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Case 1:20-cr-00330-PAE Document 239 Filed 04/23/21 Page6of6 Page 6 based on the Government’s review to date and the OPR report, the Government has no reason to believe that a document supporting the above-described defenses under the NPA in this case exists. Indeed, as the Court noted in its April 16, 2021 Opinion, OPR thoroughly investigated the circumstances of the negotiation of the NPA and issued extensive findings from its investigation. Nothing in the OPR report supports the defendant’s assertion that the NPA bars this prosecution. (April 16, 2021 Opinion, Dkt. No. 207 at 5-6 (“Maxwell has already received access to an unusually large amount of information about the NPA’s negotiation history in the form of the OPR report and yet identifies no evidence that the Department of Justice made any promises not contained in the NPA.”); at 8 (“No record evidence suggests that prosecutors promised anything beyond what was spelled out in writing.”)). The Government does not intend to seek any additional materials from other offices or agencies relating to the NPA, and the Court has already denied the defense’s request for discovery relating to the NPA. Respectfully submitted, AUDREY STRAUSS United States Attorney By: __/s Alison Moe / Maurene Comey Lara Pomerantz / Andrew Rohrbach Assistant United States Attorneys Southern District of New York Cc: All Counsel of Record (By ECF) DOJ-OGR-00003960