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Case 22-1426, Document 59, 02/28/2023, 3475902, Page49 of 113
provision as to Epstein. See, e.g., LaSalle Bank Nat’l Ass’n v. Nomura Asset
Capital Corp., 424 F.3d 195, 206 (2d Cir. 2005) (“In interpreting a contract under
New York law, ‘words and phrases ... should be given their plain meaning,’ and
the contract ‘should be construed so as to give full meaning and effect to all of its
provisions.’”’) (citations omitted); Port Consol., Inc. v. Int’l Ins. Co. of Hannover,
PLC, 826 F. App’x 822, 827 (11th Cir. 2020) (same under Florida law). The Justice
Manual supports this view, admonishing prosecutors who do not wish to bind
USAOs in other districts to “explicitly limit the scope” of the NPA to their
districts. Justice Manual, Comment to § 9-27.630 (emphasis added). The absence
of the phrase “in this District” from the co-conspirator immunity provision
therefore compels the inference that the parties did not intend to so limit its reach.
As the NPA reflects, Epstein’s objective in negotiating the NPA was to
obtain a global resolution that would, among other things, provide maximum
protection for any alleged co-conspirators. A175 (noting that Epstein “seeks to
resolve globally his state and federal criminal liability”). The NPA makes clear that
its identification of four “potential co-conspirators” by name was not intended to
limit the immunity provision to those four individuals (“but not limited to”). A178;
Dkt 142, Exh. H (9/16/07 email from Villafana to Lefkowitz stating that “I will
mention ‘co-conspirators,’ but I would prefer not to highlight for the judge all of
the other crimes and all of the other persons that we could charge”). The NPA on
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00021096.jpg |
| File Size | 699.4 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,698 characters |
| Indexed | 2026-02-03 20:07:09.805709 |