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MEMORANDUM 
CONFIDENTIAL 
TO: 
ADA Lisa Friel, Chief, Sex Crimes Unit 
ADA Jennifer Gaffney, Deputy Chief, Sex Crimes Unit 
ADA Patrick Egan, Sex Crimes Bureau and Trial Bureau 40 
FROM 
Jay P. Lefkowitz, 
Sandra Lynn Musumeci 
DATE 
October 8, 2010 
SUBJECT: 
SORA Determination for Jeffrey E. Epstein, NYSID # OSI909, 
Supreme Court Case # 30129-2010 
Jeffrey Epstein, a 57-year old financial advisor and philanthropist who maintains his 
primary residence in the U.S. Virgin Islands, has been advised that he is required to register as a 
sex offender in New York under SORA in connection with a single conviction for a prostitution-
related offense committed in Florida dating back to 2005. His duty to register in New York is 
solely by virtue of the fact that one of several vacation homes that he owns is located in 
Manhattan. Mr. Epstein has already registered as a sex offender in his home jurisdiction of the 
U.S, Virgin Islands, as well as in the other states where he owns secondary residences, Florida 
(the state of his offense) and New Mexico. Significantly, each of these jurisdictions, without 
exception, reviewed his offenses and determined that Jeffrey Epstein was only subject to that 
jurisdiction's lowest reporting obligations, or in the case of New Mexico, not required to 
register at all under the state's sex offender registration scheme. (Notwithstanding New 
Mexico's determination that he need not register at all, Mr. Epstein has voluntarily chosen to 
register in New Mexico in order to ensure his full compliance with the federal Sexual Offender 
Registration and Notification Act (SORNA), 42 U.S.C.A. § 16901 et seq..) 
In the face of Mr. Epstein's tangential relation to New York (where he spends little time), 
his acceptance of responsibility for his actions and demonstrated commitment henceforth to 
abide by the law unconditionally, and the reasoned determinations of other jurisdictions having 
greater contact and control over Mr. Epstein, the Board of Examiners of Sex Offenders in New 
York has recommended that Mr. Epstein be categorized as a Level 3 sex offender. Such a harsh 
designation would subject Jeffrey Epstein to a lifetime obligation of registering with New York 
authorities eve), ninety days, despite the fact that he spends minimal time in New York and is 
already being monitored, under much less onerous provisions, by other jurisdictions with which 
he has closer ties. Making the recommendation of the Board even more unreasonable is the fact 
that the single offense for which Mr. Epstein must register under Florida law, thereby 
triggering his duty to register under New York law, would not be registerable had Mr. Epstein 
committed the conduct in New York rather than Florida. 
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Without minimizing the seriousness of this charge -- Procuring a Person Under 18 for 
Prostitution, in violation of Fla. Stat. § 796.031 -- it must be noted that the New York cognate of 
this crime, Promoting Prostitution in the Third Degree, P.L. § 230.25, is not itself a registerable 
offense under New York's New York's Sex Offender Registration Act (SORA), Correction Law 
§ 168-a(2). Moreover, the conduct underlying this conviction -- a consensual arrangement in 
which Mr. Epstein received massages and engaged in sexual touching in exchange for money 
with M., a young woman over the age of consent under New York law, but just under 18 when 
the offense cited in the Information allegedly occurred (and whose actual age Mr. Epstein did not 
know) -- would have constituted, at most, a misdemeanor if committed in New York instead of 
Florida. See P.L. § 230.04, McKinney's Penal Law § 230.04 (2004).2 In this particular case, 
such conduct is not even registerable under New York law, given the evidence that 
M
.
 
was 
likely 17 at the time that she first met Jeffrey Epstein, and was certainly 17 by the time events 
"escalated" into sexual conduct, well after her first visit.3 Unless it can be proven by "clear and 
convincing evidence" that he engaged in sexual conduct with •. 
specifically during the time 
that she was 16 (which it cannot), Jeffrey Epstein is not guilty of any registerable offense under 
New York law. See Correction Law § 168-a(2)(a)(i). 
In addition to being completely out of line with the sex offender registration decisions of 
every other law enforcement agency that has considered Jeffrey Epstein and his case, the 
submission of New York's Board of Examiners of Sex Offenders is legally infirm, in that it is 
entirely premised on uncharged hearsay allegations contained in an 86-page police report that 
has been deemed unreliable and proven materially false in numerous key respects. Indeed, after 
investigating the host of inflammatory allegations contained in the police report, an experienced 
sex crimes prosecutor in Palm Beach, Florida determined that the only charge that could be 
brought was a solicitation offense, one count of Felony Solicitation for Prostitution, Fla. Stat. § 
796.07 (which, as previously noted, is not a registerable offense under Florida law, see Fla. Stat. 
§ 943.0435).4 That no charge of rape or sexual contact with a minor was ever prosecuted in 
Jeffrey Epstein concurrently pleaded guilty to an Indictment charging him with one count of Felony 
Solicitation for Prostitution, Fla. Stat. § 796.07(2)(f), (4)(c). This charge does not involve any sexual contact with 
underage women and is not a registerable offense under Florida or New York law. See Fla. Stat. § 943.0435; N.Y. 
Correction Law § 168-a(2Xa). 
2 
Under New York law in 2005 (the time of the offense at issue), Patronizing a Prostitute in the Third 
Degree, P.L. § 230.04 criminalized prostitution between a "john" over twenty-one years of age and a prostitute less 
than seventeen years of age. See P.L. § 230.04, McKinney's Penal Law § 230.04 (2004). The statute was amended 
in 2007 to eliminate any particular age parameters. See P.L. § 230.04, McKinney's Penal Law § 230.04 (2010). 
3 
Significantly, the Florida charge to which Mr. Epstein pleaded guilty criminalizes the prostitution of a 
person who is tinder the age of 18 (i.e. 16 and 17 years old), see Fla. Stat. § 796.03, but under New York law, 
patronizing a prostitute is only a registerable offense where the prostitute is under the age of 17, even under the 
broader scope of P.L. § 230.04 in effect today. See Correction Law § 168-a(2Xa)(i) (stating that Patronizing a 
Prostitute in the Third Degree, P.L. § 230.04, is a registerable offense "where the person patronized is in fact less 
than seventeen years of age"). 
Initially, after investigating the entire police report, the Palm Beach County sex crimes prosecutor only 
brought an Indictment charging a single solicitation count. Later, as part of a negotiated arrangement to secure a 
plea, the prosecutor filed a separate Information charging procurement of a person under 18, asserting solicitation as 
2 
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connection with any alleged "I6-year old victim" -- or any woman, for that matter -- is, 
according to the SORA Guidelines themselves, "strong evidence that the offense did not occur." 
Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, Commentary 
(2006) at 5, ¶ 7. Moreover, the "lump it all together" summary supporting the Board's Level 3 
recommendation makes no attempt to separate allegations concerning potentially registerable 
offenses from non-violent sexual activity among consenting adults. In fact, the vast majority of 
allegations contained in the police report -- which, as noted, were rejected by the sex crimes 
prosecutor who investigated them -- involve women who were above the age of consent, or 
women who were unable to specify their ages during certain activities in which they claim to 
have willingly participated. In short, the case summary prepared by the Board should be rejected 
as legally and factually insupportable, and the recommendation of the Board should be wholly 
disregarded. 
A proper evaluation and calculation of Jeffrey Epstein's SORA score, based upon the 
offenses for which Mr. Epstein was convicted and the registerable activity that can foreseeably 
be proven by clear and convincing evidence, as is the proper standard, see Correction Law § 168-
d(3), should place Mr. Epstein squarely within the category of Level 1.6 Such a designation is 
entirely in line with the evaluations of the other jurisdictions that have already considered Mr. 
Epstein's risk level under their own sex offender reporting schemes, as set forth in greater detail 
below: 
• 
In the U.S. Virgin Islands, where Jeffrey Epstein maintains his permanent residence and 
spends the bulk of his time, Mr. Epstein qualifies at the lowest level as a "sex offender" 
(as opposed to a "habitual sexual offender" or "sex predator") and is only required to 
register with authorities once annually for the next fifteen years. See 14 V.I.C. §§ 
1722(b), 1724(d), (e). Mr. Epstein has registered and keeps current his registration with 
the U.S. Virgin Islands' authorities, see Virgin Islands Sexual Offender/Sexual Predator 
Registration Form, August 9, 2010 (Exhibit A),6 and should he move out of the U.S. 
Virgin Islands, he is required to register his new address with the U.S.V.I. Department of 
Justice before leaving, as well as register with his new state of residence within 10 days. 
See 14 V.I.C. § 1724(c). 
the factual basis for the charge (because there has never been any allegation that Jeffrey Epstein actually promoted 
prostitution on behalf of any third-parties). 
Of course, even should an alternative risk calculation be made resulting in a total above the Level I ceiling, 
the District Attorney may ask the Court to exercise its discretion and appropriately designate Mr. Epstein a Level 1 
offender to reflect the negligible risk of future harm that he poses to the citizens of New York. See Sex Offender 
Registration Act: Risk Assessment Guidelines and Commentary, Commentary (2006) at 4, ¶ 5; see also People v. 
Ferrer, 69 A.D.3d 513, 514 (1st Dept. 2010) (observing "the risk level designated in the RAI is merely presumptive, 
and a court may depart from it as a matter of discretion"). 
6 
The attached registration form (Exhibit D), is Mr. Epstein's most recent registration form, filed on August 
9, 2010 when he returned to the U.S. Virgin Islands upon completing his period of community control in Florida. 
Mr. Epstein first registered with Virgin Island authorities upon his release from incarceration. 
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• 
Florida -- where Jeffrey Epstein was actually convicted of the prostitution offense that 
obligated him to register as a sex offender under Florida law -- designated Mr. Epstein as 
the lower of two levels of sex offender under that state's sex offender registration act. 
See Letter of Jack A. Goldberger to New York State Division of Criminal Justice 
Services, August 12, 2010 (Exhibit B); see also Fla. Stat. § 775.21 (Florida sexual 
predator statute), § 943.0435 (Florida sexual offender statute). More tellingly, Florida 
then imposed upon Mr. Epstein the most minimal of reporting requirements under that 
sex offender designation, requiring him to report to Florida authorities only two times per 
year during any period that he is a permanent resident of Florida. See Letter of Jack A. 
Goldberger to New York State Division of Criminal Justice Services, August 12, 2010 
(Exhibit B). Florida authorities further advised Mr. Epstein, upon relocating his 
permanent residence to the U.S. Virgin Islands, that he need only notify them if he 
returns to Florida for more than five days at a time. 
• 
New Mexico, where Mr. Epstein owns a vacation home and has minimal ties -- similar to 
New York -- has determined that it will not require Mr. Epstein to register at all under 
that state's sexual offender reporting statute. See Letter of Regina Chacon, New Mexico 
Department of Public Safety to Jeffery E. Epstein, August 19, 2010 (Exhibit C); see also 
NMSA 1978, § 29-11A-3(E). As previously noted, notwithstanding the state's 
determination that he need not register, Mr. Epstein voluntarily chose to register with 
New Mexico authorities in order to comply with federal requirements under the Sexual 
Offender Registration and Notification Act (SORNA), 42 U.S.C.A. § 16901 et seq.. 
A Level 1 designation under New York's SORA would also accurately reflect the fact 
that Jeffrey Epstein presents a negligible risk of reoffending, as further evidenced by the 
following: 
• 
Mr. Epstein has had no instances of criminal or sexual misconduct whatsoever during 
the past five years, ever since the time that the Florida matter began and Mr. Epstein was 
put on notice about the illegality of his conduct, despite its consensual nature. 
• 
Stephen R. Alexander, Psy.D., the clinical and forensic psychologist who has worked 
with Mr. Epstein since May 2006, praised Mr. Epstein's cooperativeness, self-reflection, 
and receptiveness to treatment and opined, "Relying upon my 25 years of experience as a 
forensic psychologist and the plethora of data gathered by me, I state with confidence that 
Mr. Epstein poses no threat to himself or the community. It is abundantly clear that he 
has learned his lesson and the probability of his reoffending is negligible. Mr. Epstein 
poses no threat to either himself or the general community, and he requires no additional 
intervention or treatment for his no-risk/low-risk status to be maintained into the future." 
Letter of Stephen R. Alexander, Psy.D. to Jack Goldberger, Esq., August 16, 2010 
(Exhibit D). 
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• 
The Palm Beach County Sheriff's Office, which had custody of Mr. Epstein during his 
thirteen months of incarceration, approved Mr. Epstein for work release and permitted 
him to leave the jail and report to work on a daily basis from October 2008 until his 
release in July 2009. See Letter of Deputy K. Smith of August 12, 2010 (Exhibit E). 
• 
While serving his year of community control, both the Court and Mr. Epstein's probation 
officer granted Mr. Epstein's requests for permission to travel briefly outside Florida for 
business purposes on numerous occasions. See, e.g., Order of Circuit Court of the 
Fifteenth Judicial Circuit for Palm Beach County of December 18, 2009 (Exhibit F) 
(allowing Epstein to travel overnight on weekdays for business pending 48-hour notice 
and approval of his probation officer). 
Finally, Mr. Epstein has a remarkable personal history which further compels the 
conclusion that he is unlikely to ever violate the law again. Discovering a love of math and 
science as a young man, he worked his way up from being a college drop-out to become a highly 
successful financial advisor, as well as founder and patron of the C.O.U.Q Foundation Inc. and 
Enhanced Education, charitable organizations which, among other things, fund numerous 
philanthropic entities, educational grants and activities, as well as medical and advanced 
scientific research at top universities and academies around the world. For well over 50 years, 
Mr. Epstein has lived, and will continue to live, as a productive, philanthropic, and law-abiding 
member of society, not a recidivist criminal. Indeed, Mr. Epstein's guilty pleas to the instant 
offenses in 2008, when he was 55 years old, mark the first and only criminal convictions of Mr. 
Epstein's life. Mr. Epstein's willingness to acknowledge his guilt and agree to leave the 
comforts of his home to serve thirteen months behind bars, followed by a year of community 
supervision, is a testament to both his acceptance of responsibility for his crimes and his 
motivation to learn from his mistakes. While he admittedly lost his way, the harsh lessons of the 
past few years have, as observed by Dr. Alexander, helped Jeffrey Epstein refocus and recommit 
to directing his personal energies to productive experiences to the fullest extent possible. Mr. 
Epstein is not in any way a typical sex offender, and his personal strengths and attributes 
distinguish him as someone who is extremely unlikely ever to commit another sexual offense. 
For all of the reasons set forth in this brief memorandum, we respectfully ask you to 
follow the lead of the other jurisdictions that have already evaluated Mr. Epstein's offenses, 
(which lie only on the very perimeter of New York's registration statute) -- and all adjudged him 
to be the lowest level of registrant -- by consenting to designate Jeffrey Epstein with the 
appropriate SORA classification of Level 1. 
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