Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Part 1-5) (4/4/26)

Summary

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The Epstein Chronicles — Mega Edition: The OIG Report Detailing The Investigation Into Epstein's NPA (Parts 1–5)

Host: Bobby Capucci
Date: April 5, 2026
Episode Summary:
In this comprehensive "mega edition," Bobby Capucci methodically breaks down the Department of Justice Office of Inspector General (OIG) and Office of Professional Responsibility (OPR) reports investigating how Jeffrey Epstein's 2007–2008 crimes in South Florida were resolved by a controversial federal Non-Prosecution Agreement (NPA). Capucci walks through the complex history, the timeline of investigations, the failures in victim notification, and the key actors and agencies involved. The summary below is structured chronologically and focuses on each major theme and episode section, with key timestamps, direct quotes, and the host’s tone of incisive scrutiny and detail.

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Episode Overview (00:51–~70:20)

Main Theme:
A granular exploration of the OIG/OPR’s findings on how DOJ attorneys and other key actors handled, negotiated, and ultimately buried the federal investigation into Epstein’s sexual abuse and trafficking of minors—spotlighting the failures in victim notification, professional responsibility, and systemic rot that enabled Epstein's continued impunity.

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1. Background: How Did Epstein Escape Federal Charges?

[00:51–12:30]

• Palm Beach Police Department (PBPD) Investigation (2005):
  After parents of a 14-year-old girl complain, PBPD uncovers a pattern of Epstein using personal assistants to recruit underage girls for “massages” that often resulted in sexual activity.

• State Prosecution Stalls:
  The local grand jury indicts Epstein on a single state charge—far below the scale of his crimes. PBPD escalates to the FBI.

• Federal Investigation & Draft 60-Count Indictment:
  The Assistant US Attorney (AUSA) in the Southern District of Florida, with FBI agents, prepares an expansive federal case and indictment against Epstein for sex crimes involving numerous minors.

• Negotiation of the Non-Prosecution Agreement (NPA):

  • Federal prosecutors, under US Attorney Alex Acosta, offer to forgo federal prosecution if Epstein pleads guilty to state-level charges and provides compensation avenues for victims.
  • Key, disturbing provision:
    The NPA also immunizes named and unnamed co-conspirators from federal prosecution ("the cast of scoundrels in this play spans continents and political affiliations" – Capucci, paraphrased [00:51]).

• Victims Shut Out:
  Victims are not consulted or even notified before the NPA is signed.
  "The victims were not informed of or consulted about a potential state resolution or the NPA prior to its signing." ([~09:00])

• Epstein games the system:
  He delays agreeing to the NPA, leveraging his elite legal team and political connections to push for even more lenient terms—ultimately serves less than 13 months of ‘incarceration’ with liberal work release.

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2. The Fallout: Media, Lawsuits, and Renewed Investigation

[13:54–20:56]

• Crime Victims’ Rights Act (CVRA) Litigation:
  In July 2008, "Jane Doe" files an emergency petition that the government violated their rights by secretly finalizing the NPA without informing or consulting victims.

• Miami Herald Exposé (Nov. 2018):
  The Herald reveals Acosta’s “deal of a lifetime” for Epstein, re-igniting public outrage.

• Court Rulings:

  • In Feb 2019, "the District Court granted the CVRA case petitioner's motion for partial summary judgment, ruling that the government violated the CVRA in failing to advise the victims about its intention to enter into the NPA." ([13:54])
  • The court finds the government "misled the victims to believe that federal prosecution was still a possibility" with standard-form letters sent after the NPA signing.

• Aftermath:

  • Acosta, facing media and congressional scrutiny, holds a press conference in July 2019 ([~15:00]); resigns shortly thereafter.
  • Epstein’s 2019 New York indictment and arrest—thousands of nude or half-nude photos found in his home.
  • Epstein’s death in custody (Aug. 2019), ending possibility of additional federal criminal accountability.

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3. The OPR/OIG Investigation: Scope, Process, and Obstacles

[20:56–30:49]

• Initiation:
  Triggered by Senator Ben Sasse and the Miami Herald's reporting, the OPR opens a formal probe into possible DOJ attorney misconduct.

• Extensive Review:

  • Reviewed "hundreds of thousands of records… emails, letters, memoranda, and investigative materials." ([20:56])
  • Over 60 witness interviews: DOJ/FBI attorneys and staff, state prosecutors, victims, and their lawyers.

• Focus:

  • Did federal prosecutors violate any clear legal or ethical standards in the creation or content of the NPA?
  • Did they unlawfully fail to consult victims as required under CVRA?
  • Were the attorneys influenced by improper motives like favoritism or political pressure?

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4. OPR’s Analytical Framework and Findings

[30:49–end of segment]

• Professional Misconduct Standard:
  The OPR investigates only whether attorneys violated “clear and unambiguous” rules, not general poor judgment or bad outcomes.

  “OPR may conclude that a subject attorney exercised poor judgment, made a mistake, or otherwise acted inappropriately under the circumstances.” ([27:00])

• Negotiation of the NPA:

  • No evidence found that DOJ attorneys took bribes, acted out of favoritism, or were otherwise unlawfully compromised.
  • Acosta "did not sign the NPA, he participated in its drafting and approved it with knowledge of its terms." Acted as lead decision-maker.

• Victim Rights Violations:

  • At the time, the DOJ did not interpret the CVRA as requiring notification before criminal charges were filed; federal courts had not clarified this standard.
  • OPR does not find professional misconduct but concedes that “the lack of consultation was part of a series of government interactions... that ultimately led to the public and the court condemnation of the government’s treatment of the victims,” and “reflected poorly on the Department as a whole.”

• Acosta’s Poor Judgment:

  • Acosta “exercised poor judgment” by failing to ensure the state court notified victims about the plea hearing.
  • OPR admits that this "left victims uninformed… and created the misimpression that the Department intentionally sought to silence the victims." ([30:49])

• Failures of Transparency:
  Ultimately, the process left victims “feeling confused and ill treated by the government… and resulted in extensive public criticism.” ([30:49])

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5. Context: Key Entities and People

[43:20–56:51]

• Federal Agencies:

  • DOJ, U.S. Attorney’s Office (SDFL), FBI, DOJ Criminal Division, Child Exploitation and Obscenity Section (CEOS).

• State/Local Agencies:

  • Palm Beach County State Attorney, PBPD, and PBSO.

• Principal DOJ Actors:

  • Alex Acosta (US Attorney – made final decisions and approved the NPA)
  • Jeffrey Sloman (supervised post-NPA litigation)
  • Matthew Menschel, Andrew Laurie (supervisors involved in negotiations)
  • Ann Marie Vilafana (primary case prosecutor, drafted the NPA, managed victim contacts)

• Epstein’s Legal Powerhouse:

  • Defense team included “Roy Black… Alan Dershowitz… Jack Goldberger… Gerald Lefcourt… Kenneth Starr… N.J. Lefkowitz… Martin Weinberg…”
    — assembled for their legal firepower and political connections ([57:00]).

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6. The Unvarnished Pattern of Epstein’s Abuse (PBPD Files)

[~57:00–end]

• Police Uncover Systematic Exploitation:

  • Girls as young as 14 recruited by assistants for “massages” in Epstein's Palm Beach mansion.
  • Victims recount everything from nude massages and masturbation to digital penetration and rape.
  • Girls told to recruit other girls; some recruited for money ($200 per "massage").
  • Notebooks with victims' names, hundreds of calls, nude photographs, and sex toys found in home.
  • Victims told to lie about their age or instructed to say they were over 18.

  “According to the information provided to and evidence gathered by PBPD, Epstein's assistants scheduled up to three massage appointments a day, often contacting girls while Epstein was en route to Palm Beach...” ([~58:00])

• Epstein’s Early Legal Tactics:
  From day one, he retained elite defense counsel, hired private detectives, and routinely tried to outmaneuver law enforcement.

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Notable Quotes & Moments

• On the NPA’s coverup of scope:
  “In exchange, the USAO agreed to end its investigation... [and to] forego federal prosecution in the Southern District of Florida of the forenamed co conspirators and any potential co conspirators." ([~09:15])

• On the government’s victims’ rights failures:
  “The failure to reevaluate strategy prior to interviews and discussions with victims... led to interactions that contributed to victims feelings that the government was intentionally concealing information from them.” ([~31:15])

• On systemic rot:
  “The overall result of the subject's handling of the case understandably left many victims feeling ignored and frustrated and resulted in extensive public criticism.” ([~31:30])

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Key Timestamps for Major Segments

• 00:51 — Host’s intro and brief summary of OIG/OPR report scope
• 09:00 — Victims not consulted or notified before NPA signed
• 13:54 — Court rules government violated CVRA; government’s misleading of victims
• 15:00 — Acosta’s defense of “difficult case,” but public backlash leads to resignation
• 20:56 — Launch of OPR investigation; review of its process and evidence
• 27:00 — OPR’s analytical approach: distinction between misconduct and poor judgment
• 30:49 — OPR findings: failure of transparency, Acosta’s poor judgment
• 43:20–56:51 — Cast of federal/state actors and Epstein’s legal team identified
• 57:00–end — Details of PBPD’s original findings: Epstein’s pattern of abuse

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Summary Takeaways

• NPA Lifecycle: The lenient, secretive deal given to Epstein was the product of intense defense lobbying, lack of federal leadership, and a shocking failure to involve or inform dozens of known victims.
• Professional Responsibility: No evidence of overt criminal misconduct, bribes, or political payoff in the OPR review—yet the handling amounted to institutional betrayal, poor judgment, and “reflected poorly on the Department as a whole.”
• Systemic Revelation: The episode, like the report, lays bare not just a prosecution gone awry but a system forced into sunlight by persistent victims and reporters, not by those meant to enforce federal law or protect the vulnerable.
• Host’s Tone: Detailed, methodical, outraged—but always focused on facts as presented in the OIG/OPR report, reinforcing the need for transparency and accountability.

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For further in-depth reference: Links to all sources and documents can be found in the episode’s description.

Transcript

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and ways to save what's up everyone? And welcome back to the Epstein Chronicles. In this episode, we're going to begin taking a look at at the Office of Professional Responsibility and their Investigation into the U.S. attorney's Office for the Southern District of Florida's resolution of its 20062008 Federal Criminal Investigation of Jeffrey Epstein and its interactions with victims during the investigation November 2020 executive summary the Department of Justice Office of Professional Responsibility investigated allegations that in 20072008 prosecutors in the U.S. attorney's office for the Southern District of Florida improperly resolved a federal investigation into the criminal conduct of Jeffrey Epstein by negotiating and executing a federal non prosecution agreement. The NPA was intended to end a federal investigation into allegations that Epstein engaged in illegal sexual activity with girls. OPR also investigated whether USAO prosecutors committed professional misconduct by failing to consult with victims of Epstein's crimes before the MPA was signed or by misleading victims regarding the status of the federal investigation after the signing. 1. Overview of factual background the Palm Beach, Florida Police Department began investigating Jeffrey Epstein in 2005 after the parents of a 14 year old girl complained that Epstein had paid her for a massage. Epstein was a multi millionaire financier with residences in Palm Beach, New York and other United States and foreign locations. The investigation led to the discovery that Epstein used personal assistance to recruit girls to provide massages to him and in many instances those massages led to sexual activity. After the PBPD brought the case to the State Attorney's office, a Palm Beach county grand jury indicted Epstein on July 19, 2006 for felony solicitation of prostitution and violation of Florida statute section 796.07. However, because the PPBD chief and the lead detective were dissatisfied with the state attorney's handling of the case and believed that the state's grand jury's charge did not address the totality of Epstein's conduct. They referred the matter to the Federal Bureau of Investigation in West Palm beach for a possible federal investigation. The FBI brought the matter to an assistant U.S. attorney who opened the file with her supervisor's approval and with the knowledge of then U.S. attorney Alexandra Acosta. She worked with two FBI case agents to develop a federal case against Epstein and in the course of the investigation they discovered additional victims. In May of 2007, the AUSA submitted to her supervisors a draft 60 count indictment outlining charges against Epstein. She also provided a lengthy memorandum to summarizing the evidence she had assembled in support of the charges and addressing the legal issues related to the proposed charges. For several weeks following submission of the prosecution memorandum and proposed indictment, the AUSA supervisors reviewed the case to determine how to proceed. At a July 31, 2007 meeting with Epstein's attorneys, the USAO offered to end its investigation if Epstein pled guilty to state charges, agreed to serve a minimum of two years incarceration, registered as a sexual offender, and agreed to a mechanism through which victims could obtain monetary damages. The USAO subsequently engaged in additional meetings and communications with Epstein's team of attorneys, ultimately negotiating the terms of a state based resolution of the federal investigation which culminated in the signing of the NPA on September 24, 2007. The NPA required Epstein to plead guilty in state court to the then pending state indictment against him and to an additional criminal information charging him with a state offense that would require him to register as a sexual offender, specifically procurement of minors to engage in prostitution in violation of Florida Statute 796.03. The MPA required Epstein to make a binding recommendation that the state court sentence him to serve 18 months in the county jail followed by 12 months of community control, home detention, or house arrest. The MPA also included provisions designed to facilitate the victim's recovery of monetary damages from Epstein. In exchange, the USAO agreed to end its investigation of Epstein to forego federal prosecution in the Southern District of Florida of them forenamed co conspirators and any potential co conspirators. The victims were not informed of or consulted about a potential state resolution or the NPA prior to its signing. The signing of the NPA did not immediately lead to Epstein's guilty plea and incarceration. However. For the next nine months, Epstein deployed his extensive team of prominent attorneys to try and change the terms that his team had negotiated and he had approved, while simultaneously seeking to invalidate the entire MPA by persuading senior department officials that there was no federal interest at issue and that matters should be left to the discretion of state law enforcement officials. Through the repeated communications with the USAO and senior department officials, Defense Counsel fought the government's interpretation of the MPA's terms. They also sought and obtained review by the Department's Criminal Division and then the Office of the Deputy Attorney General, primarily on the issue of federal jurisdiction or over what the defense insisted was a quintessentially state matter. After reviewing submissions by the defense and the USAO, on June 23, 2008, the Office of the Deputy Attorney General informed defense counsel that the Deputy Attorney General would not intervene in the matter. Only then did Epstein agree to fulfill his obligation under the NPA, and on June 30, 2008, he appeared in state court and pled guilty to the pending state indictment charging felony solicitation of prostitution and pursuant to the npa, to a criminal information charging him with the procurement of minors to engage in prostitution. Upon the joint request of the defendant and the state prosecutor and consistent with the NPA, the court immediately sentenced Epstein to consecutive terms of 12 months incarceration on the solicitation charge and six months incarceration of on the procurement charge, followed by 12 months of community control. Epstein began serving the sentence that day in a minimum security Palm beach county facility. A copy of the NPA was filed under seal with the state court. On July 7, 2008, a victim identified as Jane Doe filed in federal court in the Southern District of Florida an emergency petition alleging that the government violated the Crime Victims Rights Act, 18 U.S. code Section 3771 want to resolve the federal investigation of Epstein without consulting with victims and seeking enforcement of the CVRA rights. In responding to the petition, the government represented by the USAO revealed existence of the NPA but did not produce it to the petitioners until the court directed it to be turned over subject to a protective order. The NPA itself remained under seal and the Federal District court after the initial filings and hearings. The CVR case was dormant for almost two years while the petitioners pursued civil cases against Epstein. Soon after he was incarcerated, Epstein applied for the Palm Beach County Sheriff's Work Release Program and the sheriff approved his application. In October 2008, Epstein began spending 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. Although the NPA specified a term of incarceration of 18 months, Epstein received gang time, that is time off for good behavior, and he actually served less than 13 months of incarceration. On July 22, 2009, Epstein was released from custody to a one year term of home detention as a condition of community control and he registered as a sexual offender with the Florida Department of Law Enforcement. After victims and news media filed suit in Florida courts for release of the copy of the MPA that had been filed under seal in the state court file, a state judge in September 2009 ordered it to be made public. By mid-2010, Epstein reportedly settled multiple civil lawsuits brought against them by victims seeking monetary damages, including the two petitioners in the CVRA litigation. During the CVRA litigation, the petitioners sought discovery from the usao, which made substantial document productions, filed lengthy privilege logs in support of its withholding of documents, and submitted declarations from the AUSA and the FBI case agents who conducted the federal investigation. The USAO opposed efforts to unseal various records, as did Epstein, who was permitted to intervene in the litigation with respect to certain issues. Nevertheless, the court ultimately ordered that substantial records relating to the USAO's resolution of the Epstein case be made public. During the course of the litigation, the court made numerous rulings interpreting the cvra. After failed efforts to settle the case, the parties cross motions for summary judgment remained pending for more than a year. In 2017, President Donald Trump nominated Acosta to be Secretary of Labor. At his March 2017 confirmation hearing, Acosta was questioned only briefly about the Epstein case. On April 17, 2017, the Senate confirmed Acosta's appointment as Labor Secretary. In the decade following his release from incarceration, Epstein reportedly continued to settle multiple civil suits brought by many, but not all of his victims. Epstein was otherwise able to resume his lavish lifestyle, largely avoiding the interest of The Press. On November 28, 2018, however, the Miami Herald published an extensive investigative report about state and federal criminal investigations initiated more than 12 years earlier into allegations that Epstein had coerced girls into engaging in sexual activity with him at his Palm beach estate. The Miami Herald reported that in 2007, Acosta entered into an extraordinary deal with Epstein in the form of the mpa, which permitted Epstein to avoid federal prosecution and a potentially lengthy prison sentence by pleading guilty in state court to prostitution charges. According to the Miami Herald, the government also immunized from prosecution Epstein's co conspirators and concealed the Epstein victims in the terms of of the npa. Through its reporting, which included interviews of eight victims and information from publicly available documents, the newspaper painted a portrait of federal and state prosecutors who had ignored serious criminal conduct by a wealthy man with powerful and politically connected friends by granting him a deal of a lifetime that allowed him both to escape significant punishment for his past conduct and to continue his abuse of minors. The Miami Herald report led to public outrage and media scrutiny of the government's actions.

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On February 21, 2019, the District Court granted the CVRA case petitioner's motion for partial summary judgment, ruling that the government violated the CVRA in failing to advise the victims about its intention to enter into the npa. The court also found that letters the government sent to victims after the NPA was signed, describing the investigation as ongoing, misled the victims to believe that federal prosecution was still a possibility. The court also highlighted the inequity of the USAO's failure to communicate with the victims while at the same time engaging in lengthy negotiations with Epstein's counsel and assuring the defense that the NPA would not be made public if filed with the court. The court ordered the parties to submit additional briefs regarding the appropriate remedies. After the court's order, the department recused the USAO from the CVRA litigation and assigned the U.S. attorney's office for the Northern District of Georgia to handle the case for the government. Among the remedies sought by the petitioners and opposed by the government was rescission of the NPA and and the federal prosecution of Epstein. Alright, we're gonna wrap up with part one here. In the next episode dealing with the topic, we'll pick up with part number two. All of the information that goes with this episode can be found in the description box. What's up everyone and welcome back to the program. In this episode, we're diving right back into the OIG report into Jeffrey Epstein's NPA On July 2, 2019, the U.S. attorney's Office for the Southern District of New York obtained the federal grand jury indictment charging Epstein with one count of sex trafficking of minors and one count of conspiracy to commit sex trafficking of minors. The indictment alleged that from 2002 until 2005, Epstein created a vast network of underage victims in both New York and Florida whom he sexually abused and exploited. Epstein was arrested on the charges on July 6, 2019. In arguing for Epstein's pretrial detention, prosecutors asserted that agents searching Epstein's Manhattan residence found thousands of photos of nude and half nude females, including at least one believed to be a minor. The court ordered Epstein detained pending trial and he was remanded to the custody of the Bureau of Prisons and held at Metropolitan Correctional center in Manhattan. Meanwhile, after publication of the November 2018 Miami Herald report, the media and Congress increasingly focused attention on Acosta as the government official responsible for the NPA. On July 10, 2019, Acosta held a televised press conference to defend his and the USAO's actions. Acosta stated that the Palm Beach State Attorney's Office was ready to allow Epstein to walk free with no jail time. Nothing, according to Acosta, because USAO prosecutors have considered this outcome unacceptable, his office pursued a difficult and challenging case and obtained a resolution that put Epstein in jail, forced him to register as a sexual offender, and provided victims with the means to obtain monetary damages. Acosta's press conference did not end the controversy, however, and on July 12, 2019, Acosta submitted to the President his resignation as Secretary of Labor. In a brief oral statement, Acosta explained that continued media attention on his handling of the Epstein investigation, rather than on the economy, was unfair to the Labor Department. On August 10, 2019, Epstein was found hanging in his cell and was later pronounced dead. The New York Chief Medical examiner concluded that Epstein had committed suicide as a result of Epstein's death. The U.S. attorney's office for the Southern District of New York filed a null prosque to dismiss the pending indictment against Epstein. On August 27, 2019, the District Court held a hearing at which more than a dozen of Epstein's victims, including victims of the conduct in Florida that was addressed through the npa, spoke about the impact of Epstein's crimes. The court dismissed the Epstein indictment on August 29, 2019. After Epstein's death, the federal district court in Florida overseeing the CVRA litigation denied the petitioners their requested remedies and closed the case as moot. Among its findings, the court concluded that although the government had violated the cvra, the government had asserted legitimate and legally supportable positions throughout this litigation and therefore had not litigated in bad faith. The court also noted it expected the government to honor its representation that it will provide training to its employees about the CVRA and the proper treatment of crime victims, as well as honoring its promise to meet with the victims. On September 30, 2019, CVRA petitioner Jane Doe won filed her True Name a petition for a Writ of mandamus in the United States Court of Appeals for the 11th Circuit seeking review of the district court's order denying all of her requested remedies. In its responsive brief, the government argued that as a matter of law, the legal obligations under the CVRA do not attach prior to the government charging a case, and thus the CVRA was not triggered in the Southern District of Florida because no criminal charges were brought. Nevertheless, during oral argument, the government conceded that the USAO had not been fully transparent with the petitioner and had made a mistake in causing her to believe that the case was ongoing when in fact the NPA had been signed. On April 14, 2020, a divided panel of the Court of Appeals denied the petition, ruling that CVRA's rights do not attach until a defendant has been criminally charged. On August 7, 2020, the court granted the petition for rehearing in bank and vacated the panel's opinion. As of the date of this report, a briefing scheduled has been issued and oral argument is set for December 3, 2022.

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to save the Initiation and scope of the OPR's investigation after the Miami Herald published its Investigative Report on November 28, 2018, US Senator Ben Sasse, Chairman of the Senate Judiciary Subcommittee on Oversight Agency Action, Federal Rights and Federal courts, sent a December 3, 2018 letter to OPR citing the Miami Herald's report and requesting that OPR open an investigation into the instances identified in the reporting of possible misconduct by Department of justice attorneys. On February 6, 2019, the Department of Justice Office of Legislative affairs advised Senator Sasse that the OPR had opened an investigation into the matter and would review the USAO's decision to resolve the federal investigation of Epstein through NPA. After the district court issued its ruling in the CVR A litigation on February 21, 2019, OPR included within the scope of its investigation an examination of the government's conduct and formed the basis for the court's findings that the USAO violated the CVRA in failing to afford victims a reasonable right to confer with the government about the MPA before the agreement was signed and that the government affirmatively misled victims about the status of the federal investigation. During the course of its investigation, OPR obtained and reviewed hundreds of thousands of records from the usao, the FBI and and other department components, including the Office of the Deputy Attorney General, the Criminal Division, the executive office for U.S. attorneys. The records included emails, letters, memoranda, and investigative materials. OPR also collected and reviewed materials relating to the state investigation and prosecution of Epstein. OPR also examined extensive publicly available information, including depositions, pleadings, orders, and other court records, and reviewed media reports and interviews, articles, podcasts, and books relating to the Epstein case. In addition to this extensive documentary review, OPR conducted more than 60 interviews of witnesses, including the FBI agents, their supervisors and FBI administrative personnel, current and former USAO staff and attorneys, current and former department attorneys and senior managers, including a former deputy Attorney General and a former Assistant Attorney General for the Criminal Division and the former state attorney and former Assistant State Attorney in charge of the state investigation of Epstein. OPR also interviewed several victims and attorneys representing victims and reviewed written submissions from victims concerning victim contacts with the USAO, and the FBI. OPR identified former U.S. attorney Acosta, three former USAO supervisors, and the AUSA as subjects of its investigation based on preliminary information indicating that each of them was involved in the decision to resolve the case through the NPA or in the negotiations leading up to the agreement. OPR deems a current or former department attorney to be the subject of its investigation when the individual's conduct is within the scope of of OPR's review and may result in a finding of professional misconduct. OPR reviewed prior public statements made by Acosta and another subject. All five subjects cooperated fully with OPR's investigation. OPR requested that all of the subjects provide written responses detailing their involvement in the federal investigation of Epstein, the drafting and execution of the mpa, and decisions relating to victims notification and consultation. OPR received and reviewed written responses from all of the subjects and subsequently conducted extensive interviews of each subject under oath and before a court reporter. Each subject was represented by counsel and had access to relevant contemporaneous documents. Before the subject's OPR interview, the subjects reviewed and provided comments on their respective interview transcripts and and on OPR's draft report. OPR carefully considered the comments and made changes or noted comments as OPR deemed appropriate. OPR did not, however, alter its findings and conclusions. Finally, OPR reviewed relevant case law, statutes, regulations, department policy, and attorney professional responsibility rules as necessary to resolve the issues presented in this case and to determine whether the subjects committed professional misconduct. As part of its investigation, OPR examined the interactions between state officials and the federal investigators and prosecutors. But because OPR does not have jurisdiction over state officials, OPR did not investigate or reach conclusions about their conduct regarding the state investigation. Because OPR's mission is to ensure that department attorneys adhere to to the standards of professional conduct, OPR's investigation focused on the actions of the subject attorneys rather than on determining the full scope of Epstein and his assistant's criminal behavior. Accordingly, OPR considered the evidence and information regarding Epstein and his assistant's conduct as it was known to the subjects at the time they performed their duties as department attorneys. Additional evidence and information that came to light after June 30, 2008, when Epstein entered his guilty plea under the NPA, did not affect the subject's action prior to that date, and OPR did not evaluate the subject's conduct on the basis of that subsequent information. OPR's investigation occurred approximately 12 years after most of the significant events relating to the USAO's investigation of Epstein. The NPA and Epstein's guilty plea. As a result, many of the subjects and witnesses were unable to recall the details of events of their own or others actions occurring in 2006 through 2008, such as conversations, meetings, or documents they reviewed at the time. However, OPR's evaluation of the subject's conduct was aided significantly by extensive contemporaneous emails among the prosecutors in communications between the government and and defense counsel. These records often referred to the interactions among the participants and described important decisions, in some instances the basis for them all right, we're going to wrap up this episode here and in the next episode we're going to pick up with the overview of the OPR's analytical framework. All of the information that goes with this episode can be found in the Description box. What's up everyone? And welcome back to the Epstein Chronicles. In this episode, we're going to pick up where we left off with the OIG report into Jeffrey Epstein and his NPA Part 3 Overview of the OPR's Analytical Framework OPR's primary mission is to ensure that the department attorneys perform their duties in accordance with the highest professional standards, as would be expected of the nation's principal law enforcement agency. Accordingly, OPR investigates allegations of professional misconduct against current or former department attorneys related to the exercise of their authority to investigate, litigate, or provide legal advice. OPR also has jurisdiction to investigate allegations of misconduct against department law enforcement agents when they relate to a department attorney's alleged professional misconduct. In its investigations, OPR determines whether a clear and unambiguous standard governs the conduct in question, or 2 the subject did not intentionally or recklessly violate the standard that governs the conduct. Then it concludes that the subject's conduct does not constitute professional misconduct. In some cases, OPR may conclude that a subject attorney's conduct does not satisfy the elements necessary for a professional misconduct finding, but that the circumstances warrant another finding. In such cases, OPR may conclude that a subject attorney exercised poor judgment, made a mistake, or otherwise acted inappropriately under the circumstances. OPR may also determine that the subject attorney's conduct was appropriate under the circumstances.

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[Narrator / Legal Analyst]

Issues Considered in this Investigation OPR considered two distinct sets of allegations. The first relates to the negotiation, execution, and implementation of the MPA. The second relates to the USAO's interactions with Epstein's victims and adherence to the requirements of the cvra. The two sets of issues are described below and are analyzed separately in this a Negotiation, execution, and implementation of the mpa. In evaluating whether any of the subjects committed professional misconduct, OPR considered whether any of the NPA's provisions violated a clear or unambiguous statute, professional responsibility rule, or standard, or department regulation or policy. In particular, OPR considered whether the NPA violated standards relating to 1 charging decisions, 2 declination of criminal charges, 3 deferred or non prosecution agreements, 4 plea agreements, 5 grants of immunity or 6 the deportation of criminal aliens. The potentially applicable standards that OPR considered as to each of these issues are identified and discussed later in this report. OPR also examined whether the evidence establishes that any of these subjects were influenced to enter into the NPA or to include in the NPA terms favorable to Epstein because of improper motives such as a bribe, political consideration, personal interest, or favoritism. OPR also examined and discusses in the report significant events that occurred after the NPA was negotiated and signed that shed additional light on the USAO's handling of the Epstein investigation. B. The District Court's Conclusion that the USAO Violated the CVRA to address the District Court's adverse judicial findings, OPR assessed the manner, content, and timing of the government's interactions with the victims both before and after the NPA was signed, including victim notification letters issued by the USAO and the FBI and interviews conducted by the usao. OPR considered whether any of the subject attorneys violated any clear and unambiguous standard governing victim consultation or notification. OPR examined the government's lack of consultation with the victims before the NPA was signed as well as the circumstances relating to the district court's findings that the USAO affirmatively misled Epstein's victims about the status of the federal investigation after the NPA was signed. 5. OPR's findings and conclusions OPR evaluated the conduct of each subject and considered his or her individual role in various decisions and events. Acosta, however, made the pivotal decision to resolve the federal investigation of Epstein through a state based plea and neither developed or approved the terms of the initial offer to the defense that set the beginning point for the subsequent negotiations that led to the npa. Although Acosta did not sign the npa, he participated in its drafting and approved it with knowledge of its terms. During his OPR interview, Acosta acknowledged that he approved the NPA and accepted responsibility for it. Therefore, OPR considers Acosta to be responsible for the NPA and for the actions of others subjected who implemented his decision. Acosta's overall responsibility for the government's interactions or lack of communication with the victims is less clear, but Acosta affirmatively made certain decisions regarding victim notification and and OPR evaluates his conduct with respect to those decisions, findings, and conclusions relating to the government's interactions with the victims. OPR further concludes that none of the subject attorneys committed professional misconduct with respect to the government interactions with the victims. The subjects did not have a clear and unambiguous duty under the CVRA to consult with the victims before entering into the npa. Because the USAO resolved the Epstein investigation without a federal criminal charge. Significantly, at the time the NPA was signed, the Department did not interpret CVRA rights to attach unless and until federal charges had been filed and the federal courts had not established a clear unambiguous standard applying to CVRA before criminal charges were brought. In addition, OPR did not find any evidence that the lack of of consultation was for the purpose of silencing victims. Nonetheless, the lack of consultation was part of a series of government interactions with the victims that ultimately led to the public and the court condemnation of the government's treatment of the victims reflected poorly on the Department as a whole and is contradictory to the Department's mission to minimize the frustration and the confusion that victims of crime endure. OPR determined that none of the subjects was responsible for communication sent to certain victims and after the NPA was signed that described the case as under investigation and that failed to inform them of the npa. The letters were sent by an FBI administrative employee who was not directly involved in the investigation, incorporated standard form language used by the FBI when communicating with victims, and were not drafted or reviewed by the subjects. Moreover, the statement that the matter was under investigation was not false but because the government in fact continued to investigate the case in participation and anticipation that Epstein would not fulfill the terms of the npa. However, the letters risked misleading the victims and contributed to victim frustration and confusion by failing to provide important information about the status of the investigation. The letters also demonstrated a lack of coordination between the federal agencies responsible for communicating with Epstein's victims and showed a lack of attention to and oversight regarding communication with victims. After the MPA was signed, Acosta elected to defer the state attorney the decision whether to notify victims about the state's plea hearing pursuant to the state's own victim rights requirements. Although Acosta's decision was within his authority and did not constitute professional misconduct, OPR concludes that Acosta exercised poor judgment when he failed to make certain that that the state intended to and would notify victims identified through the federal investigation about the state plea hearing. His decision left victims uninformed about an important proceeding that resolved the federal investigation, an investigation about which the USAO had communicated with victims for months. It has also ultimately created the misimpression that the Department intentionally sought to silence the victims. Acosta fell to ensure that victims were were made aware of a court proceeding that was related to their own cases and thus he failed to ensure that victims were treated with forthrightness and dignity. OPR concludes that the decision to postpone notifying the victims about the terms of the NPA after it was signed and the omission of information about the NPA during victim interviews and conversations with the Victim's attorneys in 2008 does not constitute professional misconduct. Contemporaneous records show that these actions were based on strategic concerns about creating impeachment evidence that Epstein's victims had financial motives to make claims against him, evidence that he could use against victims at a trial, and were not for the purpose of silencing his victims. Nonetheless, the failure to reevaluate the strategy prior to interviews of victims and discussions with victims attorneys occurring in 2008 led to interactions that contributed to victims feelings that the government was intentionally concealing information from them. After examining the full scope and context of the government's interactions with victims, OPR concludes that the government's lack of transparency and its inconsistent messages led to victims feeling confused and ill treated by the government gave victims and the public the misimpression that the government had colluded with Epstein's counsel to keep the NPA secret from the victims and undercut public confidence in the legitimacy of the resulting agreement. The overall result of the subject's handling of the case understandably left many victims feeling ignored and frustrated and resulted in extensive public criticism in some OPR concludes that the victims were not treated with the forthrightness and sensitivity expected by the Department. All right, folks, so we're gonna wrap up right there and in the next episode dealing with the topic, we'll pick up where we left off. All of the information that goes with this episode can be found in the Description box. What's up everyone? And welcome back to the Epstein Chronicles. In this episode, we're going to continue on with the OIG report into Jeffrey Epstein's NPA Chapter 1 Significant Entities and Individuals the Federal and Local Law Enforcement Agencies A the Department of Justice, the U.S. attorney's office for the Southern District of Florida and the Federal Bureau of Investigation the Department of Justice is a cabinet level executive branch department headed by the United States Attorney General. The stated mission of the Department is to enforce federal law and defend the interests of the United States, ensure public safety, provide federal leadership in preventing and controlling crime, seek just punishment for those guilty of unlawful behavior, and ensure the fair and impartial administration of justice. The Department enforces federal criminal law through investigations and prosecutions of violations of federal criminal statutes. It also engages in civil litigation. During the period relevant to this report, the department had approximately 110,000 employees in 40 components. The department's headquarters are in Washington, D.C. and and it conducts most of its work through field locations around the nation and overseas. The prosecution of federal criminal law is handled primarily through 94 U.S. attorney's offices, each headed by a presidentially appointed with advice and consent of the U.S. senate U.S. attorney who has independent authority over his or her office but is overseen by the Attorney General through the Deputy Attorney General. The Department's Criminal Division, headed by an Assistant Attorney General, includes components with specialized areas of expertise that also prosecute cases, assist in the prosecutions handled by U.S. attorneys offices, and provide legal expertise and policy guidance. Among the Criminal Division components mentioned in this report are the Appellate Section, the Office of Enforcement Operations, the Computer Crime and Intellectual Property Section, and most prominently, the Child Exploitation and obscenity section. CEOs based in the Washington, D.C. compromise attorneys and investigators who specialize in investigations and prosecuting child exploitation crimes, especially those involving technology, and they assist US Attorneys offices in investigations, trials and appeals related to these offenses. CEOs provided advice and training to federal prosecutors, law enforcement personnel and government officials. CEOs also work to develop and refine proposals for prosecution policies, legislation, government practices and agency regulations.

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[Narrator / Legal Analyst]

Help is always ready before, during and after your stay. We've planned for the plot twists, so support is always available because a great trip starts with peace of mind. The U.S. attorney's Manual, revised in 2018 and renamed the Justice Manual, is a compilation of department rules, policies and guidance governing the conduct of department employees. It includes requirements for approval by or consultation with the Criminal Division or other divisions having responsibility for for specific criminal enforcement, such as the Criminal Civil Rights Division. In this report, OPR applies the USAM provisions in effect at the relevant time during the period most relevant to this report, the Attorney General was Michael Mukase, the Deputy Attorney General was Mark Philippe, and the Assistant Attorney General for the Criminal Division was Alice Fisher. The chief of CEOs was Andrew Osterbahn. The U.S. attorney's office for the Southern District of Florida that handles federal matters in the Southern District of Florida's Judicial District, which covers the counties of Miami Dade, Broward, Monroe, palm Beach, Martin, St Lucie, Indian River, Okeechobee and Highlands, an area of over 15,000 square miles. During the period relevant to this report, the USAO had a staff of approximately 200 Assistant U.S. attorneys and 200 support personnel. The main office is in Miami. Staff branch offices are located in Fort Lauderdale, West Palm beach, covering Palm beach county and Fort Pierce, and an unstaffed Branch office is located in Key West. The West Palm Beach USAO office is approximately 70 miles from the Miami office. The USAO is headed by the U.S. attorney. The second in command is the first assistant U.S. attorney Faus, who serves as principal adviser to the U.S. attorney and supervises all components of the USAO, including the criminal, Civil and Appellate Divisions, each of which is headed by a Chief. During the period relevant to this report, the West Palm beach office consisted of two criminal sections and was headed by a managing a USA the Federal Bureau of Investigation is the principal federal law enforcement agency and is part of the Department. It maintains field offices that work with U.S. attorneys offices the FBI Field Office in Miami, headed by a Special Agent in Charge, has satellite offices known as Resident Agencies, one of which is located in West Palm beach and covers Palm Beach County. The Epstein investigation was handled by special agents assigned to a particular West Palm Beach Resident Agency squad headed by a supervisory Special Agent. FBI responsibility for advising crime victims of their rights and victim services available to them is handled by non agent victim specialists. The following chart shows the Department's organizational structure during the period relevant to this report and if you click on the link you'll be able to see that chart. B the State and Local Law Enforcement Agencies Florida State criminal prosecutions are primarily managed by an Office of State Attorney in each of the state's 20 judicial circuits headed by a State Attorney who was elected to a four year term. Palm Beach county constitutes the 15th Judicial Circuit. Barry Krisher was the elected State Attorney for that circuit from 1992 until January of 2009. During the period relevant to this report, the Palm Beach County State Attorney's Office based in the City of West Palm beach had more than 100 attorneys and and several investigators and a Crimes Against Children unit headed by Assistant State Attorney Lana Belihovlich. The incorporated town of Palm beach occupies the coastal barrier island off the City of West Palm Beach. Its law enforcement agency is the Palm Beach Police Department. Michael Ryder, who joined The PBPD in 1981, served as PBPD chief from 2001 to February 2009. The Palm Beach County Sheriff's Office, based in the City of West Palm beach, is the largest law enforcement agency in the county. Through its Department of Corrections, the PBSO operates the main detention center and during the period relevant to this report housed minimum security detainees, including those on work release at its stockade facility. The current Sheriff has served continuously since January 2005. Section 2 Subject Attorneys and Their Roles in the Epstein Case Alex Acosta was appointed interim U.S. attorney for the Southern District of Florida in June 2005 at age 36. In June 2006, President George W. Bush formally nominated Acosta After Senate confirmation, Acosta was sworn in as U.S. attorney in October 2006. After graduating from law school, Acosta served a federal appellate clerkship, an 18 month term as an associate at the firm of Kirkland and ellis in Washington, D.C. approximately four years as a policy fellow and law school lecturer, and nearly two years as Deputy Assistant Attorney General in the Department's Civil Rights Division. He was presidentially appointed in 2002 as a member of the National Labor Relations board and in 2003 as Assistant Attorney General in Charge of the Department's Civil Rights Division, where He served from August 2003 until his appointment as interim U.S. attorney and where he oversaw, among other things, the prosecution of human trafficking and child sex trafficking cases. As U.S. attorney, Acosta's office was in the USAO's Miami headquarters, although he traveled to the USAO's branch offices. During Acosta's tenure as U.S. attorney, the USAO initiated the federal investigation of Epstein, engaged in plea discussions with Epstein's counsel, and negotiated the federal non prosecution agreement that is the subject of this report. Acosta made the decision to resolve the federal investigation into Epstein's conduct by allowing Epstein to enter a state plea. Acosta was personally involved in the negotiations that led to the npa, reviewed various iterations of the agreement, and approved the final agreement signed by the usao. Acosta continued to provide supervisory oversight and to have meetings and other communications with Epstein's attorneys during the nine month period between the signing of the NPA on September 24, 2007 and Epstein's entry of a guilty plea in state court pursuant to the terms of the agreement on June 30, 2008. On December 8, 2008, after the presidential election and while Epstein was serving his state prison sentence, Acosta was formally recused from all matters involving the law firm of Kirkland Ellis, which was representing Epstein, because Acosta had begun discussions with the firm about a possible employment. After leaving the USAO in June 2009, Acosta became the Dean of the Florida International University College of Law. In April 2017, Acosta became the US Secretary of Labor, but he resigned from that post effectively July 19, 2019, following public criticism of the USAO's handling of the Epstein case. Jeffrey H. Sloman he joined the USAO in 1990 as Align A USA. In 2001, he became deputy chief of the USAO's Fort Lauderdale branch office of Narcotics and Violent Crime section and in 2003 became managing AUSA for that branch office. In early 2004, Sloman was appointed chief of the USAO's criminal division. In October 2006, Sloman became the FAUSA and Sloman's office was located with Acostas in the Miami office executive suite. As fausa, Sloman was responsible for supervising the civil, criminal and Appellate divisions and he was part of the supervisory team that oversaw the Epstein investigation. Although Sloman had relatively little involvement in the decision and negotiations that led to the NPA and did not review it before it was signed, he personally negotiated an addendum to the NPA, which he signed on behalf of the USAO. In October of 2007, after subordinates Matthew Menschel and Andrew Laurie left the USAO, Sloman directly engaged with the Line AUSA Marie Villefana on Epstein matters and participated in meetings and other communications with defense counsel. After Acosta was formally recused from the Epstein matter in 2008, Sloman became the senior USAO official supervising the matter. When Acosta left the USAO, Sloman became the Acting U.S. attorney for the Southern District of Florida and in January 2010 the Attorney General appointed Sloman to be the Interim U.S. attorney for the District. Sloman left the USAO to enter private practice in June 2010. Matthew Menshel joined the USAO in 1998 after having served as a New York County Assistant district attorney for 11 years. After several years as a Line AUSA, Menshel became chief of the USAO's major crime section. In October 2006, Menschel became the chief of the USAO's criminal division based in Miami. A criminal Division chief, Menschel was part of the supervisory team that oversaw the Epstein investigation and he participated in meetings and other communications with defense counsel. Menschel participated in the decision to extend a two year state based plea proposal to Epstein and communicated it to the defense. Shortly after that plea offer was extended to Epstein. In early August 2007 and before the precise terms of the NPA were negotiated with defense Counsel, menschel left the USAO's office to enter private practice. Andrew C. Laurie joined the USAO as a line USA in 1994 after having served for three years as an AUSA in Jersey. During his 13 year tenure at the USAO, Lori served two terms on detail as the Acting Chief of the Department's Criminal Division's Public Integrity Section, first from September 2001 until September 2002 and then from February 2006 until July 2006. Between those two details and again after his return to the USAO In July of 2006, Laurie was a Deputy Chief of the USAO's Criminal Division, serving as the managing AUSA for the West Palm beach branch office. Lori was part of the supervisory team that oversaw the Epstein investigation and negotiated the npa, participating in meetings and other communications with defense counsel. During September 2007, while the NPA was being negotiated, Laurie transitioned out of the USAO to serve on detail as Principal Deputy Assistant Attorney General for the department's Criminal division, a position which he served as Chief of Staff to Assistant Attorney General Alice Fisher. Lori left the department in February 2008 to enter private practice. Ann Marie Vilafana joined the USAO in September 2001 as align AUSA. She served in the Major Crime Section in Miami until January 2004 when she transferred to the West Palm beach branch office. Vilafana handled the majority of the child exploitation cases in the West Palm beach, along with other criminal matters. In 2006, she was designated as the USAO's first coordinator for Project Safe Childhood, a new department initiative focusing on child sexual exploitation and abuse. In 2006, Vilafana assumed responsibility for the Epstein investigation as the line ausa. Vilafana handled all aspects of the investigation

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[Narrator / Legal Analyst]

Vilafana determine the lines of inquiry to pursue, identify the witnesses to be interviewed, and conducted legal research to support possible charges and sought guidance from others at the USAO and in the department. Vilafana, along with FBI case agents and the FBI victim specialist, had direct contact with Epstein's victims. She handled court proceedings related to the investigation. She drafted a prosecution memorandum, indictment and related documents and revised those documents in response to comments from those in her supervisory chain of command. Vilafana participated in meetings between members of the USAO and Council for Epstein and prepared briefing materials for management in preparation for those meetings and in response to issues raised during those meetings. Although Acosta made the decision to utilize a non prosecution agreement to resolve the federal investigation and approve the terms of the npa, Vilafano was the primary USAO representative negotiating with defense counsel and drafting the language of the NPA under her supervisor's direction and guidance, and she signed the NPA on behalf of the usao. Thereafter, Vilafana monitored Epstein's compliance with the NPA and addressed issues relating to his conduct. After two victims pursued a federal civil lawsuit seeking enforcement of their rights under the Crime Victims Rights Act, US Code 18 Section 3771 In July 2008, Vilafana served as co counsel to the lead attorney representing the USAO until February 2019 when the USAO was recused from handling the litigation. Vilafana left the USAO in August 2019 and joined another government agency. Alright, we're going to wrap up this episode right here and in the next episode we're going to meet Jeffrey Epstein and his attorneys. All of the information that goes with this episode can be found in the description box. What's up everyone and welcome back to the Epstein Chronicles. In this episode, we're getting right back to the OIG report into Jeffrey Epstein's non prosecution agreement. 3. Jeffrey Epstein and His Defense Attorneys A. Jeffrey Epstein Jeffrey Epstein was born in Brooklyn, New York in 1953. Although he did not graduate from college, he taught physics and mathematics to teens at an elite private school in Manhattan from 1974 until 1976. Through the connections made at the school, he was hired at the Wall street firm of Bear Stearns, where he rose from junior assistant to a floor trader to become a limited partner before leaving in 1981. An enigmatic individual whose source of wealth was never clear, Epstein reportedly provided wealth management and advisory services to a business entrepreneur through whom Epstein acquired a mansion in Midtown Manhattan where he resided in the early 1990s Epstein acquired a large residence in Palm Beach, Florida. He also owned a private island in the US Virgin Islands, a ranch in New Mexico, and a residence in Paris, France. He traveled among his residences in a private Boeing 727 jet. Epstein reportedly was an investor, founder, or principal in a myriad businesses and other entities in numerous locations. Although frequently referred to as a billionaire, the sources and extent of his wealth were never publicly established. During his lifetime, he associated with prominent and wealthy individuals from business, political, academic, and social circles and engaged in substantial philanthropy. Epstein maintained a large core of employees, including housekeeping staff and pilots, as well as numerous female personal assistants, several of whom traveled with him. B. Epstein's Defense Attorneys Jeffrey Epstein employed numerous criminal defense attorneys in responding to the allegations that he had coerced girls into engaging in sexual activity with him at his Palm Beach, Florida estate. As different law enforcement entities became involved in investigating the allegations, he added attorneys having particular relevant knowledge of or connections with those entities. At the outset of the state investigation, Epstein retained nationally prominent Miami criminal trial attorney Roy Black. He was also represented by a local criminal defense attorney who was a former Palm Beach County Assistant state attorney, and by nationally prominent Harvard Law School professor and criminal defense attorney Alan Dershowitz, who was a self described close friend of Epstein. After initial plea negotiations with the state attorney's office, Epstein replaced the local attorney with Jack Goldberger, a prominent West Palm beach criminal defense attorney whose law partner was married to the assistant state attorney handling the Epstein case. Once Epstein hired Goldberger, the assistant state attorney was removed from the Epstein case on the basis of that conflict of interest. Another prominent attorney who began representing Epstein during the state investigation was New York City Attorney Gerald Lefcourt, whose law firm website claims his national reputation for the aggressive defense of high profile defendants in criminal matters. In late 2006, after the USAO opened its investigation, Epstein hired Miami criminal defense attorneys who were former AUSAs. One guy, Lewis, had also served as the U.S. attorney for the Southern District of Florida and as director of the Department's Executive Office for the United States Attorneys, the component charged with providing close liaison between the department and the state and the U.S. attorneys. Another, Lilian Sanchez, had served in the USAO and as a deputy chief in the Major Crime Section before leaving in 2005. In August 2007, immediately after the USAO offered the terms that ultimately led to the npa, two attorneys from the firm of Kirkland and Ellis, one of the largest law firms in the country, contacted the USAO on Epstein's behalf. Kenneth Starr, former federal judge and solicitor general who was serving as dean of Pepperdine University's School of Law while of counsel to the firm N.J. lefkowitz, a litigation partner who had served in high level positions in the administrations of President George H.W. bush and George W. Bush. They were joined by nationally prominent Boston criminal defense attorney Martin Weinberg. After the NPA was signed, former U.S. attorney Joe D. Whitley joined the defense team, as did former Principal, deputy chief of CEOs and another former US attorney who was also a retired judge Chapter 2 the Non Prosecution Agreement Part 1 Factual Background Section 1 Overview in the following sections in this chapter, the Office of Professional Responsibility details the significant events leading to and during the federal investigation of Epstein, the negotiation and signing of the npa, and the defense's subsequent nine month effort to stop the NPA from taking effect. OPR also describes more briefly the events occurring after Epstein pled guilty in state court as the USAO sought to hold him to the terms of the agreement. In describing events, OPR relies heavily on contemporaneous documents, particularly emails. In many instances, the emails not only describe meetings and identify the participants, but also set forth the issues under discussion, the alternatives considered, and the basis for certain decisions. When helpful to explain the actions taken by the subjects, OPR also includes the subject's explanations as provided in their written responses to or interviews with OPR or explanations provided by witnesses. A timeline of key events is set forth on the following section 2 March 2005 through May 2006 Epstein is investigated by the Palm Beach Police Department and the Palm Beach County State Attorney's Office. A. The Initial Allegations and the PBPD investigation in March 2005, the parents of a 14 year old girl reported to the Palm Beach Police that a man had paid their daughter $300 to give him a massage in his Palm beach home. The Palm Beach Police began investigating Epstein, identified as the recipient of the massage, and two of his personal assistants who were also implicated by the complaint. The investigation soon expanded beyond the initial claim to encompass allegations that during 2004 and 2005, through his female assistants, Epstein and some of the victims as well regularly recruited local high school age girls to give him massages in his home that in some cases led to to sexual activity. Through their interviews with victims, the police learned more about Epstein's conduct. Some girls had only had one encounter with Epstein, while others had many encounters with him. The nature of the massages varied according to victims. Some girls remained fully clothed while they massaged Epstein, some wore only their underwear and some were fully nude. Victims stated that during the massages, Epstein masturbated himself. Some victims allegedly that he touched them during the massage, usually fondling their breasts or touching their vaginas directly or through their clothing. Some victims reported that Epstein used a vibrator to masturbate them, and some stated that he digitally penetrated them. Some victims who stated they saw him more often alleged that Epstein engaged in oral and vaginal sex with them. According to one victim, an Epstein female assistant participated on at least one occasion in sexual activity with the victim at Epstein's direction. Although the allegations varied in the specific details, for the most part they were consistent in describing a general pattern of conduct by Epstein and several of his assistants. According to the information provided to and evidence gathered by the Palm beach police, Epstein's assistants scheduled up to three massage appointments a day, often contacting the girls to make an appointment with while Epstein was en route to Palm beach from one of his other residences. Typically, when a girl arrived at Epstein's home for a massage, she was taken upstairs to the master bedroom and bathroom area by one of Epstein's assistants, who set up the massage table and the massage oils. When the assistant left the room, Epstein entered wearing only a robe or a towel. After removing the clothing, Epstein lay face down and nude on the massage table, instructed the girl to remove her clothing, and then explained to her how he wished her to perform the massage. During the massage, Epstein masturbated himself, often while fondling the girl performing the massage. When Epstein climaxed, the massage was over. Usually, Epstein paid the girl $200 for the massage and if she had not been to his home before, Epstein asked her for her phone number to contact her in the future. Epstein encouraged the girls who performed these massages to find other girls interested in performing massages for him and promised that if a girl brought a friend along to perform a massage, each girl would receive $200. Several of the victims acknowledged to the PBPD that they had recruited other girls on Epstein's behalf. The evidence regarding Epstein's knowledge of the girls ages was mixed. Some girls who recruited other girls reportedly instructed the new recruits to tell Epstein if asked that they were over 18 years old. However, some girls informed the PBPD that they told Epstein their real ages. Police were able to corroborate one girl's report that Epstein sent flowers to her at her high school after she performed in a school play. In addition, an employee of Epstein told the PBPD that some of the females who came to Epstein's residence appeared to be underage. Epstein was aware of the PBPD investigation almost from the beginning. He retained local criminal defense counsel, who in turn hired private investigators. In October 2005, the PBPD, with the assistance of the state's Attorney's office, obtained a search warrant for Epstein's residence. When police arrived at Epstein's home on October 20, 2005 to execute the warrant, they found computer monitors and keyboards in the home, as well as disconnected surveillance cameras. But the computer equipment itself, including video recordings and other electronic storage media, were gone. Nonetheless, the PBPD retrieved some evidence from Epstein's home, including notepads on which Epstein's assistants documented messages from many girls over a two year span, returning phone calls to confirm appointments. The police also found numerous photographs of naked young females of indeterminate age. Police photographs taken of the interior of Epstein's home corroborated the victim's descriptions to police of the layout of the home and the master bedroom and bathroom area. The police also found massage tables and oils, one victim's high school transcript, and items the police believed to be sex toys. All right, we're gonna wrap up right here and then the next episode we're gonna pick up where we left off and that's with Part B. The state Attorney's office decides to present the case to a state grand jury. All of the information that goes with this episode can be found in the Description box.

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