Case 1:19-cr-00490-RMB Document 47 Filed 08/19/19 Page 1 of 1¶
U.S. Department of Justice¶
United States Attorney¶
Southern District of New York¶
The Silvio J. Mollo Building¶
One Saint Andrew’s Plaza¶
New York, New York 10007¶
August 19, 2019¶
VIA ECF¶
The Honorable Richard M. Berman¶
United States District Judge¶
Southern District of New York¶
United States Courthouse¶
500 Pearl Street¶
New York, New York 10007¶
Re: United States v. Jeffrey Epstein, 19 Cr. 490 (RMB)¶
Dear Judge Berman:¶
As the Court is aware, on the morning of August 10, 2019, Jeffrey Epstein died while in custody at the Metropolitan Correctional Center. On August 16, 2019, and after conducting an autopsy, the Office of the Chief Medical Examiner of the City of New York issued a statement identifying the cause of death as hanging, and the manner of death as suicide. In light of the death of the defendant prior to a conviction becoming final, the Government must request the Court approve the attached proposed order of nolle prosequi.¶
Consistent with our practice throughout this case and our obligations under the Crime Victims’ Rights Act, the Government has made efforts to contact all identified victims since learning of the death of the defendant and will similarly notify all known victims of the attached order, once entered. As this Office has previously stated publicly, it remains committed to doing its utmost to stand up for the victims who have already come forward, as well as for the many others who have yet to do so.¶
Respectfully submitted,¶
GEOFFREY S. BERMAN¶
United States Attorney¶
Cc: All counsel of record (Via ECF)¶
Alison Moe / Alex Rossmiller / Maurene Comey¶
Assistant United States Attorneys¶
Southern District of New York¶
Tel: (212) 637-2225 / 2415 / 2324¶
EFTA00104849¶
Case 1:19-cr-00490-RMB Document 47-1 Filed 08/19/19 Page 1 of 2¶
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶
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The filing of this nolle prosequi will dispose of this case with respect to JEFFREY EPSTEIN, the defendant.
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On July 2, 2019, Indictment 19 Cr. 490 (the “Indictment”) was returned, charging JEFFREY EPSTEIN, the defendant, with one count of conspiracy to commit sex trafficking of minors, in violation of 18 U.S.C. § 371, and one count of sex trafficking of minors, in violation of 18 U.S.C. § 1591.
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On or about August 10, 2019, while the above-captioned case was pending, but prior to any trial or other disposition, JEFFREY EPSTEIN, the defendant, died.
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Because JEFFREY EPSTEIN, the defendant, died while this case was pending, and therefore before a final judgment was issued, the Indictment must be dismissed under the rule of abatement. See United States v. Wright, 160 F.3d 905, 908 (2d Cir. 1998).
EFTA00104850¶
Case 1:19-cr-00490-RMB Document 47-1 Filed 08/19/19 Page 2 of 2¶
- Accordingly, I recommend that an order of nolle prosequi be filed as to defendant JEFFREY EPSTEIN.
Dated: New York, New York August 19, 2019¶
Upon the foregoing recommendation, I hereby direct, with leave of the Court, that an order of nolle prosequi be filed as to defendant JEFFREY EPSTEIN.¶
Dated: New York, New York August 19, 2019¶
GEOFFREY S. BERMAN¶
United States Attorney¶
Southern District of New York¶
SO ORDERED:¶
Dated: New York, New York August ___, 2019¶
Hon. Richard M. Berman¶
United States District Judge¶
Southern District of New York¶
2¶
EFTA00104851¶