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INTEREST OF AMICI
The National Association of Criminal Defense
Lawyers (NACDL) is a nonprofit voluntary professional
bar association that works on behalf of criminal defendants
to ensure justice a
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INTRODUCTION AND
SUMMARY OF ARGUMENT
Defendants in criminal cases rely on the promises
made by the Department of Justice when deciding whether
to plead guilty and face the life-altering consequenc
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Amicus NACDL urges the Court to grant this petition
and resolve the conflict among the circuits to ensure that
the government keeps its promises.
ARGUMENT
The Department of Justice (the “Departme
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TABLE OF CONTENTS
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INTRODUCTION AND SUMMARY
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conspirators.” Lourie did not recall why the USAO
agreed to it, but he speculated that he left that
provision in the NPA because he believed at the time
that it benefited the government in some
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to “any potential co-conspirator of Epstein, including’
the four named assistants, and deleting mention of the
corporate entity employees. Finally, Villafafia deleted
mention of immigration proc
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earlier proposed draft federal plea agreement.!”?
Lefkowitz also again included the sentence precluding
the government from requesting, initiating, or recom-
mending immigration proceedings agai
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would confer with Krischer and Belohlavek “to make
sure the defense doesn’t try to do an end run.”
That same morning, Epstein attorney Sanchez, who
had not been involved in negotiations for sev
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agreement. Villafatia told Lourie that she had added
that paragraph at the “insistence” of the defense, and
opined, “I don’t think it hurts us.” Villafafia explained
to OPR that she held this vi
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message, “That is fine. [The West Palm Beach manager]
and I will nail everything down, we just want to get a
final blessing.”
Negotiations continued throughout the day on
Wednesday, September 1
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review all of the language, but he agrees with
it in principle.
[The West Palm Beach manager] and I will
both be available at 2:00. ... One of my
suggestions is going to be (again) that we all
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Villafana circulated the defense’s proposed plea
agreement to Lourie and two other supervisors, and
expressed frustration that the new defense version
incorporated terms that were “completely di
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A few minutes later, the incoming West Palm Beach
manager emailed Lourie, suggesting that Lourie “talk
to Epstein and close the deal.”!"®
Within moments, Lourie replied to the manager,
with a c
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because he “did not want people to believe him to have
committed a variety of crimes.” As she explained to
OPR, Villafafia believed the NPA did not need to be
disclosed in its entirety, but she
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Lefkowitz, who advised that Epstein was leaning
towards a plea to state charges under a non-prosecu-
tion agreement, and she would be forwarding to
Lefkowitz “our last version of the Non-Prosecu
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Later that day, Villafatia sent Lefkowitz a lengthy
email to convey two options Lourie had suggested: “the
original proposal” for a state plea but with an
agreement for an 18-month sentence, or
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told OPR that her reference to “all of the other crimes
and all of the other persons that we could charge”
related to her concern that if the plea agreement
contained information about uncharged
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point, Sloman left on vacation, and he informed Acosta
and Villafafia that in his absence Lourie had agreed
“to help finalize this.” Lourie spent the following
work week at his new post at the D
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As part of its investigation, OPR examined the
interactions between state officials and the federal
investigators and prosecutors, but because OPR does
not have jurisdiction over state officials
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City Chief Medical Examiner concluded that Epstein
had committed suicide.
As a result of Epstein’s death, the U.S. Attorney’s
Office for the Southern District of New York filed a
nolle prosequi
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On February 21, 2019, the district court granted the
CVRA case petitioners’ Motion for Partial Summary
Judgment, ruling that the government violated the
CVRA in failing to advise the victims abo
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November 28, 2018, however, the Miami Herald
published an extensive investigative report about
state and federal criminal investigations initiated
more than 12 years earlier into allegations that
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Victims were not informed of, or consulted about, a
potential state resolution or the NPA prior to its signing.
The signing of the NPA did not immediately lead to
Epstein’s guilty plea and incar
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APPENDIX F
DEPARTMENT OF JUSTICE
[LOGO]
EXCERPTS OF THE OFFICE OF
PROFESSIONAL RESPONSIBILITY REPORT
Investigation into the U.S. Attorney’s Office for the
Southern District of Florida’s Resoluti
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indictment and so does resolve any such issues here.
However, Maxwell’s motion seeking to dismiss the $1
superseding indictment because it was returned by a
grand jury sitting at the White Plains
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motions in limine to be considered at the final pretrial
conference. The Government’s proposal will give
Maxwell an opportunity to challenge admission of that
evidence and to bring to the Court’s
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The Court further ORDERS the parties to negotiate
a final schedule for all pretrial disclosures that remain
outstanding, including: Brady, Giglio, and Jenks Act
materials, including co-conspirato
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defendant of due process of law simply because it did
not produce the evidence sooner.” Id. at 144.
Maxwell requests an order directing immediate
disclosure of all Brady and Giglio material and
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Concepcion, 983 F.2d 369, 392 (2d Cir. 1992). The Court
will follow the well-worn path of others in this District
and reserve the issue for trial. Maxwell may renew her
motion then.
VII. Maxwell
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defendant's motion. “Motions to strike surplusage
from an indictment will be granted only where the
challenged allegations are not relevant to the crime
charged and are inflammatory and_ prejudic
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States v. Cunningham, 672 F.2d 1064, 1070-71 (2d Cir.
1982).
The Court is of course cognizant of the burden
separate trials may impose on all trial participants.
But much of the proof relevant t
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occurred. The indictment adequately describes the
time and place of the charged conduct.
Maxwell next contends that allegations of noncriminal
conduct render the charges impermissibly vague. The
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(2d Cir. 1975). In addition to dismissal, “Rule 7(f) of
the Federal Rules of Criminal Procedure permits a
defendant to seek a bill of particulars in order to
identify with sufficient particularit
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alleges—without evidence—that her accusers fabricated
their stories based on media allegations. The Court
will not dismiss the indictment on Maxwell’s bare
assertion that numerous witnesses are e
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and his mother, one individual Maxwell believes
worked with one of the alleged victims in this case, and
a police detective who investigated Epstein in Florida.
She contends they all would have p
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B. The Government’s delay in bringing charges
did not violate due process
“As the Supreme Court stated in United States v.
Marion, the statute of limitations is ‘the primary
guarantee against br
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Epstein from 2001 to 2007, other offenses that were
the subject of the FBI and U.S. Attorney’s Office
investigation, and any offenses that arose from the
related grand jury investigation.
The Co
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Circuit precedent she may offer evidence that negotia-
tions of the NPA between the defendant and the
prosecutors included a promise to bind other districts.
See United States v. Russo, 801 F.2d
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A. The non-prosecution agreement does not
bind the U.S. Attorney for the Southern
District of New York
United States Attorneys speak for the United
States. When a U.S. Attorney makes a promise a
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District of Florida. Dkt. No. 142 at 1-2. Epstein agreed
in the NPA to plead guilty in Florida state court to
soliciting minors for prostitution and to serve eighteen
months in a county jail. Id.
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e Maxwell moves to dismiss the perjury counts
because, in her view, her testimony responded to
ambiguous questioning and was not material.
The Court concludes that these issues are best
left for
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a sex trafficking count and another related conspiracy
count.
This Opinion resolves all of Maxwell’s currently
pending pretrial motions other than those seeking to
suppress evidence, which the C
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APPENDIX D
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
20-cr-330 (AJN)
UNITED STATES OF AMERICA,
_y—
GHISLAINE MAXWELL,
Defendant.
OPINION & ORDER
ALISON J. NATHAN, District Jud
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The defendant is sentenced as provided in pages 2
through _8_ of this judgment. The sentence is imposed
pursuant to the Sentencing Reform Act of 1984.
™ The defendant has been found not guilty o
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By signing this Addendum, Epstein asserts and
certifies that the above has been read and explained to
him. Epstein hereby states that he understands the
clarifications to the Non-Prosecution Agre
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IN RE: INVESTIGATION OF JEFFREY EPSTEIN
ADDENDUM TO THE
NON-PROSECUTION AGREEMENT
IT APPEARING that the parties seek to clarify
certain provisions of page 4, paragraph 7 of the Non-
Prosecution
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after consideration of potential settlements, an
attorney representative elects to file a contested
lawsuit pursuant to 18 U,S.C. s 2255 or elects to
pursue any other contested remedy, the para-
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Dated:
JEFFREY EPSTEIN
Dated: 9/24/07
/s/ Gerald Lefcourt
GERALD LEFCOURT, ESQ.
COUNSEL TO JEFFREY EPSTEIN
Dated:
LILLY ANN SANCHEZ, ESQ.
ATTORNEY FOR JEFFREY EPSTEIN
By signing this agreement,
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may dismiss an indictment, information, or complaint
for unnecessary delay in presenting a charge to the
Grand Jury, filing an information, or in bringing a
defendant to trial. Epstein hereby req
Dated:
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R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
By
A. MARIE VILLAFANA
ASSISTANT US. ATTORNEY
Dated: 9/24/07
Dated:
Dated:
/s/ Jeffrey Epstein
JEFFREY EPSTEIN
GERALD LEFCOURT, ESQ.
COUNS