EFTA00019994.pdf

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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---X
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UNITED STATES OF AMERICA,
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V.
19 CR 490 (RMB)
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JEFFREY EPSTEIN,
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Defendant.
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---X
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New York, N.Y.
August 27, 2019
10:30 a.m.
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Before:
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HON. RICHARD M. BERMAN,
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District Judge
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APPEARANCES
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GEOFFREY S. BERMAN
United States Attorney for the
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Southern District of New York
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BY:
Assistant United States Attorneys
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MARTIN G. WEINBERG, PC
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Attorney for Defendant
BY: MARTIN G. WEINBERG
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STEPTOE & JOHNSON, LLP
Attorneys for Defendant
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BY: REID WEINGARTEN
MICHAEL MILLER
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SOUTHERN DISTRICT REPORTERS, P.C.
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(Case called)
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THE COURT: Good morning, everybody. Please be
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seated.
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So just some housekeeping. We have a podium here for
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both attorneys and others who may be speaking, and so we would
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like you, attorneys and others who are speaking, to come up to
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the podium. This room is a little cavernous. We thought the
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podium over there would be more comfortable.
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For starters, and for this you don't have to go up to
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the podium, if you could just indicate your names. This table
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in front to my left, your right, are defense counsel, and that
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table to my right, your left, are government attorneys.
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If we could just ask the attorneys to introduce
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themselves.
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MS.
: Good morning, your Honor.
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and
for the government. Joining us at counsel table
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are Special Agent
of the FBI and Detective Paul
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Byrne of the NYPD.
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MR. WEINGARTEN: Good morning, your Honor.
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Reid Weingarten.
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MR. WEINBERG: Martin Weinberg.
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Good morning, your Honor.
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THE COURT: Good morning.
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MR. MILLER: Good morning, your Honor.
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Michael Miller from Steptoe & Johnson on behalf of the
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defendant.
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THE COURT: Great.
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Again, good morning to all of you. This hearing that
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we're having today considers the government's motion to dismiss
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the indictment in this case.
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I must add that it also serves as the opportunity for
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me to thank all of you, the attorneys and the victims who are
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here today, among others, for your very hard work and
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dedication in this case.
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We also have here today the U.S. Attorney for the
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Southern District of New York, Geoffrey Berman, who has also
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been very helpful and indispensable in this matter.
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The news on August 10, 2019, that Jeffrey Epstein had
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been found dead in his cell at the Metropolitan Correctional
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Center, at the MCC, was certainly shocking. Most of you, and
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myself for that matter, were anticipating that the next steps
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in this case would be defense motion practice, including a
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motion to dismiss, followed by a trial on the merits before a
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jury, if the motions were not successful, and through which the
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accusers and the accused would come face to face, allowing
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everyone to get their day in court. Mr. Epstein's death
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obviously means that a trial in which he is a defendant cannot
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take place. It is a rather stunning turn of events.
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The government's motion to dismiss the indictment
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because of Jeffrey Epstein's death on August 10, 2019, is
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relatively straightforward. In my view, a public hearing
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clearly is nevertheless the preferred vehicle for its
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resolution.
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Incidentally, while I'm on this subject, I got some
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help today from the New York Law Journal from two professors
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who write that a hearing is -- let me tell you exactly what
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they said. They say, in part, that this is an odd moment for
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transparency in a criminal case. I think that is an odd
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sentence to hear about, transparency in a criminal case.
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They go on to say that normally, if a prosecutor seeks
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to dismiss an indictment for such an obviously worthy reason,
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the court would simply grant the request. As to that
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statement, I respectfully say it is incorrect as a matter of
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law.
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They go on to say the judge would not schedule a
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hearing and he definitely would not allow the victims to speak.
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If he did hold a hearing, whatever informational interests the
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victims may have would be served by affording them a chance to
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attend the hearing, not by giving them a speaking role.
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I read it. It was incredulous. I'm still
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incredulous. I don't quite understand at all. There is a
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suggestion in the article that the reason they are making these
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suggestions has to do with minimization of drama in this case.
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In the Jeffrey Epstein case, there has not been much a
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minimization of drama, and what little drama might happen
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today, I don't think it would be very significant.
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On a somewhat more serious note, don't quote me on
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this, but it is my understanding that one of the authors of
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that article is himself counsel in one of the Epstein-related
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cases. I was surprised to learn that very recently. I'm
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certain it is true. I was also surprised that that aspect was
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not disclosed in the Law Journal.
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But in any event, I think you know where I'm heading.
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I respectfully disagree with the Law Journal piece. I was
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saying that the government's motion is relatively
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straightforward, and in my view, a public hearing is clearly,
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nevertheless, the preferred vehicle for its resolution. I'm
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still convinced of that.
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A few may differ on this, but public hearings are
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exactly what judges do. Hearings promote transparency and they
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provide the court with insights and information which the court
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may not otherwise be aware of.
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The victims have been included in the proceeding today
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both because of their relevant experiences and because they
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should always be involved before rather than after the fact.
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Indictment 19 CR 490 charges Jeffrey Epstein with sex
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trafficking and with conspiracy to commit sex trafficking. The
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U.S. Attorney, on August 19, 2019, requested that the court
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approve the government's proposed order of nolle prosequi. I
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think that's a rough justice. That means nolle prosequi,
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