The U.S. Department of Justice has intervened to, in effect, protect the identities of two party associates. These women accepted big dollar settlements from their former boss the dead sex trafficker Jeffrey Epstein. Those payments made in 2018 are drawing scrutiny. This is in no small part because of Epstein’s criminal history and the high-profile, ongoing legal actions against him. Epstein died in 2019. Prior to his death, he brokered an unprecedented deal in Florida with a plea agreement that offered almost complete immunity from prosecution by any federal prosecutors to the same individuals.
In 2008, Epstein negotiated a scandalous non-prosecution agreement in Florida that let him avoid severe prosecution. Just as part of this deal, he got federal prosecutors to agree in writing. This announcement served as a declaration that two unidentified aides would not be prosecuted. After the Miami Herald began releasing a series of investigative pieces attacking Epstein’s sweetheart plea deal in 2018, he moved fast to defend himself. Only a few days after that, he began funneling payments of $100,000 and $250,000 to his cronies.
These types of financial transactions are now under unprecedented scrutiny. Following Epstein’s indictment and arrest in New York in July 2019, federal prosecutors argued that these payments illustrated his efforts to bribe future witnesses. They claimed this tactic was emblematic of his overall strategy. Their memorandum went on to provide the strongest arguments for keeping Epstein in custody. This ruling is intended to keep him from intimidating witnesses and manipulating the evidence.
“This course of action, and in particular its timing,” – U.S. Attorney’s Office
The U.S. Attorney’s Office stressed that Epstein made the payments in a purposeful effort to influence his co-conspirators. This decision followed a slew of renewed allegations about his behavior starting to leave the ground.
With Epstein’s death, criminal proceedings against him officially came to an end. His case is over, but the Justice Department has said that no other third parties will be charged in connection with his case. We’ve argued in court — along with NBC News — that these names should and must be made public — that there is absolutely no reason to keep them secret. They contend that disclosure is warranted given the extraordinary public interest in this case, which continues to grow.
Jay Clayton, representing the Justice Department, argued against granting the request. Plus, he said, we have to protect the privacy of the people who are part of the program.
“Individual-1 and Individual-2 are uncharged third parties who have not waived their privacy interests; indeed, both Individual-1 and Individual-2 have expressly objected to the unsealing of their names and personal identifying information in the July 2019 Letter.” – Jay Clayton
These letters really articulate their concerns, which is great to see. They’re still sealed, making an already complex case even more complicated. The man presiding over these extraordinary proceedings is U.S. District Judge Richard Berman. He is currently considering the arguments put forward by both the Justice Department and NBC News.
Yet Epstein’s legacy—as a financier, philanthropist, entrepreneur, and scientist—is marred by a long history of alleged sexual abuse and trafficking. Today, we need to take stock of what his financial transactions leading up to his death mean. The court’s decisions regarding unsealing names set a very strong precedent. They ring true with astonishing clarity not just in the legal community but with advocates for victims of sex trafficking.