Federal judge rules that Epstein’s death protects secret non-prosecution pact

WEST PALM BEACH -- When convicted sex offender Jeffrey Epstein killed himself in a New York City jail cell last month, a lawsuit his victims filed to expose federal prosecutors' mishandling of his case died with him, a federal judge ruled Monday.

In a 15-page order, U.S. District Judge Kenneth Marra said Epstein's death means he can't throw out a once-secret agreement that allowed the 66-year-old financier to escape federal prosecution for sexually abusing dozens of teenage girls at his Palm Beach mansion.

"As a result of Mr. Epstein's death, there can be no criminal prosecution against him and the Court cannot consider granting this relief to the victims," Marra wrote.

Further, while the controversial non-prosecution agreement also gave immunity to four women and unnamed others who helped the politically-connected millionaire recruit, groom or use teens for sex, Marra said he can't waive the protection they received.

During the 11 years the lawsuit raged, none of the women or the others who were shielded from prosecution ever weighed in, Marra wrote.

"Since the alleged co-conspirators are not parties to this case, any ruling this Court makes that purports to affect their rights under the NPA would merely be advisory," he said.

Federal judges are prohibited from issuing advisory opinions.

Instead, Marra said, the validity of the agreement could be raised by Epstein's co-conspirators, including his longtime friend, British socialite Ghislaine Maxwell, and his longtime assistants Sarah Kellen and Nadia Marcinkova, if they are ever prosecuted in connection with their work at Epstein's sprawling home on El Brillo Way.

While noting that Epstein's accusers "are not receiving much, if any, of the relief they sought," Marra insisted that doesn't mean their efforts to expose the sweetheart deal were in vain.

The women convinced Marra that their rights under the federal Crime Victims' Rights Act were breached when federal prosecutors failed to tell them they planned to let Epstein plead guilty to state prostitution charges. In return, prosecutors agreed not to charge Epstein with a 53-page federal indictment that could have sent him to prison for decades.

The lawsuit Epstein's accusers filed brought national attention to the little-known federal law and forced the U.S. Department of Justice to acknowledge that it hasn't always treated victims fairly, Marra wrote.

More importantly, Marra said, it may have spurred prosecutors in New York City to act.

Months after Marra ruled that South Florida federal prosecutors violated Epstein's victims' rights, prosecutors in Manhattan charged Epstein with child sex trafficking. When Epstein hung himself in a New York City jail he was awaiting trial on charges that could have sent him to prison for 45 years.

Paul Cassell, a law professor at the University of Utah who represented Epstein's accusers, said he and Fort Lauderdale attorney Bradley Edwards may appeal Marra's decision.

"We're disappointed that no action will be taken to remedy the violation of the victims' rights act," Cassell, a former federal judge, said in a statement.

Miami attorney Roy Black, who represented Epstein in the civil lawsuit and on criminal charges that stemmed from his molestation of teens, had mixed reactions to Marra's ruling.

"Judge Marra, as usual, has ruled in a scholarly, well written opinion," Black said in a statement.

But, he said, it was unfortunate that because of Epstein's death Marra wasn't able to address "the appropriateness of the non-prosecution agreement."

"I believe his ruling on it would have ended much of the unfair and biased coverage of how it occurred and perhaps could have limited some of the wild conspiracy theories surrounding it," he wrote.

In the wake of Epstein's arrest in July, national and international attention was focused on the lurid lifestyle of the man whose social circle included future President Donald Trump, former president Bill Clinton, Britain'sPrince Andrew and other high-profile men, including scientists and celebrities.

U.S. Labor Secretary Alex Acosta resigned his Cabinet-level post in July, two days after he held a nationally-televised press conference, insisting he did nothing wrong as South Florida U.S. attorney when he signed off on the non-prosecution agreement.

Acosta blamed former Palm Beach County State Attorney Barry Krischer for not taking the allegations against Epstein seriously when Palm Beach police brought the case to him in 2005. Initially, Krischer planned to charge Epstein only with aggravated battery and allow him to be placed on probation.

Krischer, who fired back at Acosta and accused him of trying to "rewrite history," ultimately allowed Epstein to plead guilty to soliciting a minor for prostitution and solicitation of prostitution. Epstein was forced to register as a sex offender and settle lawsuits filed against him by more than two dozen women.

Epstein served 13 months of an 18-month sentence in a largely vacant wing of the Palm Beach County Stockade -- a cell he was allowed to leave 12 hours a day, six days a week.

When allegations surfaced that Epstein had sex while on work release, Gov. Ron DeSantis last month ordered the Florida Department of Law Enforcement to investigate how the Palm Beach County Sheriff' Office handled Epstein. The broad investigation could eventually lead to a re-examination of Krischer's decision-making as well.

In his ruling, Marra declined to order Acosta to meet with Epstein's victims as they had requested. "The Court has no jurisdiction over Alexander Acosta, the former U.S. Attorney, who is now a private citizen," he wrote.

Likewise, he rejected the women's request for damages or attorneys fees, saying neither are allowed under the Crime Victims' Rights Act. He rejected the notion that prosecutors acted in bad faith.

Marra also said he wouldn't hold a hearing to allow Epstein's accusers to publicly describe their abuse. He noted that his counterpart in New York had opened his courtroom to them in the wake of Epstein's death.

And, he said, federal prosecutors have agreed to meet with the young women - an offer he said he expects them to honor. If the women want their comments to be made publicly, they can invite the news media to that future meeting, he said.

Even as investigations swirl in New York, New Mexico and elsewhere about Epstein's vast web of connections to the rich and powerful and into others who may have facilitated his abuse of teens, Marra voiced hope that his ruling would bring finality to one part of the sordid case.

"This order brings to an end this lengthy and contentious litigation," he concluded.

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