At the current time, writing about mundane points of law can prove difficult and frustrating. What can one legitimately write about? Who really cares about recent legal and corporate questions, when one’s attention is hopelessly distracted by grave disturbing challenges, which the law tries with great difficulty to influence?
A case in point is the horrific Epstein case involving rich and powerful billionaires, business leaders, politicians, academics, scientists and others indulging in depravity and corruption.
We have an illegal war in Iran which has expanded in unexpected directions; the ongoing cruel and costly war in Ukraine; a new conflict between Pakistan and Afghanistan, and the ongoing obliteration of the Gaza Strip, among others. Meanwhile more people openly espouse fascist inclinations and antisemitism is on the rise.
These are serious and disturbing developments. And one may well ask: is it worth writing about legal developments and niceties when the world around us seems to be rushing headlong towards Armageddon?
When confronted by evil and brute force, the law can be found weak, helpless and merely reactive. The law is not there to eradicate evil, but to try to soften its edges, and where possible offer a remedy and other forms of accountability.
Indeed, laws do not by themselves guarantee justice. In an ideal scenario, the good and the just would always prevail, but that is not the case. One obviously hopes that the world order and the notion of law will survive and overcome the threats and challenges present in these times of chaos and conflict.
Now let us talk of Jeffrey Epstein.
Some Legal Repercussions
Many legal proceedings have been initiated as a direct result of Epstein’s large scale abuses, brought mainly by victims, against Epstein himself and various conniving cronies and enablers. Several proceedings have already been closed and resolved through private settlements. In most of the proceedings, the identity of the plaintiffs is kept secret.
An important class action instituted in the US by a number of survivors accuses Epstein’s lawyer and accountant of aiding and abetting his sex trafficking, for which they earned massive remuneration. They were charged with setting up complex structures, accounts and schemes to conceal his abuses, pay recruiters and compensate victims. The Epstein estate has now offered to pay 35 million dollars to resolve this class action, subject to court approval. Incredibly, in a separate case, the Epstein estate has already paid off a Trump accuser.
The US government is suing JP Morgan Chase Bank alleging it “facilitated, sustained and concealed the human trafficking network operated by Jeffrey Epstein”. Senior figures in finance and banking too are being investigated for egregious offences involving minors. So much for ethical leadership and integrity in high places.
A Maltese Connection
It was reported locally that disclosed documents indicate that Epstein and his billionaire associates had looked at Malta with interest for possible use to transact secretive fund movements.
From where Epstein was looking, Malta seemed a typically convenient and safe island tax haven where billionaires can safely do their dirty business, also thanks to local advisers and professionals. He specifically searched out potential opportunities from our much trumpeted crypto-friendliness and ‘blockchain island’ ambitions.
Who would have refused Epstein as a potential client? He was very rich and had friends in high places, and the fees would have been considerable.
Epstein and friends never missed a golden opportunity to earn hefty commissions. They also plotted how they could somehow lay their grubby hands on the Maltese estate of the former Libyan dictator Ghaddafi and his family. Millions of assets had been frozen by Maltese banks under UN sanctions. Big money could be made if those funds could somehow be moved into the custody of his buddies from Goldman Sachs and JP Morgan.
Small Island Studies
The Epstein scandal shows that small paradise islands can sadly attract the rich and powerful intent on perpetrating abuse and dark arts. They are isolated, secretive, easy to control and monitor, and it is difficult or impossible to escape from. In other words, they can serve as dangerous prisons.
A new darker chapter is being added to the literature on small island studies. Not so much paradise or pleasure islands, but rather mysterious dark perversion places where, in the words of the ivory trader Kurtz, indescribable horrors may occur.
A UN Experts Report
A recent United Nations Human Rights Experts Report has concluded that the recent disclosures of “systematic and large scale sexual abuse, trafficking and exploitation of women and girls” by Epstein and company may reasonably amount to crimes against humanity. The experts called on governments to “act decisively to hold perpetrators accountable” as “no one is too wealthy or too powerful to be above the law.”
David Fabri LL.D., Ph.D. lectures in law and business ethics at the University of Malta
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