Allison Moe, Alex Rossmiller, and Maurene Comey, assistant U.S. attorneys in the Southern District of New York, filed papers in the district on Aug. 19 (pdf) asking U.S. Attorney Geoffrey Berman to drop the case against Epstein.
The prosecutors noted that the sex trafficking indictment against Epstein was returned on July 2, charging him with one count of conspiracy to commit sex trafficking of minors and one count of sex trafficking of minors.
But Epstein was found unresponsive on Aug. 10 and soon declared dead.
“Because Jeffrey Epstein, the defendant, died while this case was pending, and therefore before a final judgment was issued, the Indictment must be dismissed under the rule of abatement,” the prosecutors wrote, citing the 1998 court decision in United States v. Wright.
Berman said that he agreed with the recommendation, sending the documents to U.S. District Judge Richard Berman.
“Upon the foregoing recommendation, I hereby direct, with leave of the Court, that an order of nolle prosequi be filed as to defendant Jeffrey Epstein,” Berman wrote.
The assistant attorneys attached a letter to Berman (pdf), saying that their office has tried to notify all identified victims of Epstein’s death and will try to notify them of the case being dropped if it was approved.
“As this Office has previously stated publicly, it remains committed to doing its utmost to stand up for the victims who have already come forward, as well as for the many others who have yet to do so,” the prosecutors wrote.