Epstein`s current lawyers will almost certainly argue that the old non-prosecution agreement prohibits SDNY`s new charges. Time will tell whether this argument will be persuasive to the federal judge in New York. The Justice Department found Thursday that former U.S. Labor Secretary Alexander Acosta, shown here at a cabinet meeting at the White House in 2019, displayed „poor judgment“ in the persecution of Jeffrey Epstein. Chip Somodevilla/Getty Images hide caption The 2008 agreement with Epstein has come under scrutiny in recent years following an investigation by the Miami Herald. Under the terms of the agreement, Epstein pleaded guilty and served a short stint in prison, where he was granted the daily work exemption. Under the agreement, Epstein served 13 months at the Palm Beach County Jail with a work permit during the day. He also had to register as a sex offender. „Acosta should have provided more effective coordination and communication during the negotiations and before the approval of the final non-follow-up agreement,“ he said. „The NPA was a unique resolution that required greater oversight and oversight than those provided by Acosta.“ In a summary of the investigation, officials said that none of the lawyers involved in the agreement committed wrongdoing in their interactions with victims, because there is no „clear and unequivocal duty“ to consult victims before consulting them in the non-prosecution agreement. Nevertheless, the investigators found that Acosta „completed the federal investigation before significant steps of the investigation were completed“ and „agreed to several unusual and problematic conditions with the (non-prosecution) agreement that was necessary in the circumstances,“ according to a 13-page summary released Thursday that severely reprimanded Acosta, but did not find that he had broken the law. Acosta also takes a walk to several of Epstein`s conspirators: „The United States also agrees that it will not bring criminal charges against possible Epstein conspirators, including, but not only, Sarah Kellen, Adriana Ross, Lesley Groff or Nadia Marcinkova.“ I don`t even understand what it means to extend immunity to other anonymous conspirators. Moreover, it is extremely unusual – not to mention what is entirely inappropriate – to grant immunity to a single block of persons, namely and unnamed, in the agreement of non-persecution of a single accused.
None of this was added up, at least not through the prism of the prosecutor`s normal practices and ethical rules. As part of the 2008 Non-Prosecution Agreement, also known as NPA, Epstein pleaded guilty to recruiting and obtaining a minor to prostitute himself in Florida. This allowed him to avoid a possible life sentence instead of serving 13 months in an exit program. He had to pay the victims and register as a sex offender. The department explained that Epstein`s victims were not federal prosecutors, but were not treated with the sincerity and sensitivity they deserved. She added that Acosta`s decision to resolve the federal investigation by the non-prosecution agreement was „poor judgment.“ Nor did the report find that a well-known breakfast meeting in 2007 with one of Epstein`s lawyers led to the non-persecution agreement signed weeks earlier, „or another important decision that benefited Epstein.“ Surveys audited by the Office of Professional Responsibility show that prosecutors have weighed their concerns about the credibility of witnesses and the impact of a trial on victims, as well as Acosta`s concerns about the good role of the Department of Justice in prosecuting procurement-related crimes. The OPR investigation focused on two aspects of the Epstein case: whether prosecutors committed a fault by focusing the allegations by a non-prosecution agreement and if they did not keep the victims in line with the progress of the case.