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be NO Ww ws Oo OY ~] oO Ke) a oO he be No (ee) = Hs Oo _ OY a ~] a oO a Ke} 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 549-1 LB1TMAX1 New York. Similarly, Filed 12/17/21 settlement or financial incent not received under the NPA, so that would be relevant that th respect to the NPA. th Moreover, even if ive testi I don't fies, see any theory of Page 13 of 24 25 no matter how a witness who has a those benefits are bias e defense has articulated with relevance, it would r wer Ss be substantially outweighed by prejudice from introducing the a significant risk of NPA. instructed on what th need to have its terms explain ed. om non-prosecution agreement is, In particular, NPA, 403 The jury would need to be and would of course, is controversial and complicated and has a complicated background. There's a risk of undue delay, juror confusion, and improper suggestions of sympathy or nullification made to the jury on the basis of the NPA. I will be clear, it's not clear to me the NPA could never be admitted, but the rationale now provided by the defense in its papers does not bal 401 and 403 facto ancing of Fourth guidance: are likely not relevant and th government didn't indict Ms. investigation, and when it indicted Jeffrey justify admission based on the rs. erefore inadmissible. The government's charging decisions The Maxwell by the end of the government didn't indict Ms. Epstein originally in New the Florida Maxwell York. As the Second Circuit stated in White, charging decisions can be SOUTHERN D STR CT REPORT ERS, (212) 805-0300 PG ew DOJ-OGR-00008407