The Mercury News Weekend

Justice Dept.: ‘Poor judgment’ was used in Epstein plea deal

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WASHINGTON >> A Justice Department report has found former Labor Secretary Alex Acosta exercised “poor judgment” in handling an investigat­ion into wealthy financier Jeffrey Epstein when he was a top federal prosecutor in Florida. But it also says that he did not engage in profession­al misconduct.

The report, obtained by The Associated Press, is a culminatio­n of an investigat­ion by the Justice Department’s Office of Profession­al Responsibi­lity into Acosta’s handling of a secret plea deal with Epstein, who had been accused of sexually abusing dozens of underage girls.

Though the report faulted Acosta for his judgment, it concluded that his actions in arranging the deal did not constitute misconduct, and that none of the prosecutor­s involved committed misconduct in their interactio­ns with the victims. The conclusion­s are likely to disappoint the victims, who have long hoped the internal investigat­ion would hold Justice Department officials accountabl­e for actions they say allowed Epstein to escape justice.

In a statement, Acosta expressed vindicatio­n at the report’s conclusion that he had not committed misconduct, saying it “fully debunks” allegation­s that he had cut a sweetheart deal for Epstein. He said the report confirmed that his decision to open an investigat­ion into Epstein had resulted in a jail sentence and a sex offender registrati­on for the financier.

Under the 2008 non-prosecutio­n agreement – also known as an NPA – Epstein pleaded guilty to state charges in Florida of soliciting and procuring a minor for prostituti­on. That allowed him to avert a possible life sentence, instead serving 13 months in a work-release program. He was required to make payments to victims and register as a sex offender. Epstein was later charged by federal prosecutor­s in Manhattan for nearly identical allegation­s in 2019, but he took his own life while in federal custody as he awaited trial.

In a separate statement, Marie Villafana, who was the lead prosecutor in the investigat­ion, said she was pleased that OPR had completed the report but was “disappoint­ed that it has not released the full report so the victims and the public can have a fuller accounting of the depth of interferen­ce that led to the patently unjust outcome in the Epstein case.

“That injustice, I believe, was the result of deep, implicit institutio­nal biases that prevented me and the FBI agents who worked diligently on this case from holding Mr. Epstein accountabl­e for his crimes,” she said.

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