74 results for "plea agreement NPA immunity"
Page 2 of 3
DOJ-OGR-00000071.tif
...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...
DOJ-OGR-00021856.jpg
...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
9 See, e...
DOJ-OGR-00000010.jpg
...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
9 See, e...
DOJ-OGR-00014859.jpg
...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
9 See, e...
DOJ-OGR-00021803.jpg
...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
9 See, e...
DOJ-OGR-00021886.jpg
...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
9 See, e...
DOJ-OGR-00002587.jpg
...Thus, the NPA limits the benefit to Epstein to immunity “in this District.”
Next, the NPA sets forth 13 provisions labeled “Terms of the Agreement.” These include
the details of Epstein’s guilty plea and proposed sentence in the Florida state court, as well as
Epstein’s agreement to waive...
DOJ-OGR-00021075.jpg
...On September 24, 2007, the Government and Epstein entered into a
nonprosecution agreement. The NPA immunized Maxwell as a “potential co-
conspirator.”
A. TheNPA
The NPA begins with several factual recitals. The recitals state, among other
things, that (1) the “United States Attorney’s Office” and the Federal Bureau of...
DOJ-OGR-00021758.jpg
Case 22-1426, Document 87, 07/27/2023, 3548202, Page16 of 35
agreement. SA100, SA105 fn.122. However, that language, limiting co-conspirator
immunity to the Southern District of Florida, was removed from the final signed
NPA. SA166-167fn.237, fn.239, & fn.240. The intentional excision of this limiting...
DOJ-OGR-00002607.jpg
...course of the plea negotiations,” and that the defendant’s
evidence was “sufficient in these circumstances” to require the district court to take such action.
Id. at 190.
Unlike the agreement in Fe/dman, the NPA here contains no integration clause, and the
co-conspirator immunity provision, on its face...
DOJ-OGR-00004716.jpg
...Like Annabi itself, those cases evaluate the text and history of plea
agreements to determine the scope of the immunity provided by those agreements, including by
application of the affirmative appearance rule. See, e.g., United States v. Prisco, 391 F. App’x
920, 921 (2d Cir. 2010) (summary order...
DOJ-OGR-00003880.jpg
...2012), where a corporation had entered into a plea agreement that immunized its
employees, the court held that one of those employees had standing to enforce the agreement as a
third-party beneficiary by virtue of his employment; the court did not require a showing that the
parties thought about...
DOJ-OGR-00000254.tif
...Accordingly, Petitioner can rely on the immunity
clause in the NPA. See, e.g., United States v. Florida
West Intl Airways, 853 F.Supp.2d 1209, 1228 (S.D. Fla.
2012) (dismissing indictment against employee who
fell within the class of employees described in plea
agreement).
The government’s suggestion...
DOJ-OGR-00004717.jpg
...a plea agreement does not bind another district unless it affirmatively appears
otherwise. Under this clear rule, this Court has already held that the NPA does not bind this
District. To be sure, if the NPA applied in this District—and if Maxwell could invoke it—the
> In her motion...
DOJ-OGR-00002968.jpg
...Second, the defendant’s argument acknowledges that the plain terms of the NPA
immunized Epstein from prosecution in “this District,” that is, the Southern District of Florida.
See NPA at 2 (“After timely fulfilling all the terms and conditions of the Agreement, no
DOJ-OGR- 00002968
DOJ-OGR-00002602.jpg
...the government, in
drafting the agreement, to ensure that such limitations were included. Having failed to do so, the
government may not now ask this Court to read limitations into the co-conspirator immunity
provision that it did not include at the time the NPA was negotiated.
25
DOJ-OGR...
DOJ-OGR-00021681.jpg
...expressly sought and obtained broader immunity
for his co-conspirators than he did for himself. (See
also SA107 n.125 (observing that a supervisor at the
USAO-SDFL “pointed out that the NPA was not a
3 Maxwell also relies on draft plea agreements
which “expressly defined the term ‘United...
DOJ-OGR-00003886.jpg
...at 8-9 (citing examples of NPA’s explicit references to USAO-SDFL). While the
government is correct that the use of the term “the United States” in a plea agreement, without
more, is insufficient under Annabi and its progeny to demonstrate an intent to bind other
districts, the NPA...
DOJ-OGR-00021678.jpg
...By its terms, the NPA only applies to prosecutions
brought by the USAO-SDFL. The agreement was
signed “on the authority of R. Alexander Acosta,
United States Attorney for the Southern District of
Florida.” (A.175). And in exchange for Epstein’s plea in
state court, the USAO-SDFL agreed...
DOJ-OGR-00000123.tif
...an eviden-
tiary hearing as to the parties’ intent in the NPA. The
Court finds no basis to do so.
The cases Maxwell cites where courts held hearings
on the scope of a plea agreement mostly involved oral
agreements where there was no written record of the
full set of...
DOJ-OGR-00000058.tif
16
the other was the more expansive global federal part
of the NPA.
Third, as every circuit recognizes (including the
Second and Seventh), it is a well- settled proposition
that ambiguities in a plea agreement are to be resolved
against the government. See, e.g., In re Altro, 180 F...
DOJ-OGR-00004284.jpg
...Here, the co-conspirator provision of the NPA provides that if Epstein
abides by the terms of the agreement, “the United States” will not institute any criminal charges
“against any potential co-conspirators of Epstein,” which immunizes Ms. Maxwell for the
offenses covered by the NPA. (Ex. B at 5...
DOJ-OGR-00023175.tif
...agreements not involving cooperation, OPR examined Departmental policies relating
to plea offers to assess the propriety of the NPA’s charge and sentence requirements. OPR also
examined the provision declining to prosecute Epstein’s unidentified “potential co-conspirators,”
to determine whether that provision violated Departmental policy regarding grants of immunity...
DOJ-OGR-00003339.jpg
...agreements not involving cooperation, OPR examined Departmental policies relating
to plea offers to assess the propriety of the NPA’s charge and sentence requirements. OPR also
examined the provision declining to prosecute Epstein’s unidentified “potential co-conspirators,”
to determine whether that provision violated Departmental policy regarding grants of immunity...
DOJ-OGR-00004461.jpg
...agreements not involving cooperation, OPR examined Departmental policies relating
to plea offers to assess the propriety of the NPA’s charge and sentence requirements. OPR also
examined the provision declining to prosecute Epstein’s unidentified “potential co-conspirators,”
to determine whether that provision violated Departmental policy regarding grants of immunity...
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