Newly unsealed $500,000 settlement between Virginia Giuffre and Jeffrey Epstein doesn't explicitly mention Prince Andrew
- A sealed settlement between Jeffrey Epstein and accuser Virginia Giuffre was made public Monday.
- Prince Andrew's legal team has argued the settlement releases the royal from any claims brought by Giuffre.
A newly unsealed 2009 settlement agreement between Jeffrey Epstein and accuser Virginia Roberts Giuffre — who is suing Prince Andrew over alleged sexual misconduct — makes no explicit reference to the royal family member.
Attorneys for the Duke of York have claimed that the document, which was made public Monday afternoon, would invalidate Giuffre's lawsuit against him.
In an October court filing asking a judge to dismiss the lawsuit, the lawyers wrote that Prince Andrew was a "third-part beneficiary to the release."
"Because Prince Andrew is a senior member of the British royal family, he falls into one of the expressly identified categories of persons, i.e., royalty, released from liability under the Release Agreement, along with politicians, academicians, businessmen, and others allegedly associated with Epstein," Andrew's attorneys wrote.
Last week a judge ordered the document, which was signed in 2009, to be unsealed.
Over the years, Giuffre has filed civil lawsuits against Epstein, Ghislaine Maxwell, Alan Dershowitz, and Prince Andrew, alleging they all sexually abused her as part of a sex-trafficking operation. All of the defendants denied the claims against them, and Dershowitz and the prince have both said the 2009 settlement agreement bars Giuffre from suing them.
Prince Andrew says he's among the 'other potential defendants' protected by the release
The settlement agreement, which was signed a decade before Epstein's death in 2019, granted Giuffre $500,000. It says that, as a condition of receiving the funds, Giuffre must relinquish all civil lawsuits against Epstein as well as "other potential defendants."
The release form defines "other potential defendants" as "second parties" — which appears to be a reference to Epstein's attorneys, legal agents, and employees — as well as "any other person or entity who could have been included as a potential defendant."
The only reference to "third parties" includes family members, tax services, government subpoenas, and other entities who might gain access to the release form, but would be required to abide by confidentiality rules.
Prince Andrew's attorneys have argued that, although they aren't explicitly mentioned, the royal and Dershowitz are among the "other potential defendants" referenced in the document.
"To avoid being dragged into future legal disputes, Epstein negotiated for this broad release, insisting that it cover any and all persons who Giuffre identified as potential targets of future lawsuits, regardless of the merit — or lack thereof — to any such claims," they wrote. "Epstein's former attorney, Alan Dershowitz, and Prince Andrew are axiomatically among the releasees in that 2009 settlement agreement."
Andrew Brettler, an attorney for Prince Andrew, told Insider on Monday that his client counted among the "other potential defendants" because Giuffre alleged that she was abused by "royalty, politicians, academicians, businessmen, and/or other professional and personal acquaintances" in her initial lawsuit against Epstein.
"Ms. Giuffre received money from Epstein and released him along with 'Other Potential Defendants,' a category of persons that we contend includes the duke, as evidenced by the allegations in Ms. Giuffre's 2009 Complaint against Epstein that specifically mentions 'royalty' as one of the categories of persons who allegedly abused her," Brettler wrote in an email.
Brettler also wrote that Dershowitz successfully used the settlement agreement to get part of Giuffre's lawsuits against him dismissed. In August, he and Giuffre jointly agreed to a stipulation where she dropped her battery claim against him.
The stipulation came after Dershowitz made legal arguments that remain sealed, but that cited Giuffre's 2009 agreement with Epstein and likely contended that he fell into the "academicians" category. Other parts of Giuffre's lawsuit against Dershowitz are still moving forward.
Giuffre's civil lawsuits led to criminal charges against Ghislaine Maxwell
Giuffre first filed the lawsuit against Prince Andrew in August, alleging he sexually abused her in New York, London, and the US Virgin Islands when she was 17.
The royal has fought hard to dismiss the lawsuit, arguing, among other things, that Giuffre doesn't have the standing to bring the lawsuit because she lives in Australia. The judge overseeing the case is scheduled to hold a hearing over the arguments on Tuesday.
The civil lawsuit against Prince Andrew is one of several civil cases Giuffre has filed against Epstein's associates. In addition to her ongoing lawsuits against the Duke of York and Dershowitz, her 2015 lawsuit against Maxwell has led to criminal charges against the socialite.
Ever since Giuffre settled the Maxwell lawsuit in 2017, she's fought to unseal evidence that was filed as part of the discovery process. That includes a deposition transcript where Maxwell denied knowledge of Epstein's sexual abuse of girls.
Maxwell was convicted in December on charges that she sex-trafficked girls with Epstein and sexually abused them herself. She's also set to face another trial on perjury charges that allege she lied in the deposition.
On Monday morning, US District Judge Alison Nathan, who's overseeing Maxwell's criminal cases, asked prosecutors and Maxwell's attorneys to propose a schedule for the perjury trial.