Unprecedented Civil Liability Clause in Epstein Deferred Prosecution Agreement

KIRKLAND & ELLIS LLP Mr. Epstein is Required to Ag ree to Civil Liability In Order to Avoid a Federal Indictment 10. 11. On July 31, 2007, during negotiations over a possible federal plea agreement, FAUSA Sloman and AUSA Villafana demanded that Mr. Epstein agree to the imposition of civil lability under 18 U.S.C. § 2255 as a pre-condition to deferral of federal prosecution. To the best of our knowledge, the inclusion of such a term in a deferred prosecution agreement of this kind is absolutely unprecedented? Specifically, Ms. Villafana demanded that Mr. Epstein waive the right to contest civil liability to a list of individuals she said were “victims” of § 2255, whose names, however, she refused to disclose, and agree to pay damages of a minimum of $150,000 to each and every one of such undisclosed individuals, and hire an attorney to represent them if they decided to sue him. See Tab 20, July 31, 2007 Draft of Deferred Prosecution Agreement. FAUSA Sloman and AUSA Villafana insisted that the identities of the individuals on the list not be disclosed to Mr. Epstein or his counsel until after Mr. Epstein was already sentenced in the state case. (a) Over the next two months, Mr. Sloman refused to negotiate these terms. They ultimately became incorporated into the final deferred prosecution agreement. See Tab 21, September 24, 2007 Non-Prosecution Agreement, {{ 7-11. (b) It was not until seven months later, in February 2008, that Epstein’s lawyers were able to take their first official statement from one of the women FAUSA Sloman alleged were minor victims of federal offenses. (c) This statement, a deposition of | the initial complainant in the state case, taken in the presence of her lawyer, proved that none of the necessary elements for any federal charge could be satisfied based on bricf contact with Mr. Epstein. The witness also admitted lying to Mr. Epstein, testifying that she told him that she was an adult and wanted him to believe that she was an adult. See Tab 13, (deposition), p. 35 (“Q. So you told Jeff that you were 18 years old, correct? A. Yes.”), 37 (“Q. You wanted Mr. Epstein to believe that you really were 18, right? A. Correct.”). (d) Shortly after this deposition, the defense was able to obtain statements from other women on Mr. Sloman’s so called “list of § 2255 victims” and, so far, all such statements also continue to demonstrate that Mr. Sloman’s repeated representations to the defense about the existence of federal jurisdiction were false. understand that Villafana was recently reprimanded at a special hearing convened by a United States District Judge in the West Palm Beach Division of the Southern District of Florida, for making misrepresentations during a prior sentencing proceeding. In fact, Stephanie Thacker, a former deputy to CEOS Chief Drew Oosterbaan, has stated that she knew of no other case like this being prosecuted by CEOS. HOUSE_OVERSIGHT_012162