Lawyers for Jeffrey Epstein are asking a South Florida federal judge to keep a non prosecution agreement intact, despite Epstein's death.
The agreement was negotiated between the US Attorney in Miami and Epstein's attorneys in secret more than a decade ago, keeping Epstein from being federally prosecuted in Florida.
If the judge chooses to keep the agreement in place, Epstein's alleged accomplices would be protected from federal charges in South Florida.
In February, Judge Kenneth Marra decided the 2007 agreement violated the Crime Victim Rights Act. His next step is to decide what the victims should receive in return for that violation of their rights.
On Monday, attorneys for Epstein's victims argued that because Epstein died, the secretly-struck deal must be thrown out. The attorneys asked Judge Marra to immediately throw out the part of the deal that prevented Epstein's co-conspirators from being charged with federal sex crimes in South Florida.
Throwing out the deal would allow federal prosecutors a chance to go after alleged accomplices, and give victims a chance to sue them as well.
"It would be unfair to the victims if Epstein not only managed to cheat justice through his death, but also left behind some kind of legal issue preventing the victims from obtaining the remedy to which they are plainly entitled," said attorneys Bradley Edwards and Paul Cassell in that filing.
On Wednesday, Epstein's attorneys fired back with their own filing, telling the judge that "as a result of Mr. Epstein’s death, all criminal justice process against him has ended," and the point is "moot."
As for allowing for co-conspirators to be charged, Epstein's attorney Roy Black said "at a minimum there should be notice to them so that they have a full and fair opportunity to litigate the claims affecting them, and are afforded the “deep-rooted historic tradition that everyone should have his own day in court.”
The co-conspirators have never come forward in any court filings regarding their immunity before, so victims' attorneys say they don't have a right to claim it can't be throw out.
If Judge Marra decides to throw out the non prosecution agreement, the ruling would be unprecedented. There is no word on when that decision could come.