Two Epstein survivors, Danielle Bensky and Jane Doe 3, filed a putative class action on February 16, 2024 in the Southern District of New York against Darren Indyke and Richard Kahn, co-executors of the estate. The complaint alleged that the longtime lawyer-accountant team managed more than 140 bank accounts that moved payments to recruiters and victims. The current caption is Allyson Ward v. Darren K. Indyke, et al., No. 1:24-cv-01204 (AS). A final fairness hearing is set for September 16, 2026. The settlement is not yet a final judgment.12
Caption and parties
The original complaint named Bensky and Jane Doe 3. On August 5, 2024 Judge Arun Subramanian dismissed Bensky's claims because she had already signed a release that barred them, and granted the motion to dismiss only in part as to Jane Doe 3, allowing core trafficking counts to proceed. On October 18, 2024 Jane Doe 3 moved to add Allyson Ward as a putative class representative. The court granted that amendment on August 19, 2025. Jane Doe 3 and Ward filed an amended complaint on August 22, 2025, later corrected on September 3. The class period runs from January 1, 1995 through August 10, 2019.1
Jane Doe 3 later settled her individual claims. On November 24, 2025 she and the co-executors signed a separate agreement. The court dismissed those individual claims with prejudice on December 3, 2025. Ward is now the sole named class representative. Bensky and Jane Doe 3 are not counted as eligible class members in the proposed settlement.1
The defendants deny liability. They say they were professional advisers. The settlement, if approved, would dismiss the litigation with prejudice and would not be an admission of misconduct.1
Proposed 2026 settlement
On February 19, 2026 Ward, the estate, and the co-executors signed a settlement agreement. It pays $35 million if 40 or more eligible class members qualify, and $25 million if fewer than 40 do. The class covers women sexually assaulted, abused, or trafficked by Epstein between those dates who have not already executed a settlement that released the estate. Anyone who settled through the Epstein Victims' Compensation Program or in a private estate deal is ineligible. The co-executors make no admission of fault, damages, or wrongdoing.12
The court granted preliminary approval on March 3, 2026. Claim questionnaires were due May 12, 2026. Objections were due August 26. Judge Subramanian scheduled the final hearing for September 16, 2026 at 2:00 p.m. The hearing was still pending on September 6. Approval would still leave allocation and payment to the fund administrator. It would not by itself prove that individual awards have been paid.2
Any eventual payment would come from estate and 1953 Trust funds already bound up in creditor and survivor claims.
Civil releases and confidentiality
The 2020 Epstein Victims' Compensation Program required recipients to release civil claims against the estate, the trust, the co-executors and other covered parties. Its general release expressly allowed claimants to discuss their experiences and compensation, while requiring the administrator to keep their files confidential.3
The proposed 2026 settlement also releases covered civil claims. Its published documents protect claimant identities, submitted information and mediation communications; the reviewed agreement contains no general prohibition on claimants speaking publicly about abuse. Its terms do not establish the contents of separate private agreements.12