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Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 40 of 239
OPR Report at 95. The OPR Report further notes that, thereafter, Epstein sought to avoid
complying with the NPA entirely, and his attorneys appealed to Main Justice in the hopes of
voiding the agreement. OPR Report at 94-108. That appeal was not successful. /d. In any event,
the involvement of Main Justice alone would not begin to establish the very different proposition
that Main Justice viewed the NPA as binding any district other than USAO-SDFL, let alone
specifically considered and approved such an outcome, or communicated such a promise to
Epstein.
Further still, the record in the civil case makes clear that the USAO-SDFL’s position was
that the NPA did not bind other districts. In a July 5, 2013 brief, the USAO-SDFL stated:
[T]he Non-Prosecution agreement simply obligated the government
not to prosecute Epstein in the Southern District of Florida for the
offenses set forth in the Non-Prosecution Agreement. The Non-
Prosecution Agreement does not bar the United States from bringing
federal criminal charges against Epstein for the offenses set forth in
the Non-Prosecution Agreement in any other district in the
nation. Neither does the Non-Prosecution Agreement bar
prosecution in any district for offenses not identified in the
agreement.
Government Brief, 08 Civ. 80736 (KAM), Dkt. No. 205-2, at 10-11 (S.D. Fla.) (emphasis in
original); see also OPR Report at 81, n.125 (observing that a supervisor at the USAO-SDFL
“pointed out that the NPA was not a ‘global resolution’ and other co-conspirators could have been
prosecuted ‘by any other [U.S. Attorney’s] office in the country.’”).
As the USAO-SDFL has explained, the NPA did not bind other districts, and could not.
That is because the USAO-SDFL lacked the authority to do so under applicable Department of
Justice guidelines:
Significantly, under the governing provision of the United States
Attorney’s Manual, the USAO-SDFL did not have the authority to
unilaterally bar Epstein’s prosecution in any other district in the
country: ‘No district or division shall make any agreement,
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| Filename | DOJ-OGR-00002974.jpg |
| File Size | 732.9 KB |
| OCR Confidence | 94.3% |
| Has Readable Text | Yes |
| Text Length | 2,167 characters |
| Indexed | 2026-02-03 16:29:14.418950 |