SDNY Prosecutors Blast Epstein's Proposed Bail Conditions, Urge Pretrial Confinement
Prosecutors argued that Jeffrey Epstein should remain in a federal detention facility, where he's been held since his arrest last Saturday at Teterboro Airport in New Jersey.
July 12, 2019 at 06:12 PM
6 minute read
Federal prosecutors in the Southern District of New York on Friday evening blasted a proposed bail package from Jeffrey Epstein's lawyers, which would have him wait out a trial on sex trafficking and conspiracy charges from his $77 million Manhattan townhouse, saying it would do nothing to ensure his appearance in court or protect the community.
In a memo filed Friday evening, prosecutors argued that Epstein instead should remain in a federal detention facility, where he's been held since his arrest last Saturday at Teterboro Airport in New Jersey.
Epstein, they said, was worth more than $500 million and earns at least $10 million per year, according to records obtained from an unnamed financial institution.
Prosecutors also alleged Epstein had intimidated witnesses and wielded his resources to influence those familiar with his alleged crimes. According to the filing, he used a trust account under his control to wire a total of $350,000 to alleged co-conspirators in the days after The Miami Herald began publishing a series of articles last year digging into his past crimes.
The filing said Epstein was a “serial sexual predator,” with a history of obstruction and intimidating witnesses, and claimed that a ”rapidly-expanding” body of evidence against the wealthy financier—and the possibility of spending the rest of his life in prison—rendered the defense's proposed conditions “woefully inadequate.”
“Rather than even attempting to address the grave risks of releasing a defendant with extraordinary financial resources and a history of abusing minors, the defendant instead proposes a bail package that amounts to little more than a barely-secured bond masquerading as a 14-point plan,” the filing said.
If convicted on the current charges, Epstein faces up to 45 years behind bars.
Epstein's attorneys had asked U.S. District Judge Richard M. Berman in a court filing Thursday to release their client on a bond, which could be secured by a mortgage on Epstein's massive mansion on Manhattan's Upper East Side, as well as by his private jet.
The filing proposed 14 conditions for Epstein's pretrial release, including the use of surveillance cameras, GPS monitoring, grounding his plane and deregistering all other forms of transportation.
They argued that Epstein had maintained a “spotless” record since pleading guilty in 2005 to two state prostitution charges in Florida, stemming from an earlier investigation by the U.S. Attorney's Office in Miami into similar allegations that he had paid underage girls to participate in sexual encounters. Epstein, they said, had an “exemplary” history of sex-offender registration and reporting, and was not a threat to flee.
Prosecutors, however, have said that the former fund manager's vast resources and history of sexual offenses made him both a flight risk and a danger to the community. A bail hearing is scheduled for 10 a.m. Monday morning before Berman.
“Because there are no set of conditions short of incarceration that can reasonably assure the appearance of the defendant or reasonably protect the community from the dangers he poses if released, the Court should order him detained,” they said.
The government's filing came one day after Berman allowed Epstein's defense team to file Epstein's financial information under seal ahead of the hearing.
Prosecutors on Thursday asked for a 24-hour delay to file their response, saying that they had not previously seen financial disclosures related to the bail request. But Berman denied the request Friday morning, with a note saying it was “hard to imagine” they would need that much time to review the submission.
Epstein was arrested July 6 in New Jersey on federal sex trafficking and conspiracy charges. According to an indictment, unsealed on Monday, Epstein paid girls as young as 14 years old from 2002 to 2005 to perform nude or semi-nude massages, which became “increasingly sexual” in nature, with Epstein typically masturbating and molesting his victims.
Epstein would also pay some victims “hundreds of dollars” to recruit other young girls to the network, allowing Epstein to create “an ever-expanding web of new victims,” prosecutors said.
Epstein's arrest on fresh child sex trafficking charges has drawn renewed scrutiny to a secret plea deal his defense team reached a decade ago with the U.S. Attorney's Office for the Southern District of Florida, which shielded Epstein from federal prosecution in a case alleging he ran a child sex ring out of his Palm Beach estate.
In exchange for the deal, Epstein pleaded guilty to two prostitution charges in state court, and served 13 months in a Palm Beach County, Florida, jail, where he had work-release privileges and was allowed to continue managing clients' money during the day. Epstein had faced a possible life sentence if convicted on federal charges, and his alleged co-conspirators were never charged.
Earlier this year, a Florida federal judge ruled that in 2008, then-U.S. Attorney Alex Acosta violated federal law by keeping the agreement secret from Epstein's victims. The Justice Department has opened an investigation into the prosecutor's handling of the deal after a series of articles by the Miami Herald drew renewed attention to the case.
Acosta, who had been serving as U.S. labor secretary under President Donald Trump, resigned Friday amid the controversy.
Epstein's new lawyers claim the nonprosecution agreement was a “global settlement” that barred prosecutors in New York from pursuing new charges stemming from the same conduct covered under the earlier agreement. Epstein, they said, planned to fight the charges on the merits, as well as on due-process grounds.
U.S. Attorney Geoffrey S. Berman has said the Southern District is not bound by the agreement.
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