. 08-80736, brought by victims including [[Courtney Wild|Courtney Wild]] and [[Jane Doe 2|Jane Doe 2]] to enforce their rights, United States District Judge [[Kenneth Marra|Kenneth Marra]] ruled on February 21, 2019, that the government had violated the Crime Victims' Rights Act by failing to confer with the victims before entering the non-prosecution agreement. The opinion recorded that "[w]hile the Government spent untold hours negotiating the terms and implications of the NPA with Epstein's attorneys, scant information was shared with victims," and that "[t]he Court is not ruling that the decision not to prosecute was improper." After the ruling the Justice Department recused Acosta's former office from the litigation and assigned the U.S. Attorney's Office for the Northern District of Georgia to defend it. Marra wrote that "particularly problematic was the government's decision to conceal the existence of the" agreement and to "mislead the victims to believe that federal prosecution was still a possibility," finding that prosecutors had counseled the victims to have "patience" after the deal had been signed.[^7][^14]
In a later ruling on September 16, 2019, Marra declined to invalidate the non-prosecution agreement itself, noting that Epstein had died and that rescission would not restore the victims' position, and he held that the victims were not entitled to monetary damages from the government under the statute. He refused the victims' request to order Acosta to meet with them, writing: "The Court has no jurisdiction over Alexander Acosta, the former U.S. Attorney, who is now a private citizen." The decisions established the CVRA violation as a finding of fact while leaving the underlying agreement in place.[^19][^20]