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Case 22-1426, Document 59, 02/28/2023, 3475902, Paged5 of 113 have total immunity from federal prosecution for matters that were the subject of the investigation. D. All counts fall within the scope of the NPA and must be dismissed. Given that the NPA binds the USAO-SDNY, all three remaining counts must be dismissed because the plain text of the co-conspirator provision is not limited to any particular offense or any time period. A172. That the co-conspirator immunity provision is not limited to the 2006-2007 investigation or the 2001-2007 timeframe or to prosecution in the SDFL is reinforced by another provision of the agreement which reads, in pertinent part, that a breach of the agreement, “allows the United States to elect to terminate the agreement and fo investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. A172. In any, event, at minimum, Counts Three and Six must be dismissed because they indisputably fall within the scope of the NPA even as construed by the District Court. 40 DOJ-OGR-00021102