In July 2006, the FBI began its own investigation of Epstein, nicknamed "Operation Leap Year". It resulted in a 53-page indictment in June 2007 that was never presented to a grand jury.[56] Alexander Acosta, then the United States Attorney for the Southern District of Florida, agreed to a plea deal to grant immunity from all federal criminal charges to Epstein, along with four named co-conspirators and any unnamed "potential co-conspirators". According to the Miami Herald, the non-prosecution agreement "essentially shut down an ongoing FBI probe into whether there were more victims and other powerful people who took part in Epstein's sex crimes". At the time, this halted the investigation and sealed the indictment. The Miami Herald said: "Acosta agreed, despite a federal law to the contrary, that the deal would be kept from the victims."[6]
Acosta later said he offered a lenient plea deal, because he was told that Epstein "belonged to intelligence", was "above his pay grade" and to "leave it alone".[40] Epstein agreed to plead guilty to two felony prostitution charges, register as a sex offender, and pay restitution to three dozen victims identified by the FBI.[6] The Guardian, a British newspaper, reported (somewhat inaccurately), "Despite this, the U.S. government eventually agreed to allow Epstein to plead guilty to just one count of soliciting prostitution from an underage girl under Florida state law. Epstein agreed not to contest civil claims brought by the 40 women identified by the FBI, but escaped a prosecution that could have seen him jailed for the rest of his life."[73]
A Federal Judge later found that the prosecutors had violated the victims' rights in that they had concealed the agreement from the victims and instead urged them to have "patience".[82][83]
Conviction and sentencing (2008–2011)
On June 30, 2008, after Epstein pleaded guilty to a state charge (one of two) of procuring for prostitution a girl below age 18,[84] he was sentenced to 18 months in prison. While most convicted sex offenders in Florida are sent to state prison, Epstein was instead housed in a private wing of the Palm Beach County Stockade and, according to the sheriff's Office, was after 3 1⁄2 months allowed to leave the jail on "work release" for up to 12 hours a day, 6 days a week. This contravened the sheriff's own policies requiring a maximum remaining sentence of 10 months and making sex offenders ineligible for the privilege. He was allowed to come and go outside of specified release hours.[77]
Epstein's cell door was left unlocked, and he had access to the attorney room where a television was installed for him, before he was moved to the stockade's previously unstaffed infirmary. He worked at the office of a foundation he had created shortly before reporting to jail; he dissolved it after he had served his time. The Sheriff's Office received $128,000 from Epstein's non-profit to pay for the costs of extra services being provided during his work release. His office was monitored by "permit deputies" whose overtime was paid by Epstein. They were required to wear suits, and checked in "welcomed guests" at the "front desk". Later the Sheriff's Office said these guest logs were destroyed per the department's "records retention" rules (although inexplicably the Stockade visitor logs were not).[85] He was allowed to use his own driver to drive him between jail and his office and other appointments.[77][85]
Epstein served almost 13 months before being released for a year of probation on house arrest until August 2010. While on probation he was allowed numerous trips on his corporate jet to his residences in Manhattan and the U.S. Virgin Islands. He was allowed long shopping trips and to walk around Palm Beach "for exercise".[77]
After a contested hearing in January 2011, and an appeal, he stayed registered in New York State as a "level three" (high risk of repeat offense) sex offender, a lifelong designation.[86][87] At that hearing the Manhattan District Attorney inexplicably argued unsuccessfully that the level should be reduced to a low risk "level one" and was chided by the judge. Despite opposition from Epstein's lawyer that he had a "main" home in the U.S. Virgin Islands, the judge confirmed he personally must check in with the New York Police Department every 90 days. Though Epstein had been a level three registered sex offender in New York since 2010, the New York Police Department never enforced the 90-day regulation, though non-compliance is a felony.[83]
