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Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 38 of 349 CHAPTER TWO THE NON-PROSECUTION AGREEMENT PART ONE: FACTUAL BACKGROUND I. OVERVIEW In the following sections in this chapter, the Office of Professional Responsibility (OPR) details the significant events leading to, and during, the federal investigation of Epstein; the negotiation and signing of the NPA; and the defense’s subsequent nine-month effort to stop the NPA from taking effect. OPR also describes more briefly the events occurring after Epstein pled guilty in state court, as the USAO sought to hold him to the terms of the agreement. In describing events, OPR relies heavily on contemporaneous documents, particularly emails. In many instances, the emails not only describe meetings and identify the participants, but also set forth the issues under discussion, the alternatives considered, and the basis for certain decisions. When helpful to explain the actions taken by the subjects, OPR also includes the subjects’ explanations as provided in their written responses to, or interviews with, OPR, or explanations provided by witnesses. A timeline of key events is set forth on the following page. II. MARCH 2005 — MAY 2006: EPSTEIN IS INVESTIGATED BY THE PALM BEACH POLICE DEPARTMENT AND THE PALM BEACH COUNTY STATE ATTORNEY’S OFFICE A. The Initial Allegations and the PBPD Investigation In March 2005, the parents of a 14-year-old girl reported to the PBPD that a man had paid their daughter $300 to give him a massage in his Palm Beach home.® The PBPD began investigating Epstein, identified as the recipient of the massage, and two of his personal assistants, who were also implicated by the complainant. The investigation soon expanded beyond the initial claim, to encompass allegations that during 2004 and 2005, Epstein, through his female assistants 6 As previously noted, “girls” refers to females under the age of 18. Epstein’s contacts with girls and young women previously had come to the attention of the PBPD. In March 2004, a PBPD officer documented a telephone complaint that a 17-year-old girl had been giving Epstein topless massages at his residence for several months for $200 per massage. The girl claimed that there were nude photos of other girls throughout Epstein’s home and offered to cooperate with a police investigation. The PBPD report relating to this complaint described the information as “unverified,” and it was not pursued. On November 28, 2004, the police received and recorded information that young women had been observed. coming and going from Epstein’s residence. The police suspected Epstein was procuring prostitutes, but because the PBPD did not have evidence that the women seen entering Epstein’s home were minors, and typically did not investigate prostitution occurring in private residences, it did not open an investigation into the matter. 11 DOJ-OGR-00004335