EPSTEIN
page 6 / 28 . OCR, unverified
sex trafficking with which Mr. Epstein is charged. Mr. Epstein is also charged ,vith conspiring
with others to commit sex trafficking under 18 U.S.C. § 371.
With respect to the issue of remand versus release, 18 U.S.C. § 3142 applies. It sets forth
a presumption in favor of remand, an exception to the presumption in most cases which favors
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pretrial release. § 3142 states that: "if there is probable cause to believe that the person
committed ... an offense involving a minor victim under section ... 1591," then "it shall be
presumed that no condition or combination of conditions will reasonably assure the
appearance of the person as required and the safety of the community." 18 U.S.C. §
3142(e)(3)(E) (emphasis added);
United States v. Martir, 782 F.2d 1141, 1144 (2d Cir.
1986). The Indictment in this case was returned by a grand jury thus establishing probable cause
that the defendant committed the crimes of sex trafficking and sex trafficking conspiracy. See
United States v. Contreras, 776 F.2d 51, 55 (2d Cir. 1985) ("[A]n indictment returned by a duly
constituted grand jury conclusively establishes the existence of probable cause for the purpose of
triggering the rebuttable presumptions set forth in § 3142( e )"). In most federal cases the
rebuttable presumption that applies favors pretrial release, not remand.
There is another very important issue to be considered in this case. It has to do with
"victims" of the crimes charged in the Indictment. Victims refer to the "minor" girls who are
alleged to have been sexually trafficked by the Defendant. Under 18 U.S.C. § 3771, victims are
entitled to be heard in court, including on the question of whether the defendant is to be released
or remanded. Victims have, among other things, been given the opportunity to testify at the bail
hearing.
B. Counsels' Submissions
The Government's letter application, dated July 8, 2019, requests that the Court remand
Mr. Epstein. It argues that Mr. Epstein "poses [] an acute danger to the community" and,
grounded in past experience with this Defendant, that "if [Mr. Epstein is] allowed to remain out
on bail, the defendant could attempt to pressure and intimidate witnesses and potential witnesses
in this case, including victims and their families, and otherwise attempt to obstruct justice." Dkt.
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11, Ex. I at 1. The Government also contends that "[i]n light of the strength of the Government's
evidence and the substantial incarceratory term the defendant would face upon conviction [45
years], there is an extraordinary risk of flight, particularly given the defendant's exorbitant
wealth, his ownership of and access to private planes capable of international travel, and his
significant international ties." Id.
The Government also provides the following background information: "In or about 2005,
the defendant was investigated by local police in Palm Beach, Florida, in connection with
allegations that he had committed similar sex offenses against minor girls. The investigation
ultimately also involved federal authorities, namely the U.S. Attorney's Office for the Southern
District of Florida and the FBI' s Miami Office, and included interviews with victims based in the
Palm Beach area, including some of the alleged victims relevant to Count One of the instant
Indictment. In the fall of 2007, the Defendant entered into a non-prosecution agreement ("NPA")
with the Southern District of Florida in connection with the conduct at issue in that investigation,
which the non-prosecution agreement identified as including investigations into the defendant's
abuse of minor girls in the Palm Beach area." Id. at 3. "In June 2008, the defendant pied guilty in
[Florida] state court to one count of procuring a person under the age of 18 for prostitution, a
felony, and one count of solicitation of prostitution, [also] a felony. As a result, the defendant
was designated as a sex offender with registration requirements under the national Sex Offender
Registration and Notification Act." Id.
The Defense moved on July 11, 2019, for pretrial release of Mr. Epstein, arguing that
"Mr. Epstein's strict compliance with the various monitoring requirements associated with his
sex-offender registration actually decrease[s] any danger that he might otherwise pose" and also
that "Mr. Epstein has never once attempted to flee the United States." Dkt. 6 at 1, 12. The
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Defense proposes what they describe as "a stringent set of [14] conditions that will effectively
guarantee [Mr. Epstein's] appearance and abate any conceivable danger he's claimed to present."