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Case 1:20-cr-00330-PAE Document 204-3 Filed 04/16/21 Page 228 of 348 for some victims, learning of the Epstein investigation and possible exposure of their identities caused them emotional distress. Overall, many of the victims were troubled about the existence of the investigation. They displayed feelings of embarrassment and humiliation and were reluctant to talk to investigators. Some victims who were identified through the investigation refused even to speak to us. Our concerns about the victims’ well-being and getting to the truth were always at the forefront of our handling of the investigation. The case agent told OPR that although she encountered victims who were “strong” and “believable,” she did not encounter any who vigorously advocated for the prosecution of Epstein. Rather, “they were embarrassed,” “didn’t want their parents to know,” and “wanted to forget.””* As of September 24, 2007, the date the NPA was signed, Villafafia informed Epstein attorney Lefkowitz that she had compiled a preliminary list of victims including “34 confirmed minors” and 6 other potential minor victims who had not yet been interviewed by the FBI.7*4 Although the government had contacted many victims before the NPA was signed, Villafafia acknowledged during the CVRA litigation that “individual victims were not consulted regarding the agreement.” B. Before the NPA Is Signed, Villafafia Expresses Concern That Victims Have Not Been Consulted Before the NPA was signed, Villafafia articulated to her supervisors concerns about the government’s failure to consult with victims. 1. July 2007: Villafaiia’s Email Exchanges with Menchel In July 2007, Villafafia learned that Menchel had discussed with defense counsel Sanchez a possible state resolution to the federal investigation of Epstein. Villafafia was upset by this information, and sent a strongly worded email to Menchel voicing her concerns. (A full account of their email exchange is set forth at Chapter Two, Part One, Section IV.A.2.) In that email, she told him that it was “inappropriate [for you] to make a plea offer that you know is completely unacceptable to the FBI, ICE, the victims, and me. These plea negotiations violate . . . all of the 283 The case agent also noted that the victim who became CVRA petitioner Jane Doe #2 had expressed in her April 2007 video-recorded FBI interview her opinion that “nothing should happen to Epstein.” 284 The “victims’ list” for purposes of the NPA was intended to include the names of all individuals whom the government was prepared to name in a charging document “as victims of an offense enumerated in 18 U.S.C. § 2255.” Although the charges Villafafia proposed on May 1, 2007, were based on crimes against 13 victims, thereafter, as explained in Chapter Two of this Report, she continued to revise the proposed charges, adding and removing victims as the federal investigation developed further evidence. At the time the NPA was signed, the proposed charges were based on crimes against 19 victims, but others had been identified for potential inclusion. 202 DOJ-OGR-00003404