Can Prince Andrew face prosecution over Jeffrey Epstein documents?

His royal status would not protect him from criminal prosecution in the US – but it’s unlikely he would ever be extradited

Prince Andrew’s royal status would not protect him from criminal prosecution in the US over his links to Jeffrey Epstein, a leading lawyer has warned – but it is unlikely he would ever be extradited.

Top criminal defence lawyer Duncan Levin, who previously served as an assistant US attorney, said there is “nothing barring” the federal government from arresting Andrew, the Duke of York, if he sets foot on US soil after sexual assault allegations resurfaced in court documents.

While an arrest of that “magnitude” would require sign off from the highest levels of the Department of Justice, recent cases against former US President Donald Trump show that no-one is above the law, Mr Levin said.

But he believes it is “unlikely” the US federal government wouldn ever seek to extradite the royal – who denies any wrongdoing.

Mr Levin told The Independent: “There’s nothing barring the federal government from arresting Prince Andrew.

Prince Andrew (REUTERS)

“If I were advising Andrew I would want him to be aware of the possibility of arrest in the US. That possibility might be enough to stop him coming here.

“Our system of justice doesn’t place anybody above the law – as we have seen with the prosecution of Trump. A prince, a king, a queen, a president – none of that matters in the US.”

Jeffrey Epstein and Ghislaine Maxwell (U.S. Department of Justice)

The comments come amid fresh calls from anti-monarchy group Republic for criminal probes into sex assault allegations against Andrew, 63, which resurfaced in a tranche of newly released US court documents known as the Epstein files.

The royal has been named 70 times in the sensational papers which were unsealed by a New York judge, once again shining a light on his links to the disgraced paedophile billionaire.

The trove of interviews and transcripts include allegations that the Duke of York had an orgy with underage girls and touched a woman’s breast while posing with a Spitting Image puppet of himself during his friendship with the disgraced financier.

It comes after Andrew in 2022 paid millions to settle a US civil case brought by Virginia Guiffre, who alleged she was sexually assaulted by the Duke on three occasions when she was 17, including in London in 2001, after being trafficked by Epstein. Andrew has strenuously denied any wrongdoing.

A photo allegedly showing Prince Andrew, Virginia Giuffre, and Ghislaine Maxwell (US District Court - Southern Dis)

The duke denied he slept with Virginia Roberts Giuffre on three separate occasions when questioned by Newsnight presenter Emily Maitlis (PA)

The royal has not faced any criminal investigation either at home or in the US.

The Metropolitan Police said in 2021 they were taking no further action over the allegations, while he is understood to have never submitted to an FBI interview over his links to Epstein. 

But following the release of the court papers, which formed evidence in a settled defamation case brought by Guiffre against Epstein’s madam Ghislaine Maxwell, there have been renewed calls for him to face justice.

Anti-monarchy group Republic this week announced they had reported Andrew to police, complaining “no serious criminal investigation” into the allegations has ever taken place.

Their chief executive Graham Smith said: “The question many people will be asking is simple: if the accused were anyone else, do we believe they wouldn’t have been investigated and prosecuted?”

While US attorney Spencer Kuvin, who has represented some of Epstein’s victims, insists the royal still has questions to answer.

“Andrew still refuses to fully account for his time with Epstein and has failed to speak with US investigators about what he knows. British police need to do their duty and reopen their investigation into his conduct,” he told the Mirror.

On Friday the Met said it will assess any “new and relevant information” after the papers were made public, but said no investigation into the Duke has been launched.

Prince Andrew (POOL/AFP via Getty Images)

Why wasn’t he extradited over Virginia Guiffre’s sexual assault case?

Ms Guiffre filed a lawsuit against Andrew in a federal court in New York in August 2021, however - crucially - the claim was civil and not criminal. You cannot face extradition for a civil case.

She said she was the victim of abuse and sex trafficking at the hands of Epstein, who lent her out to other powerful men, allegedly including Prince Andrew. She accused Andrew of sexual assault on three occasions when she was 17 - once at Maxwell’s house in Belgravia, once at Epstein’s New York mansion and a third time at Epstein’s private island Little St James, in the US Virgin Islands.

In March 2022 he agreed a settlement worth millions with his accuser, ending the case. The out-of-court settlement accepted no liability and Prince Andrew has always strongly rejected claims of wrongdoing

Will there be a UK criminal probe?

The Metropolitan Police announced in October 2021 it had closed a review of claims made in Ms Giuffre’s US civil sexual assault suit against Prince Andrew and was taking no further action.

In August 2022, the force said it would was taking no further action on allegations against Epstein himself, adding that any further investigations into human trafficking by the sex offender will be focused on activities and relationships outside the UK.

A spokesman said: “In the absence of any further information we will be taking no further action. As with any other matter, should new and relevant information be brought to our attention we will assess it.”

After the latest Epstein files were made public, they added that they will “assess” any relevant information but said they were not investigating Andrew.

A spokesman added: “We are aware of the release of court documents in relation to Jeffrey Epstein. As with any matter, should new and relevant information be brought to our attention we will assess it. No investigation has been launched.”

Will there be a US criminal probe?

Since his links to Epstein were exposed, Andrew has came under intense pressure to cooperate with an FBI investigation into the financier, who died awaiting trial in a New York prison.

In 2020 US attorney for the Southern District of New York Geoffrey Berman took the extraordinary step of announcing from the steps of Epstein’s Upper East Side mansion in New York that prosecutors and the FBI had repeatedly contacted the Duke of York’s lawyers to follow up on a previous pledge that he was “willing to help any appropriate law enforcement agency”.

However no such interview has ever taken place, The Independent understands.

US lawyer Mr Levin said, depending on the evidence, in principle the US federal government could pursue charges against Andrew or arrest him if he ever returns to America, but it is “unlikely” they would seek to extradite him.

He added: “It depends on evidence. A lot of time has passed. If convicted they are serious crimes.”