Alexander Acosta

Key Findings

• EFTA00009550: Operation Leap Year: FBI Agent Testimony (2007)
• EFTA01265910: Judge Ruled Acosta Violated Federal Law
• EFTA01249718: Palm Beach Police Chief: Trump Called PBPD First, Said "Maxwell is Evil"
• EFTA00143419, EFTA00068892: "Epstein Belonged to Intelligence" — Acosta's Explanation for Lenient Plea Deal
• EFTA00009229: Acosta was former associate at Kirkland & Ellis — the same firm where Ken Starr and Jay Lefkowitz (Epstein's lead NPA negotiators) were partners. Acosta later sought re-employment at K&E while Epstein case was still active, recusing only in Dec 2008
• NPA signed Sept 24, 2007: Granted immunity to all co-conspirators 'including but not limited to Sarah Kellen, Adriana Ross, Lesley Groff, or Nadia Marcinkova' (EFTA00215004)
• EFTA00027666: Acosta directed prosecutors 'not to issue victim notification letters' — coordinated victim notification suppression with Ken Starr
• Sept 18, 2007: USAO assured defense the NPA 'would not be made public or filed with the Court' — deliberate secrecy from victims
• Feb 21, 2019: Judge Marra ruled Acosta's office violated CVRA — 'purposefully withheld this information from the victims' while giving defense team full notice
• Resigned as Labor Secretary July 12, 2019, three days after press conference defending NPA. Argued State Attorney 'was ready to allow Epstein to walk free' — NPA at least guaranteed incarceration and sex offender registration
• EFTA00081374 (Jul 2020): SDNY memo documents 6-month gap in Acosta's sent emails from 5/2007-11/2007 — covering entire NPA negotiation period. Gap described as 'insurmountable.' Caused by email system migration, but conceals all direct Acosta-defense communications during the most critical period
• EFTA00213048 (Dec 4, 2007): Acosta wrote to Ken Starr: 'I do not mind this Office's decision being appealed to Washington, and have previously directed our prosecutors to delay filings in this case to provide defense counsel with the option of appealing our decision' — explicitly pausing a child sex trafficking prosecution to let the defense lobby DOJ headquarters
• EFTA02857524 (May 1, 2007): Addressee of the complete 205-page Operation Leap Year prosecution memo seeking approval for a 60-count federal indictment — the case Acosta's office abandoned in favor of the NPA
• EFTA02770202 (2011): As US Attorney, wrote Dec 19, 2007 letter noting Epstein violated NPA deadline to enter guilty pleas by Oct 26, 2007
• Nov 30, 2007: Wrote to Ken Starr: "I am directing our prosecutors not to issue victim notification letters until this Friday at 5 p.m., to provide you with time to review these options with your client." Victims were never notified — letters were never sent due to defense objections (doe-v-us-npa, Doc 361 ¶83-84; Doc 435 p.13)
• OPR Report (us-v-maxwell Doc 204-att3): Found Acosta exercised "poor judgment" but NOT professional misconduct. "OPR did not find evidence that his decision was based on corruption or other impermissible considerations, such as Epstein's wealth, status, or associations." His federalism principles were "too expansive" and his view of federal interest "too narrow." He resolved the investigation "before significant investigative steps were completed."
• OPR Report: Acosta told OPR he "did not have any information about Epstein cooperating in a financial investigation or relating to media reports that Epstein had been an intelligence asset." OPR found "no evidence" supporting the intelligence asset claim. Villafana called it "urban myth" and "completely false."
• OPR Report: Acosta personally acknowledged the NPA was not "appropriate punishment in the federal system." He knew Starr and Lefkowitz from his time as junior associate at Kirkland & Ellis (1995-1997). Fn. 94: Menchel recalled walking into Acosta's office as he was finishing a call: "That was Ken Starr."
• OPR Report: Acosta admitted his federalism approach backfired — "my attempt to backstop the state here rebounded, because in the process, it ended up being arguably more intrusive." The Petite policy he invoked "on its face" did not apply (his own words to OPR).
• EFTA02830776 (OPR Report, full text, 348 pages): Full DOJ Office of Professional Responsibility report now in disclosure corpus. Concluded Acosta exercised "poor judgment" but did not commit professional misconduct. Found no evidence NPA was motivated by corruption, wealth, or status. OPR also found no clear standard required indictment.