In the more than two months since the Department of Justice released its latest batch of files on the investigation into Jeffrey Epstein, prosecutors have not brought any new charges based on the documents, despite federal lawmakers on both sides of the aisle continuing to demand accountability.
The more than 3 million pages of documents include accusations by alleged victims of Epstein and Ghislaine Maxwell's abuse and thousands of emails and photos showing Epstein associated with prominent figures. The files indicate that many of these people maintained contact with the disgraced financier long after he pleaded guilty in 2008 to sex crimes that involved minors. Appearing in the files is not necessarily an indication of criminal wrongdoing.
The release of the Epstein files came after Congress passed the Epstein Files Transparency Act, which forced the Justice Department to make public all documents it held related to Epstein.
Epstein died in prison about a month after a 2019 arrest on sex-trafficking charges. Maxwell was convicted on sex-trafficking charges in 2021 and is serving a 20-year sentence. Since the release of the files in 2025 and 2026, there have been no related arrests in the U.S. However, the disclosures have led to some resignations and other reputational repercussions for some high-ranking Americans.
The lack of arrests in the U.S. contrasts to the fallout in the U.K., where investigators have pursued charges related to corruption, not sexual abuse, in their dealings with Epstein. Two former government officials — former Prince Andrew and ex-ambassador Peter Mandelson — were arrested on suspicion of misconduct in public office. Andrew Mountbatten-Windsor, as he is now known, has denied wrongdoing and has not been formally charged. Mandelson has also not been charged, and lawyers for Mandelson have said that the arrest was prompted by a "baseless suggestion."
In the U.S., top Justice Department officials have said that they found no evidence compelling enough to pursue further charges related to Epstein, and that the public can make their own assessments based on the disclosed documents.
In a statement to NPR, Justice Department spokesperson Katie Kenlein said that "there have not been additional prosecutions beyond Epstein and Maxwell because there has not been credible evidence that their activities extended to Epstein's network. However, if prosecutable evidence comes forward, the Department of Justice will of course act on it as we do every day in sexual trafficking and assault cases across the count[r]y."
On Thursday, President Trump announced that Attorney General Pam Bondi is out of the top job at the Justice Department, following bipartisan criticism over her handling of the Epstein files.
NPR asked four former prosecutors and one former law enforcement officer why there may not have been enough evidence to levy additional charges. Here's what they said.
Prosecutors must prove guilt "beyond a reasonable doubt"
Prosecutors must prove to a jury that a person committed a crime "beyond a reasonable doubt," according to Barbara McQuade, a professor at the University of Michigan Law School.
"One of the biggest misconceptions people have is how difficult it is to charge and convict somebody for a criminal case," said McQuade, who served as the U.S. attorney for the Eastern District of Michigan.
A prosecutor's ethical responsibility is to charge cases only if they believe there is enough evidence for a conviction, McQuade said. Documents, including emails, jokes, and even plane itineraries, can be a place to start, but, alone, they are not enough to prove guilt, McQuade said.
"What you would need [is] rock solid evidence," McQuade said. "You can't charge someone for a crime without sufficient evidence, and I have yet to see evidence of a crime involving an Epstein associate that has gone uncharged."
Based on his understanding of the case, Paul Butler, a professor at Georgetown Law, said he agreed that prosecutors who investigated Epstein's alleged associates "may have believed that they couldn't persuade a jury beyond a reasonable doubt." He said problems with witness credibility or certain forensic evidence can prevent a case from moving forward.
The U.K. cases are focused on corruption
In the U.K., the two people arrested are being investigated on suspicion of "misconduct in public office." McQuade said the U.S. does not have a single equivalent federal law. Instead, the U.S. prosecutes public corruption through statutes that focus specifically on crimes such as bribery and extortion.
After the release of the latest files, British police began investigating Andrew's correspondence with Epstein when Andrew was a U.K. trade envoy. At that time, Andrew allegedly shared government itineraries, investment plans and notes from official foreign trips with Epstein. The information may have been covered by the United Kingdom's Official Secrets Act.
Similarly, Mandelson has been accused of passing confidential government information to the late sex offender when Mandelson was a U.K. Cabinet minister.
Meeting the burden of proof is especially challenging for sex crime cases
Victim statements are essential for establishing basic elements, such as the timeframe of events, required to build sexual assault cases, said Diane Goldstein, a retired police lieutenant from California and the executive director of the Law Enforcement Action Partnership. But a victim may be reluctant to come forward because of a fear of retaliation, not believing the police can help, believing it is a personal matter, or not wanting to get the perpetrator in trouble.
McQuade noted that in some sex trafficking cases, especially those in which a perpetrator is in a position of power, victims may experience intimidation or threats that prevent them from speaking out.
Victims also may be hesitant to move forward with allegations because they fear having to testify at trials where defense attorneys may attempt to poke holes in their allegations, McQuade said.
Goldstein said that for sex crime cases to advance, investigators need to follow certain policies and procedures. "If you don't have a legitimate police investigation to start, you're not going to get any type of criminal filing," Goldstein said.
Other potential charges are also a difficult path
Prosecutors may have considered pursuing charges of criminal conspiracy related to sex trafficking against people associated with Epstein, said Jessica Roth, a professor at Cardozo School of Law. FBI documents in the files relating to its investigation into Epstein's crimes identify certain people as "co-conspirators."
But Ankush Khardori, a senior writer and columnist at Politico magazine who worked as a federal prosecutor on financial fraud cases, told NPR those identifiers are not "formal accusation[s]" and are simply part of "interim documents."
"The FBI does not determine who is a co-conspirator," Khardori said. "That is a legal judgment that prosecutors make."
But for those conspiracy cases, "criminal intent," in particular, is difficult to establish, said Roth, who worked as a federal prosecutor in the U.S. attorney's office for the Southern District of New York for seven years. Criminal conspiracy charges "would require knowledge and intent on the part of each individual who was charged," Roth said. If a person who communicated with Epstein had some suspicion that he was engaged in illegal activity, that alone would not be sufficient evidence to press charges, she said.
Investigators may have considered charges related to criminal tax violations, McQuade said. But the statute of limitations has likely ended on those cases, she said, meaning that prosecutors can no longer bring charges.
The current evidence lacks context
Legal experts say the haphazard way the documents were released and redacted makes it difficult for the public to understand why no additional charges have been filed.
Roth, the Cardozo law professor, said the information is in "isolation," without the appropriate context. "We'll see an individual photograph that looks perhaps incriminating. We'll see an email that looks incriminating, but we don't necessarily have everything that was said before and after that email and that exchange," Roth said.
One document that could explain why no charges were pursued, according to Butler, is a heavily redacted DOJ memo naming "potential co-conspirators" of Epstein. "The parts that should indicate why the department declined prosecution on any alleged co-conspirators other than Ghislaine Maxwell [are] redacted," said Butler, the Georgetown law professor and a former federal prosecutor.
Butler said those redactions are "unusual" because they do not appear to follow the permissible reasons for redactions in the Epstein documents. Those reasons include confidentiality for Epstein's alleged victims, or anything that would compromise an ongoing investigation, Butler said.
"When the Justice Department grudgingly releases information when pressed by politics or forced by Congress, it also creates the impression that they have something to hide," Butler said. "That there is some cover-up going on."
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