Hinshaw's David S. Weinstein Discusses Arrest and Indictment of Billionaire Sex Offender Jeffrey Epstein

David S. Weinstein, a white collar attorney in Hinshaw's Miami office and a former federal prosecutor, was quoted by several news media outlets regarding the recent arrest and indictment of Jeffrey Epstein by the Southern District of New York. On Monday, Epstein was charged by the SDNY with several conspiracy and sex trafficking counts.

Fox News: New York federal prosecutors accuse Jeffrey Epstein of sexually exploiting, abusing dozens of underage girls, broadcast July 8, 2019

In an interview broadcast on Fox News, Weinstein noted that owing to Epstein's considerable wealth, global properties and fleet of private aircraft, the government is certain to argue that he is a flight risk and ought to be detained pending the trial and resolution of this case.

Law360: 4 Things To Know About The Jeffrey Epstein Charges, July 9, 2019 (subscription may be required)

In a Law360 article, Weinstein also pointed to the recent U.S. Supreme Court decision in Gamble v. U.S., which upheld a long-standing exception to the double jeopardy clause of the U.S. Constitution allowing states and the federal government to prosecute an individual for the same criminal acts. Under Gamble, Epstein, who had previously pled guilty to state charges in Florida, can still face liability at the federal level.

Weinstein noted that the case will hinge on the testimony given by alleged sex trafficking victims:

"It's going to be dependent upon these witnesses recalling instances. With corroborating evidence they can corroborate some of these things, but ultimately, it is going to come down to the recollection of the victims. And as we all know, as time passes, your recollection is not as good."

CBS4 News Miami: Former Assistant US Attorney David Weinstein On Jeffrey Epstein, broadcast July 9, 2019.

Weinstein also appeared on the CBS4 Miami news broadcast, where he discussed the circumstances surrounding the original plea deal that Epstein had negotiated in 2008 with the Southern District of Florida, the significance of the Crime Victims' Rights Act, and the application of Gamble v. U.S. to Epstein's circumstances.