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Extracted Text (OCR)
Id. at 26a.
The NPA further specified that, if Epstein timely
fulfilled all the terms and conditions of the agreement,
no prosecution against him would “be instituted in this
District.” Pet. App. 26a. The NPA then listed 13 terms,
which principally required Epstein to plead guilty to
two state offenses—soliciting prostitution and soliciting
minors to engage in prostitution—and agree to a sen-
tence of 18 months of imprisonment. Jd. at 27a-30a. A
later provision stated that if Epstein “successfully ful-
fills all of the terms and conditions of this agreement,
the United States also agrees that it will not institute
any criminal char[gles against any potential co-con-
spirators of Epstein, including but not limited to” four
of Epstein’s assistants (none of whom was petitioner).
Id. at 31a; see id. at 123a-124a; C.A. App. 178.
Such a coconspirators clause was “‘highly unusual,’”
Pet. App. 125a, and “appears to have been added ‘with
little discussion or consideration by the prosecutors,’”
id. at 55a (citation omitted). During a later investiga-
tion into the Florida USAO’s handling of the Epstein
matter, the Assistant U.S. Attorney who handled the
case told the Department of Justice (DOJ) Office of Pro-
fessional Responsibility that she “did not consider the
possibility that Epstein might be trying to protect” an-
yone other than the four named assistants. /d. at 110a;
see id. at 125a-126a. And other USAO attorneys sug-
gested that the coconspirators clause was “meant to
protect named co-conspirators who were also victims”
of Epstein. Jd. at 125a.
The coconspirators clause is not the only clause that
refers to “the United States”; instead, the NPA refers
variously to the “the United States Attorney,” “the
United States Attorney’s Office,” and “the United
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