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current labor secretary, Alexander Acosta — broke the law by entering a secret
sweetheart deal to allow Epstein to serve a cushy sentence without facing evidence
that he assaulted more than 3o underage girls in Palm Beach.
That ruling may prove hollow, however, if the alleged victims are now gagged by
their settlements with Epstein. What a galling next chapter that would be in this
appalling story.
Epstein, whose enormous and unexplained wealth attracted a circle of friends that
included Bill Clinton, Donald Trump, actor Kevin Spacey and Britain's Prince
Andrew, travels from mansion to mansion while poor men accused of lesser
crimes rot in prison.
This scandal of secrecy points to a creeping rot in the American justice system.
Too many cases involving potential felonies are resolved through civil settlements
that include ironclad NDAs. Once the money changes hands, witnesses can no
longer testify to crimes; indeed, penalties for telling the truth after a settlement
often run to the millions of dollars — ruinous for most crime victims. It's a short
step removed from silencing witnesses with cement shoes.
"It is a classic case of rich man's justice," said Boies. Add the fact that wealthy
predators often target victims in financial need. That was allegedly Epstein's M.O.
as he sent recruiters into working-class neighborhoods in search of teenagers to
give him "massages." The rich exploit the poverty of their victims to extract
promises of silence — backed by the force of law because the NDAs are binding
contracts.
What's needed is a simple change to the law, Boies contends: "Simply say that
agreements to conceal evidence of a crime are not enforceable."
The Epstein case is particularly creepy but not unique. The #MeToo movement
has revealed the pernicious misuse of NDAs to enable crime. Powerful men such
as producer Harvey Weinstein a nd television executive Leslie Moonves reportedly
made use of the agreements to hide evidence of sexual assault or harassment. This
secrecy in turn allowed offenders to target additional victims.
That's where the public interest comes in. Crime is not just a matter between an
offender and a victim; crime is also an offense against the public order. The public
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