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A month before his death, Epstein was briefly placed on suicide watch after officers found him on the floor of his cell with a bedsheet tied around his neck.

On Aug. 9 and Aug. 10, 2019, Noel and Thomas were responsible for checking in on Epstein at a series of intervals.

But Noel and Thomas did not complete all of their assigned check-ins on Epstein, prosecutors have said.

Instead, they surfed the internet in the common area of the special housing unit of the federal lockup, browsing sports news and sales of furniture and motorcycles, an indictment charged. They also appear to have been asleep for about two hours during their shift.

Epstein was in a cell just 15 feet or so from the guards’ desk, the indictment says.

Gerald Lefcourt, a former lawyer for Epstein, told CNBC that, “Deferred prosecutions are usually very hard to come by.”

”It’s usually a sign that the prosecution’s case is not how it originally appeared,” said Lefcourt.

The lawyer played a key role more than a decade ago in cutting a controversial non-prosecution deal with the Miami’s United States Attorney in which Epstein avoided federal criminal charges related to his interactions with underage girls. Epstein had an obsession with receiving multiple daily massages, and a number of women have come forward to claim he sexually abused them during those sessions.

In that case, Epstein agreed instead to plead guilty in 2008 to Florida state charges that included soliciting sex for pay from an underage girl.

Epstein served 13 months in jail for that case.

Asked if he thought the deferred prosecution agreement was appropriate in the guards’ case, Lefcourt demurred, saying, ”I don’t know the facts.”

Sasse, the Nebraska senator, in a statement, condemned the agreement, saying, “Apparently the Justice Department hasn’t finished embarrassing itself yet.

“This is unacceptable. Epstein’s victims have been failed at every single turn. One hundred hours of community service is a joke — this isn’t traffic court,” Sasse said.