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Case 9:08-CAS® 23 KAIMO49OcRMEnt 2deczmMeniched orFteSS DoE o7RAGeR Sf Page 8 of 20
see also, e.g., Association For Children for Enforcement of Support, Inc. v. Conger, 899 F.2d
1164, 1165 (11th Cir. 1990). Under the doctrine, “[a] claim is not ripe when it is based on
speculative possibilities,” In re Jacks, 642 F.3d 1323, 1332 (11th Cir. 2011), such as if the claim
“rests upon contingent future events that may not occur as anticipated, or indeed may not occur
at all,’” Atlanta Gas Light Co. v. FERC, 140 F.3d 1392, 1404 (11th Cir. 1998) (quoting Texas v.
United States, 523U.S. 296, 300 (1998)). Indeed, “[t]he ripeness doctrine is designed to prevent
federal courts from engaging in such speculation and prematurely and perhaps unnecessarily
reaching constitutional issues.” Pittman, 267 F.3d at 1280.
In these proceedings, the Petitioners have sought to set aside the Non-Prosecution
Agreement between Epstein and the USAO-SDFL so that Petitioners can “confer with the
attorney for the Government” about the possible filing of federal criminal charges against
Epstein and the potential disposition of any such charges. See, e.g., July 11, 2008 Hr’g Tr. at 6-7
(seeking an “[o]rder that the [non-prosecution] agreement that was negotiated is invalid” so that
Petitioners can exercise the right to confer with the government); id. at 19-20, 24; 18 U.S.C.
§ 3771(a)(5); see also DE 1 at 2 7 5 (claiming that Petitioner was “denied her rights” under the
CVRA because she “received no consultation with the attorney for the government regarding the
possible disposition of the charges’’).
Notwithstanding the Non-Prosecution Agreement, Petitioners are and have been free to
confer with attorneys for the government about the investigation and potential prosecution of
Epstein. At least one attorney for the government (Assistant United States Attorney Villafafia
from the USAO-SDFL) had spoken to Petitioners about the offenses committed against them by
Epstein prior to the signing of the Non-Prosecution Agreement, see, e.g., July 11, 2008 Hr’g Tr.
at 22 (acknowledging that prosecutors spoke to Petitioners “about what happened” to them); DE
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Document Details
| Filename | DOJ-OGR-00000312.jpg |
| File Size | 752.1 KB |
| OCR Confidence | 94.1% |
| Has Readable Text | Yes |
| Text Length | 2,170 characters |
| Indexed | 2026-02-03 16:00:03.107113 |