Judge Kenneth Marra Rules NPA Violated Crime Victims' Rights Act
US District Judge Kenneth Marra in the Southern District of Florida rules that the 2008 Non-Prosecution Agreement violated the federal Crime Victims' Rights Act. Judge Marra finds that federal prosecutors violated the law by keeping the NPA secret from victims and by negotiating the agreement without notifying victims of their right to be heard. The ruling is a vindication for the decade-long litigation effort led by Bradley Edwards and Paul Cassell on behalf of victims including Courtney Wild.
People Involved
Background
For over a decade, attorneys Bradley Edwards and Paul Cassell had pursued CVRA litigation on behalf of Epstein victims, arguing the secret NPA violated their statutory right to be informed and heard.
The Ruling
On February 21, 2019, Judge Kenneth Marra issued a landmark ruling:
- The 2008 NPA was negotiated in secret from Epstein’s victims
- This violated the Crime Victims’ Rights Act (18 U.S.C. § 3771)
- Specifically, victims had a right to be notified and to confer with prosecutors before an agreement was reached
- The SDFL had not only failed to notify victims but had actively kept the negotiations secret
The Language
Judge Marra’s opinion used pointed language:
“Particularly disturbing is the fact that a federal prosecutor can confer with a sex offender, not to obtain information, but rather to plan a strategy to conceal criminal conduct from the victims.”
The Remedy Question
The ruling created a difficult question: what was the appropriate remedy?
- The NPA was years old
- Epstein had already served his sentence
- Voiding the NPA entirely would reopen federal prosecution
The question of remedy was under consideration when Epstein’s arrest in July 2019 changed the situation.
Significance
The Marra ruling was the clearest judicial vindication for the years of litigation and formally established that the 2008 NPA was obtained through illegal means.