F1 fraudster named Arnold Pr had been commuted by Bill left office. Sheriff Bradshaw wants conjugal. But even US attorney Aco agreement with the governm ment was highly irregular. "Epstein appears to have while in jail," Acosta would eral public. "Although the tei are a matter appropriately lef eral authorities, without dou while in state custody undern And, of course, Epstein's: by taxpayers. CHAPTER 54 Jeffrey Epstein: June 30, 2008-July 21, 2009 ccording to Sheriff Ric Bradshaw, the treatment Jeffrey Epstein received in the Stockade was not preferential. By some measures, he isn't wrong. In 2010, millionaire polo mogul John Goodman killed a young man while driving drunk. He was convicted but was allowed to spend two years under house arrest while his appeal was being tried. Like Epstein, Goodman was allowed visitors. But Goodman's visitor list was nothing like Jeffrey Epstein's. Nadia Marcinkova is said to have visited Epstein in jail more than seventy times. Epstein's assistant Sarah Kellen also visited Epstein in the Stockade. A Russian mixed martial artist named Igor "Houdini" Zinoviev was another visitor, as was a disbarred lawyer and financial 204 HOUSE_OVERSIGHT_009032 FILTHY RICH fraudster named Arnold Prosperi, whose own prison sentence had been commuted by Bill Clinton on the day before Clinton left office. Sheriff Bradshaw wants to be clear: none of these visits was conjugal. But even US attorney Acosta, who negotiated Epstein's unusual agreement with the government, would say that Epstein's arrangement was highly irregular. "Epstein appears to have received highly unusual treatment while in jail," Acosta would say in a letter addressed to the general public. "Although the terms of confinement in a state prison are a matter appropriately left to the state of Florida and not federal authorities, without doubt, the treatment that he received while in state custody undermined the purpose of a jail sentence." And, of course, Epstein's stay at the Stockade was subsidized by taxpayers. CHAPTER 54 2008-July 21, 2009 c Bradshaw, the treatment Jeffrey 2 Stockade was not preferential. By 't wrong. o mogul John Goodman killed a Irunk. He was convicted but was under house arrest while his appeal was allowed visitors. But Goodman's effrey Epstein's. i to have visited Epstein in jail more 1 Kellen also visited Epstein in the il artist named Igor "Houdini" Zinowas a disbarred lawyer and financial 204 205 HOUSE_OVERSIGHT_009033 F1 CHAPTER 55 school females to provic massages. Police sought resulted in a term of im reports, however, in 200 to concerns regarding the to charge Epstein only assault with no intent to would have resulted in 1 register as a sexual offer underage victims. Local police were dis ney's conclusions, and re Federal authorities recei engaged in additional inve the quality of the evidenc at trial. With a federal c considerations. First, a requires that the crime be an interstate nexus. Seco charged by the state, the fe extent, to back-stop state a is no miscarriage of justice erally that which has alre level. R. Alexander Acosta's letter to the general public, March 20, 2011 To whom it may concern: I served as U. S. Attorney for the Southern District of Florida from 2005 through 2009. Over the past weeks, I have read much regarding Mr. Jeffrey Epstein. Some appears true, some appears distorted. I thought it appropriate to provide some background, with two caveats: (i) under Justice Department guidelines, I cannot discuss privileged internal communications among department attorneys and (ii) I no longer have access to the original documents, and as the matter is now nearly 4 years old, the precision of memory is reduced. The Epstein matter was originally presented to the Palm Beach County State Attorney. Palm Beach Police alleged that Epstein unlawfully hired underage high- 206 After considering the q additional considerations, the state charge was insufi the prosecutors and age Mr. Epstein's attorney, Roy best known for his suc HOUSE_OVERSIGHT_009034 FILTHY RICH school females to provide him sexually lewd and erotic massages. Police sought felony charges that would have resulted in a term of imprisonment. According to press reports, however, in 2006 the State Attorney, in part due to concerns regarding the quality of the evidence, agreed to charge Epstein only with one count of aggravated assault with no intent to commit a felony. That charge would have resulted in no jail time, no requirement to register as a sexual offender and no restitution for the underage victims. Local police were dissatisfied with the State Attorney's conclusions, and requested a federal investigation. Federal authorities received the State's evidence and engaged in additional investigation. Prosecutors weighed the quality of the evidence and the likelihood for success at trial. With a federal case, there were two additional considerations. First, a federal criminal prosecution requires that the crime be more than local; it must have an interstate nexus. Second, as the matter was initially charged by the state, the federal responsibility is, to some extent, to back-stop state authorities to ensure that there is no miscarriage of justice, and not to also prosecute federally that which has already been charged at the state level. After considering the quality of the evidence and the additional considerations, prosecutors concluded that the state charge was insufficient. In early summer 2007, the prosecutors and agents in this case met with Mr. Epstein's attorney, Roy Black. Mr. Black is perhaps best known for his successful defense of William CHAPTER 55 er to the general public, r the Southern District of Florida Over the past weeks, I have read ey Epstein. Some appears true, thought it appropriate to provide o caveats: (i) under Justice Departdiscuss privileged internal comment attorneys and (ii) I no longer l documents, and as the matter is : precision of memory is reduced. was originally presented to the te Attorney. Palm Beach Police ilawfully hired underage high- 206 207 HOUSE_OVERSIGHT_009035 JAMES PATTERSON F11 Kennedy Smith. The prosecutors presented Epstein a choice: plead to more serious state felony charges (that would result in 2 years' imprisonment, registration as a sexual offender, and restitution for the victims) or else prepare for a federal felony trial. What followed was a year-long assault on the prosecution and the prosecutors. I use the word assault intentionally, as the defense in this case was more aggressive than any which I, or the prosecutors in my office, had previously encountered. Mr. Epstein hired an army of legal superstars: Harvard Professor Alan Dershowitz, former Judge and then Pepperdine Law Dean Kenneth Starr, former Deputy Assistant to the President and then Kirkland & Ellis Partner Jay Lefkowitz, and several others, including prosecutors who had formerly worked in the U.S. Attorney's Office and in the Child Exploitation and Obscenity Section of the Justice Department. Defense attorneys next requested a meeting with me to challenge the prosecution and the terms previously presented by the prosecutors in their meeting with Mr. Black. The prosecution team and I met with defense counsel in Fall 2007, and I reaffirmed the office's position: two years, registration and restitution, or trial. Over the next several months, the defense team presented argument after argument claiming that felony criminal proceedings against Epstein were unsupported by the evidence and lacked a basis in law, and that the office's insistence on jail-time was motivated by a zeal to overcharge a man merely because he is wealthy. They bolstered their arguments with legal opinions from 208 well-known legal expert team warned me that the good man to serve time book if we continued to office systematically conment, and when we di appealed to Washington. The defense strategy Defense counsel investiga their families, looking for provide a basis for disqual ecutor is an effective (theliminating the individua and thus most qualified to lihood for success. Defens least two prosecutors. I rejected, these arguments. Despite the army of att the terms first presented meeting. On June 30, 2008 appeal to Washington D.C guilty in state court. He wa onment, register as a sexua restitution to the victims. Some may feel that the 1 tougher. Evidence that has encourage that view. Many out, filing detailed statemen ages. Physical evidence has these additional statements 2 HOUSE_OVERSIGHT_009036 ATTERSON FILTHY RICH ecutors presented Epstein a us state felony charges (that prisonment, registration as a ation for the victims) or else trial. ear-long assault on the prose- . I use the word assault intenthis case was more aggressive prosecutors in my office, had Mr. Epstein hired an army of roфеssor Alan Dershowitz, fordine Law Dean Kenneth Starr, > the President and then Kirk- Lefkowitz, and several others, o had formerly worked in the in the Child Exploitation and Justice Department. Defense meeting with me to challenge terms previously presented by meeting with Mr. Black. The et with defense counsel in Fall he office's position: two years, n, or trial. months, the defense team preargument claiming that felony tinst Epstein were unsupported ced a basis in law, and that the time was motivated by a zeal to ly because he is wealthy. They nts with legal opinions from 208 well-known legal experts. One member of the defense team warned me that the office's excess zeal in forcing a good man to serve time in jail might be the subject of a book if we continued to proceed with the matter. My office systematically considered and rejected each argument, and when we did, my office's decisions were appealed to Washington. As to the warning, I ignored it. The defense strategy was not limited to legal issues. Defense counsel investigated individual prosecutors and their families, looking for personal peccadilloes that may provide a basis for disqualification. Disqualifying a prosecutor is an effective (though rarely used) strategy, as eliminating the individuals most familiar with the facts and thus most qualified to take a case to trial harms likelihood for success. Defense counsel tried to disqualify at least two prosecutors. I carefully reviewed, and then rejected, these arguments. Despite the army of attorneys, the office held firm to the terms first presented to Mr. Black in the original meeting. On June 30, 2008, after yet another last minute appeal to Washington D.C. was rejected, Epstein pled guilty in state court. He was to serve 18 months imprisonment, register as a sexual offender for life, and provide restitution to the victims. Some may feel that the prosecution should have been tougher. Evidence that has come to light since 2007 may encourage that view. Many victims have since spoken out, filing detailed statements in civil cases seeking damages. Physical evidence has since been discovered. Had these additional statements and evidence been known, 209 HOUSE_OVERSIGHT_009037 JAMES PATTERSON F: the outcome may have been different. But they were not known to us at the time. A prosecution decision must be based on admissible facts known at the time. In cases of this type, those are unusually difficult because victims are frightened and often decline to testify or if they do speak, they give contradictory statements. Our judgment in this case, based on the evidence known at the time, was that it was better to have a billionaire serve time in jail, register as a sex offender, and pay his victims restitution than risk a trial with a reduced likelihood of success. I supported that judgment then, and based on the state law as it then stood and the evidence known at the time, I would support that judgment again. Epstein's treatment, while in state custody, likewise may encourage the view that the office should have been tougher. Although the terms of confinement in a state prison are a matter appropriately left to the State of Florida, and not federal authorities, without doubt, the treatment that he received while in state custody undermined the purpose of a jail sentence. Some may also believe that the prosecution should have been tougher in retaliation for the defense's tactics. The defense, arguably, often failed to negotiate in good faith. They would obtain concessions as part of a negotiation and agree to proceed, only to change their minds, and appeal the office's position to Washington. The investigations into the family lives of individual prosecutors were, in my opinion, uncalled for, as were the accusations of bias and/or misconduct against individual prosecutors. 210 At times, some prosecut trial, and at times I felt t right in the first meetin spective of defense tacti tional right to a defense right should not be puni sel's exercise of their riq Washington D.C. Prosecu frustration and anger wi their judgment. After the plea, I reca One was from the FBI Sp to offer congratulations. meetings regarding this c of the defense, and he cal holding firm against the l itz, Lefkowitz and Starr. received calls or commun itz, Lefkowitz and Starr. I als previously, from my Kirkland & Ellis in the m peace. I agreed to talk an Epstein pled guilty, as I th tors battle defense attorne have tried, yet I confess th fully in this case. The bottom line is this: served time in jail and is n He has been required to pay restitution clearly cannot c HOUSE_OVERSIGHT_009038 ATTERSON a different. But they were not must be based on admissible 1 cases of this type, those are e victims are frightened and they do speak, they give conjudgment in this case, based the time, was that it was better time in jail, register as a sex ms restitution than risk a trial l of success. I supported that on the state law as it then stood the time, I would support that hile in state custody, likewise hat the office should have been rms of confinement in a state priately left to the State of Florrities, without doubt, the treatle in state custody undermined nce. ve that the prosecution should liation for the defense's tactics. ften failed to negotiate in good concessions as part of a negotia- d, only to change their minds, sition to Washington. The inveslives of individual prosecutors alled for, as were the accusations t against individual prosecutors. 210 FILTHY RICH At times, some prosecutors felt that we should just go to trial, and at times I felt that frustration myself. What was right in the first meeting, however, remained right irrespective of defense tactics. Individuals have a constitutional right to a defense. The aggressive exercise of that right should not be punished, nor should a defense counsel's exercise of their right to appeal a U.S Attorney to Washington D.C. Prosecutors must be careful not to allow frustration and anger with defense counsel to influence their judgment. After the plea, I recall receiving several phone calls. One was from the FBI Special Agent-In-Charge. He called to offer congratulations. He had been at many of the meetings regarding this case. He was aware of the tactics of the defense, and he called to praise our prosecutors for holding firm against the likes of Messrs. Black, Dershowitz, Lefkowitz and Starr. It was a proud moment. I also received calls or communications from Messrs. Dershowitz, Lefkowitz and Starr. I had known all three individuals previously, from my time in law school and at Kirkland & Ellis in the mid 90s. They all sought to make peace. I agreed to talk and meet with each of them after Epstein pled guilty, as I think it important that prosecutors battle defense attorneys in a case and then move on. I have tried, yet I confess that this has been difficult to do fully in this case. The bottom line is this: Mr. Jeffrey Epstein, a billionaire, served time in jail and is now a registered sexual offender. He has been required to pay his victims restitution, though restitution clearly cannot compensate for the crime. And 211 HOUSE_OVERSIGHT_009039 JAMES PATTERSON we know much more today about his crimes because victims have come forward to speak out. Some may disagree with prosecutorial judgments made in this case, but those individuals are not the ones who at the time reviewed the evidence available for trial and assessed the likelihood of success. Respectfully, R. Alexander Acosta Former U.S. Attorney Southern District of Florida 212 HOUSE_OVERSIGHT_009040