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It’s clear, from emails and other records, that prosecutors spent a lot of time
figuring out a way to settle the case with the least amount of scandal. Instead of
charging Epstein with a sex offense, prosecutors considered witness tampering
and obstruction charges, and misdemeanors that would allow Epstein to secretly
plead guilty in Miami instead of in Palm Beach County, where most of the victims
lived, thereby limiting media exposure and making it less likely for victims to
appear at the sentencing.
“Tve been spending some quality time with Title 18 [the U.S. criminal code]
looking for misdemeanors,” the lead prosecutor, A. Marie Villafafia, wrote to
Epstein’s lawyers on Sept. 13, 2007, adding that she was trying to find “a factual
basis” for one or more non-sex-related crimes to charge him with.
The email chain shows that prosecutors sometimes communicated with the
defense team using private emails, and that their correspondence referenced
discussions that they wanted to have by phone or in person, so that there would
be no paper trail.
“It’s highly unusual and raises suspicions of something unethical happening when
you see emails that say ‘call me, I don’t want to put this in writing.’ There’s no
reason to worry about putting something in writing if there’s nothing improper or
unethical in the case,” said former federal prosecutor Francey Hakes, who
worked in the Justice Department’s crimes against children unit.
On Sept. 24, 2007, another agreement was reached, but Epstein still wasn’t
happy with it, emails show.
Lefkowitz continued to pressure the U.S. Attorney’s Office to keep the agreement
secret, even though under the Crime Victims’ Rights Act, prosecutors were
required to inform the victims that a plea deal had been signed.
“We ... object to your sending a letter to the alleged victims,” Lefkowitz wrote on
Nov. 28. “... Any such letter would immediately be leaked to the press, your
actions will only have the effect of injuring Mr. Epstein and promoting spurious
civil litigation directed at him. We also request that if your office believes that it
must send a letter to go to the alleged victims ... it should happen only after Mr.
Epstein has entered his plea.”
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