Document 18-cr-00490-RMB-DCF

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); see 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. 2 DOJ-OGR-00000785 --- PAGE BREAK --- Case 1:18-cr-00490-RMB Document 32 Filed 07/18/19 Page 6 of 33 trust account to . . . [an individual] who was also named as a potential co-conspirator. Id. at 1-2. According to the Government, the second individual "is also one of the employees identified in the Indictment, which alleges that she and two other identified employees facilitated the defendant's trafficking of minors by, among other things, contacting victims and scheduling their sexual encounters with the defendant at his residences in Manhattan and Palm Beach, Florida." Id. at 2. By letter, dated July 16, 2019, Defense counsel states, among other things, that the Court should reject the idea that "there's literally nothing a person of Epstein's means could say, do or pledge to rebut the operative presumption and make himself eligible for release." Dkt. 24 at 2. "Epstein contends that § 1591 and the concomitant remand presumption do not contemplate or cover the core conduct at issue here: performing sexual massages for money." Id. at 1-2 n.1. Defense counsel also states that "Epstein certainly recognizes the Court's request for further transparency and is committed to providing a complete and accurate disclosure. Accordingly, we propose that the Court preliminarily accept the initial [financial] disclosure proffered last Friday and, if intending to grant bail, include a release condition directing Epstein to tender a comprehensive forensic accounting of his finances as expeditiously as practicable." Id. at 4. By letters, dated July 16 and July 17, 2019, Defense counsel also submitted information regarding Epstein's New Mexico sex offender registration status. Defense counsel also stated that Epstein traveled extensively over the last eight months and "invariably returned to the to the United States. That inescapable reality emphatically proves he won't flee and entitles him to release - on any and all conditions the Court deems appropriate." Id. at 8. 6 DOJ-OGR-00000789