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12/12/2018 News Release Image

"NBCNews" featured Pace Haub Law School Professor Mimi Rocah's piece "Jeffrey Epstein's slap on the wrist raises a lot of questions"

As a federal prosecutor for over 16 years, I can tell you that, aside from cases involving murder and violence, there are two categories of crimes that make a career prosecutor’s blood boil: schemes that target elderly victims for money and allegations that involve using children for sex. For six years, between 2001 and 2007, Jeffrey Epstein allegedly ran a sex trafficking ring that preyed on minor girls as young as 13. So why was he given a slap on the wrist by federal prosecutors in Florida?

Senators, both Republican and Democrat, are asking the same question. Sen. Ben Sasse, R-Neb., wrote a series of letters to the Department of Justice last week, calling for the DOJ’s inspector general to review the handling of the case as well as for a congressional review of the “decision-making” process. Sasse is right to demand answers here, because while the criminal case has been resolved, many questions remain.

According to extensive reporting by the Miami Herald, Epstein recruited, manipulated and lured at least 80 girls to his mansion in Palm Beach, Florida and elsewhere, then sexually abused them, often by asking them for “massages.” In reality, these girls were paid to be victims of his sexual assault, molestation and rape. Epstein even photographed the girls in some cases — a possible separate crime of production of child pornography. Epstein also allegedly turned some of the girls into unwilling co-conspirators who helped him recruit and deceive other victims. A well-connected millionaire, Epstein was often seen in the company of men like Prince Andrew, Bill Clinton, Alan Dershowitz and Donald Trump. (Dershowitz told Axios he still provides legal advice to Epstein.)

The case was investigated and initially pursued by the United States Attorney’s Office in the Southern District of Florida (SDFL), headed by Alex Acosta, the current Secretary of Labor. However, instead of pursuing the case, the SDFL entered into what is known as a non-prosecution agreement (NPA) with Epstein in which they agreed that the federal investigation (against Epstein and anyone else who may have been a subject of it) would cease and Epstein would plead guilty to certain state charges for which he would serve 18 months in prison and register as a sex offender. In addition, the SDFL agreed to give Epstein’s attorneys a list of “individuals it has identified as victims.” In short, this was a shockingly lenient deal for a crime of such magnitude.

I was involved in many sex-trafficking and sexual exploitation cases involving minors as a federal prosecutor. These cases usually involved one or two victims but were charged under the very same statutes that documents show federal prosecutors were planning to use in Epstein’s case, including: sex trafficking of a child under 18 (18 U.S.C. § 1591); conspiring or causing or traveling in interstate commerce for the purpose of engaging in sex with a minor (18 U.S.C. § 2423(a)); and enticing or coercing a child under 18 to engage in prostitution (including attempt) (18 U.S.C. § 2422(b)); and a statute that likely could have applied here but wasn’t even mentioned in available documents, production of child pornography (18 U.S.C. § 2255). Individuals charged under these federal statutes, in my experience, were typically subject to strict mandatory minimums of 10 or 15 years in prison, per count, and those counts were often stacked one on top of the other.

Congress has passed stringent laws for sex trafficking and sexual exploitation of minors because these are heinous crimes. Epstein, however, was able to escape this punishment, despite alleged crimes that by all accounts were indeed heinous. Let me preface what follows by saying this: As a former prosecutor, I am reluctant to pass judgment on the decisions of other fellow prosecutors’ decisions without the benefit of all of the facts. However, the known facts in this case cry out for an official, thorough inquiry.

In my experience, allowing the target of an investigation of this nature to plead guilty to anything less than the applicable mandatory minimums would have only been allowed a few specific circumstances, like when the evidence against the target was weak or questionable or when victims did not want to come forward or testify or when there was some other strong mitigating factor such as mental incapacity of the target. Based on reporting thus far, none of these circumstances appear to have been factors here. There was some indication that Epstein had provided unspecified cooperation in exchange for such lenient treatment. But I can think of only two examples, in my experience, of a sexual predator of Epstein’s magnitude being allowed to cooperate in exchange for leniency. And, in those cases, the cooperation was extremely unique and substantial. Was that the case here?

In addition, in my experience, many different supervisory attorneys would be involved in a decision to allow a defendant like Epstein to receive a “break” like this. Such discussions and decisions would be made following meetings with defense counsel and all relevant personnel from the U.S. attorney’s office together discussing the different equities. In Epstein’s case, the U.S. attorney at the time, Acosta, was directly and personally involved in these negotiations, including through having meetings with former colleagues about the case at off-site locations without the case attorneys involved. That seems highly irregular in and of itself.

Read the full article.

 

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07/17/19

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"Patch" featured Pace University's Orientation for first-year students in "Preparing Students For College A Top Priority At Pace University"

07/16/19

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"The Washington Post" featured Pace University's Elisabeth Haub School of Law criminal justice fellow Mimi Rocah in "Sometimes a Justice Department lawyer must just say ‘no’"

07/16/19

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"New York Post" features the executive director of Pace law school’s energy and climate center Karl Rabago in "Con Ed reverses course, admits power cable fire started blackout"

07/16/19

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"FiOS1" featured Pace University's Seidenberg School of Computer Science and Information Systems in "Cybersecurity Training for Teachers | Pace University"

07/16/19

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"Law 360" featured Lubin's Associate Professor Philip Cohen in "4 International Tax Cases To Watch In The 2nd Half Of 2019"

07/15/19

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"Westchester Lawyer" featured Pace University's Elisabeth Haub School of Law Assistant Dean Jill Backer's cover article in "Gender and Salary Equity in 2019"

07/15/19

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"AdWeek" featured Pace University’s Lubin School of Business marketing professor Larry Chiagouris in "Why more brands aren’t helping out with the humanitarian crisis at the border"

07/15/19

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"About Her" featured Pace University's Saudi Student Club in "Washington DC Hosts Saudi Art Exhibition"

07/15/19

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"Salon" featured Pace University's Elisabeth Haub School of Law criminal justice fellow Mimi Rocah in "Jennifer Rubin questions Trump's real motivation for citizenship question"

07/12/19

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"The New Yorker" featured distinguished Pace professor emerita Karla Jay in "Coming Out, and Rising Up, in the Fifty Years After Stonewall"

07/12/19

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"The Cut" featured Pace University's Elisabeth Haub School of Law criminal justice fellow Mimi Rocah in "Could Jeffrey Epstein Avoid Life in Prison?"

07/12/19

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"Palm Beach Post" featured Pace University's Elisabeth Haub School of Law criminal justice fellow Mimi Rocah in "Rubin: Four reasons Mueller's agreement to testify is a big deal"

07/12/19

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Press Release: Preparing Students for College a Top Priority at Pace University

07/11/19

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"News12" featured Elisabeth Haub School of Law Professor Bennett Gershman in "Legal expert: Mayor Richard Thomas’ deal is like a ‘get out of jail free’ card"

07/11/19

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"MSNBC" featured Pace University's Elisabeth Haub School of Law criminal justice fellow Mimi Rocah in "Past prosecutor Acosta's leniency adds twist to new Epstein case"

07/11/19

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"High Plains Reader" featured incoming Dyson College first-year PPA student Nicole Niteka in "Trollwood production examines life in someone else’s shoes"

07/11/19

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"Laredo Morning Times" featured Pace University's Elisabeth Haub School of Law criminal justice fellow Mimi Rocah in "Saying Epstein case ended in Florida is risky for the defense, legal experts say"

07/10/19

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"Law 360" featured Pace University's Elisabeth Haub School of Law Professor Bennett Gershman in "4 Things To Know About The Jeffrey Epstein Charges"

07/10/19

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"Newsweek" featured Pace University's Elisabeth Haub School of Law criminal justice fellow Mimi Rocah in "Legal Experts Have 'Zero Confidence' in William Barr After Report He Won't Recuse Himself From Jeffrey Epstein Case"

07/10/19

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"Broadway World" featured Dyson College PPA graduates Talya Groves and Christine Shepard in "Meet the Current Cast of MEAN GIRLS on Broadway!"

07/09/19

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"Daily Beast" featured Pace University's Elisabeth Haub School of Law criminal justice fellow Mimi Rocah's piece: "Epstein shouldn’t expect to wiggle free again"

07/09/19

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"Bloomberg" featured Pace University's law school criminal justice fellow Mimi Rocah in "The Epstein Defense: Arguing Case Ended in Florida Is Risky Bet"

07/09/19

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"Williamsport Sun-Gazette" features Pace Law graduate Jeffrey Deskovic in "From convicted murderer to exonerated to law grad"

07/08/19

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"New York Law Journal" featured Pace Law professors Michael Mushlin and David Cassuto's piece "Studying the Destructive Nature of Solitary Confinement"

07/01/19

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"Washington Blade" featured distinguished Pace professor emerita Karla Jay in "Stonewall eyewitness Karla Jay clarifies misconceptions"

07/01/19

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"Forbes" featured Pace President Marvin Krislov's latest piece: "Here's Why Business Education Remains Crucial In A STEM World"

06/27/19

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"New York Post" featured Lubin economics professor Joseph Salerno in "High NYC housing costs contribute to poorer quality of life"

06/24/19

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"amNY" featured Pace professor emerita Karla Jay in "Stonewall's impact, 50 years after the riots: 'It's much more than a bar'"

06/24/19

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"The Washington Post" featured Haub Law School Professor Bennett Gershman in "The judge who speaks Trump's language"

06/24/19

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"Westchester County Business Journal" featured Haub Law School Dean Horace Anderson's piece "Keeping Pace: Health care jobs are at the intersection of science, technology and the law"

06/21/19

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"Business Wire" featured Lubin's Professor and Associate Dean Randi Priluck in "Children and Screens Calls on Instagram to Remove “Likes” From Its Platform"

06/21/19

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"Currents News TV" featured Pace University's Event "Keeping Worshippers Safe – How to Prevent Attacks"

06/20/19

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"Psychiatry Advisor" featured Pace New York's Counseling Psychologist Faedra R. Dagirmanjian in "Sensible Strategies to Overcome Barriers to Depression Treatment"

06/20/19

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"WAMC Northeast Public Radio" featured President Marvin Krislov's interview in “The Best Of Our Knowledge #1499 "The SAT Adversity Index"

06/18/19

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"The National Law Journal" featured Pace Law Professor Bennett Gershman's piece "Rush to Judgment Against Central Park Five Was the Real Crime"

06/18/19

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"New York Law Journal" featured Pace Law Professor Bennett Gershman's piece "Some Thoughts on 'People v. John Giuca'"

06/18/19

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"The Journal News" featured Pace University's Physician Assistant program adjunct professor Paige Long Sharps, M.D. in "What New York and New Jersey are doing to stem black women's deaths from childbirth"

06/17/19

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"Dance Spirit" featured Pace University's Dyson commercial dance student Darriel Johnakin in "2019 Cover Model Search Finalist Darriel Johnakin"

06/17/19

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"CBC" featured Dyson's Clinical psychologist Leora Trub in "The agony and the ecstasy of texting while dating: experts weigh in"

06/17/19

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"NBC Washington" featured Lubin student Sasha Alston and her children’s book, Sasha Savvy Loves to Code, in "Young DC Author Inspires Girls to Pursue STEM"

06/14/19

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"Forbes" featured School of Law Professors Bridget Crawford and Emily Gold Waldman in "Female Founders Call Tampon Tax Unconstitutional And Put A Deadline On Reform"

06/13/19

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"Broadway World" features the Michael Schimmel Center for the Arts in "Kelsey Grammer Joins Alec Baldwin and Jane Lynch as Hosts of Ovation's INSIDE THE ACTOR'S STUDIO"

06/13/19

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"The Hudson Reporter" featured Seidenberg's Professor Darren Hayes in "BAYONNE BRIEFS"

06/12/19

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"Digiday" featured Dyson College of Arts and Sciences Professor Leora Trub in "‘A totally different phenomenon’: Airpods are changing agency office life"

06/11/19

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"Newsday" featured Lubin School of Business Professor Bruce Bachenheimer in "Long Beach mattress company's founders regroup — more than once"

06/11/19

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Press Release: Pace University’s Wirchansky Selected by Brewers in 2019 MLB Draft

06/10/19

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"The Record" featured Seidenberg's Assistant Professor Darren Hayes in "Quest Diagnostics breach: What to do if you may have been affected"

06/10/19

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"River Journal" featured School of Education's Professor Christine Clayton in "Sleepy Hollow High School Teacher Presents and Implements New Science Curriculum"

06/10/19

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"Marshall News Messenger" featured Jeffrey Deskovic, 2019 Pace Law graduate in "Michelle Malkin: From convicted murderer to exoneree to law grad"

06/10/19

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"Valley News" featured Pace student-athlete 2019 Graduate Danny Wirchansky in "Nighthawks notebook: Feeling a draft, MLB-style"

06/07/19

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"Minot Daily News" featured Pace Law graduate Jeffrey Deskovic in "From convicted murderer to exonerate to law grad"

06/07/19

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"News Busters" featured Pace 2019 Law School graduate Jeffrey Deskovic in "From Convicted Murderer to Exoneree to Law Grad"

06/07/19