The Non-Prosecution Agreement (NPA)
U.S. Attorney's Office, Southern District of Florida | Case Reference: 06-60004-CR
The Palm Beach Investigation (2005-2006)
Initial Complaint
In March 2005, the mother of a 14-year-old girl contacted the Palm Beach Police Department to report that her daughter had been taken to Jeffrey Epstein's Palm Beach mansion and paid $300 for a sexual encounter. The Palm Beach PD opened an investigation under Chief Michael Reiter.
Palm Beach Police Investigation
Detective Joseph Recarey led the investigation, ultimately identifying at least 36 underage victims. The investigation documented a sophisticated recruitment pyramid in which victims were paid to bring new girls to Epstein's mansion. Police executed a search warrant on Epstein's Palm Beach estate in October 2005 and found hidden cameras, photographs of nude young women, and phone messages.
State Attorney's Refusal to Prosecute
Despite the police investigation identifying dozens of victims, Palm Beach County State Attorney Barry Krischer declined to file felony charges. Instead, Krischer's office presented a single charge of solicitation of prostitution to a grand jury -- treating the 14-year-old victims as prostitutes rather than victims of sex crimes. Chief Reiter, frustrated by Krischer's handling, referred the case directly to the FBI.
FBI Investigation
The FBI's Miami Field Office launched a federal investigation, expanding the scope significantly. Federal agents identified additional victims and witnesses across multiple states. The investigation produced a 53-page federal indictment draft charging Epstein with multiple counts of sex trafficking of minors -- charges that carried potential life sentences.
Terms of the Non-Prosecution Agreement
In September 2007, U.S. Attorney Alexander Acosta signed a Non-Prosecution Agreement with Epstein's defense team, led by a team of high-profile attorneys including Jay Lefkowitz, Kenneth Starr, Alan Dershowitz, Gerald Lefcourt, and Roy Black. The agreement had the following key provisions:
- [01]State Plea in Lieu of Federal Charges
Epstein would plead guilty to two state felony charges: solicitation of prostitution and procurement of minors for prostitution. Federal sex trafficking charges, which carried potential life sentences, would not be filed.
- [02]18-Month County Jail Sentence
Epstein was sentenced to 18 months in the Palm Beach County Stockade. He was granted work release, allowing him to leave the facility for up to 12 hours per day, six days a week, to work at his office in downtown West Palm Beach. He ultimately served approximately 13 months. The "work release" arrangement was later described by the Palm Beach County Sheriff's Office as unprecedented in its leniency.
- [03]Sex Offender Registration
Epstein was required to register as a sex offender in the state of Florida. This was the most lasting visible consequence of the plea.
- [04]Immunity for Co-Conspirators
The most controversial provision: the NPA granted federal immunity not only to Epstein but to "any potential co-conspirators" -- without naming them. This blanket immunity clause effectively shielded anyone who had participated in or facilitated the trafficking operation from federal prosecution.
- [05]Concealment from Victims
The NPA was negotiated in secret, without notifying the identified victims as required by the Crime Victims' Rights Act (CVRA). Victims learned of the plea deal only after it had been finalized. Federal prosecutors actively concealed the agreement from the victims, telling them the investigation was still ongoing.
Timeline
The mother of a 14-year-old girl contacts Palm Beach Police after her daughter is paid $300 for a sexual encounter at Epstein's mansion.
Palm Beach Police execute a search warrant on Epstein's Palm Beach estate, seizing cameras, photographs, and communications records.
After Palm Beach County State Attorney Barry Krischer declines to file felony charges, Chief Michael Reiter refers the case to the FBI, circumventing the state prosecutor.
FBI Miami Field Office conducts extensive federal investigation, identifying additional victims. Federal prosecutors draft a 53-page indictment charging sex trafficking of minors.
U.S. Attorney Alexander Acosta signs the NPA with Epstein's defense team. The agreement is kept secret from the identified victims.
Epstein pleads guilty to two Florida state felony charges: solicitation of prostitution and procurement of minors for prostitution.
Epstein begins serving his sentence at Palm Beach County Stockade with unprecedented work release privileges, leaving jail for up to 12 hours per day.
Crime Victims' Rights Act lawsuit filed by attorney Bradley Edwards and attorney Paul Cassell on behalf of two Jane Does, challenging the NPA for violating the victims' right to confer with prosecutors.
Epstein is released from county jail after serving approximately 13 months of his 18-month sentence.
Julie K. Brown's investigative series 'Perversion of Justice' in the Miami Herald exposes the details of the NPA, generating renewed public outrage and political scrutiny.
U.S. District Judge Kenneth Marra rules that federal prosecutors violated the Crime Victims' Rights Act by concealing the plea deal from Epstein's victims. Marra finds prosecutors were required to confer with victims before entering the agreement.
SDNY prosecutors effectively render the NPA moot by filing new federal sex trafficking charges against Epstein in the Southern District of New York, outside the jurisdiction of the original agreement.
Alexander Acosta, who had been serving as U.S. Secretary of Labor in the Trump administration since 2017, resigns amid renewed scrutiny of his role in negotiating the NPA.
How the NPA Enabled Continued Abuse
Minimal Incarceration
The 18-month county jail sentence with work release was effectively nominal. Epstein spent most of each day outside the facility at his private office, staffed with his own security. The Palm Beach County Sheriff's Office later acknowledged that the work release terms were uniquely favorable.
No Federal Sex Trafficking Charges
By diverting the case from federal court to state court, the NPA ensured Epstein faced charges carrying a maximum of five years rather than the potential life sentence under federal sex trafficking statutes. The state charges characterized the crimes as prostitution, implicitly blaming the minor victims.
Co-Conspirator Immunity
The blanket immunity provision for unnamed co-conspirators shielded the broader network that facilitated the trafficking operation. This included recruiters, schedulers, pilots, and others who had participated in or enabled the scheme. Without the ability to prosecute these individuals, law enforcement lost critical leverage to dismantle the network.
Concealment from Victims
By concealing the deal from victims, prosecutors denied them the opportunity to object, provide input, or seek more substantial penalties. Several victims have stated that they would have vigorously opposed the agreement had they been informed.
Continued Access to Victims
The lenient sentence and work release arrangement allowed Epstein to maintain his lifestyle, social connections, and access to potential victims. Reports indicate that Epstein continued to receive visits from young women during his work release period.
Key Persons
Related Cases
Disclaimer: This page presents information compiled from federal court records, the CVRA ruling by Judge Kenneth Marra, DOJ Office of Professional Responsibility reviews, published investigative reporting (including the Miami Herald's "Perversion of Justice" series), and congressional oversight records. Inclusion of any individual's name does not imply guilt or criminal conduct beyond what has been established in court proceedings. Users are encouraged to consult primary sources for complete context.