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be N Ww ws Oo OY ~] oO Ke) Ww _ OY 20 21 22 28 24 25 Wase ba9-cr-00490-RMB There is no evidence to support that. Document 18 Filed 07/16/19 begun and conducted the Sou It began in Certainly consistent But investigation. count of this And that is befor ntirely separate n ther District of New York. ther as indictment is videnc with and even overlapping with the prior the Court noted, t is with respect Page 8 of 18 8 The investigation was from any other district. that was gathered that is in particular an entire to New York victims. nonprosecution agreement does not bind the Sout New York. Ww THE COURT: Now that you have m entioned the topic, ven get to the that fact [ was going to ask you about MR. ROSSMILLER: Yes, your Honor. [ do expect that we can brief this, but the short version is that this prosecution is not precluded by the nonprosecution agreement entered into by the defendant in the Southern District of Florida. That agreement expressly referred to that federal district. It didn't purport to bind any other office or district. It is well-settled in the Second Circuit that a plea agreement in one U. Ds A unless otherwise stated. th ment xr agr additionally, as se grand jury, York and alleges New Yor t forth in the indictment returned by the ttorney's o That is even if, the thern District of that too. explain that t, would you. fers generally to "the government." F£fice does not bind another based on case law, Again, the substantive count alleges acts occurring in New k-based victims. SOUT HERN D STR CT REPORTERS, P.C. ( 212) 805-0300 DOJ-OGR- 00000394