News clippings: appeals court lets victims see Epstein plea deal correspondence

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Posted: 12:00 a.m. Monday, April 21, 2014¶

Appeals court rules against sex offender¶

Attorneys for underage victims seek to overturn ‘sweetheart plea.‘¶

Related¶

By Michele Dargan¶

Daily News Staff Writer¶

Underage victims of billionaire sex offender Jeffrey Epstein are entitled to correspondence between federal prosecutors and Epstein’s attorneys related to his sweetheart plea deal, a federal appeals court ruled Friday.¶

This is one more step in the fight by victims’ attorneys Brad Edwards and Paul Cassell to overturn the secret deal, which saved Epstein from facing serious federal charges and serving significant prison time.¶

If Epstein had been found guilty on federal charges, statutory penalties ranged from 10 years to life in prison.¶

Instead, the sealed pact was part and parcel of Epstein’s acceptance of a state plea deal. Epstein pleaded guilty to soliciting a minor for prostitution and soliciting prostitution. He received an 18-month sentence. In a vacant wing of the Palm Beach County Stockade, and was let out on work release six days a week for up to 16 hours a day.¶

Edwards and Cassell represent Jane Doe No. 1 and Jane Doe No. 2, who say the U.S. Attorney’s Office violated the Crime Victims’ Rights Act by signing the federal non-prosecution agreement in 2007 without notifying the victims. Their case is pending in U.S. District Court in West Palm Beach.¶

The 24-page published opinion says U.S. District Judge Kenneth Marra did not err in his June 2013 ruling, when he ordered the correspondence turned over to the victims.¶

“Sweetheart plea”¶

“We’re now going to get a complete picture of the negotiations that led to this sweetheart plea arrangement,” said Cassell, a former federal judge. “We think it will show the part of the discussion to keep the victims in the dark about what was happening. If that’s what the correspondence shows, we’ll use that as part of our argument for throwing out the plea.”¶

Cassell said he anticipates that 500 pages of correspondence should be released early this week.¶

The opinion by the three-judge panel ruled against Epstein’s arguments that the correspondence was protected by an attorney’s work-product privilege. The court says privilege was waived when attorneys voluntarily sent the correspondence to federal prosecutors during negotiations.¶

“Disclosure of work-product materials to an adversary waives the work-product privilege,” the ruling says.¶

http://www.palmbeachdailynews.com/news/news/local/appels-court-rules-against-sex-offe… 5/2/2014¶

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The ruling also dismissed Epstein’s claims that a federal rule of evidence protects his plea correspondence. That rule applies only to defendants who withdraw a guilty plea. Because he pleaded guilty, that doesn’t apply, the ruling says.¶

“While respectful of the panel’s decision, given issues of overriding importance to the criminal justice system regarding the need for continued confidentiality for communications between defense lawyers and prosecutors, we will be petitioning the court of appeals for further review,” said Boston based attorney Martin Weinberg, who represents Epstein.¶

The U.S. Attorney’s Office failed to notify victims prior to striking a non-prosecution agreement with Epstein on Sept. 24, 2007, and didn’t tell them of the agreement’s existence for at least nine months, the ruling says.¶

On June 27, 2008, the U.S. Attorney’s Office told the victims that Epstein planned to plead guilty to state charges three days later. But federal prosecutors failed to disclose that his pleas to the state charges arose from his federal non-prosecution agreement and would bar federal charges.¶

Jane Does No. 1 and No. 2, who were, respectively, 12 and 13 at the time they were victimized,received confidential monetary settlements in civil cases.¶

They are among more than two dozen underage girls who filed lawsuits or settled claims against Epstein. All alleged they were lured to his Palm Beach mansion to give him sexually charged massages and/or sex in exchange for money.¶

“A well-connected billionaire got away with molesting many girls,” Edwards said. “These girls should at least know how and why he was able to get away with these crimes. This ruling will allow us access to the documents that will provide insight into how that happened. I suspect that the answers revealed by these documents will ultimately allow us to invalidate that agreement and permit prosecution of Mr. Epslein.”¶

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Comments¶

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2 Comment(s)¶

Comment(s) 1-2 of 2¶

• Posted by THEPALMBEACHER1 at 3:02 p.m. Apr. 21, 2014¶

• Report Abuse¶

Its inconceivable to see articles like this!! USUALLY, one gets charged with statutory rape, child molestation, etc., and its Guaranteed that they will do prison time.. Now, If your a “BILLIONAIRE”, you can BUY yourself freedom, and throw money to the victims and say adios!!! Its OBVIOUS, payments, kickbacks, DONATIONS, financial promises are all part of this deal. Where is the JUSTICE SYSTEM? Where is the State Attorney, The JUDGES? People go to jail for petty thefts, illegal drugs, assault, battery, domestic violence, but this case is PROOF that the LEGAL system can be BOUGHT for the right price!!! Its OBVIOUS this individual has a severe mental problem, a sexual predator, who would ship young girls like human trafficking back and forth via his private jets.. Its no different than “THE BACKPAGE” girls being exploited by their pimps¶

http://www.palmbeachdailynews.com/news/news/local/appalais-court-rules-against-sex-offe… 5/2/2014¶

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being housed in cheap motels along federal hwy for GUY LIKE THIS to get their sexual perversions satisfied!! Read the entire case and see that young girls flowed thru Palm Beach South Ocean Blvd and South County Rd ,to his El Brillo “MANSION OF PERVERSION” with this guy as its Master!! For people to think “Palm Beach” has the “Elite”, the “Upper Crust” of society, it also is home to some of the worst thieves, sexual predators, financial criminals the world has ever known!! Mr. Epstein has Billions of Dollars, and can afford the Best Criminal Attorneys, yet Can’t or WON’T get Professional Mental Help with his sexual desires and fascination with young girls. And the Court systems goes along with him!!! Unbelievable..¶

• Posted by Adios at 3:12 p.m. Apr 22, 2014

• Report Abuse

I agree with the post by the palm bleacher. This guy is a perv and needs to sit out of society. When listening to his depositions, he pretended to be insulted by the questions being asked of him and his lawyer shut it down quickly. What remains to be seen is if the soon to be released files will bear the fruit we all hope it does. My worry is that the tracks will be covered and he will not get his due.¶

His opinion of himself allows him to think he did nothing wrong and these BABIES he molested were not of his place in society and were simply objects to be thrown away. What would he think if someone did that to his BABIES if he has any? I can bet that the full force of his money would work against whomever played with his kids…bloody gross!¶

2 Comment(s)¶

Comment(s) 1-2 of 2¶

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sun-sentinel.com/news/palm-beach/fl-jeffrey-epstein-federal-court-of-appeals-20140421,0,6594687.story¶

Sun Sentinel¶

Victims win right to see negotiations that led to ‘lenient’ plea agreement for billionaire sex offender¶

Latest in legal saga involving Jeffrey Epstein, 61, financier convicted of procuring minor for prostitution¶

By Brett Clarkson, Sun Sentinel¶

7:43 PM EDT, April 21, 2014¶

Did a Palm Beach billionaire being investigated for having sex with young girls use his wealth to negotiate a lenient and secret agreement that saw him avoid federal prosecution?¶

Attorneys for two victims, known only as Jane Doe 1 and 2, may soon get an answer thanks to an appeals court ruling against financier and sex offender Jeffrey Epstein, 61.¶

The ruling, issued Friday, orders federal authorities to disclose the correspondence that took place between Epstein’s attorneys and federal prosecutors when they were negotiating a 2007 agreement, which allowed him to escape federal prosecution if he pleaded guilty to state charges that carried a lesser penalty.¶

“We’re trying to figure out if Epstein used his political connections and great wealth to secure this kind of arrangement, that was unheard of, frankly, if you look at these charges,” said Paul Cassell, an attorney for the women.¶

Epstein is a native New Yorker who according to media reports built a huge fortune as a money manager and owns several properties including a primary residence in Manhattan, a Palm Beach mansion and his own island in the Caribbean. At one point he counted among his friends former President Bill Clinton, Donald Trump and other high-powered figures.¶

The appeal court decision described the background of Epstein’s case, stating that in 2006, the Federal Bureau of Investigation “began investigating allegations that Jeffrey Epstein had sexually abused several minor girls.”¶

In September 2007, federal prosecutors struck the non-prosecution deal with Epstein, but didn’t tell the victims, court filings say.¶

“Not only did the United States neglect to confer with the victims before it entered into the agreement with Epstein, it also failed to notify them of its existence for at least nine months,” Circuit Judge William H. Pryor wrote in the appeals court decision.¶

http://www.sun-sentinel.com/news/palm-beach/fl-jeffrey-epstein-federal-court-of-appeals-2… 5/2/2014¶

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In June 2008, Epstein pleaded guilty to a state charge of procuring a person under the age of 18 for prostitution and was sentenced to 18 months in prison. He spent 13 months behind bars, and is registered as a sex offender in Florida.¶

The situation also resulted in civil suits being filed against Epstein, who according to media reports settled claims from about two dozen young women who alleged he paid them for sexual massages at his Palm Beach mansion, some as young as 14, according to media reports.¶

To the attorneys who represent the Jane Does 1 and 2, the sentence was much lighter than the years, or possibly decades, that Epstein could’ve spent behind bars had he been prosecuted in the federal system.¶

They’re hoping that the correspondence, ordered released by the Eleventh Circuit Court of Appeals, will shed light on what they say is an unusually lenient deal.¶

“I can say that I’ve been teaching criminal law for more than two decades and I have never seen a plea agreement as lenient as this one, for hands-on sex offenders,” said Cassell, who is based in Salt Lake City.¶

But one of Epstein’s attorney’s, Martin Weinberg, based in Boston, disputed those characterizations. Weinberg said Monday that the plea agreement was “reached in good faith” and that “it’s not a fair conclusion” to describe the agreement as either improper or tainted by Epstein’s wealth.¶

“It’s Mr. Cassell’s hope that this correspondence may support that theory, but the reality is that the U.S. Attorney’s Office made a responsible judgment in how to implement the law,” Weinberg said.¶

Weinberg said he was concerned about the potential impact the ruling would have on the ability of criminal defense attorneys and prosecutors to communicate confidentially.¶

He also said he and Epstein co-counsel, Miami criminal defense attorney Roy Black, will ask the Atlanta-based appeals court to review the decision.¶

As for the Jane Does, who are now over 18, it’s just the latest development in a long legal saga, another one of their attorneys said.¶

“They’re pretty numb at this point to favorable news because they’ve heard this before and nothing’s happened,” said Fort Lauderdale attorney Brad Edwards.¶

Edwards and Cassel said their goal is to have Epstein’s plea agreement deemed to be in violation of federal victims’ rights legislation and invalidated. Edwards said Epstein should face a new prosecution.¶

Edwards also said he was first told by the U.S. Attorney’s Office that he would receive the correspondence documents on Monday, but was then told that they weren’t ready yet. Cassell said the documents number 500 pages.¶

In an email, Annette Castillo, spokeswoman for the U.S. Attorney’s Office, Southern District of Florida, said the office couldn’t comment.¶

bsclarkson@tribune.com, 561-243-6609 or Twitter @BrettClarkson¶

http://www.sun-sentinel.com/news/palm-beach/fl-jeffrey-epstein-federal-court-of-appeals-2… 5/2/2014¶

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