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Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 25 of 348 B. Because the Federal Investigation Continued after the NPA Was Signed, the FBI Letters Were Accurate but Risked Misleading Victims regarding the Status. of the Federal, WVGs O00 concn: occ armas or amen mee 263 IV. ACOSTA’S DECISION TO DEFER TO THE STATE ATTORNEY’S DISCRETION WHETHER TO NOTIFY VICTIMS ABOUT EPSTEIN’S STATE COURT PLEA HEARING DID NOT VIOLATE A CLEAR OR UNAMBIGUOUS STANDARD; HOWEVER, ACOSTA EXERCISED POOR JUDGMENT BY FAILING TO ENSURE THAT VICTIMS IDENTIFIED IN THE FEDERAL INVESTIGATION WERE ADVISED OF THE STATE PLEA HEARING ...... 265 A. Acosta’s Decision to Defer to the State Attorney’s Discretion Whether to Notify Victims about Epstein’s State Court Plea Hearing Did Not Violate Any Clear or Unambiguous Standard .............:ecceeeeeseeeeeeeeseeeeneeeeeeeennees 265 B. Acosta Exercised Poor Judgment When He Failed to Ensure That Victims Identified in the Federal Investigation Were Informed of the State Plea Hearinng..........eeeseeeeeeescecececeneeeseeeseeecseeceaeeseneesaeecaeeeseessneesaeessaeeenneenes 269 V. VILLAFANA DID NOT COMMIT PROFESSIONAL MISCONDUCT IN HER ORAL COMMUNICATIONS TO VICTIMS AND VICTIMS’ ATTORNEYS, IN WHICH SHE DESCRIBED THE CASE AS “UNDER INVESTIGATION” BUT DID NOT DISCLOSE THE EXISTENCE OF THE NPA TO SOME WICTIMGG nn tcc CRE CRO EERO HeREMREGRON KeNacarEARoRI EnaeRMNNG Wis Als VI. THE GOVERNMENT FAILED TO TREAT VICTIMS FORTHRIGHTLY AND WITH SENSITIVITY WHEN IT FAILED TO TIMELY PROVIDE VICTIMS WITH IMPORTANT INFORMATION ABOUT THE RESOLUTION OF THE FEDERAL INVESTIGATION W.... ee ceee cece cece eeeseeeneeeensseecnseeecnseeeenseeeenneeeenneeeennees 280 CONCLU SIO Nice cnmemenans aomammienaas aravaemreniaNn rome emONaMENENESNS HroeONTRIND daemRemMNETbOND aes 283 METHODOLOGY ooo. eee ceeee eens ee eens ee eeeeeesaeeeesaeeessaeessaaesnsauesnsauecnsueeensueeenseeeesseeeenseeeenanees 287 Exhibit 1: State Indictment Exhibit 2: September 6, 2007 Draft Non-Prosecution Agreement Exhibit 3: September 24, 2007 Non-Prosecution Agreement Exhibit 4: Addendum to the Non-Prosecution Agreement Exhibit 5: State Information XXlll DOJ-OGR-00003201