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Case 22-1426, Document 77, 06/29/2023, 3536038, Page23 of 258
SA-21
Case 1:20-cr-00330-AJN Document 204-3 Filed 04/16/21 Page 21 of 348

D. OPR Does Not Find That the Subjects’ Preexisting Relationships with Defense Counsel, Decisions to Meet with Defense Counsel, and Other Factors Established That the Subjects Acted from Improper Influences or Provided Improper Benefits to Epstein...............................................................150
1. The Evidence Does Not Establish That the Subjects Extended Any Improper Benefit to Epstein because of Their Preexisting Relationships with His Attorneys ......................................................................150
2. The Subjects Asserted That Their Relationships with Defense Counsel Did Not Influence Their Actions .................................................................151

E. The Evidence Does Not Establish That the Subjects’ Meetings with Defense Counsel Were Improper Benefits to Epstein .................................................155
1. The Evidence Shows That the Subjects’ Decisions to Meet with Epstein’s Legal Team Were Warranted by Strategic Considerations......155
2. The Evidence Does Not Establish That Acosta Negotiated a Deal Favorable to Epstein over Breakfast with Defense Counsel ...........160

F. Villafaña’s Emails with Defense Attorney Lefkowitz during the NPA Negotiations Do Not Establish That Villafaña, or Other Subjects, Intended to Give Epstein Preferential Treatment or Were Motivated by Favoritism or Other Improper Influences .........................................................................163

G. The Evidence Does Not Establish That Acosta, Lourie, or Villafaña Agreed to the NPA’s Provision Promising Not to Prosecute “Potential Co-conspirators” in Order to Protect Any of Epstein’s Political, Celebrity, or Other Influential Associates .....................................................................................166

H. OPR’s Investigation Did Not Reveal Evidence Establishing That Epstein Cooperated in Other Federal Investigations or Received Special Treatment on That Basis....................................................................................................................168

V. ACOSTA EXERCISED POOR JUDGMENT BY RESOLVING THE FEDERAL INVESTIGATION THROUGH THE NPA ...........................................................................169

A. Acosta’s Decision to Resolve the Federal Investigation through a State Plea under Terms Incorporated into the NPA Was Based on a Flawed Application of the Petite Policy and Federalism Concerns, and Failed to Consider the Significant Disadvantages of a State-Based Resolution ............................................170

B. The Assessment of the Merits of a Potential Federal Prosecution Was Undermined by the Failure to Obtain Evidence or Take Other Investigative Steps That Could Have Changed the Complexion of the Case .................................175

C. OPR Was Unable to Determine the Basis for the Two-Year Term of Incarceration, That It Was Tied to Traditional Sentencing Goals, or That It Satisfied the Federal Interest in the Prosecution ..........................................179

D. Acosta’s Decisions Led to Difficulties Enforcing the NPA ........................................182

E. Acosta Did Not Exercise Sufficient Supervisory Review over the Process ........182

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