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 was "EPSTEIN's operative", and "she is evil and to focus on her"
• EFTA00143419, EFTA00068892: "Epstein told colleagues and friends that he was an intelligence asset" - Acosta's Explanation for Lenient Plea Deal
• EFTA00009229: Acosta was former associate at Kirkland & Ellis, the same firm where Ken Starr and Jay Lefkowitz (Jeffrey Epstein's lead NPA negotiators) were partners. Acosta later sought re-employment at K&E while Jeffrey 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; legible copy of the agreement: us-v-maxwell Doc 142-att1)
• 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' (quotation at EFTA00215285)
• EFTA01265910 (Feb 21, 2019): Judge Kenneth Marra ruled that prosecutors led by Acosta 'violated federal law when they failed to tell victims about an agreement not to prosecute' - a breach of the Crime Victims' Rights Act, while the defense team had full notice
• A document states that on July 10, 2019 Acosta held a televised press conference to defend his and the USAO's actions, saying the Palm Beach State Attorney's Office "was ready to allow Epstein to walk free with no jail time, nothing." and that on July 12, 2019 he submitted his resignation to the President (DOJ-OGR-00023004)
• 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 Jeffrey 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 about media reports that Jeffrey Epstein was an intelligence asset. OPR "found no evidence suggesting that Epstein was such a cooperating witness". Villafana told OPR the rumor was completely false. (DOJ-OGR-00023207)
• OPR Report: Acosta personally acknowledged the NPA did not represent an "appropriate punishment" in the federal system (DOJ-OGR-00023210)
• OPR report: "Acosta told OPR that as a junior associate with Kirkland & Ellis from September 1995 to March 1997, he had worked on at least one matter each with Starr and Lefkowitz"; it also records Menchel recalling Acosta finishing a call that Acosta said was Ken Starr (DOJ-OGR-00023097).
• OPR Report: Acosta admitted his federalism approach backfired, his "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). (DOJ-OGR-00023211)
• 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.