The Epstein Non-Prosecution Agreement: A Complete Breakdown of the 2007 Plea Deal

The Deal That Changed Everything

The 2007 Non-Prosecution Agreement (NPA) between Jeffrey Epstein's legal team and the U.S. Attorney's Office for the Southern District of Florida is widely regarded as one of the most controversial plea arrangements in modern American legal history. According to the Miami Herald's "Perversion of Justice" investigation, the agreement allowed a man identified by the FBI as having victimized dozens of underage girls to plead guilty to minor state charges, serve a lenient sentence with extraordinary privileges, and — crucially — shield unnamed co-conspirators from federal prosecution.

This article provides a comprehensive analysis of the NPA based on the agreement text itself, court records, the DOJ Office of Professional Responsibility review, and verified reporting by the Miami Herald, the New York Times, and the Associated Press.

For a shorter overview, see our 2007 Plea Deal Explained.

The Investigation That Preceded the Deal (2005-2007)

The Palm Beach Police Investigation

The chain of events began in March 2005, when a parent contacted the Palm Beach Police Department to report that her 14-year-old daughter had been paid $300 for sexual acts at Jeffrey Epstein's Palm Beach residence on El Brillo Way, according to the police probable cause affidavit and reporting by the Miami Herald.

The Palm Beach Police Department, led by Chief Michael Reiter, opened a criminal investigation. According to the probable cause affidavit:

Detectives identified multiple underage victims who described being recruited to provide "massages" at Epstein's home
The massages escalated to sexual contact, according to victim statements
A pattern of recruitment emerged in which victims were paid to bring other girls to the residence
Physical evidence, including hidden cameras and photographs, was recovered from the property

FBI Federal Investigation

The case was referred to the FBI after the Palm Beach State Attorney's office initially declined to bring felony charges, according to the Miami Herald. The FBI's investigation expanded the scope significantly:

The FBI identified approximately 36 girls who had been victimized by Epstein, according to FBI records obtained through FOIA
The investigation spanned multiple jurisdictions
The FBI assembled what multiple former federal prosecutors later described as a strong case that would typically warrant federal prosecution
The case was referred to the U.S. Attorney's Office for the Southern District of Florida, led by Alexander Acosta

The Negotiation Timeline (2006-2007)

According to the NPA text, court records, and the Miami Herald's reporting, the negotiation between Epstein's legal team and the U.S. Attorney's Office unfolded over approximately a year:

Mid-2006: Initial Federal Grand Jury Activity

A federal grand jury in Palm Beach began hearing evidence in the case. According to court records and the Miami Herald, the grand jury process was unusual in that it was limited in scope compared to the volume of evidence assembled by the FBI.

Late 2006: Defense Team Engagement

Epstein assembled one of the most formidable legal defense teams in American criminal defense history. According to court filings and the Miami Herald, the team included:

Jay Lefkowitz — Served as the lead negotiator with the U.S. Attorney's Office. Lefkowitz was a prominent Washington attorney who had served in the George W. Bush White House as Special Envoy for Human Rights in North Korea
Alan Dershowitz — The Harvard Law School professor and prominent defense attorney. Dershowitz played an active role in the NPA negotiations, according to court records. He was later himself accused of sexual abuse in connection with Epstein, allegations he has strenuously and consistently denied
Kenneth Starr — The former Solicitor General and Whitewater Independent Counsel whose investigation led to the impeachment of President Clinton. According to the Miami Herald, Starr wrote letters to senior DOJ officials arguing against federal prosecution of Epstein
Gerald Weinberg — A veteran criminal defense attorney based in south Florida who handled aspects of the local proceedings
Jack Goldberger — Another south Florida defense attorney who participated in the legal team

Early 2007: The NPA Takes Shape

According to the NPA document itself and reporting by the Miami Herald and the Associated Press, the terms of the agreement were negotiated between Epstein's legal team and the U.S. Attorney's Office. During his 2017 Senate confirmation hearings, Acosta stated that the deal was the result of a negotiation in which his office sought to ensure Epstein would register as a sex offender and serve jail time, according to the Congressional Record.

September 2007: NPA Signed

The final NPA was executed in September 2007. According to the agreement itself, it was signed by representatives of the U.S. Attorney's Office and Epstein's defense team.

Exact Terms of the Non-Prosecution Agreement

According to the NPA document, which was later made public through the Miami Herald's reporting and court proceedings, the agreement contained the following key provisions:

State Guilty Plea

Epstein would plead guilty to two Florida state charges: one count of solicitation of prostitution and one count of solicitation of prostitution with a minor
The characterization of the victims as engaging in "prostitution" rather than being victims of abuse drew significant criticism from victims' advocates and legal scholars

Sentence

Epstein would receive an 18-month sentence in the Palm Beach County Stockade
He would be required to register as a sex offender

Federal Non-Prosecution

The U.S. Attorney's Office agreed not to pursue federal charges against Epstein in the Southern District of Florida
This provision effectively ended the federal investigation that had identified approximately 36 victims

The Co-Conspirator Immunity Clause

The most controversial provision of the NPA was the blanket immunity extended to unnamed co-conspirators. According to the text of the agreement:

The NPA shielded "any potential co-conspirators" from federal prosecution in the Southern District of Florida
The co-conspirators were not individually named in the agreement
This provision meant that individuals who may have participated in, facilitated, or enabled Epstein's crimes were protected from federal charges in that jurisdiction
The scope of the immunity has been described by legal analysts as extraordinarily broad

Confidentiality

The agreement was explicitly designed to be kept confidential from the victims
Victims were not notified of the NPA's existence or its terms before it was finalized
This confidentiality provision would later be found to violate federal law

How the Victims Were Excluded

One of the most consequential aspects of the NPA was the deliberate exclusion of the identified victims from the process. According to court records and the subsequent CVRA ruling by Judge Marra:

Federal prosecutors had identified dozens of victims through the FBI investigation
The NPA was negotiated, finalized, and signed without any consultation with these victims
Victims were not informed of the agreement's existence
When victims later learned of the deal and sought to challenge it, years of litigation followed
Prosecutors actively concealed the terms from victims, according to the court's findings

The Crime Victims' Rights Act Ruling (2019)

In February 2019, U.S. District Judge Kenneth Marra issued a ruling in the case of Doe v. United States that found the NPA had violated the Crime Victims' Rights Act. According to the court's opinion:

Key Findings

Federal prosecutors were legally required to confer with identified victims before entering the agreement, pursuant to 18 U.S.C. Section 3771
The decision to keep the NPA confidential from victims was inconsistent with CVRA requirements
The government's argument that victims were not entitled to notification was rejected
The court found that prosecutors had an affirmative duty to notify victims and failed to meet it

Limitations of the Ruling

Judge Marra did not void the agreement or order Epstein's re-prosecution
The ruling acknowledged the violation but did not impose a specific remedy
The decision came just months before Epstein was separately arrested on new federal charges by the Southern District of New York in July 2019

The DOJ Office of Professional Responsibility Review

The Department of Justice's Office of Professional Responsibility (OPR) conducted an internal review of the conduct of the federal attorneys who negotiated the NPA. According to the OPR report:

The prosecutors exercised "poor judgment" in several aspects of the case handling
However, the OPR did not find professional misconduct by the attorneys involved
The review examined the decision-making process, the terms of the agreement, and the failure to notify victims
The OPR did not recommend disciplinary action against any of the prosecutors

The distinction between "poor judgment" and "professional misconduct" drew criticism from victims' advocates and legal commentators, who argued that a CVRA violation should constitute more than poor judgment.

Acosta's Explanation and Resignation

Alexander Acosta addressed the NPA on multiple occasions. According to the Congressional Record and reporting by the New York Times:

2017 Senate Confirmation

During his confirmation hearings for Secretary of Labor, Acosta defended the deal by arguing that without the NPA, Epstein might have faced no jail time at all. He stated that the state case was weak and that the federal deal ensured Epstein would register as a sex offender and serve prison time, according to congressional testimony.

2019 Press Conference

After Epstein's July 2019 arrest on new federal charges in New York, Acosta held a press conference in which he again defended the 2007 deal while acknowledging that the world had changed. He stated that the case was handled appropriately given the circumstances at the time, according to the Associated Press.

Resignation

On July 12, 2019, Acosta resigned as Secretary of Labor, according to the New York Times. The resignation came amid mounting pressure over his role in the NPA, following Epstein's arrest on new federal sex trafficking charges by the Southern District of New York.

The Work Release Controversy

Even after the lenient plea deal, the terms of Epstein's sentence were further undermined by an extraordinary work-release arrangement. According to the Miami Herald and Palm Beach County records:

Epstein was permitted to leave the Palm Beach County Stockade for up to 12 hours per day, six days per week
The work release was ostensibly for him to work at a office set up by his attorneys
Epstein was transported by private car and spent much of his time outside the facility
He served approximately 13 months of his 18-month sentence before being released
The Palm Beach County Sheriff's Office later faced scrutiny for the permissive terms of the arrangement

What the NPA Established

The 2007 Non-Prosecution Agreement remains a defining moment in the Epstein case for several reasons:

It shielded potential co-conspirators through an extraordinarily broad immunity clause
It violated victims' federal rights, as established by a federal judge
It characterized child victims as prostitutes, a framing that has been widely condemned
It demonstrated the influence of elite legal representation on the federal justice system
It ultimately ended a political career, when Acosta resigned from the Cabinet in 2019
It fueled public demands for transparency that culminated in the 2026 document release

Primary Sources

Non-Prosecution Agreement text — Miami Herald archive
Doe v. United States, CVRA ruling — CourtListener
DOJ Office of Professional Responsibility — justice.gov/opr
Miami Herald, "Perversion of Justice" — miamiherald.com
Congressional testimony — congress.gov
New York Times, Acosta resignation — nytimes.com
Associated Press — apnews.com

For a shorter overview of the plea deal, see The 2007 Plea Deal Explained. Learn about the prosecutors who handled the case or explore the full investigation timeline. Browse all records in the document library.