Barry Krischer Declines Forceful Prosecution — March 2006
Palm Beach County State Attorney Barry Krischer receives the PBPD's comprehensive investigation file on Jeffrey Epstein and declines to file felony charges commensurate with the evidence. Instead, his office files a single charge of solicitation of prostitution — a misdemeanor — prompting the Palm Beach Police to take the extraordinary step of appealing to the FBI and U.S. Attorney's office directly.
People Involved
In early 2006, Palm Beach County State Attorney Barry Krischer received Detective Joseph Recarey’s comprehensive investigation file on Jeffrey Epstein, which documented at least 36 victims and multiple counts of sexual abuse against minors. Krischer’s response — offering only a minor solicitation charge — triggered one of the most controversial prosecutorial decisions in a case full of them.
The Investigation File
The PBPD had compiled a substantial case against Epstein. The file included victims’ testimonies, physical evidence from his mansion, financial records documenting payments to young women, and documentation of the referral network. The evidence supported charges including sexual battery, lewd and lascivious behavior, and child pornography.
Krischer’s Decision
Krischer declined to file the felony sex abuse charges the evidence supported. His office presented a single count of soliciting prostitution to a grand jury — a misdemeanor that would carry minimal consequences. The framing of the case as solicitation of prostitution rather than sexual abuse of minors was seen as fundamentally mischaracterizing the victims, who were juveniles.
Police Chiefs’ Extraordinary Step
PBPD investigators and Chief Michael Reiter took the extraordinary step of writing directly to the FBI and U.S. Attorney’s office, expressing their concern that the state prosecution was failing. This direct appeal from local police to federal authorities against a state prosecutor was highly unusual.
Krischer’s Legacy
Krischer has been widely criticized as one of the primary institutional failures in the Epstein case. He has maintained he acted appropriately on the evidence he had, though this explanation has been broadly rejected by legal observers who reviewed the case materials.
Federal Involvement
The Palm Beach police’s direct outreach contributed to the FBI’s decision to open a federal investigation, which led eventually to the 2007-2008 Non-Prosecution Agreement process — itself criticized, but a direct consequence of Krischer’s failure.