File 021729
Miami Herald Article: Epstein Prosecutor Rebuked for Prior Child Sex Case Handling (File 021729)
Miami Herald article by Julie K. Brown examining how U.S. Attorney Alexander Acosta's office, including lead prosecutor A. Marie Villafana, had prior warnings about victim disclosure failures before negotiating the controversial Epstein plea deal.
Summary
This Miami Herald article details how nine months before the Epstein plea deal, prosecutor A. Marie Villafana was rebuked by federal judge William J. Zloch for concealing victim information in a 2006 child sex case involving defendant Adam McDaniel. Judge Zloch sharply criticized the U.S. Attorney's office and Acosta, who subsequently defended Villafana's actions and assigned another prosecutor to write a treatise attempting to soften the judge's order. The article argues this prior warning about victim disclosure should have deterred similar violations in the Epstein case, which was later ruled to have intentionally kept information from victims in violation of the Crime Victims' Rights Act.
From: J [jeeyacation@gmail.com]Sent: 3/14/2019 4:48:11 PMTo: Martin Weinberg Darren IndykeJack GoldbergerSubject: Fwd: Epstein prosecutor was rebuked for prior child sex case I Miami HeraldAttachments: Sp_Marie_Villafana2.jpg; WilliamZloch.jpeg; acosta.jpgPrivileged - Redacted----------Forwarded message---------From: Darren Indyke <Date: Thu, Mar 14, 2019 at 12:30 PMSubject: Epstein prosecutor was rebuked for prior child sex case 1Miami HeraldTo: jeevacation@gmail.com <jeevacation@gmail.com>Cc: Darren Indykehttps://www.miamiherald.cominews/politics-government/article226765309.htmlKathy RuemmlerJeffrey Epstein prosecutor waspreviously rebuked for handling of achild sex caseJulie K. BrownNine months before cutting a covert plea deal with sex trafficking suspect JeffreyEpstein, Miami U.S. Attorney Alexander Acosta was notified that the leadprosecutor in Epstein's case had concealed victim information in another underagesex crimes case, the Miami Herald has learned.The prosecutor, A. Marie Villafaria, was harshly rebuked by a federal judge inJanuary 2007 for what he called her "intentional and/or serious lapse in judgment"when she failed to explicitly inform him that the defendant, a Texas man whotraveled to Florida to have sex with a 14-year-old girl, had a prior history ofpredatory behavior with minors, court records show.Acosta, her boss at the time, not only knew about Villafaria's breach — records showthat he subsequently defended it. Acosta assigned another prosecutor in his office towrite a treatise for the judge in an unsuccessful attempt to persuade him to softenthe stinging language in his order.HOUSE OVERSIGHT 021729Senior U.S. District Court Judge William J. Zloch copied Acosta on his order,noting, "The court is at a total loss as to why the Office of the United States Attorneyfor the Southern District of Florida, as well as the Assistant United States Attorneyassigned to the above-styled cause, found it appropriate to intentionally withhold ...information from the court."HOUSE OVERSIGHT 021730HOUSE OVERSIGHT 021731A. Marie Villafaria was the lead federal prosecutor in the Jeffrey Epstein sex case. The U.S. attorney's office's handling ofthe prosecution, which led to a plea to minor charges in state court, has been harshly criticized.Later that year, Acosta and Villafaria put together a plea bargain for Epstein, amultimillionaire money manager who sexually abused nearly three dozen teenagegirls at his mansion in Palm Beach. The deal, a federal judge ruled last month, wasintentionally kept from his victims in violation of the Crime Victims' Rights Act.While the two cases are unrelated, it shows that both Acosta and Villafaria had beenwarned about the importance of victim disclosure in sex crimes cases before theEpstein agreement. They nevertheless forged ahead with a pact with Epstein thatviolated the law.U.S. District Court Judge Kenneth A. Marra wrote: "When the Government givesinformation to victims, it cannot be misleading. While the Government spent untoldhours negotiating the terms and implications of the [agreement] with Epstein'sattorneys, scant information was shared with victims."This comes as Acosta, who is now the U.S. secretary of labor, is facing mountingscrutiny for his oversight of the Epstein case. On Monday, White House presssecretary Sarah Huckabee Sanders declined to say whether President Trump has fullconfidence in Acosta, noting that Acosta's involvement in the Epstein case isGGcurrently under review."The Justice Department launched a probe in January into whether Acosta, Villafariaand other prosecutors committed professional misconduct.Francey Hakes, who worked in the Justice Department's Crimes Against Childrenunit, said Zloch's comments were so brutal that it should have deterred Acosta andVillafaria from keeping the deal secret."It is highly unusual for a court to allege an assistant U.S. attorney has intentionallywithheld information. That allegation is like dropping a bomb in the legalcommunity," she said.The story behind a Palm Beach sex offender's remarkable dealPalm Beach multimillionaire Jeffrey Epstein is a free man, despite sexually abusingdozens of underage girls according to police and prosecutors. His victims have neverhad a voice, until now."It seems to show that they are not taking these cases very seriously, they are notadvocating for strong punishment for sexual predators, and not advocating forvictims in a meaningful way."Villafaria, a well-regarded 18-year veteran federal prosecutor, would not commentfor this story. But her lawyer, Jonathan Biran, said she has worked tirelessly onHOUSE OVERSIGHT 021732behalf of crime victims. She received the 2011 National Crime Victims' RightsService Award as well as the Attorney General's Project Safe Childhood Award.He also pointed out that the parents of the victim in the Texas man's case wrote aletter thanking Villafaria at the conclusion of the case."AUSA Villafaria has spent her 18-year career advocating tirelessly on behalf ofvictims of some of the most serious crimes in Florida, and has received numerousawards for her successful prosecution of major cases," Biran said, adding thatVillafaria has "made South Florida a safer place for children and adults alike."Enticing a minorBy all accounts, Adam McDaniel was an awkward and shy Texas teenager who spentcountless hours on his computer, socializing with girls on the internet.In 2005, McDaniel, then 19, traveled from Texas to Fort Lauderdale, where hehopped into a taxi and headed to Boca Raton to meet up with a 14-year-old girl hehad been talking to online for about a year. He picked up the ninth grader at a highschool basketball game, and drove her to a Marriott, hotel where they spent thenight, court records show.When she failed to come home that evening, her parents called Boca Raton police.Officers tracked the pair down at the hotel the next day, where they found them inbed, clad in little more than their underwear, according to court records.McDaniel was arrested on federal sex charges, and pleaded guilty on Oct. 6, 2006, toenticing a minor into sexual conduct by means of interstate commerce, whichcarried a sentence of from five years up to 30 years in federal prison.HOUSE OVERSIGHT 021733U.S. District Judge William ZlochAt sentencing, McDaniel's public defender, Patrick Hunt, argued for a reducedsentence, blaming his client's immaturity for the crime. McDaniel had been a goodstudent at Texas Tech and had a family that supported him, Hunt told Zloch.HOUSE OVERSIGHT 021734Family and acquaintances, including a former Fort Worth police lieutenant,submitted letters to the court vouching for McDaniel's character.There were other issues, however, presented to the judge. While McDaniel wasbeing held in federal lockup awaiting sentencing, he had corresponded with hisvictim, despite being ordered not to contact her, the court record shows.Still, Hunt argued that a sentence of five years was overly harsh.Villafaria disagreed, but conceded that McDaniel would benefit from psychologicaltreatment. She advocated for a sentence of five to sex years, which was at the lowend of the guideline.It was then that the judge heard from the victim's mother.In a statement, the mother decried the emotional and mental trauma her daughtersuffered and the long road to recovery she had ahead of her. The mother mentionedshe was further upset that McDaniel continued contact with her daughter after hisarrest and she said she believed that McDaniel was still trying to manipulate herdaughter by blaming her for his arrest.The mother pointed out that prior to their sexual encounter, McDaniel had directedher daughter to watch sexually explicit movies and had described for her sexactivities he had had with another underage girl.At that point, the judge interrupted."...There has been some reference to another incident with a minor girl. What doyou know about that, if anything?" Zloch asked Villafaria.HOUSE OVERSIGHT 021735Former U.S. Attorney Alex Acosta never told sexual-abuse victims of a lenient pleadeal for Jeffrey Epstein.Getty ImagesOnly then did Zloch learn that McDaniel had preyed on other girls over the internet,including a 16-year-old California girl whom he brought to Texas and impregnated.He was also having another relationship with a 15-year-old girl at the time of hisarrest, Villafaria admitted in court.The judge promptly sentenced McDaniel to 10 years — twice what Villafariarecommended.Three months later, in January 2007, after reviewing the entire case, Zloch issuedan order excoriating Villafaria for failing to tell him about McDaniel's prior history."The serial nature of defendant's seduction of minor girls was revealed for the firsttime to the court upon the Government's response to the Court's inquiry," Zlochwrote, explaining that the defendant's past was evidence of predatory behavior thatwarranted a harsher sentence because he may pose a danger to the community.Assistant U.S. Attorney Andrew Lourie was assigned to try to correct the record andpersuade the judge to strike a portion of his comments. They argued that sinceMcDaniel had never before been charged with a crime, the history was not relevantHOUSE OVERSIGHT 021736at sentencing. The defendant's prior relationship with a 16-year-old was not illegalin Texas or in California, they said, and the girl classified her relationship as afriendship.All the relevant information was provided to the probation department and atMcDaniel's detention hearing, they added, making the point that it was in the recordand therefore, not intentionally withheld by the government.While Zloch conceded that the information was part of the probation and bondhearing record, he said it was nevertheless the U.S. Attorney's Office's duty topresent the defendant's prior history with minors at sentencing. He refused to strikethe most critical portions of his order."Lack of candor to the court is a serious charge, and the judge has quite reasonablyexpressed dismay that the assistant U.S. attorney apparently intended that he neverbe given a full picture of the defendant's conduct," Hakes said.But nine months later, in September 2007, Villafaria was in the throes of thornynegotiations with Epstein's lawyers. While an FBI investigation was ongoing,Villafaria discussed ways to quietly resolve the case, emails show.A Miami Herald investigation, -Perversion of Justice," published in November,revealed how federal prosecutors, including Acosta and Villafaria, tried to keep thefull scope of Epstein's crimes out of the public eye. At one point, they discussedcharging Epstein in Miami, instead of Palm Beach where the crimes happened,noting there would be less media coverage.Emails also show that prosecutors repeatedly abided by Epstein's lawyers' demandsthat his victims not be told that an agreement had been reached until after he wassentenced. That meant that the girls could not appear at the hearing to derail thedeal. Prosecutors had drafted a 53-page federal indictment on sex traffickingcharges, but Acosta instead allowed Epstein to plead guilty to two prostitutioncharges in state court. In exchange, Epstein and his co-conspirators were givenfederal immunity.Villafaria wrote Epstein's lawyer, Jay Lefkowitz, to discuss the wording of thesentencing agreement for the judge:"I will include all our standard language regarding resolving all criminal liability andI will mention co-conspirators, but I would prefer not to highlight for the judge all ofthe other crimes and all the other persons we could charge," Villafaria wrote.At Epstein's sentencing, assistant Palm Beach prosecutor Lanna Belohlavek wasquestioned by the judge about whether all of Epstein's victims were told about thedeal, as required by law.HOUSE OVERSIGHT 021737"Are there more than one victim?" Circuit Court Judge Deborah Dale Pucillo askedBelohlavek at the June 30, 2008 sentencing."There's several," Belohlavek replied."Are all the victims in both these cases in agreement with the terms of the plea?" thejudge asked."Yes," Belohlavek said.Coincidentally, the lawyer representing one of the victims was in the courtroom thatday. He told the Herald that neither he, nor his client, was told about the agreement.Acosta has not responded to the Herald's repeated requests for comment. Aspokesman at the Labor Department told the Washington Post last month: "Theoffice's decisions were approved by departmental leadership and followeddepartmental procedures."In the past, Acosta has said that he believed the deal was the best chanceprosecutors had of ensuring that Epstein spent some time behind bars and wasrequired to register as a sex offender. Epstein served 13 months in the Palm BeachCounty jail — but he was allowed to leave for up to 12 hours a day as part of a workrelease program not normally offered to convicted sex offenders.Epstein's victims, now in their late 20S and 30s, are fighting to have his dealoverturned and Epstein sent to prison.Bradley Edwards, who represents several of Epstein's victims, defended Villafaria,saying he believed that she was directed to settle the case and not inform Epstein'svictims about the deal."In my conversations with her, I came to believe that she was in a difficult position.She never came out and said this, but I suspected that someone above her directedher to do what she did," Edwards said.DARREN K. INDYKE5300 W. 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