What Prince Andrew’s settlement says about wealth and accountability

Epstein died in jail in August 2019, before he could be tried in federal court on charges of sex trafficking. (He had previously pleaded guilty to state sex offense charges.) His alleged accomplice, Ghislaine Maxwell, was convicted of sex trafficking in December 2021. (She is expected to be sentenced in June.)

Now, under the terms of a tentative agreement announced Tuesday, Prince Andrew will pay Giuffre a “confidential” amount, will donate to a charity “in support of victims’ rights,” and will admit to none of Giuffre’s accusations against him.

It is perhaps not just a coincidence that the Giuffre case will end here, just weeks before Prince Andrew’s scheduled deposition on March 10. The settlement likely guarantees that we will learn less, not more, about the extent of Epstein’s practices; Prince Andrew’s alleged involvement in Epstein’s circle will remain unknown. And it makes it less likely that Epstein victims will secure the vindication they deserve.

Whether you’re British royalty, a bulge-bracket bank or a venture-capital-funded food delivery start-up, there is often some way to make the wheels of justice in civil cases grind to a halt — if you have the resources. Settlements in civil cases are a feature of our legal system available to those who can afford it.

Giuffre might well have her reasons for settling. Revisiting events in sexual assault cases can reopen old wounds and re-victimize survivors. Litigation can be grueling, drawn-out and uncertain, and settlements can sometimes be used to fashion better remedies than a court order. Sometimes, of course, the settlement amount can be quite convincing on its own.

Seeing these wealth-enabled settlements crop up again and again — whether during the 2008 financial crisis or the #MeToo movement — is a reminder that our system of torts works better for some than for others. They draw potentially revelatory and important cases quietly out of sight so that they don’t become a public relations inconvenience or ruin your mother’s special day. It’s not difficult to understand why people begin to believe in conspiracy theories when it does appear as though there is a separate operating system for the affluent.

If you have enough money, you can avoid trial in civil cases and, in some instances, even avoid answering questions. Settling with accusers becomes just another cost of doing business.

“It’s definitely a relief to know … that no matter how rich or how connected you are, that you can still be held accountable,” Giuffre said after Maxwell was convicted.

Unfortunately, she might have spoken too soon.