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58a 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 624, 626 (2d Cir. 1986). She alleges that officials in the U.S. Attorney’s Office for the Southern District of Florida sought and obtained approval for the NPA from the Office of the Deputy Attorney General and communicated with attorneys in other districts. Any involvement of attorneys outside the Southern District of Florida appears to have been minimal. Maxwell has already received access to an unusually large amount of information about the NPA’s negotiation history in the form of the OPR report and yet identifies no evidence that the Department of Justice made any promises not contained in the NPA. The OPR report reflects that the Office of the Deputy Attorney General reviewed the NPA, but only after it was signed when Epstein tried to get out of it. OPR Report at 103. Other documents show that attorneys in the Southern District of Florida reached out to other districts for investigatory assistance but not for help negotiating the NPA. Dkt. No. 204-2. Nor would direct approval of the NPA by the Office of the Deputy Attorney General change the meaning of its terms. No evidence suggests anyone promised Epstein that the NPA would bar the prosecution of his co- conspirators in other districts. Absent such a promise, it does not matter who did or did not approve it. Second Circuit precedent creates a strong presumption that a plea agreement binds only the U.S. Attorney’s office for the district where it was signed. Maxwell identifies nothing in the NPA’s text or negotiation history to disturb this presumption. The Court thus concludes that the NPA does not bind the U.S. Attorney for the Southern District of New York. DOJ-OGR-00000121

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Filename DOJ-OGR-00000121.tif
File Size 43.5 KB
OCR Confidence 95.4%
Has Readable Text Yes
Text Length 1,863 characters
Indexed 2026-02-03 15:58:03.000999