Dershowitz Letter to U.S. Attorney's Office — NPA Negotiations

CORRESPONDENCE FROM ALAN M. DERSHOWITZ TO UNITED STATES ATTORNEY REGARDING NON-PROSECUTION AGREEMENT NEGOTIATIONS SOUTHERN DISTRICT OF FLORIDA 2007 This document is a letter from attorney Alan M. Dershowitz to the United States Attorney's Office for the Southern District of Florida, written during the negotiation of the non-prosecution agreement (NPA) in the federal investigation of Jeffrey Edward Epstein. Dershowitz served as a member of Epstein's defense team alongside attorneys Jay Lefkowitz, Kenneth Starr, Roy Black, Gerald Lefcourt, and Jack Goldberger. The letter was part of a series of communications between Epstein's defense counsel and the U.S. Attorney's Office, then headed by United States Attorney Alexander Acosta, regarding the terms under which the federal investigation of Epstein would be resolved. The defense team advocated for a disposition that would avoid federal charges and instead allow Epstein to plead to lesser state charges in Palm Beach County, Florida. SUBSTANCE OF THE CORRESPONDENCE: In the letter, Dershowitz presented arguments in support of a non-prosecution resolution, asserting that the evidence assembled by the FBI and the Palm Beach Police Department did not support federal sex trafficking charges under 18 U.S.C. sections 1591 and 2421-2423. The defense argued that the alleged conduct, while serious, was more appropriately handled as a state matter and that a federal prosecution would be inconsistent with the then-existing practices of the Southern District of Florida. Dershowitz further argued that the alleged victims were not credible witnesses for purposes of a federal trial and that their accounts contained inconsistencies that would undermine the government's case. This characterization of the victims was subsequently criticized by victim advocates and by the victims themselves, who argued that Epstein's defense team engaged in a deliberate strategy to discredit and intimidate young, vulnerable witnesses. CONTEXT OF THE NPA NEGOTIATIONS: The correspondence between Epstein's defense team and the U.S. Attorney's Office extended over a period of approximately one year, from 2006 to 2007. During this period, the defense team employed what has been described as an aggressive lobbying campaign, which included direct communications with senior DOJ officials in Washington, D.C., and efforts to leverage the political connections and professional reputations of Epstein's attorneys. The resulting NPA, executed in September 2007, allowed Epstein to plead guilty to two state felony charges and serve thirteen months in county jail with work release privileges. The agreement also provided broad immunity to Epstein's unnamed co-conspirators, a provision that was not disclosed to the victims and that was subsequently challenged in federal court under the Crime Victims' Rights Act. Source: Correspondence, Dershowitz to U.S. Attorney's Office Southern District of Florida, 2007