FBI Interview: Acosta on NPA Decision

From: Federal Bureau of InvestigationTo: DOJ Office of Professional Responsibility
FBI InterviewAlexander AcostaNPA Review
FBI INTERVIEW SUMMARY — ALEXANDER ACOSTA Subject: Alexander Acosta, former U.S. Attorney, Southern District of Florida Date: July 2019 Conducted by: FBI / DOJ Office of Professional Responsibility BACKGROUND: Following Jeffrey Epstein's July 2019 arrest on federal sex trafficking charges in the Southern District of New York, the Department of Justice Office of Professional Responsibility (OPR) launched a review of the 2008 non-prosecution agreement (NPA) negotiated by the U.S. Attorney's Office for the Southern District of Florida under then-U.S. Attorney Alexander Acosta. KEY AREAS OF INTERVIEW: DECISION TO OFFER THE NPA Acosta was questioned about the factors that led to the decision to offer Epstein a non-prosecution agreement rather than pursue federal charges. Acosta stated that the office believed a state prosecution with a guaranteed jail sentence was preferable to the uncertainty of a federal trial, given evidentiary challenges and the potential for victims to face cross-examination. VICTIM NOTIFICATION REQUIREMENTS The interview addressed whether the U.S. Attorney's office complied with the Crime Victims' Rights Act (CVRA) in failing to notify identified victims before finalizing the NPA. Acosta acknowledged that victims were not notified in advance but stated the office believed it was not required at that stage. ALLEGED INTELLIGENCE CONNECTIONS Acosta reportedly told the White House transition team in 2017 that he was told Epstein "belonged to intelligence" and to "leave it alone." The FBI interview explored this claim and the extent to which intelligence considerations may have influenced prosecution decisions. RESIGNATION Acosta resigned as Secretary of Labor on July 19, 2019, days after this interview, amid renewed public scrutiny of the Epstein NPA. Source: DOJ OPR Report / FBI Records Available at: https://www.justice.gov/opr

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