the epstein case

The Legal Aftermath of Jeffrey Epstein’s Death: What Happens Next

Epstein’s Manhattan townhouse, which could be confiscated to help pay damages to alleged victims. Photo: Google

In death, as in life, Jeffrey Epstein remains surrounded in lawsuits, as prosecutors determine how to pursue possible criminal charges against his co-conspirators and lawyers representing his alleged victims file civil suits against his estate. “Victims deserve justice and will get it,” Attorney General William Barr said on Monday, following up on a statement from the U.S. Attorney for the Southern District of New York saying the investigation into the sex-trafficking-conspiracy charge will continue. Meanwhile, celebrity lawyers like David Boies, Lisa Bloom, and Gloria Allred are representing multiple accusers suing “to be made whole for the lifelong damage he caused,” as Bloom put it on Saturday.

Many questions remain. What about a will? Will Epstein’s assets be frozen? How might victims gain restitution after his death? Below is everything we know about the remaining legal issues surrounding the Epstein estate.

Is There a Timeline for Epstein’s Will? Who Might Be Named in It?

Though Epstein was not married and did not have any known children, he is survived by his younger brother, Mark, who is reportedly around 64 years old, and a niece and nephew, who live in New York. Along with a friend, Mark Epstein, a former chairman of the board at Cooper Union, offered to guarantee a bond to ensure his brother’s bail request, though it was denied.

Although no details have emerged regarding Epstein’s will, if one does emerge, it may not be a traditional document, considering Epstein’s reported conversations involving his body after death. In July, the New York Times described an interaction in which Epstein expressed interest in cryonics and that he wanted to freeze his head and penis.

In further unorthodox, postmortem news, a Florida-based firm called Morse Genealogical Services put up the site, looking for “unknown children of the late Jeffrey Epstein” who could file a claim against his estate. The website reads: “If you believe you may have given birth to a child fathered by the late JEFFERY EPSTEIN who recently committed suicide, or that he may have been your biological father, please contact us immediately, without delay!!”

Are NDAs Invalidated After His Death?

Epstein frequently made his employees and contractors — from the construction workers who built his island mansion to his caretaker in Palm Beach — sign nondisclosure agreements forbidding them to discuss any activity they saw on his property. But in an interview, Miami Herald reporter Julie K. Brown stated that these employees are no longer held to secrecy upon his death. In June, she also noted that NDAs signed by victims who had previously settled with Epstein prohibited them from discussing the financial details of their award, not the details of the alleged abuse. Attorney David Boies told the Washington Post in June that he was representing two alleged victims who had signed NDAs.

What About Cases Against Epstein’s Co-Conspirators?

Attorney General William Barr said Monday that alleged co-conspirators involved with the financier “should not rest easy” following his death. “Let me assure you that case will continue on against anyone who was complicit with Epstein,” he told a law-enforcement group in New Orleans.

On Monday morning, FBI and Customs and Border Protection agents docked at Epstein’s Little St. James island, reportedly looking for evidence left by Epstein’s inner circle on the private island. According to the Miami Herald, the co-conspirators that the Southern District of New York will most likely focus on are “[Ghislaine] Maxwell, Sarah Kellen Vickers, Adriana Ross and Lesley Groff — all of whom allegedly helped run Epstein’s operation in the mid- to late-2000s.” The sex-trafficking-conspiracy charge leveled against Epstein is most likely the one that will be used to pursue his co-conspirators, according to a statement released by the SDNY the day of Epstein’s suicide.

In Florida, where Epstein signed a wrist-slap plea deal in 2007, there may soon be an avenue for accusers to go after his enablers: In February, a judge ruled that the plea agreement had violated victims’ rights. If the judge determines that it must be tossed out, it could allow victims to pursue action against Epstein’s associates in Palm Beach as well.

How Prosecutors Might Pursue Epstein’s Assets

According to a former prosecutor who spoke with the Miami Herald, the SDNY is able to go after individual assets through a civil-forfeiture proceeding if they determine that a property, like Epstein’s New York mansion, “was used to facilitate a crime or was the proceeds of criminal activity.” Under forfeiture laws, these assets would then be sold, with the proceeds routed to a fund within the Department of Justice that would prioritize payouts to victims. The July indictment targeted Epstein’s
$77 million Upper East Side townhouse as a holding to be confiscated, as Epstein allegedly abused several underage girls there between 2002 and 2005.

Though a criminal forfeiture at trial is no longer possible, there is precedent for authorities to confiscate his properties without a conviction. Per the Miami Herald:

In 2007, the Department of Justice brought a civil forfeiture action against the estate of the founder of Enron Corporation, CEO Kenneth Lay, who died of a heart attack while facing charges of engineering a massive fraud.

[Former federal prosecutor Jeff] Marcus said he thinks it’s likely that federal prosecutors will do the same in this case due to the number of victims and the vast extent of the estate.

If a civil forfeiture is filed, a federal judge in civil court would rule on the crimes laid out in the prosecution’s case using the standard of a “preponderance of evidence,” a lower threshold than that used to determine guilt in criminal cases.

What Civil Lawsuits Are Expected?

In a statement published by Fox News on Saturday, Marc Fernich, a member of Epstein’s legal team, cited “greedy plaintiffs” as a reason for his client’s suicide — though Fernich’s perspective won’t stop lawyers representing accusers from dismantling the Epstein estate. Attorney Lisa Bloom, who paused lawsuits on behalf of two victims during the criminal investigation, said on Sunday that “we intend to promptly file those civil claims” and requested that the estate freeze all assets.

Bloom’s mother, Gloria Allred, said this weekend that the victims she represents are “feeling sick” but that she intends to find Epstein’s collaborators and file criminal charges against them: “The likes of them have to be accountable in a criminal case, because I think that without them he could not have accomplished what he did.”

A New York Law That Goes Into Effect Wednesday Allows More Victims to Sue for Damages

The passage of the Child Victims Act in January 2019 — designed to help victims sue abusers within the Catholic Church — created a one-year window for victims to sue for sex-abuse damages, regardless of when the alleged abuse may have occurred, and extended the statute of limitations for criminal charges against child-sex abusers. The law, which goes into effect on Wednesday, will allow for a greater number of Epstein’s alleged victims to sue for monetary damages. “I think the Epstein case is emblematic of the possibilities that survivors of child-sex abuse will have beginning August 14,” New York state senator Brady Hoylman told NBC News. “Abusers currently out of reach because of New York’s archaic statutes of limitations will now be subject to civil suits, as well as their estates.”

As soon as it goes into effect, the Child Victims Act will be put into use by Epstein victim Jennifer Araoz, a woman who alleges that Epstein raped her when she was 15. Attorney Roberta Kaplan also intends to sue on Wednesday on behalf of an unidentified woman who was 14 when Epstein recruited her into his sex-trafficking ring around 2002.

Jeffrey Epstein Legal Cases: What Happens Next