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release he would have been brought back to the Stockade and work release would have been 
terminated." Chuck Weber, PBSO disputes claim that Jeffrey Epstein had sex on work release. 
CBS 12 News, July 17, 2019. 
• 
New Mexico, Florida And The Virgin Islands 
With respect to Mr. Epstein's sex offender status in New Mexico, Defense Counsel has 
submitted a letter, dated August 19, 2010, from Regina Chaco!), Assistant Bureau Chief, Law 
Enforcement Record Bureau of the New Mexico Department of Public Safety, which states that 
Mr. Epstein "is not required to register [as a sex offender] with the State of New Mexico at this 
time for [his) 2008 Florida conviction of Procuring [a] Person Under 18 for Prostitution." Dkt. 
25, Ex. A. The Court requested from the Defense all application materials that Mr. Epstein may 
have submitted to the New Mexico Department of Public Safety, believing that the Department 
would not initiate the waiver of Mr. Epstein's sex offense registration on its own. No such 
materials have been received by the Court as of this date. 
The Court understands that Mr. Epstein is also registered as a sex offender in the Virgin 
Islands (Level I) and in Florida (Level I). It has received no materials from the Defense 
regarding sex offender applications or proceedings in those two jurisdictions. 
In sum, based upon all of the proffers and evidence set forth at pp. 10-21 above, the Court 
finds by clear and convincing evidence that Mr. Epstein poses a danger to other persons and to 
the community. 
G. Mr. Epstein Also Poses A Risk Of Flight 
In the section that follows, the Court considers "risk of flight" even though it has already 
determined that Mr. Epstein presents a danger to the community. "[A] finding of either danger 
to the community or risk of flight will be sufficient to detain the defendant pending trial." 
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United States v. King, 849 F.2d 485, 488 (11th Cir. 1988) (quoting United States v. Pones 786 
F.2d 765 (7th Cir. 1985)). The Court finds that the Government has shown by a preponderance 
of the evidence that Mr. Epstein is a flight risk. 
The factors to be considered in analyzing risk of flight are the same factors that apply 
when analyzing dangerousness. They are: (I) the nature and circumstances of the crimes 
charged; (2) the weight of the evidence against the defendant; (3) the history and characteristics 
of the defendant, including the person's character and financial resources; and (4) "the 
seriousness of the danger posed by the defendant's release." 18 U.S.C. § 3142(g). "The weight 
afforded to each factor under section 3142(g) is within the 'special province' of the district 
court." paulino 335 F. Supp. at 610. 
At the outset, it should be noted that the Pretrial Services Report, dated July 12, 2019, 
concludes that: "The defendant poses a risk of nonappearance for the following reasons: 
1. [Mr. Epstein's] Extensive foreign travel and possession of travel documents 
2. [Mr. Epstein's] Residential and Financial Tics outside this District and Country 
3. [Mr. Epstein's] Employment ties outside this country 
4. [Mr. Epstein's] Unexplained assets 
5. [Mr. Epstein's] Criminal History including [his] conviction for a [] sex offense [with 
minors in Florida in 2008]." Pretrial Services Report, dated July 12, 2019 at 4. 
• The Crimes Charged Against Mr. Epstein 
Mr. Epstein has been charged with among the most serious crimes recognized by U.S. 
Federal law. The Government has alleged that Mr. Epstein intentionally sought out and sexually 
abused minor girls, including those "particularly vulnerable to exploitation." Dkt. II, Ex. 1, at 2. 
He did this in multiple locations, including New York and Palm Beach. Id: And, Mr. Epstein 
allegedly "worked and conspired with others, including employees and associates who facilitated 
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his [unlawful] conduct, by . . . contacting victims and scheduling their sexual encounters." 
Indictment 4; 4. These crimes, as already noted, carry a maximum sentence of 45 years of 
incarceration and give rise to a presumption of pre-trial remand. 18 U.S.C. § 3142 (eX3XE): iSS 
United States v. Hardy. 2019 WL 2211210, at •10 (D.D.C. May 22, 2019) ("'Ilse significant 
harms and dangers of these crimes animated the Congress to create the statutory presumption of 
detention."). The nature and circumstances of the crimes charged and the severity of the potential 
punishment support a finding that Defendant poses "a serious flight risk and that no conditions 
can be set to reasonably assure his appearance for trial." United States v. Citing, 2013 WL 
3802012, at •2 (S.D.N.Y. July 19, 2013). 
• Weight Of The Evidence 
The Government's evidence against Mr. Epstein appears strong. The evidence includes 
testimony of victims, some of whom were minor girls when they were allegedly sexually abused 
by Mr. Epstein; other witnesses, including potential coconspirators; physical evidence, including 
passports reflecting extensive foreign travel; sexually suggestive photographs of nude underage 
girls; plea discussions; and police reports describing witness tampering and intimidation. See,
tg, United States v. Fama 2013 WL 2467985, at *3 (S.D.N.Y. June 7, 2013) ("the Court 
recognizes the difficulty inherent in assessing the Government's case before trial, and is mindful 
not to reach any conclusions about [the Defendant's] guilt or innocence. Indeed, some courts 
have described the weight of the evidence factor as the 'least important of the § 3I42(g) factors 
for these reasons."); see also Hir. 517 F.3d at 1090. 
• 
History And Characteristics Of The Defendant Including His Financial Resources 
Mr. Epstein pled guilty to two state felonies involving minor girls in Florida. He also 
held plea discussions regarding witness tampering in Florida in 2008. He is a registered Level III 
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sex offender in New York and a registered sex offender in Florida (Level I) and the Virgin 
Islands (Level I). Mr. Epstein is 66 and is reported to be a self made multi-millionaire. He did 
not graduate from college. Mr. Epstein's vast wealth, including substantial liquid assets, multiple 
residences, private plane(s), a S8,672,823 residence in Paris. France. and relatively limited 
family ties to the United States in the sense that he is single with no children and his parents are 
deceased. He has a brother who Defense counsel asserts has offered to serve as a guarantor for 
Mr. Epstein by pledging his home in West Palm Beach, Florida. (The Court notes that the 
Pretrial Services Report, dated July 12. 2019. states that - [t]he defendant stated he maintains 
minimal contact with his brother, Mark Epstein, and that his exact location is unknown at this 
time." Pretrial Services Report at 2.) 
Mr. Epstein engages in extensive overseas travel often relying on his own plane(s). The 
Government argues persuasively that "there is an extraordinary risk of flight, particularly given 
the defendant's exorbitant wealth, his ownership of and access to private planes capable of 
international travel, and his significant international ties. Indeed, the arrest of the defendant 
occurred when he arrived in the United States on his private jet after having returned from a 
multi-week stay abroad." Dkt. II, Ex. 1 at 1. "[I]n the past 18 months alone, the defendant has 
traveled abroad, via private jet, either into or out of the country on approximately more than 20 
occasions." Id. at 3. 
In a recent search of Defendant's New York City home, law enforcement seized an 
expired Austrian passport bearing Mr. Epstein's photo but not his name. (The passport is in 
another name.) The Austrian passport lists residence in Saudi Arabia. According to the 
Government. Defense counsel declined to respond when asked by the Government if the 
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"Defendant is currently, or has been in the past, a citizen or legal permanent resident of a country 
other than the United States." Dkt. 23 at 2. 
Defense counsel contends that Defendant has one active passport that was surrendered 
and that "Mr. Epstein has no foreign passports." Dkt. 6 at 3 n. 3. With regard to the Austrian 
passport, the Defense explains that "Epstein . . . acquired the passport in the 1980s, when 
hijackings were prevalent, in connection to Middle East travel. The passport was for personal 
protection in the event of travel to dangerous areas, only to be presented to potential kidnapers, 
hijackers or terrorists should violent episodes occur." Dkt. 24 at 8. Details about how the 
passport was procured by Mr. Epstein in the name of another individual were not provided and 
are not known to the Government. acs Dkt. 23 at 2 ("The Government is attempting to obtain 
additional information about the Foreign Passport, including how it was obtained and whether 
the passport is genuine or fabricated. But the defendant's possession of what purports to be a 
foreign passport issued under an alias gives rise to the inference the defendant knows how to 
obtain false travel documents and/or assume other, foreign identities. This adds to the serious 
risk of flight posed by the defendant."). The Government also argues that "the passport contains 
numerous ingress and egress stamps, including stamps that reflect use of the passport to enter 
France, Spain, the United Kingdom, and Saudi Arabia in the 1980s." Dkt. 30. By submission 
dated July 18, 2019, the Defense explains: "Epstein was given the passport at issue by a friend . . 
. He never used the document to travel internationally and never presented it to any immigration 
or customs authority. I he passport stamps, predating his receipt of the document, do not reflect 
Mr. Epstein's entries or exits." Dkt. 31. 
Defense counsel has submitted a one page document called "Asset Summary - June 30, 
2019." It indicates that Epstein has cash in the amount of $56,547,773; fixed income valued at 
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$14,304,679; equities valued at $112,679,138; hedge funds and private equity valued at 
$194,986,301; properties located at 9 East 71st Street, NY. NY 10021 valued at $55,931,000,M 
valued at $17,246,208, 358 El Bulb  Way, Palm 
Beach, Florida 33480 valued at $12,380,209, 
valued at 
$8,672,823, 
(parcels A, B, and C) valued at 
$22,498,600 and 
(parcels A, B, and C). Dkt. 14 at 
18. The Court has advised Defense counsel that this "cursory" asset statement is insufficient to 
support a bail package for the reasons, among others, that it is not verified and does not show 
expenses, indebtedness, or liabilities. 
Law enforcement has informed the Government that a safe in the Defendant's Ncw York 
home very recently contained "more than $70,000 in cash ... 48 loose diamond stones, ranging 
in size from approximately I carat to 2.38 carats, as well as a large diamond ring. The 
Government is currently unaware of whether the Defendant maintains similar I amounts] of cash 
and/or jewels at his multiple properties. or in other locations. Such ready cash and loose 
diamonds arc consistent with the capability to leave the jurisdiction at a moment's notice." Dkt. 
23 at 3. 
The Defendant's vast wealth and influential contacts have provided him with the means 
to pay individuals to assist him in unlawful endeavors, including potentially fleeing the 
jurisdiction. In the past. "the Defendant worked with others, including employees and associates 
who facilitated his exploitation of minors, by among other things, contacting victims and 
scheduling their sexual encounters with the defendant, both in New York and in Florida." Dkt. 
I I, Ex. I at 2. 
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David Boies, who, as noted, represents identified victims in this case, advised the Court 
that while a civil case was proceeding against the Defendant "we had situations in which we had 
witnesses who were cooperating with us and then were contacted by either Mr. Epstein or his 
lawyers and who then stopped cooperating with us." 7/15/19 Tr. at 71; see tag United States v. 
Liciustani 356 F.Supp.3d 246 (E.D.N.Y. 2019) ("[T]he combination of Defendant's alleged 
deceptive actions, access to substantial financial resources, frequent international travel, 
complete lack of ties to the United States, and extensive ties to foreign countries without 
extradition demonstrates Defendant poses a serious risk of flight." ); United States v. Epstein. 
155 F.Supp.2d 323, 326 (E.D. Penn. 2001) ("The crucial factor, however, is defendant's lack of 
tics to the United States and his extensive tics to Brazil with which no extradition treaty exists. 
In our view, his forfeiture of Slmillion worth of assets in the United States would not deter him 
from flight when in Brazil he has significant wealth, a lucrative job, the presence of his family, 
and insulation from ever being forced to stand trial."). 
Viewing the totality of the circumstances, the Court finds that the Government has shown 
by a preponderance of the evidence that Defendant is a serious risk of flight and that no 
conditions can be set that will reasonably assure his appearance at trial. "While other judges in 
this district have found that an armed security guard may be sufficient to assure a defendant's 
appearance, even when he is a serious risk of flight ... this Court does not believe that that 
condition, even coupled with the additional conditions proposed, would be sufficient." United 
Cilins, 2013 WL 3802012, at *3. 
• 
The Danger Posed By The Defendant's Release 
As demonstrated infra. Mr. Epstcin's dangerousness is considerable and includes sex 
crimes with minor girls and tampering with potential witnesses. The discussion at pp 10-21 is 
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incorporated here by reference. See Minnici, 128 F. App'x at 829-30 ("the alleged activities 
[we]re of an addictive sexual nature that cannot be suppressed simply by a restrictive set of bail 
conditions"); see also Milian, 4 F.3d at 1049 ("(T]he protection of the community can be assured 
only by continued detention."). 
The Court has carefully considered the issue of Defendant's ability and motivation for 
fleeing U.S. jurisdiction. The Court finds that the Government has proven by a preponderance of 
the evidence that, among other things, the Defendant's limited family ties to the United States, 
his residence in Paris, his extensive overseas travel, his significant wealth and his substantial 
resources (including private planes), and the potential 45 year term of imprisonment that may be 
imposed should there be a conviction in this case, provide incentive, motive and wherewithal to 
flee. Indeed, these factors render him a "classic" flight risk. See. e.g. United States v. Abdullahu. 
488 F.Supp.2d 433, 445 (D.N.J. 2007) ("After reviewing the totality of the evidence, the Court 
has reached the inescapable conclusion that the government has proved by a preponderance of 
the evidence that no condition or combination of conditions exist that will reasonably assure the 
defendant's appearance at trial. The defendant faces serious criminal charges ... The defendant 
faces a potential ten year prison sentence and involuntary deportation. The defendant does not 
have permanent and longstanding ties to this area, he has the means and incentive to flee and he 
has family ties and a place to live in an overseas country that will not extradite him to the United 
States."). 
H. Defendant's Proposed Bail Package 
I laving determined that Mr. Epstein is a flight risk (and also a danger to the community), 
the Court next examines the Defendant's proposed bail package. See 18 U.S.C. § 3142(b)-(0(2). 
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The Court finds that the Defendant's proposed bail package is inadequate. Among its 
deficiencies are these: 
(1) The bail package is not accompanied or supported by audited or certified financial 
statements, including details of income and expenses and debt obligations. There is no affidavit 
from Mr. Epstein. As noted, Defense counsel submitted a cursory one page "Asset Summary - 
June 30, 2019" on Mr. Epstein's behalf in which he discloses several categories of assets totaling 
$559,120,954. The Defense states that it "would be impossible for Epstein — given, among other 
impediments, his detention, inability to quickly access pertinent records. and inability to quickly 
make a precise valuation of particular assets — to provide a sufficient financial statement by the 
Court's 5 pm deadline." Dkt. 23 at 4. 
The absence of accurate and comprehensive financials, sworn to by the Defendant, does 
not allow the Court meaningfully to assess Defendants' own proposed bail package nor would it 
enable the Court to fashion a bail package on its own. The Court would not be able to determine 
what level of bail — in relation to Epstein's finances — would reasonably assure the Defendant's 
appearance. Defense counsel proposed at the bail hearing on July 15, 2019 that it would take a 
few days to prepare accurate financials for Mr. Epstein. He also suggested that he would do so 
(only) if the Court were agreeable to granting bail. This "offer" appears disingenuous for a 
person as wealthy and experienced in financial matters as Mr. Epstein. kg Tr. 7/15/19 at 50 
(Court: "There needs to be a fuller financial picture to know what would be appropriate." 
Defense Counsel: "Let me be blunt. It was our first effort ... ."). That Mr. Epstein does not have 
a financial statement, including liabilities and expenses, readily available is difficult to 
understand. 
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(2) The defense bail package proposes excessive involvement of the Court in routine 
aspects of Mr. Epstein's proposed home confinement. This is not the Court's function. 
United States v. Zarrab, 2016 WI. 3681423, at *10 (S.D.N.Y. June 16, 2016) ("The [bail 
package] . . . proposed by the defense is not reasonable because, in too many respects, it 
substitutes judicial oversight and management for (more appropriate) reliance upon trained, 
experienced, and qualified professionals from the U.S. Bureau of Prisons and the U.S. Marshals 
Service."). The Defense package components would embroil the Court in issues, among others, 
relating to the level of force that may be used to secure the Defendant, who may enter the 
residence, daily reporting by Mr. Epstein. and reporting by so-called Trustee(s) designated to live 
with and supervise Mr. Epstein. $  United States v. Valerio. 9 F. Supp. 3d 283, 295 (E.D.N.Y. 
2014) ("The questions about the legal authorization for the private security fum to use force 
against defendant should he violate the terms of his release, and the questions over whether the 
guards can or should be armed, underscore the legal and practical uncertainties - indeed, the 
imperfections - of the private jail-like concept envisioned by defendant, as compared to the more 
secure option of an actual jail."). 
(3) The Defense proposal to give advance consent to extradition and waiver of extradition 
rights is, in the Court's view, an empty gesture. And, it comes into pay only after Mr. Epstein has 
fled the Court's jurisdiction. According to the Government, "The Department of Justice's Office 
of International Affairs is unaware of any country anywhere in the world that would consider an 
anticipatory extradition waiver binding. And, of course, the defendant could choose to flee to a 
jurisdiction with which the United States does not have an extradition treaty." Dkt. 11 at 7. 
(4) Although the Defense has stated that Mr. Epstein would be agreeable to putting up 
"any amount" of collateral or signing "any bond" the Court would require, there has, to date, 
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been no concrete pledge of any real assets or any concrete proposal to turnover deeds to real 
property, or to provide a specific amount of cash. 
7/15/19 Tr. at 50 ("1 am authorized to say 
to the Court that whatever bond you want Mr. Epstein to sign, whether it's 5100 million or an 
amount close to the amount of the asscts that we have provided, Mr. Epstein is prepared to sign 
it."). 
The Court, as noted, has no detailed information regarding the extent of the Defendant's 
assets, including the nature, value and location of all of his assets. There is no mention of any 
expenses. liabilities, or indebtedness. And, there has been no persuasive Defense counter to the 
Government's argument that "even were the defendant to sacrifice literally all of his current 
assets, there is every indication that he would immediately be able to resume making millions or 
tens of millions of dollars per year outside of the United States. He already earns at least 
S10,000,000 per year, according to records from Institution-1, while living in the U.S. Virgin 
Islands. traveling extensively abroad, and residing in part in Paris, France; there would be little to 
stop the defendant from fleeing, transferring his unknown assets abroad, and then continuing to 
do whatever it is he does to earn his vast wealth from a computer terminal beyond the reach of 
extradition." Dkt. 11 at 5 (emphasis omitted). The Defendant, it should also be noted, is already 
at risk of losing some of his real property because the Indictment contains a forfeiture allegation 
regarding any property that was used or intended to be used to commit or to facilitate the sex 
trafficking offenses and that includes, but it is not limited to, the property located at 9 East 71st 
Street, New York, New York. 
(5) The appointment and role of - trustees" who will presumably live with Mr. Epstein 
and monitor his compliance with bail conditions are unacceptably vague. They do not, for 
example, address the conflict that is created by the salary the "trustees" are earning from the 
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Defendant and their purported role as independent monitors. (The same problem arises in 
relation to private 24/7 security guards.) This is especially problematic where, as here, it is 
alleged that employees of the Defendant may have engaged in unlawful acts with and on behalf 
of the Defendant. According to the Government, "the defendant worked with others, including 
employees and associates who facilitated his exploitation of minors, by among other things, 
contacting victims and scheduling their sexual encounters with the defendant, both in Ncw York 
and in Florida." Dkt. 11, Ex. I at 2. 
(6) "As a fallback." the Defense suggests the utilization of and the funding of a private 
security guard agency to "virtually guarantee" Mr. Epstein's presence in court and, presumably. 
also to supervise his behavior. This contingency plan is not a part of Mr. Epstein's 14 point 
proposal. Nevertheless, the Court is asked by the defense to "revisit" its legal viewpoint as 
expressed in an earlier decision concerning 24/7 private home security guards. 
Each bail package in each case is considered and evaluated on its individual merits by the 
Court. And, in view of the Court's finding of dangerousness, a new bail proposal likely would be 
futile. See. e.a. United Ferranti, 66 F.3d at 544 ("No conceivable conditions could ensure the 
safety of the community."); Orena, 986 F.2d at 632 ("We do not agree that the bail conditions set 
by the district court eliminate the danger to the community or are superior to detention for 
purposes of the Bail Reform Act."); United States v. Colombo, 777 F.2d 96, 100 (2d Cir. 1985) 
("These conditions are clearly inadequate to protect the public from one found for bail purposes 
to be a danger to the community."). 
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Conclusion & Order 
Based upon the forgoing, the Government's motion for remand (detention) is granted and 
the Defense motion for pretrial release is denied. 
Dated: New York, New York 
July 18, 2019 
RICHARD M. BERMAN, U.S.D.J. 
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