...in the scope of immunity in a plea agreement are resolved in favor of the government, should be overruled or limited. BACKGROUND In September 2007, following state and federal investigations of alleged unlawful sexual activity, Jeffrey Epstein entered into a non-prosecution and plea agreement (“NPA”) with the United States...

...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...

...Moreover, the defendant’s reading of the NPA would require the Court to adopt the view that, where a plea agreement contains limiting terms, they must be repeated in every paragraph in order to have their natural and common-sense effects. Third, and perhaps most importantly, the defendant’s interpretation...

...more directly, namely co-conspirator immunity that would have insulated Epstein from criminal prosecutions elsewhere, where co-conspirators might otherwise have been forced to testify against him in return for leniency. There is no question that the NPA did not contain standard federal plea agreement language. SA103 fn.120. The...

...us to determine the existence, scope and effect of an immunity agreement”); Annabi, 771 F.2d at 671 (noting that district court heard testimony from two prosecutors, defendant, and defendant’s counsel as of the time the plea agreement was reached); United States v. Papa, 533 F.2d 815, 820...

...co-conspirator immunity provision to the SDFL. Moreover, “‘a promise to bind other districts can be inferred from the negotiations between defendant and prosecutor.” Russo, 801 F.2d at 626. One relevant factor in this analysis is the extent to which the USAO negotiating the plea agreement acted on its...

...The parties anticipated that the USAO would send Epstein’s attorneys a list of victims when Epstein fulfilled his obligation under the NPA to enter his state guilty pleas. 182 The final NPA is attached as Exhibit 3 to this Report. 133 On October 3, 2007, the Miami FBI media...

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...The parties anticipated that the USAO would send Epstein’s attorneys a list of victims when Epstein fulfilled his obligation under the NPA to enter his state guilty pleas. 12 The final NPA is attached as Exhibit 3 to this Report. 133 On October 3, 2007, the Miami FBI media...

...The parties anticipated that the USAO would send Epstein’s attorneys a list of victims when Epstein fulfilled his obligation under the NPA to enter his state guilty pleas. 12 The final NPA is attached as Exhibit 3 to this Report. 133 On October 3, 2007, the Miami FBI media...

...This result is consistent with the terms and the drafting history of the NPA. As noted in our previous motion, the use of the phrase “the United States” in the co-conspirator immunity provision of the NPA stands in stark contrast to Epstein’s immunity provision, which is expressly limited...

...The parties anticipated that the USAO would send Epstein’s attorneys a list of victims when Epstein fulfilled his obligation under the NPA to enter his state guilty pleas. Ie The final NPA is attached as Exhibit 3 to this Report. ioe On October 3, 2007, the Miami FBI media...

...I’ve never heard of anything of the sort... . [W]e go to great lengths in most plea agreements to go and not give immunity for example, for crimes of violence, . . . for anything beyond the specific offense which was being investigated during the specific time periods and for you and...

...I’ve never heard of anything of the sort. . .. [W]e go to great lengths in most plea agreements to go and not give immunity for example, for crimes of violence, . . . for anything beyond the specific offense which was being investigated during the specific time periods and for you and...

...I’ve never heard of anything of the sort. . . . [W]e go to great lengths in most plea agreements to go and not give immunity for example, for crimes of violence, . . . for anything beyond the specific offense which was being investigated during the specific time periods and for you and...

...I’ve never heard of anything of the sort... . . [W]e go to great lengths in most plea agreements to go and not give immunity for example, for crimes of violence, . . . for anything beyond the specific offense which was being investigated during the specific time periods and for you and...

...importance” because “the scope of a plea or similar agreement is under the control of the parties to the agreement.” Opp.14. This turns a blind eye to the problem. The very premise of Petitioner’s argument is that the parties to the NPA did seek to control the scope...

...as the government contends, “extremely strange” for Epstein to have secured broader immunity for his co-conspirators than he was getting for himself, Opp.9. Defendants always try to get as many benefits in a plea agreement as they can — here, Epstein was able to obtain an additional benefit for...

...As in Cosby, the government is trying to renege on its agreement and prosecute Ms. Maxwell over 25 years later for the exact same offenses for which she was granted immunity in the NPA. Indeed, the principle applies even more strongly in Ms. Maxwell’s case because the NPA was...

...Epstein for the very same conduct for which he was immunized, albeit in a second jurisdiction, despite the protections conferred upon him under the NPA. Mr. Epstein’s continuous presence in the United States even while he had a residence out of the country reinforces the point. As detailed below...

...the NPA, Ms. Maxwell cannot be prosecuted for those crimes either. See United States v. Cambindo Valencia, 609 F.2d 603, 637 (2d Cir. 1979) (“If [the defendant’s] earlier plea is found to bar prosecution of him because of double jeopardy, since concededly the plea included an agreement to...