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I. IV. Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 20 of 348 OPR FOUND THAT NONE OF THE SUBJECTS VIOLATED A CLEAR AND UNAMBIGUOUS STATUTE, PROFESSIONAL RESPONSIBILITY RULE OR STANDARD, OR DEPARTMENT REGULATION OR POLICY, IN NEGOTIATING, APPROVING, OR ENTERING INTO THE NPA 1... eee 134 A. U.S. Attorneys Have Broad Discretion to Resolve Investigations or Cases as They Deem Appropriate, and Acosta’s Decision to Decline to Prosecute Epstein Federally Does Not Constitute Professional MUISCONCUCT..... eee eeeeeeeseeesecnsecnsesaeesaeeeeaecnaecnaesaeesaeeseeatenaessaesseesaeeseeeatenaeenaesaee 135 B. No Clear and Unambiguous Standard Precluded Acosta’s Use of a Non-Prosecution Agreement to Resolve the Federal Investigation Of Epstein... eecceeeceeeeceeeeeeeeeseeecsaeceeesseeesneecnaecaeeseeessneesaeecaeeseeesneeseessaeeneneesnee 136 CG. The NPA’s Individual Provisions Did Not Violate Any Clear and Unambiguous Standards ............eccesceeeeeesececececeeeeeeneeeneecaeenseeseneesaeecsaeeneeseneeeanees 137 1. Acosta Had Authority to Approve an Agreement That Required Epstein to Plead to Offenses Resulting in an 18-Month Term of THOATCRTAUOR cscs cxceriesin contin cssreooun savsst cents aRIUSWS da.SNatae SOI aR UN 137 2. The USAO’s Agreement Not to Prosecute Unidentified “Potential Co-Conspirators” Did Not Violate a Clear and Unambiguous Department Policy ..........cccecesceeeeeeeeeseeeceeeeeeeeeneesaeecuecaeeeeneesaeersasenenessees 139 3. The NPA Did Not Violate Department Policy Relating to Deportation of Criminal Aliens .0..........ecceeceeeeeeeeeeceeeceneeeeneeeaeesnaeenenenenee 140 THE EVIDENCE DOES NOT ESTABLISH THAT THE SUBJECTS WERE INFLUENCED BY IMPROPER MOTIVES TO INCLUDE IN THE NPA TERMS FAVORABLE TO EPSTEIN OR TO OTHERWISE EXTEND BENEP EUS TO EPST El Norwscesss: scmsmmncmaswn acenenweceenss sce SaNSN McatROR SCRE SeARTANRSRIMRTR Se 140 A. OPR Found No Evidence of Criminal Corruption, Such as Bribery, Gratuity, or Illegal Political or Personal Consideration .............cccceeceeeeeeeeeeeeeeneeeneeeeneeenes 141 B. Contemporaneous Written Records and Witness and Subject Interviews Did Not Reveal Evidence Establishing That the Subjects Were Improperly Influenced by Epstein’s Status, Wealth, or Associations ................. 142 1. The Contemporaneous Records Did Not Reveal Evidence Establishing That the NPA Resulted from Improper Factors .................. 142 De The Subjects Asserted That They Were Motivated by Reasonable Strategic and Policy Considerations, Not Tmproper Influences «0.2... eeeeeeeeececeeeeeeeeeeeesaeeceaeecaeeeneeeeneesaeessaeeneeesnes 143 3. Subject and Witness Interviews and Contemporaneous Records Identified Case-Specific Considerations Relating to Evidence, Legal Theories, Litigation Risk, and a Trial’s Potential Impact ON VICTIMS 000... eeeeseensecnseseeeseesseenaecnsesseesaesseeeaeenaecnaesaeesaeeseesatenaeenaesaee 144 C. Other Significant Factors Are Inconsistent with a Conclusion That the Subjects’ Actions Were Motivated by Improper Influences.................: ee 149 XVIil DOJ-OGR-00003196