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Signed shortly after the agreement was signed, epstein's counsels indicated that epstein may not comply with the agreement. and the agreement was appealed at very levels within the justice department. and she details in this affidavit, an affidavit that is also corroborated by the fbi case agent, how she and he and the office was concerned that epstein might not comply. and we would have to go to trial. and we had to weigh the issue of how much to disclose against the issue of if we have to go to trial, we want to win, we want to put epstein away, and talking about this would allow him to make...

To that are really the institutions that are holding his money. if he is holding his assets in a bank, they obviously have a number of legal obligations to another customer. they have to know the source of his funds, how it down like made his money. if they wanted to look into it, with the banks know, what other financial institutions know that are holding his funds, that is a good place to start. >> dana: there is again made dominic who said the courts, "epstein was deeply involved in fraud. epstein was never charged in the case but he was totally in the mix. he helped set up ponzi scheme, he...

What happens. >> it's a difficult thing to generalize this case to any other case but the way that they are handled can be looked at broadly. you have allegations that the question for prosecutors is there's a big difference, as the secretary said, between sufficient evidence to go to trial and a guarantee that you're going to have a conviction. and whether you can get something in the middle where you guarantee that somebody's on a sex offender registry, whether as restitution, and supposedly they are going to be spending time in jail. it's a huge disservice in this case is a lease with how i...

Questions, the really important questions. so i have a couple thoughts. first, there is no reason to seal this other than to protect epstein. and you wonder why you would protect a pedophile. second, if mr. acosta really thought he didn't have sufficient evidence at the time, seems like he did, but if he really did not, there is another option. you continue your investigation. you don't have to close a case. you don't have to permit a defendant to enter into a nonprosecution agreement. that is an extraordinary measure. it is highly unusual. so if you don't have it, and we don't literally know ...

You're with? >> i'm kaitlyn collins for cnn. would you make this same agreement today? >> so these questions are always very difficult. because we now have 12 years of knowledge and hindsight, and we live in a very different world. today's world treats victims very, very differently. today's world does not allow some of the victim-shaming that could have taken place at trial 12 years ago. today's world understands that when interviewing victims when illiciting testimony, that testimony can sometimes be contradictory that memories are difficult. and so i don't think we can say, you know, take a...