Search results for immunity co-conspirator
587 results for "immunity co-conspirator"
Page 1 of 24
DOJ-OGR-00002583.jpg
Legal
Case 1:20-cr-00330-AJN Document 142 Filed 02/04/21 Page 11 of 38
the NPA clearly intended to confer a benefit on any and all of Epstein’s potential co-conspirators
in explicitly giving them immunity. Under well-established principles of general contract law,
and particularly under...
DOJ-OGR-00003887.jpg
Legal
...Thus, a drafting prosecutor who intended to limit the co-conspirator immunity provision
to the SDFL clearly knew how to do so, using either of two methods employed elsewhere in the
document. The government could have used the same language in the co-conspirator immunity
provision that it used in...
DOJ-OGR-00003892.jpg
Legal
...Even the vague contours of the limitations on Epstein’s immunity, however, are absent
from the co-conspirator immunity provision. And while the government claims it would be
“exceedingly strange” to interpret the co-conspirator immunity provision more broadly than
Epstein’s immunity provision (Opp. 16), as explained in Part...
DOJ-OGR-00003884.jpg
Legal
...Maxwell as a “potential co-conspirator of
Epstein,” and the clear weight of authority vests her with standing to enforce the co-conspirator
immunity provision as a third-party beneficiary.
Il. The Co-Conspirator Immunity Provision is Not Limited to the SDFL.
Ms. Maxwell demonstrated in her opening brief that...
DOJ-OGR-00003881.jpg
Court Filing
...By agreeing to immunize “potential” co-conspirators “including but not limited
to” the four named individuals, the government explicitly agreed that the NPA would apply to
any others who might be charged as co-conspirators in the future—a class that includes Ms.
Maxwell.
The OPR Report itself re-affirms...
DOJ-OGR-00002603.jpg
FBI Report
...Finally, the government has characterized the NPA’s co-conspirator immunity provision
as “limited by its terms to conduct spanning from 2001 to 2007 . . . and to violations of statutes
not charged in this Indictment.” Reply Mem. at 5-6. This characterization is grossly inaccurate.
The co-conspirator immunity provision contains...
DOJ-OGR-00003878.jpg
Legal
...In suggesting that the parties to the NPA intended to immunize only the four individuals
specifically named in the co-conspirator immunity provision, the government flagrantly ignores
the express statement that immunity is “not limited to” those individuals. In arguing that the
provision binds only the United States Attorney’s...
DOJ-OGR-00003885.jpg
...Unlike Annabi and its progeny, the NPA here contains significant evidence of the parties’
intent to apply the co-conspirator immunity provision outside the SDFL. While the provision
granting immunity to Epstein himself expressly limits his immunity to prosecutions “in this
District,” NPA at 2, the co-conspirator immunity provision...
DOJ-OGR-00000191.tif
...The USAO’s Agreement Not to Prosecute
Unidentified “Potential Co-Conspirators”
Did Not Violate a Clear and Unambiguous
Department Policy
Several witnesses told OPR that they believed the
government’s agreement not to prosecute unidentified
“potential co-conspirators” amounted to “transactional
immunity,” which the witnesses asserted is prohibited
by Department...
DOJ-OGR-00003890.jpg
...The Co-Conspirator Immunity Provision Is Not Limited to the 2001-07 Time Period
or to Violations of Specific Statutes.
The government’s argument that the co-conspirator immunity provision does not apply to
the time period or the offenses charged in the Indictment consists of (1) asserting that the...
EFTA00028880.pdf
Legal
...Unlike Annabi and its progeny, the NPA here contains significant evidence of the parties'
intent to apply the co-conspirator immunity provision outside the SDFL. While the provision
granting immunity to Epstein himself expressly limits his immunity to prosecutions "in this
District," NPA at 2, the co-conspirator immunity provision...
DOJ-OGR-00003888.jpg
Legal
...Under such circumstances, any
competent defense lawyer would have sought the broadest immunity possible for Epstein’s
potential co-conspirators, in order to limit the potential that he would become embroiled in the
prosecution of a third party—and in fact, Epstein did not agree to the NPA until the...
DOJ-OGR-00021757.jpg
Court Filing
...And, of course, a broader immunity deal for co-conspirators accomplished what
Epstein may not have been able to obtain 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...
DOJ-OGR-00002605.jpg
...Maxwell is a third-party beneficiary of the NPA
with standing to enforce the co-conspirator immunity provision. The co-conspirator immunity
provision binds all USAQOs and is not limited to the SDFL. It imposes no limitation on the scope
of covered conduct—and even if it did, the conduct...
DOJ-OGR-00003875.jpg
...The Co-Conspirator Immunity Provision is Not Limited to the SDFL. ..............0..ee 7
I. The Co-Conspirator Immunity Provision Is Not Limited to the 2001-07 Time
Period or to Violations of Specific Statutes. 0.0.0.0... ccc cece cece ceseceeeeeceeecnseeeseeeseeessenenseens 13
IV. Inthe Alternative, the Court Should...
DOJ-OGR-00003880.jpg
Legal
...Maxwell’s status as an alleged co-
conspirator of Epstein is somehow insufficient for an NPA that immunizes “potential co-
conspirators of Epstein” to apply to her. The government claims that there is “no evidence that
the parties intended to confer a benefit on her in particular.” Opp. 20. In...
DOJ-OGR-00003886.jpg
Legal
...Here, the NPA contains only two immunity provisions: one for Epstein, which
is expressly limited to the SDFL, and one for co-conspirators, which is not. The government’s
claim that this distinction reflects an intent to apply the limitation universally strains credulity.°
It is simply inconceivable that any reasonable...
DOJ-OGR-00003893.jpg
...For
example, to the extent that the scope of offenses for which the NPA immunized Epstein is
deemed relevant to the co-conspirator immunity provision, that scope cannot be delineated
without determining precisely which offenses might have arisen out of the investigation by the
FBI and the USAO-SDFL (including...
DOJ-OGR-00002595.jpg
Legal
Case 1:20-cr-00330-AJN Document 142 Filed 02/04/21 Page 23 of 38
parties to the NPA clearly intended to confer immunity on potential co-conspirators of Epstein,
such as Ms. Maxwell.
B. The NPA’s Prohibition on Prosecution of Potential Co-Conspirators Is Not
Limited to...
DOJ-OGR-00002977.jpg
Legal
Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 43 of 239
offenses enumerated in the NPA.’ While these same limitations are not repeated in the provision
that purports to immunize “co-conspirators,” these limitations apply with equal force across the
agreement, because that is the...
DOJ-OGR-00002608.jpg
Case 1:20-cr-00330-AJN Document 142 Filed 02/04/21 Page 36 of 38
executive summary does not discuss the co-conspirator immunity provision. It has been reported
in the media, however, that the full OPR report states that the Assistant United States Attorney
who negotiated the deal...
Giuffre_Maxwell_Batch1_p00128.png
Court Filing
...Indeed, Dershowitz helped negotiate an agreement that provided immunity from federal
prosecution in the Southern District of Florida not only to Epstein, but also to “any potential co-
conspirators of Epstein.” NPA at 5. Thus, Dershowitz helped negotiate an agreement with a
provision that provided protection for himself against criminal...
Giuffre_Maxwell_Batch2_p00097.png
Court Filing
...Indeed, Dershowitz helped negotiate an agreement that provided immunity from federal
prosecution in the Southern District of Florida not only to Epstein, but also to “any potential co-
conspirators of Epstein.” NPA at 5. Thus, Dershowitz helped negotiate an agreement with a
provision that provided protection for himself against criminal...
DOJ-OGR-00002591.jpg
Legal
Case 1:20-cr-00330-AJN Document 142 Filed 02/04/21 Page 19 of 38
that the facts and circumstances of the negotiation of the NPA are consistent with the parties’
intent to provide potential co-conspirators with the broadest immunity possible. Even if there
were ambiguity, which there...
DocumentCloud_Epstein_Docs_p00154.png
Court Filing
...Indeed, Dershowitz helped negotiate an agreement that provided immunity from federal
prosecution in the Southern District of Florida not only to Epstein, but also to “any potential co-
conspirators of Epstein.” NPA at 5. Thus, Dershowitz helped negotiate an agreement with a
provision that provided protection for himself against criminal...
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