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every instance to make clear that it applies only in the
district where signed.
Maxwell asks this Court to draw the opposite
conclusion. The provision of the NPA dealing with
co-conspirators does not expressly state that it binds
US. Attorneys in other districts. It does not expressly
state that it applies in other districts. The relevant
language, in its entirety, reads as follows: “the United
States also agrees that it will not institute any crimi-
nal charges against any potential co-conspirators of
Epstein.” Dkt. No. 142-1 at 5. Under Annabi, Salameh,
and Gonzalez, a statement that “the United States”
agrees not to prosecute implies no restriction on
prosecutions in other districts.
Two provisions of the NPA refer specifically to
prosecution in the Southern District of Florida. The
first states that the U.S. Attorney for the Southern
District of Florida will defer “prosecution in this
District” if Epstein complies with the agreement. Dkt.
No. 142-1 at 2. The second states that no prosecution
“will be instituted in this District, and the charges
against Epstein if any, will be dismissed” after he
fulfills the agreement’s conditions. Maxwell contends
that the lack of similar language in the co-conspirator
provision must mean that it lacks any geographical
limitation. If anything, that language reflects that the
NPA’s scope was expressly limited to the Southern
District of Florida. It is not plausible—let alone
“affirmatively apparent”, Annabi, 771 F.2d at 672,—
that the parties intended to drastically expand the
agreement’s geographic scope in the single sentence on
the prosecution of co-conspirators without clearly so
saying.
Without an affirmative statement in the NPA’s text,
Maxwell turns to its negotiation history. Under Second
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