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Case 22-1426, Document 77, 06/29/2023, 3536038, Page179 of 258
SA-177
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 177 of 348

[O]ne of the issues in the case was the . . . defense’s ability to describe the case or characterize the case as being legally complex. It was not as legally complex as they made it out to be. But because they were able to convince members of our office that it was somehow extremely novel and legally complex, the issue became who was likely to succeed in arguing these legal issues. And because of that, the legal prowess, if you will, of the attorneys [ ] [became] something to consider.

...

I think that the ability of Alan Dershowitz and Ken Starr and Jay Lefkowitz to convince Alex Acosta that I didn’t know what I was talking [about] also, all came into play. So I think there were a number of factors and it all came together.

Although Villafaña was critical of Acosta’s consideration of the defense arguments, she conceded that the defense team’s tactics demonstrated effective advocacy. Certainly, throughout the case, Epstein’s attorneys prepared lengthy memoranda analyzing the evidence and arguing nuanced legal points concerning federalism, the elements of numerous federal criminal statutes, and the evidence relevant to those statutes, but it is not unusual or unreasonable for prosecutors to carefully consider well-crafted legal arguments from defense counsel.

There is little question that Epstein’s extensive team of attorneys was able to obtain negotiated benefits for Epstein—although the USAO never wavered from its three core requirements, it did agree to a reduction in prison time from its original offer, and it granted Epstein certain other concessions during the negotiations. Epstein’s wealth provided him with skilled, experienced negotiators who continually sought various incremental concessions, and with attorneys who knew how to obtain Department review of a USAO matter, thereby delaying undesired outcomes for as long as possible.223 Despite Epstein’s evident intentions, however, OPR did not find evidence warranting a conclusion that the NPA or its terms resulted from the subjects’ relationships with the attorneys he had selected to represent him.

2. The Subjects Asserted That Their Relationships with Defense Counsel Did Not Influence Their Actions

Acosta, Menchel, Sloman, and Lourie each asserted that Epstein’s choice of counsel did not affect his handling of the case. Menchel told OPR that once in private practice, former colleagues often became adversaries. In Menchel’s view, such preexisting relationships were useful because they afforded a defense attorney initial credibility and an insight into the issues a prosecutor would likely view as areas of concern, which enabled the defense attorney to “tailor” arguments in a way that would maximize their persuasive impact on the USAO. Menchel told OPR, however, that these advantages did not “move the needle in any major way,” and he “reject[ed] the notion” that anyone in the USAO had been “swayed” because of preexisting

223 As Chief Reiter later observed in his deposition testimony, “[T]he Epstein case was an instance of a many million dollars defense and what it can accomplish.”

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