For years, survivors of Jeffrey Epstein have sought justice. For a while, it appeared like they would achieve it.
Ghislaine Maxwell, Epstein’s ex-girlfriend, was found guilty of human trafficking four years ago for her role in the deceased billionaire’s sexual abuse of teen girls – and sentenced to 20 years imprisonment.
Meanwhile, financial firms that had worked with Epstein, while not accepting fault, agreed to pay hundreds of millions in settlements to survivors. Donald Trump even made releasing the Epstein investigative files part of his campaign platform, and reiterated on his promise to do so early this year.
In the end, Trump’s justice department did not make public these files, and his administration has become embroiled in allegations about social ties between him and Epstein. Congressional promises to release files have stalled, due to political jockeying and justice department foot-dragging.
However recent legal actions could provide clarity on Epstein’s operations amid the deadlock – irrespective of their outcome.
The legal complaints, filed by an anonymous plaintiff against a major U.S. bank and the Bank of New York Mellon (BNY), claim that these financial powerhouses illicitly enabled Epstein’s sex trafficking. The cases are led by Sigrid S McCawley, of Boies Schiller Flexner, and lawyer Brad Edwards of his legal practice, who have consistently advocated for Epstein victims.
“The financier carried out these offenses by means of not only his own extraordinary wealth and power, but through financial backing and financial support from both private parties and institutions, including the bank,” one lawsuit claims. “Egregiously, the institution had a plethora of information regarding Epstein’s sex trafficking operation but chose profit over safeguarding those harmed.”
The Bank of America suit mirrors these claims, declaring the institution “knowingly provided the monetary resources and the appearance of respectability for Epstein and his accomplices to support their international sex trafficking organization under the pretext of legal commercial dealings”. The suit also said Bank of America neglected to file suspicious activity reports.
Experienced lawyers who spoke to the situation said proving such a case would be challenging. But they also identified possible outcomes which could offer comfort to plaintiffs or release of previously hidden details.
Neama Rahmani, a former federal prosecutor who founded West Coast Trial lawyers, said evidence has to show that an bank’s conduct resulted in harm.
“In my view, the case faces significant obstacles – and clearly I am on the side of the victims, and I want them to get answers and criminal justice and financial recovery,” Rahmani said. Some claims might be not directly related from a juridical perspective.
“It all comes down to evidence,” Rahmani said. A attorney would need to prove cause and effect, which would mean “but for the defendant’s conduct, the injury wouldn’t have occurred”. In this case, that would translate to “but for the bank’s conduct, the victim maybe wouldn’t have been trafficked”, the lawyer clarified.
An attorney would also have to go further than a basic causation test. “It’s not solely about indirect cause. It also has to be a significant element: that is the standard. So whatever misconduct there was, if there was any misconduct … the defendant’s misconduct has to have been a substantial factor in causing the victim’s suffering.
“By engaging in a business relationship with Epstein, is that a decisive element? It’s uncertain.”
Regardless of legal responsibility, suits like this could serve as a warning that associations with those accused of wrongdoing can have negative consequences for them.
“It’s a PR nightmare,” he said. If the banks try to get these suits thrown out and are unsuccessful, the attorney expects a quick resolution. “No party desires to pursue any of the legal matters tied to Epstein.”
Attorney Eric Faddis, a litigator and principal of the Colorado law firm Varner Faddis and former prosecutor, said corporations can be liable. In this situation, “if the institutions bear fault is going to depend, in part, on their level of awareness, if they were informed of claimed misconduct or illegal acts”, and somehow provided assistance to Epstein.
“But even then, I think it’s going to be hard to effectively connect the banks into some kind of sex-trafficking scheme. The banks would probably not be aware of the particulars of claims,” the lawyer said. While the financier’s prior legal case was known, “it’s not illegal for a financial institution to have a client who’s an unsavory person”.
“However, it is unlawful for a financial firm to somehow be involved in the criminal activity of a client, but those two issues are distinct, and so I think that it’s going to be a difficult case against the institutions.”
Nevertheless, key elements of the litigation could help Epstein survivors.
“The lawsuits have the potential to reveal more information about the ongoing Epstein saga,” Faddis said. “Despite the fact that there have been obstacles erected at every turn for individuals seeking this data, when there’s a lawsuit, there’s a evidence-gathering phase, and that discovery process often mandates disclosure of information that was not previously public.”
Edwards said in a comment that the suits could have a preventive impact and achieve what lawmakers have been unable to do.
“Legal actions are essential for full accountability for the victims of Jeffrey Epstein – as well as for potential targets who will suffer from similar trafficking organizations – if our banks are not made responsible for the crucial part each plays, either in providing the necessary infrastructure for the illegal operation or recognizing the financial component of these crimes and putting an end to it.
Edwards continued: “We have a far better chance of making a real difference than Congress, because we know the facts and background of the matter and are not motivated by politics but rather by a sincere intention to create substantial impact and to protect the victims, who have already suffered tremendously.
“Our handling of these issues without any partisan motives and thus will not be swayed by obstructions, protecting wealthy politically connected individuals, or the other embarrassing partisan gamesmanship you and the rest of the world have had to observe recently.”
McCawley said in a statement: “As Congress works toward unraveling how the financier was able to orchestrate his illegal trafficking operation for decades without detection, we are taking another important step forward toward justice for victims.”
When requested for a statement on the legal complaint, the Bank of New York Mellon said: “The allegations in the case are baseless, and we will vigorously defend against it.”
The bank’s response likewise stated: “We intend to firmly protect our interests in this case.”