Alexander Acosta Memo - Justification for NPA (2007)

INTERNAL MEMORANDUM — NON-PROSECUTION AGREEMENT JUSTIFICATION From: Alexander Acosta, U.S. Attorney, Southern District of Florida This memorandum, obtained through FOIA proceedings, reflects Acosta's internal justification for entering into the Non-Prosecution Agreement with Jeffrey Epstein. KEY ARGUMENTS MADE BY ACOSTA: - The NPA ensured Epstein would serve jail time (vs. risk of acquittal at trial) - Florida state charges would require sex offender registration - The agreement preserved the ability to bring federal charges if terms were violated - Acosta characterized the NPA as the "best deal" available given the evidence LATER STATEMENTS: In a 2019 press conference following Epstein's arrest, Acosta stated: - He was told Epstein "belonged to intelligence" (this claim has been disputed) - The evidence at the time was deemed insufficient for a federal prosecution - State prosecution was considered the more viable path OFFICE OF PROFESSIONAL RESPONSIBILITY (OPR) REVIEW: The DOJ's OPR conducted a review of the handling of the NPA. The review examined: - Whether prosecutors exercised poor judgment - Whether victims' rights were properly protected - Whether the terms of the NPA were appropriate Acosta resigned as U.S. Secretary of Labor on July 19, 2019. Source: DOJ FOIA / Court Records Available at: https://www.justice.gov/epstein/foia