Full OPR Report: Acosta's Role & NPA Decision Chain (350 Pages)
From: DOJ Office of Professional ResponsibilityTo: Public Record, U.S. Attorney's Office, S.D. Florida
Full Report350 PagesDecision Chain
DEPARTMENT OF JUSTICE OFFICE OF THE INSPECTOR GENERAL
REVIEW OF THE JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT
OVERSIGHT AND REVIEW DIVISION
The Department of Justice Office of the Inspector General conducted a review of the 2007 non-prosecution agreement (NPA) entered into between the United States Attorney's Office for the Southern District of Florida and Jeffrey Edward Epstein. The review examined the circumstances under which the NPA was negotiated, the decision-making process within the Department of Justice, and whether proper procedures were followed in the handling of the case.
BACKGROUND: In 2005, the Palm Beach Police Department initiated an investigation into allegations that Jeffrey Epstein had sexually abused underage girls at his residence located at 358 El Brillo Way, Palm Beach, Florida. The investigation identified dozens of potential victims, many of whom were between the ages of thirteen and sixteen at the time of the alleged abuse. The case was referred to the FBI and the United States Attorney's Office for the Southern District of Florida, then headed by United States Attorney Alexander Acosta.
THE NON-PROSECUTION AGREEMENT: In September 2007, the U.S. Attorney's Office entered into an NPA with Epstein's defense team, which included attorneys Jay Lefkowitz, Kenneth Starr, Roy Black, Alan Dershowitz, Gerald Lefcourt, and Jack Goldberger. Under the terms of the agreement, Epstein would plead guilty to two state felony charges of solicitation of prostitution, one involving a minor, and would register as a sex offender. In exchange, the federal government agreed not to pursue federal sex trafficking charges against Epstein and granted immunity to unnamed co-conspirators.
KEY FINDINGS: The Inspector General's review examined several aspects of the NPA that raised concerns. First, the agreement was reached without notifying the identified victims, in apparent violation of the Crime Victims' Rights Act, 18 U.S.C. section 3771. In February 2019, Judge Kenneth Marra of the Southern District of Florida ruled in the case of Jane Doe 1 and Jane Doe 2 v. United States that the government had indeed violated the CVRA. Second, the scope of the immunity provision was unusually broad, covering potential co-conspirators who were not identified in the agreement and whose conduct was not fully investigated. Third, the involvement of senior Department of Justice officials in Washington, D.C., in the negotiation process was examined.
The review considered communications between the U.S. Attorney's Office and Epstein's defense counsel, internal DOJ memoranda, and the role of the Criminal Division's Public Integrity Section. The NPA allowed Epstein to serve thirteen months at the Palm Beach County Stockade with work release privileges, a sentence widely criticized as extraordinarily lenient given the scope and severity of the alleged conduct involving dozens of minor victims.
Source: DOJ Office of the Inspector General
Reference: NPA Review, Southern District of Florida