After Epstein’s death, some criminal and civil cases could still continue

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The federal prosecution of Jeffrey Epstein ended with his death in custody. But several other cases, claims and investigations will continue.

First of all, if others are being investigated for participating or conspiring in Epstein’s alleged crimes, they may be prosecuted with any evidence the government discovered in its case against Epstein. Any new defendants cannot claim violations of their Fourth Amendment protections against unlawful searches or seizures unless they have their own legitimate expectations of privacy in Epstein’s property — which they probably do not.

On the other hand, the government could have improved its case against his perceived co-conspirators if Epstein himself had cooperated with the government. Now, that’s not an option.

Secondly, the civil cases against Epstein survive his death; they will just be brought against his estate instead of against him. The plaintiffs in the civil cases also would have preferred Epstein alive and prosecuted, since that could have then led to the government’s criminal case producing devastating information to be used in the civil case.

Because of the heightened burden of proof in a criminal case (beyond a reasonable doubt) compared to that in a civil case (preponderance of evidence), a conviction often goes a long way in helping a civil plaintiff hold a defendant liable for the same conduct. Now, that criminal trial will never happen.

Paradoxically, the strongest case may be the third kind: the case by Epstein’s family or survivors against the federal correctional center for failing to prevent his suicide. – READ MORE

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