← Back to home

Document Case 1:19-cr-00290-RMB Document 32 Filed 07/18/19 Page 23 of 33

Full Text

his [unlawful] conduct, by . . . contacting victims and scheduling their sexual encounters. Indictment ¶ 4. These crimes, as already noted, carry a maximum sentence of 45 years of incarceration and give rise to a presumption of pre-trial remand. 18 U.S.C. § 3142 (e)(3)(E); see United States v. Hardy, 2019 WL 2211210, at *10 (D.D.C. May 22, 2019) ("The significant harms and dangers of these crimes animated the Congress to create the statutory presumption of detention.") The nature and circumstances of the crimes charged and the severity of the potential punishment support a finding that Defendant poses "a serious flight risk and that no conditions can be set to reasonably assure his appearance for trial." United States v. Cilins, 2013 WL 3802012, at *2 (S.D.N.Y. July 19, 2013). Weight Of The Evidence The Government's evidence against Mr. Epstein appears strong. The evidence includes testimony of victims, some of whom were minor girls when they were allegedly sexually abused by Mr. Epstein; other witnesses, including potential coconspirators; physical evidence, including passports reflecting extensive foreign travel; sexually suggestive photographs of nude underage girls; plea discussions; and police reports describing witness tampering and intimidation. See, e.g., United States v. Fama, 2013 WL 2467985, at *3 (S.D.N.Y. June 7, 2013) ("the Court recognizes the difficulty inherent in assessing the Government's case before trial, and is mindful not to reach any conclusions about [the Defendant's] guilt or innocence. Indeed, some courts have described the weight of the evidence factor as the 'least important' of the § 3142(g) factors for these reasons."); see also Hir, 517 F.3d at 1090. History And Characteristics Of The Defendant Including His Financial Resources Mr. Epstein pled guilty to two state felonies involving minor girls in Florida. He also held plea discussions regarding witness tampering in Florida in 2008. He is a registered Level III 23 DOJ-OGR-00000806