DOJ-OGR-00000212.tif
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does not bind any other federal, state, or local prosecuting
authorities, nor does it prohibit any civil or administrative
proceeding against the defendant or any property.” United
States v. Barnes, No. 3:19-cr-00112-K, ECF No. 355 (Apr.
1, 2022), at 7.
3. The consistent practice of USAQs to limit the scope
of plea agreements stands in stark contrast to the
scope of the NPA here.
The trial court correctly noted that “[nJationwide,
unlimited agreements are the rare exception.” (App.
at 56a). The fact that this NPA is a “rare exception”
to Department’s general practice does not void the
agreement’s broad reach. In fact, the rarity of nationwide
agreements is a persuasive reason to enforce it because
there can be no question that the choice of language was
intentional and a key part of the parties’ bargain.
This situation is no different than a contractual
provision that binds a corporate subsidiary and, by
extension, the parent corporation. Unless the subsidiary
plainly lacked authority to enter into the agreement, that
provision is enforceable against the parent. Similarly, one
USAO has the authority to bind the entire Department.
“(T]he prosecutor’s office is an entity and as such it is the
spokesman for the Government. A promise made by one
attorney must be attributed, for these purposes, to the
Government.” Giglio v. United States, 405 U.S. 150, 154
(1972).
Recognizing that one prosecutor can bind all
prosecutor, the Justice Manual instructs prosecutors
that non-prosecution agreements should “be drawn in
DOJ-OGR-00000212
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00000212.tif |
| File Size | 36.6 KB |
| OCR Confidence | 94.9% |
| Has Readable Text | Yes |
| Text Length | 1,557 characters |
| Indexed | 2026-02-03 15:58:57.801528 |