The 2007 Non-Prosecution Agreement (NPA) between Jeffrey Epstein and the U.S. Attorney's Office for the Southern District of Florida represents one of the most controversial prosecutorial decisions in modern American legal history. Signed on September 24, 2007, the agreement allowed Epstein to avoid federal prosecution on serious sex trafficking charges in exchange for pleading guilty to two state prostitution charges, serving an 18-month sentence in county jail, and registering as a sex offender. The NPA has been the subject of extensive litigation, a Department of Justice Office of Professional Responsibility investigation, congressional scrutiny, and was cited as a key precedent in legal challenges following Epstein's 2019 arrest.
Background and Federal Investigation#
The Palm Beach Police Department initiated an investigation into Epstein in 2005, ultimately identifying dozens of minor victims. The FBI opened a federal investigation led by AUSA A. Marie Villafaña, who drafted a 53-page indictment on sex trafficking charges. For details on the recruitment patterns, victim demographics, and operational structure of the abuse, see Victims and Recruitment Patterns.
Negotiation of the Agreement#
Beginning in early 2007, Epstein's defense team—which included prominent attorneys Gerald Lefcourt, Jay Lefkowitz, Roy Black, Alan Dershowitz, and Kenneth Starr—engaged in extensive negotiations with the U.S. Attorney's Office. On February 1, 2007, the defense sent a 24-page letter arguing against federal jurisdiction and characterizing the case as a state matter.
Throughout the summer of 2007, prosecutors and defense counsel exchanged proposals for resolving the case. Email correspondence reveals the government's evolving position:
- July 31, 2007: USAO offered to end investigation if Epstein pled guilty to state charges with minimum 2-year incarceration
- September 10-24, 2007: Multiple drafts of NPA exchanged
- September 13, 2007: Line prosecutor emailed defense counsel stating she was "spending some quality time with Title 18 looking for misdemeanors"
- September 16, 2007: Prosecutors proposed meeting defense "off campus"
- September 18, 2007: USAO assured defense the NPA "would not be made public or filed with the Court"
The negotiations reveal unusual prosecutorial accommodations. On September 24, 2007, as the NPA was being executed, defense counsel Jay Lefkowitz emailed the line prosecutor: "Please do whatever you can to keep this from becoming public".
Terms and Conditions#
The final NPA, signed September 24, 2007, required:
Epstein's Obligations:
- Plead guilty to state charges of solicitation of prostitution (Florida Statute § 796.07) and procurement of minors to engage in prostitution (Florida Statute § 796.03)
- Accept binding recommendation of 18 months in county jail (12 months plus 6 months consecutive) followed by 12 months of community control (house arrest)
- Register as a sex offender
- Provide compensation to victims through civil settlements
Government's Concessions:
- No federal prosecution in the Southern District of Florida
- Federal grand jury investigation suspended
- All pending federal grand jury subpoenas held in abeyance
The NPA specifically stated: "After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District."
Victim Compensation Provisions
The NPA included provisions designed to facilitate victim compensation under 18 U.S.C. § 2255. The agreement required the government to provide Epstein's attorneys with a list of identified victims, and stipulated that "the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein".
However, victims who elected to file suit under § 2255 were required to "waive any other claim for damages, whether pursuant to state, federal, or common law." The government ultimately compiled a list of 34 confirmed minor victims.
Co-Conspirator Immunity#
The NPA's most controversial provision granted immunity to "any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesley Groff, or Nadia Marcinkova." The SDNY later argued it was not bound by the Florida agreement, enabling Ghislaine Maxwell's prosecution. For the full list of identified co-conspirators and their roles in the trafficking operation, see Epstein's Co-Conspirators.
Victim Notification Failures and CVRA Violations#
Prosecutors deliberately concealed the NPA from victims in violation of the Crime Victims' Rights Act, coordinating with defense counsel on "what to tell the girls" and sending misleading letters stating the investigation was "ongoing" after the agreement was signed. For extensive documentation of this obstruction, including internal prosecutor emails and court findings, see Obstruction of Justice Evidence.
Jane Doe 1 & 2 v. United States
On July 7, 2008, two victims filed an emergency petition in federal court alleging the government violated the CVRA by failing to consult with them before signing the NPA. The case, Doe v. United States, 08-80736-CIV-MARRA (S.D. Fla.), became one of the longest-running CVRA litigations in federal court history.
On February 21, 2019, Judge Kenneth A. Marra ruled that the government violated the CVRA, finding:
"Despite the Government's efforts to cripple this litigation, the record leaves no doubt that the government committed a crime-victim rights violation... The Government gave the Epstein defense team notice of the NPA and conferred with them throughout the process, yet purposefully withheld this information from the victims."
Judge Marra specifically found that letters sent to victims after the NPA was signed, describing the investigation as ongoing, "mislead [sic] the victims to believe that federal prosecution was still a possibility."
The court ordered briefing on remedies, with victims seeking rescission of the NPA and federal prosecution of Epstein. After Epstein's August 2019 death, the district court denied the requested remedies and closed the case as moot. Victim Jane Doe 1 appealed to the Eleventh Circuit, which initially ruled CVRA rights do not attach until a defendant is charged, but then granted rehearing en banc.
State Court Proceedings and Sentencing#
Epstein did not immediately fulfill his NPA obligations after signing it in September 2007. For nine months, his legal team sought to renegotiate terms and persuaded senior DOJ officials to review whether federal jurisdiction existed. Only after the Deputy Attorney General declined to intervene on June 23, 2008, did Epstein agree to plead guilty.
On June 30, 2008, Epstein appeared in Palm Beach County Circuit Court and pled guilty to:
- One count of solicitation of prostitution (Florida Statute § 796.07)
- One count of procurement of minors to engage in prostitution (Florida Statute § 796.03)
Judge Deborah Dale Pucillo immediately sentenced Epstein to consecutive terms of 12 months and 6 months in county jail, followed by 12 months of community control, consistent with the NPA's binding recommendation.
Work Release and Actual Incarceration
Epstein began serving his sentence on June 30, 2008, at the Palm Beach County jail. In October 2008, he was approved for work release through the Palm Beach County Sheriff's program, spending up to 12 hours per day at the "Florida Science Foundation," an entity Epstein had recently incorporated that was located at his attorney's West Palm Beach office.
Although the NPA specified 18 months of incarceration, Epstein received "gain time" credit for good behavior and actually served less than 13 months, being released on July 22, 2009, to begin his one-year term of home detention. He registered as a sex offender with the Florida Department of Law Enforcement.
Legal and Ethical Challenges#
DOJ Office of Professional Responsibility Investigation
Following the Miami Herald's November 2018 investigative report by Julie K. Brown, which characterized the NPA as a "deal of a lifetime," Senator Ben Sasse requested the DOJ Office of Professional Responsibility (OPR) investigate possible misconduct by prosecutors.
The November 2020 OPR report concluded:
- Prosecutors used "poor judgment" in negotiating the NPA
- Prosecutors violated the CVRA by failing to consult victims
- However, prosecutors did not commit professional misconduct justifying discipline
- Acosta and his deputies were motivated by concerns about the strength of the federal case and the potential for acquittal
The OPR report found that prosecutors believed some victims had credibility issues and that defense experts would argue the sexual encounters were consensual. Prosecutors also feared that bringing federal charges based on state conduct might not survive jurisdictional challenges.
Political Fallout and Acosta's Resignation
When President Donald Trump nominated Acosta to be Secretary of Labor in 2017, he faced limited questioning about the Epstein case during his confirmation hearing and was confirmed on April 17, 2017.
Following renewed scrutiny after Epstein's July 2019 arrest in New York, Acosta held a July 10, 2019 press conference defending his actions, arguing the State Attorney's Office "was ready to allow Epstein to walk free with no jail time" and the NPA at least guaranteed incarceration and sex offender registration. On July 12, 2019, Acosta resigned as Labor Secretary, citing continued media attention on the case.
Impact on Subsequent Prosecutions#
2019 Southern District of New York Prosecution
On July 2, 2019, the U.S. Attorney's Office for the Southern District of New York obtained a federal grand jury indictment charging Epstein with sex trafficking of minors and conspiracy to commit sex trafficking. Prosecutors argued the Florida NPA did not bind the SDNY, as it specifically covered only prosecution in the Southern District of Florida.
Epstein was arrested on July 6, 2019, and the court ordered him detained pending trial. On August 10, 2019, Epstein was found dead in his Metropolitan Correctional Center cell in what the medical examiner ruled a suicide. The indictment was subsequently dismissed.
Ghislaine Maxwell Prosecution
Despite the NPA's immunity provisions, SDNY prosecutors indicted Ghislaine Maxwell in July 2020, arguing she was not protected by an agreement made in a different judicial district. Maxwell's defense team argued the NPA's language "any potential co-conspirators" covered her, but courts rejected this argument, finding the agreement bound only the Southern District of Florida.
Maxwell was convicted in December 2021 and sentenced to 20 years in federal prison. She continues to appeal her conviction to the U.S. Supreme Court, with the NPA immunity argument among her claims.
Key Figures#
Prosecutors
- R. Alexander Acosta: U.S. Attorney for the Southern District of Florida (2005-2009), who authorized the NPA. Later served as U.S. Secretary of Labor (2017-2019) before resigning over the Epstein controversy.
- A. Marie Villafaña: Assistant U.S. Attorney who served as line prosecutor, negotiating directly with Epstein's defense team
- Jeffrey Sloman: First Assistant U.S. Attorney who supervised the case
Defense Attorneys
Epstein assembled a team of prominent criminal defense attorneys:
- Jay Lefkowitz: Attorney at Kirkland & Ellis who led negotiations with prosecutors
- Gerald Lefcourt: Veteran New York criminal defense attorney
- Roy Black: Miami defense attorney known for high-profile cases
- Alan Dershowitz: Harvard Law professor who joined defense team
- Kenneth Starr: Former Solicitor General and independent counsel
- Lilly Ann Sanchez: Former sex crimes prosecutor
Victim Advocates
- Bradley J. Edwards: Attorney representing multiple Epstein victims who filed the CVRA litigation
- Paul G. Cassell: University of Utah law professor and former federal judge who represented victims pro bono
- Jack Scarola: Attorney representing victims in civil litigation
Secrecy and Public Disclosure#
The NPA contained a provision stating: "The parties anticipate that this agreement will not be made part of any public record" and promising Epstein notice before any FOIA disclosure. The agreement was initially filed under seal in Palm Beach County Circuit Court.
After victims and news media filed suit in Florida courts for release of the sealed NPA, a state judge in September 2009 ordered it made public. The agreement's revelation sparked immediate controversy over its lenient terms and secret negotiation.
Full Text and Documentation#
The complete seven-page NPA and addendum are part of the public record. The agreement bears the signatures of:
- Jeffrey Epstein (dated 9/24/07)
- Gerald Lefcourt, Esq., Counsel to Jeffrey Epstein
- Lilly Ann Sanchez, Esq., Attorney for Jeffrey Epstein
- A. Marie Villafaña, Assistant U.S. Attorney
- R. Alexander Acosta, United States Attorney (by authorization)
The DOJ Office of Professional Responsibility Executive Summary provides extensive detail on the negotiation and aftermath of the NPA, including findings on CVRA violations and prosecutorial decision-making.