On two separate occasions in recent months, Geoffrey Berman, U.S. Attorney for the Southern District of New York, has issued forceful public statements regarding the apparent failure of Britain’s Prince Andrew to cooperate in an ongoing investigation of alleged sex-trafficking by the late Jeffrey Epstein and his associates. Berman called upon Prince Andrew to live up to a purported undertaking to assist in the government’s inquiry by meeting with federal authorities to discuss his friendship and contacts with the deceased financier. In making these public remarks, Berman departed from the traditional practice of avoiding official comment related to ongoing investigations. This article will examine whether the U.S. Attorney’s unusual actions were justified under the circumstances, and some of the challenges that lawyers for the Prince will surely confront as the investigation continues.

The Events in New York and London

In an indictment unsealed in July 2019, the U.S. Attorney’s Office for the Southern District of New York charged Epstein with conspiracy to commit sex trafficking of minors, in violation of Title 18, United States Code, §1591 and related offenses. On Aug. 10, 2019, authorities found Epstein dead in his jail cell. U.S. Attorney Berman issued a statement that day asserting that “our investigation of the conduct charged in the Indictment—which included a conspiracy count—remains ongoing.” On August 12, Attorney General William Barr also vowed in a speech to “continue on against anyone who was complicit with Epstein.”

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