OPR Prosecutor Conduct Analysis: NPA Negotiation Terms

DOJ OFFICE OF PROFESSIONAL RESPONSIBILITY — INVESTIGATION REPORT Subject: Review of Attorney Conduct in the Epstein Non-Prosecution Agreement Report Date: November 2020 Classification: Public Release (Redacted) INVESTIGATION SCOPE: The DOJ Office of Professional Responsibility (OPR) conducted a comprehensive review of the conduct of attorneys in the U.S. Attorney's Office for the Southern District of Florida in connection with the 2008 non-prosecution agreement (NPA) with Jeffrey Epstein. KEY QUESTIONS INVESTIGATED: 1. Did prosecutors exercise poor judgment in offering the NPA? 2. Was the NPA consistent with DOJ policies and precedents? 3. Did prosecutors comply with the Crime Victims' Rights Act (CVRA)? 4. Were there improper influences on the prosecution decision? 5. Did the NPA's immunity provisions for co-conspirators serve justice? FINDINGS: EXERCISE OF JUDGMENT: The OPR found that while the NPA was an exercise of prosecutorial discretion, the terms were unusually lenient for a case with this number of identified victims. However, OPR concluded the decision did not rise to the level of professional misconduct. CRIME VICTIMS' RIGHTS ACT COMPLIANCE: The OPR found that the U.S. Attorney's Office violated the CVRA by failing to notify identified victims before finalizing the NPA. A federal court had separately ruled in 2019 that the NPA violated the CVRA. CO-CONSPIRATOR IMMUNITY: The NPA's broad immunity provision for unnamed "co-conspirators" was found to be unusually expansive and not standard practice. CONCLUSION: While the OPR did not find professional misconduct warranting disciplinary action, it identified significant deficiencies in how the case was handled, particularly regarding victim notification and the breadth of the immunity provisions. Source: DOJ Office of Professional Responsibility Available at: https://www.justice.gov/opr