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Extracted Text (OCR)
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States.” Pet. App. 24a-38a. For example, the NPA pro-
vides for “the United States Attorney” to send notice to
Epstein if he “should determine, based on reliable evi-
dence,” that Epstein has violated the agreement, and
specifies that the notice should be “provided * * * within
60 days of the United States learning of facts which may
provide a basis for a determination of a breach.” Jd. at
26a.
DOJ policy provided at that time—and similarly pro-
vides today—that “[n]o district or division shall make
any agreement, including any agreement not to prose-
cute, which purports to bind any other district(s) or di-
vision without the express written approval of the United
States Attorney(s) in each affected district and/or the
Assistant Attorney General of the Criminal Division.”
Pet. App. 10a (citation omitted); see Justice Manual
§ 9-27.641 (Feb. 2018) (current version). The NPA in
Epstein’s case was signed by Epstein, his counsel, and—
under U.S. Attorney Acosta’s name—the aforemen-
tioned Assistant U.S. Attorney. Pet. App. 36a-38a.
In accordance with the NPA, Epstein pleaded guilty
to two offenses in Florida state court in 2008. Pet. App.
96a. He was incarcerated for about a year in a mini-
mum-security state facility. Id. at 96a-98a. But in 2019,
the USAO for the Southern District of New York (New
York USAO) obtained an indictment charging Epstein
with sex trafficking minors. /d. at 100a.
2. In 2020, a grand jury in the Southern District of
New York returned an indictment charging petitioner
with several offenses arising out of her scheme with Ep-
stein. Pet. App. 52a. A second superseding and ulti-
mately operative indictment charged petitioner with six
offenses related to facilitating sexual activity by minors
and two counts of perjury. C.A. App. 114-135.
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