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Federal draft indictment prepared; NPA negotiations begin (month-level)

Date: 2007-09 • ID: 2007-09-00-draft-indictment-npa-negotiations

Federal prosecutors in the Southern District of Florida prepared a draft indictment in September 2007 containing approximately 60 counts against Jeffrey Epstein and unnamed co-defendants, including charges of conspiracy to engage in sex trafficking of minors. A prosecutorial memorandum describing the recommended charges and the supporting evidence was also prepared at this time and was later released by the Department of Justice under the Epstein Files Transparency Act.

Instead of proceeding with the draft indictment, federal prosecutors entered into negotiations with Epstein's legal team — which included Alan Dershowitz and other prominent attorneys. Those negotiations ultimately produced the 2008 non-prosecution agreement. The decision to negotiate rather than indict, and the specific terms of the resulting NPA, became the subjects of significant public and congressional scrutiny following the 2019 reopening of federal proceedings against Epstein.

The draft indictment was never filed. Its existence and the gap between its recommended charges and the ultimate NPA terms were documented in the prosecutorial memorandum, which was released as part of the DOJ’s compliance with the Epstein Files Transparency Act beginning in late 2025.

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Note: Some descriptions of internal drafts are based on later-released summaries; where a filing was not publicly filed, this page treats details as context rather than adjudicated fact.

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