74 results for "plea agreement NPA immunity"
Page 1 of 3
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...Maxwell was a co-conspirator of Epstein, she falls well within the protection provided by
the NPA.
Second, the government claims that the co-conspirator immunity provision applies only
to prosecutions in the SDFL. But the NPA was a highly negotiated, non-standard agreement. It
is not the standard agreement...
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...The government argues that application of the co-conspirator immunity provision beyond
the SDFL is barred by United States v. Annabi, 771 F.2d 670 (2d Cir. 1985) (per curiam), in
which the Second Circuit stated that “[a] plea agreement binds only the office of the United
States Attorney for...
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...2014) (rejecting defense argument that
plea agreement barred prosecution for subsequent bail jumping, and, in interpreting the
° By its plain terms, the NPA did not immunize Epstein for his “background,” as the defendant
suggests. (Def. Mot. 1 at 27). This provision refers, instead, to a list of “offenses” under federal...
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...This suggestion is
unsupported by any authority, and the government offers no explanation why its promises of third-party immunity
should be held to a lower standard than other provisions of a plea agreement.
11
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...Thus, not only is Annabi readily distinguishable from this case, but it explicitly
recognizes that plea agreements can be binding in other jurisdictions, and that a plea agreement
that has the “affirmative appearance” of broad applicability—as the NPA does here—will be
enforced according to its terms. The Second...
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...plea bargain of another). The NPA, together with the Justice Office
of Professional Responsibility (hereinafter, “OPR”), establish that the immunity
given Ms. Maxwell precluded the United States from prosecuting her in the Southern
District of New York or elsewhere.
A. Ms. Maxwell has Standing to Enforce the Non-Prosecution Agreement...
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...Maxwell should be permitted to take discovery regarding the intent of the parties to the NPA
with respect to the co-conspirator immunity provision, and the Court should hold an evidentiary
hearing in aid of this Motion.
I. The Indictment Should Be Dismissed for Breach of the NPA.
“Plea agreements...
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...The government’s inability to provide a reasonable alternative explanation for its use of
different language in the different provisions of the NPA removes any potential ambiguity from
the co-conspirator immunity provision. But to the extent there remains any doubt, plea
agreements must be construed “strictly against the government...
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...These are plainly not the same crimes, and a plea agreement cannot be read to immunize
unnamed crimes in the general ballpark of the specific crimes enumerated in the agreement. The
defendant cites no authority that supports her overbroad reading of this provision.
Accordingly, the NPA immunizes only certain, specific...
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...The
parties certainly expected that the law of the Eleventh
Circuit, where the NPA was entered into, would apply.
Nevertheless, quoting Annabi, the Second Circuit
held that “[a] plea agreement binds only the office of
the United States Attorney for the district in which the
plea is entered unless it...
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Case 22-1426, Document 59, 02/28/2023, 3475902, Page45 of 113
(“[D]ue process requires that the government adhere to the terms of any plea
bargain or immunity agreement it makes”); Harvey, 791 F.2d at 300
(“[C]onstitutional and supervisory concerns require holding the Government to a
greater...
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...immunity provided to the co-conspira-
tors. The co-conspirator clause was subsequently
severed from Epstein’s restrictive language and moved
geographically below the 2255 as a consequence. The
NPA was identified as a hybrid agreement where one
section referred to the district-specific language and
finding that the NPA...
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...parties
must have intended to limit co-conspirator immunity to specific statutory offenses committed
between 2001 and 2007, even though—again—no such limitation appears in the text of the co-
conspirator immunity provision.
Notwithstanding the bedrock principle that plea agreements are construed strictly against
the government, the government asks...
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...The NPA makes clear that its identification of
four “potential co-conspirators” by name—Kellen, Ross, Groff, and Marcinkova—was not
intended to limit the immunity provision to those four individuals (“but not limited to”), and we
ARGUMENT
The Supreme Court has long recognized the enforceability of plea agreements. “[W...
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...district in which the plea is entered unless it affirmatively appears that the
agreement contemplates a broader restriction.” is inapplicable here. Jd. at 672.
But even if the immunity provision was ambiguous, which it is not, Annabi should
not apply here because (1) the NPA originated in a district outside...
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...Nor is it clear that Epstein could have
withdrawn his plea had the NPA been breached while he was serving his sentence, given that the
NPA—unlike a plea agreement—was not submitted to the state court in which Epstein entered
his plea.
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...Annabi should be overruled because
its canon of construction for interpreting plea agreements conflicts with the
authoritative decisions of other circuits that have addressed the issue and stands in
tension with what the Supreme Court and this Circuit have written about plea and
immunity agreements.
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...As a third party immunized by the NPA, Ms. Maxwell has third-party beneficiary status
to enforce it. While the government cites United States vy. Feldman, 939 F.3d 182 (2d Cir. 2019),
for the proposition that “plea agreements differ from commercial contracts” (Opp. 18), the
“differ[ence]” to which...
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...The NPA stands in contrast to the standard non-prosecution agreement used in this
District and other jurisdictions, which typically is explicitly limited to prohibit only prosecutions
by the USAO for the district in which the plea is entered. The standard agreement in this District
contains the following language: “It...
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...that “[a] plea agreement binds only the office of the
United States Attorney for the district in which the plea is entered unless it affirmatively appears
that the agreement contemplates a broader restriction.” (Apr. Op. at 4). The defendant now moves
to dismiss again based on the NPA. The bulk...
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...In addition,
the use of the term “the United States” in the co-conspirator immunity provision contrasts with
the use elsewhere in the agreement of various terms that refer more specifically to the USAO-
SDFL. When the government wanted a provision of the NPA to refer only to the USAO...
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...In any event, even if third party beneficiaries had standing to enforce federal plea
agreements, the defendant has failed to establish that she is a third party beneficiary of the NPA.
In order to establish that she has enforceable rights under the NPA, the defendant must show that
19
DOJ...
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...The Court,
quoting Annabi held, that “[a] plea agreement binds only the office of the United
States Attorney for the district in which the plea is entered unless it affirmatively
appears that the agreement contemplates a broader restriction.” /d at 263. The Court
applied Annabi even though the NPA had...
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...that the NPA with
USAO-SDFL does not bind USAO-SDNY.
It is well established in our Circuit that “[a] plea
agreement binds only the office of the United States
Attorney for the district in which the plea is entered
unless it affirmatively appears that the agreement
contemplates a broader...
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...STATEMENT OF FACTS
On or about September 24, 2007, Epstein and his counsel entered into the NPA with
Acosta, the United States Attorney for the SDFL.* While USAOs in a number of judicial
districts, including this District, typically use a standard template for plea agreements and other
non-prosecution agreements...
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