2007 memo laying out Epstein case revealed for the 1st time
After being shrouded in secrecy for nearly two decades, a 2007 draft memo laying out the evidence gathered against Jeffrey Epstein -- and the argument to move forward with a 60-count indictment against him -- has come to light, as part of the document trove released by Justice Department on Friday.
The Florida prosecutor who drafted that memo would send it to top brass at the U.S. Attorney’s Office in Miami, including then-U.S. Attorney Alexander Acosta, seeking approval for the proposed extensive charges against the wealthy financier, as well as others whose identities are redacted who may have facilitated his crimes.
"Epstein is considered an extremely high flight risk and, from information we have received, a continued danger to the community based upon his continued enticement of underage girls," the memo said. "For these reasons, we would like to present a sealed indictment to the Grand Jury on May 15, 2007."
That proposed indictment and memo were never pursued in court. It would gather dust in draft form, as Acosta instead negotiated a controversial plea deal with Epstein even as his prosecutors and the FBI were still investigating the case and identifying new victims in other jurisdictions.
That non-prosecution agreement allowed Epstein to plead guilty to two state charges and avoid federal charges for an allegedly broad pattern of similar sexual misconduct. He served just 13 months of an 18-month sentence in county jail in Florida. After, the convicted sex offender was free to enjoy a jetsetting lifestyle and wield influence with major power players on the international stage up until his July 2019 arrest.
Acosta has previously defended his decision as geared towards putting Epstein "behind bars." In 2020, DOJ's Office of Professional Responsibility found that Acosta exercised "poor judgment" when he resolved the federal investigation, but cleared him of prosecutorial misconduct.
The draft memo pushing for the federal charges lays out how massage appointments were arranged for Epstein with girls ranging in age from 14 to 23, and the payments they would receive for their services. The girls would also receive a finder’s fee of $200 if they recruited other girls.
"Some girls saw Epstein only once and some saw him dozens of times. The 'massage services' performed also varied," the memo said. The girls' degree of nakedness and the sexual acts Epstein would perform on them also varied, the memo said. The abuse would escalate if they "saw him more often." The memo adds that "Epstein sometimes brought his assistant/girlfriend," whose name is redacted, "into the sexual activity."
The 45-page draft articulates an array of federal statutes and how Epstein’s conduct violated them -- laying out the robust legal argument buttressing the proposed charges. It also discusses charges that were considered -- and rejected.
The prosecutor's memo weighs both the strengths and potential vulnerabilities in the case. It includes analysis of possible credibility issues with some of the alleged victims, which had already been a "focus" for Epstein's attorneys, the memo said — including alleged subsequent substance abuse issues, any criminal records and alleged sex work, and potentially varying accounts of Epstein's alleged abuse.
Epstein was arrested in July 2019 on federal sex trafficking charges. He died by suicide in his Manhattan jail cell roughly a month later.
