DOJ-OGR-00021077.jpg

Case 22-1426, Document 59, 02/28/2023, 3475902, Page30 of 113 offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. A175. After detailing the terms of the agreement as they relate to Epstein, the NPA lays out the following provision: In consideration of Epstein’s agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co- conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Lesley Groff, or Nadia Marcinkova. A178 (emphasis added). The NPA clearly distinguishes “the United States” from the USAO-SDFL, repeatedly referring explicitly to the latter where such a limitation is intended. Thus, the NPA’s references to the “United States” demonstrate a definitional intent not to limit such provisions to the USAO-SDEL. Unlike the provision that Epstein will not be prosecuted “in this District” (A175), the sentence regarding co- conspirators contains no provision limiting co-conspirators’ immunity to the SDFL; no limitation on the scope of conduct for which “potential co-conspirators of Epstein” cannot be prosecuted, and no language limiting its binding effect on other USAOs, as standard agreements typically do. DOJ-OGR-00021077