DOJ-OGR-00002587.jpg

Case 1:20-cr-00330-AJN Document 142 Filed 02/04/21 Page 15 of 38 Id. Thus, the NPA limits the benefit to Epstein to immunity “in this District.” Next, the NPA sets forth 13 provisions labeled “Terms of the Agreement.” These include the details of Epstein’s guilty plea and proposed sentence in the Florida state court, as well as Epstein’s agreement to waive his right to contest jurisdiction, liability, and damages up to an agreed-upon amount in certain civil actions brought by identified victims. NPA at 3-5. In the paragraph following the “Terms of the Agreement,” the NPA provides that “Epstein understands that the United States Attorney has no authority to require the State Attorney’s Office to abide by” the NPA. NPA at 5. This section further provides that Epstein retains the obligation to obtain the State Attorney’s Office’s compliance with the NPA’s procedures, “which compliance will be necessary to satisfy the United States’ interest,” and to convince the Florida state court to accept the proposed sentence. NPA at 5. The section contains no similar provision regarding compliance by other USAOs outside the SDFL. The NPA then lays out the provision at issue in this motion: 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. NPA at 5 (emphasis added). Unlike the provision that Epstein will not be prosecuted “in this District” (id. at 2), the sentence regarding co-conspirators contains no provision limiting co- conspirators’ immunity to the SDFL. Unlike the agreement that Epstein will not be prosecuted for “offenses that have been the subject of the joint investigation” and “offenses that arose from the Federal Grand Jury investigation” (id. at 2), the sentence regarding co-conspirators contains no limitation on the scope of conduct for which “potential co-conspirators of Epstein” cannot be 10 DOJ-OGR-00002587