Over many years, victims of Jeffrey Epstein have demanded accountability. At one point, it appeared like they would achieve it.
Ghislaine Maxwell, Epstein’s ex-girlfriend, was found guilty of human trafficking four years ago for her involvement in the deceased billionaire’s sexual abuse of underage females – and sentenced to 20 years imprisonment.
Meanwhile, banks that had worked with Epstein, while not admitting wrongdoing, paid substantial sums in settlements to survivors. Donald Trump even made releasing the Epstein investigative files part of his campaign platform, and reiterated on his commitment 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 personal connections between him and Epstein. Assurances from lawmakers to disclose documents have stalled, due to political jockeying and delays from federal authorities.
But recent legal actions could provide clarity on Epstein’s activities amid the stalemate – irrespective of their result.
These lawsuits, filed by an unnamed accuser against Bank of America and the Bank of New York Mellon (BNY), claim that these financial powerhouses illicitly enabled Epstein’s sex trafficking. The suits are led by attorney Sigrid McCawley, of a prominent law firm, and Brad Edwards of Edwards Henderson, who have long represented Epstein victims.
“Epstein committed these crimes by means of not only his own vast fortune and power, but through access to funding and financial support from both individuals and organizations, including BNY,” the legal filing states. “Shockingly, the institution had a abundance of knowledge regarding Epstein’s sex trafficking operation but chose profit over protecting the victims.”
The complaint against Bank of America mirrors these claims, asserting the institution “deliberately supplied the financial support and the appearance of respectability for Epstein and his co-conspirators to support their international sex trafficking organization under the guise of legal commercial dealings”. The suit also said the bank failed to file mandatory financial alerts.
Experienced lawyers who commented on the matter said proving such a case would be challenging. But they also identified potential results 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 institution’s actions led to harm.
“I don’t think the lawsuit has much of a chance of success – and clearly I am on the side of the victims, and I want them to get explanations and criminal justice and financial recovery,” Rahmani said. Certain allegations might be too tangential from a juridical perspective.
“The case hinges on proof,” he said. A lawyer would need to prove cause and effect, which would mean “if not for the bank’s actions, the injury wouldn’t have happened”. In this case, that would boil down 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 beyond a basic causation test. “It’s not solely about indirect cause. It also has to be a significant element: that is the legal test. So any improper behavior there was, if there was any wrongdoing … the bank’s actions 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? I don’t know.”
Liability aside, suits like this could put institutions on notice that relationships with those accused of wrongdoing can have damaging implications for them.
“It’s a PR nightmare,” he said. If the banks try to get these cases thrown out and fail, 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 companies can be liable. In this situation, “if the institutions bear fault is going to hinge, in part, on their level of awareness, if they were informed of alleged abuse or criminal wrongdoing”, and somehow offered support to Epstein.
“However, even in that case, I think it’s going to be difficult to effectively connect the financial entities into some kind of trafficking operation. The banks would likely not be privy to the details of allegations,” the lawyer said. While Epstein’s Florida conviction was public, “there’s no law against for a bank to have a client who’s an unsavory person”.
“However, it is unlawful for a bank to somehow be involved in the illegal actions of a customer, but these aspects are distinct, and so I think that it’s going to be a tough lawsuit against the institutions.”
Nevertheless, key elements of the legal proceedings could assist those affected by Epstein.
“These cases may uncover additional details about the continuing Epstein story,” the attorney said. “Even though there have been sort of walls put up at every turn for individuals seeking this data, when there’s a legal action, there’s a evidence-gathering phase, and that legal procedure often requires release of materials that was not formerly available.”
Edwards said in a comment that the suits could have a preventive impact and accomplish what lawmakers have failed to do.
“Legal actions are essential for full accountability for the survivors of Jeffrey Epstein – as well as for potential targets who will suffer from comparable criminal networks – if our banks are not made responsible for the crucial part each performs, either in providing the necessary infrastructure for the illegal operation or recognizing the financial component of these crimes and stopping it.
He added: “Our prospects are significantly higher of effecting meaningful change than Congress, because we understand the details and background of the matter and are not motivated by partisan interests but rather by a sincere intention to make a real difference 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 shutdowns, shielding influential figures, or the other shameful political maneuvering you and the rest of the world have had to watch unfold recently.”
Attorney Sigrid McCawley said in a declaration: “As Congress works toward unraveling how the financier was able to conduct his illegal trafficking operation for decades without detection, we are taking another important step forward toward legal resolution for victims.”
When requested for a statement on the lawsuit, BNY said: “The allegations in the case are baseless, and we will vigorously defend against it.”
Bank of America’s statement similarly remarked: “We will vigorously defend ourselves in this case.”
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