For years, victims of the late financier Jeffrey Epstein have demanded accountability. At one point, it seemed like they would get it.
Ghislaine Maxwell, the financier’s one-time partner, was found guilty of human trafficking four years ago for her role in the late financier’s sexual abuse of teen girls – and sentenced to two decades behind bars.
At the same time, banks that had worked with Epstein, while not accepting fault, agreed to pay substantial sums in settlements to survivors. Former President Trump even made releasing the Epstein investigative files part of his campaign platform, and reiterated on his promise to do so early this year.
Ultimately, Trump’s justice department did not release these records, and his government has become embroiled in reports about personal connections between him and Epstein. Assurances from lawmakers to release files have stalled, due to partisan maneuvering and justice department foot-dragging.
However two new lawsuits could provide clarity on Epstein’s operations amid the stalemate – irrespective of their result.
These lawsuits, submitted by an anonymous plaintiff against Bank of America and the Bank of New York Mellon (BNY), claim that these financial powerhouses illicitly enabled Epstein’s sex trafficking. The cases are led by attorney Sigrid McCawley, of a prominent law firm, and Brad Edwards of his legal practice, who have long represented survivors of Epstein’s abuse.
“The financier carried out these offenses by means of not only his own vast fortune and power, but through financial backing and financial support from both individuals and institutions, including BNY,” the legal filing claims. “Egregiously, BNY had a abundance of knowledge regarding Epstein’s sex trafficking operation but opted for financial gain over protecting the victims.”
The complaint against Bank of America mirrors these claims, declaring the institution “knowingly provided the monetary resources and the appearance of respectability for Epstein and his co-conspirators to fuel their international sex trafficking organization under the guise of non-criminal business activities”. The suit also said Bank of America neglected to file mandatory financial alerts.
Experienced lawyers who commented on the situation said establishing liability would be challenging. But they also identified potential results which could provide solace to accusers or release of previously hidden details.
Attorney Neama Rahmani, a ex-government lawyer who founded West Coast Trial lawyers, said proof has to show that an bank’s conduct resulted in 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 legal redress and compensation,” Rahmani said. Certain allegations might be not directly related from a juridical perspective.
“It all comes down to evidence,” he said. A attorney would need to prove causation, which would mean “if not for the bank’s actions, the harm wouldn’t have occurred”. In this instance, that would translate to “absent the institution’s involvement, the victim maybe wouldn’t have been trafficked”, Rahmani explained.
A lawyer would also have to go further than a basic causation test. “It’s not solely about indirect cause. It also has to be a substantial factor: that is the standard. So whatever misconduct there was, if there was any wrongdoing … the bank’s actions has to have been a key contributor in causing the victim’s suffering.
“By engaging in a business relationship with Epstein, is that a substantial factor? It’s uncertain.”
Regardless of legal responsibility, suits like this could put institutions on notice that relationships with those involved in alleged crimes can have negative consequences for them.
“It represents a reputational disaster,” he said. If the banks try to get these suits thrown out and are unsuccessful, Rahmani anticipates a quick resolution. “No party desires to pursue any of the Epstein-related cases.”
Attorney Eric Faddis, a litigator and principal of the Colorado law firm his firm and former prosecutor, said companies can be responsible. In this situation, “if the institutions bear fault is going to depend, in part, on their level of awareness, if they were informed of alleged abuse or criminal wrongdoing”, and somehow offered support to Epstein.
“But even then, I think it’s going to be hard to effectively connect the banks into some kind of trafficking operation. The banks would probably not be privy to the particulars of allegations,” the lawyer said. While Epstein’s Florida conviction was known, “it’s not illegal for a bank to have a client who’s an unsavory person”.
“It is illegal for a financial firm to somehow be involved in the illegal actions of a client, but those two issues are distinct, and so I think that it’s going to be a tough lawsuit against the institutions.”
Nevertheless, key elements of the litigation could assist those affected by Epstein.
“These cases may uncover additional details about the continuing Epstein story,” Faddis said. “Despite the fact that there have been sort of walls put up at every turn for folks pursuing this data, when there’s a legal action, there’s a evidence-gathering phase, and that discovery process often mandates disclosure of materials that was not formerly available.”
Edwards said in a comment that the suits could have a preventive impact and achieve what legislators have been unable to do.
“The lawsuits are necessary for complete justice for the victims of Jeffrey Epstein – as well as for potential targets who will suffer from similar trafficking organizations – if our banks are not held accountable for the essential role each performs, either in providing the necessary infrastructure for the illegal operation or identifying the financial component of these offenses and putting an end to it.
Edwards continued: “Our prospects are significantly higher of making a real difference than lawmakers, because we understand the facts and history of the case and are not driven by politics but rather by a genuine desire 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 obstructions, protecting wealthy politically connected individuals, 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: “While legislators attempt to uncover how Jeffrey Epstein was able to conduct his illegal trafficking operation for many years without detection, we are taking another important step forward toward justice 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 likewise stated: “We intend to firmly protect our interests in this case.”
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