U.S. attorney for Southern District of Florida (2005–2009)
In 2005, Acosta was appointed U.S. Attorney for the Southern District of Florida, where his office successfully prosecuted the lobbyist
Jack Abramoff, the terrorism suspect
José Padilla, the founders of the
Cali Cartel, and
Charles McArther Emmanuel, the son of Liberia's former leader. The district also targeted
white collar crime, prosecuting several bank-related cases, including one against Swiss bank
UBS. The case resulted in UBS paying $780 million in fines, and for the first time in history, the bank provided the United States with the names of individuals who were using secret Swiss bank accounts to avoid U.S. federal income taxes. Other notable cases during his tenure include the corruption prosecution of Palm Beach County Commission chairman Tony Masilotti, Palm Beach County commissioner Warren Newell, Palm Beach County commissioner
Mary McCarty, and Broward
sheriff Ken Jenne; the conviction of
Cali Cartel founders
Miguel and
Gilberto Rodríguez Orejuela, for the importation of 200,000 kilos of cocaine, which resulted in a $2.1 billion forfeiture; and the
white-collar crime prosecutions of executives connected to Hamilton Bank. Acosta also emphasized health care
fraud prosecutions. Under Acosta's leadership the district prosecuted more than 700 individuals, responsible for a total of more than $2 billion in Medicare fraud.
Jeffrey Epstein case In August 2007, Acosta's office entered into negotiations with Jeffrey Epstein about a plea agreement. On September 24, 2007, Epstein signed a non-prosecution agreement, a day before the prosecutor in the case was prepared to indict him. Over the subsequent months, Epstein sought to negotiate the terms of the agreement and pressured Acosta to remove
Marie Villafaña, the prosecutor on the case.
Source of controversy In March 2005, the
Palm Beach Police Department began a 13-month undercover investigation of Epstein, including a search of his home, based on reports that he was involved with sex trafficking of minors.
Federal Bureau of Investigation (FBI) investigation resulted in a 53-page
indictment in June 2007. to grant immunity from all federal criminal charges to Epstein, along with four named co-conspirators and any unnamed "potential co-conspirators". That agreement "essentially shut down an ongoing FBI probe into whether there were more victims and other powerful people who took part in Epstein's sex crimes". At the time, this halted the investigation and sealed the indictment.
Renewed interest In 2017, Acosta was nominated for U.S. Secretary of Labor by
Donald Trump. His handling of the Epstein case was discussed as part of his confirmation hearing. On November 28, 2018, as rumors circulated that Acosta was being considered as a possible successor to Attorney General
Jeff Sessions, the
Miami Herald published an investigation detailing Acosta's role in the Epstein case. The
Miami Herald reported that certain aspects of Acosta's non-prosecution agreement violated federal law, stating: "As part of the arrangement, Acosta agreed, despite a federal law to the contrary, that the deal would be kept from the victims. As a result, the non-prosecution agreement was sealed until after it was approved by the judge, thereby averting any chance that the girls—or anyone else—might show up in court and try to derail it." The decision to keep the deal with Epstein secret until after it was finalized was found to be a violation of the
Crime Victims' Rights Act of 2004 (CVRA), which requires notifying victims of the progress of federal criminal cases. The CVRA was new and relatively untested at the time of the Epstein non-prosecution agreement. In 2008, representatives for two of Epstein's victims filed a lawsuit (
Jane Doe #1 and Jane Doe #2 v US) in federal court aiming to vacate the federal non-prosecution agreement on the grounds that it violated the CVRA. The government's contention that the CVRA did not apply was based on questions of timing (whether or not CVRA applied prior to filing of federal charges), relevance (whether the CVRA applied to non-prosecution agreements), and jurisdiction (whether the case should be considered a federal case or a state case under the CVRA). U.S. District Judge
Kenneth Marra rejected those arguments in the February 21, 2019 ruling, finding that the CVRA did in fact apply and that victims should have been notified of the Epstein non-prosecution agreement in advance of its signing, to afford them the opportunity to influence its terms. At the conclusion of his ruling, the federal judge in the case noted that he was "not ruling that the decision not to prosecute was improper", but was "simply ruling that, under the facts of this case, there was a violation of the victims rights [for reasonable, accurate, and timely notice] under the CVRA." The
Eleventh Circuit affirmed Marra's decision, but then sitting
en banc revisited that decision and ruled otherwise, in
Doe No. 1 v. United States, 749 F. 3d 999 (11th Cir. 2021) and in February 2022 the
Roberts Supreme Court decided to let that judgment rest. The court found that the CVRA did not create a right for victims to sue the US government if no indictment was actually filed. Following the
Herald investigation and related news coverage, a group of 15 Democratic members of
Congress submitted a formal request to the
U.S. Department of Justice for review of Acosta's role in the Epstein deal, and several editorials called for Acosta's resignation or termination from his then-current position as
U.S. Labor Secretary. In February 2019, the Justice Department's
Office of Professional Responsibility notified Senator
Ben Sasse that it had opened an investigation into Epstein's prosecution.
Epstein's arrest, Acosta's resignation and OPR review On July 6, 2019, Epstein was arrested by the
FBI–
NYPD Crimes Against Children Task Force on sex trafficking charges stemming from activities alleged to have occurred in 2002–2005. Amid criticism of his mishandling of the Epstein case, Acosta resigned his role as Secretary of Labor effective July 19, 2019, after a public outcry. An anonymous source claimed that when Acosta was vetted for his cabinet post in the
Trump administration, he stated "I was told Epstein 'belonged to intelligence' and to leave it alone." According to an internal review conducted by the
Department of Justice's
Office of Professional Responsibility (OPR), which was released in November 2020, Acosta showed "poor judgment" in granting Epstein a non-prosecution agreement and failing to notify Epstein's alleged victims about this agreement. In the report, Acosta denied that Epstein was an intelligence asset. The OPR report also stated that it found no evidence that Epstein was a cooperating witness or an intelligence asset. James Hill of
ABC News remarks that in "an appendix to the report, OPR revealed there was an 11-month gap in Acosta's incoming emails that coincided with the time frame of the Epstein investigation and negotiations over the deal.... After being informed of the "data gap" at a briefing for victims and their attorneys last week,
Cassell [Paul Cassell, a representative for Epstein's accusers] said he was stunned, because he and his co-counsel Edwards have been seeking those emails for several years in their litigation on behalf of the victims, and they had never been told about the issue." According to Hill, Cassell also questioned why they had not been told years earlier.
2025 congressional testimony subpoena On 25 August 2025 the
House Oversight Committee issued a
subpoena to Acosta requesting his testimony in the Epstein file. His name was not in the initial batch of subpoenas the committee sent out in August, which included
Bill Clinton and
Hillary Clinton. His testimony was on September 19. During his September 2025 testimony, Acosta said he did not recall any discussions of "potential
financial crimes" in the Epstein investigation. In October 2025,
Bloomberg News uncovered email correspondence that showed that Acosta's office did discuss financial crimes and that Acosta was copied on correspondence about it. Records related to the financial crimes investigation were stored in a folder titled, "Money Laundering." == Law school dean and bank chairman (2009–2017) ==