The NDA as a Control Tool
Non-disclosure agreements are legitimately used to protect business secrets and personal privacy. In Epstein’s hands, they became a tool for suppressing knowledge of criminal activity.
Who Signed NDAs
NDAs were required of: household staff at all properties, professional contacts who had dealings with Epstein’s business, civil litigation plaintiffs who reached settlements, and others who had knowledge of his activities.
The Settlement NDAs
Civil litigants who settled with Epstein prior to 2019 typically received confidentiality agreements as part of the settlement. This was standard practice but in his case, its primary purpose was suppressing public knowledge.
Enforceability Limits
NDAs cannot legally be used to silence witnesses to crimes; they cannot prevent someone from cooperating with law enforcement; and public policy limits their application in sexual abuse cases in many jurisdictions. However, people who signed them often didn’t know these limits, creating a chilling effect.
Post-MeToo Legislative Response
The MeToo movement prompted many states to pass legislation limiting the enforceability of NDAs in sexual misconduct cases. New York, California, and other states passed such laws. Federal legislation was also proposed.
The Victim Perspective
Many victims who signed NDAs described not fully understanding what they were signing or feeling coerced into signing given their financial and social vulnerability.