By Ty Russell

MIAMI (CBSMiami) – Hours after Jeffrey Epstein‘s attorneys filed a motion in Miami federal court to protect Epstein by keeping a 2008 non-prosecution agreement (NPA) in place, two of his alleged victims urged the court to strike down the NPA and file new charges against him in Florida.

READ: Victims say they deserve justice in Florida

Earlier in the day, attorneys for wealthy the South Florida financier went on the offense by filing a motion in Miami federal court defending the non-prosecution agreement (NPA) that let Epstein avoid federal charges back in 2008.

Attorneys for the accusers also wrote: “Jane Doe 1 and 2 are entitled to have the Court rescind the NPA’s provisions blocking federal prosecution in Florida of his named and unnamed coconspirators.”

This just one day after Epstein pleaded not guilty to federal sex trafficking and conspiracy charges in New York.

WATCH: Former Assistant US Attorney David Weinstein joins CBS4 to discuss the latest on the Jeffrey Epstein case:


“Certainly now, it does look like a sweetheart deal” Weinstein said. “At the time, it appeared to be a resolution to have him labeled as a sex offender, registered as a sex offender, and it was believed he was going to have to serve some time.”

Epstein is accused of sexually abusing dozens of underage girls in the early 2000’s and was taken into custody Saturday at Teterboro Airport aboard his private plane.

Under the 2008 deal struck with then-U.S. attorney in the Southern District of Florida and current Secretary of Labor Alex Acosta, Epstein pleaded guilty to state charges, not federal charges, of soliciting a minor for prostitution and served 13 months in jail.

During that time, he was also allowed to leave jail six days a week for 12 hours a day to work out of his office.

RELATED: More Dems Calling For Labor Sec. Acosta To Step Down Over Secret Jeffrey Epstein Plea Deal

Acosta is now under fire in D.C. but he tweeted Tuesday, “The crimes committed by Epstein are horrific, and I am pleased that NY prosecutors are moving forward with a case based on new evidence.”

President Trump distanced himself from Acosta Tuesday after praising him in 2002.

A CBS News correspondent asked: “Did you still think Jeffrey Epstein is a terrific guy?”

“I knew him like everybody in Palm beach knew him. People in Palm Beach knew him. He was a fixture in Palm Beach. I had a falling out with him a long time ago,” the president said.

That Florida investigation involved at least 40 teenage girls, and the agreement let him avoid a possible life sentence if he had been convicted.

Two of Epstein’s victims sued the U.S. government saying the government violated their rights by not informing them of the NPA in advance, as required under the Crime Victim Rights Act.

A judge agreed and is now deciding the remedy, which could include setting aside the NPA.


Tuesday morning, Epstein’s attorney intervened in the case essentially arguing the NPA was fair, but even if the government made a mistake, the agreement should stand because he has lived by the terms of the NPA and should not be harmed/prosecuted because the government acted improperly.

Epstein’s attorney believe that if the NPA stands, then it will prevent any charges, including the new case filed Monday in New York, from being allowed to move forward.

Federal prosecutors in Manhattan say they are not bound by the NPA and that these are new charges.

Tuesday’s action shows the Epstein case will hang on some complex and unique legal issues.

Epstein could face up to 45 years in prison, if he is convicted.

Meantime, there are some disturbing revelations from the 10-page bail memorandum written by U.S. Attorney Geoffrey Berman.

In it, Epstein is considered an “extreme flight risk” due to his enormous wealth, private planes and international connections. Some of that wealth includes owning six residences, including a private island in the U.S. Virgin Islands, which is listed as his primary residence. He has 15 vehicles and access to two private planes.


“His mansion in Manhattan alone—a multi-story townhouse reported to be one of the largest single residences in all of Manhattan, which previously housed a school and which he owns through an LLC—has been valued at approximately $77 million,” states the memo.

“The defendant possesses three active United States passports, and his international connections and travels are extensive.”

The memo describes Epstein as a “very frequent international traveler and regularly travels to and from the United States by private plane. In particular, between January 1, 2018, and the present, U.S. Customs and Border Patrol has logged approximately more than 20 flights in which Epstein was traveling to or from a foreign country.”

In addition, “the defendant has no meaningful ties that would keep him in this country. The defendant has no known immediate family. He is not married and has no children.”

Inside his residences, authorities found a large amount of corroborating evidence, including contact information for victims, notes, and phone records.

Among that evidence, the bail memo states authorities found “an extraordinary volume of photographs of nude and partially-nude young women or girls,” and some of them appear to be of underage girls.

Some of the photos were locked safe that contained CDs labeled “Misc nudes 1,” and “Girl pics nude,” or even individual names, prosecutors said.

“The defendant, a registered sex offender, is not reformed, he is not chastened, he is not repentant; rather, he is a continuing danger to the community and an individual who faces devastating evidence supporting deeply serious charges,” according to prosecutors.

Authorities also found a massage table with sex toys and lubricant.

“Even the room where abuses occurred is set up the way it was,” Assistant U.S. Attorney Alex Rossmiller said.

Berman also said Epstein engaged in “witness tampering, harassment [and] other obstructive behaviors.” The billionaire allegedly went to extreme degrees to obstruct the investigation, including by having his private investigator run someone off the road.

Defense lawyers argued that Epstein is not a flight risk, but the detention hearing was adjourned until Monday.

Ty Russell