that was being used by Defendant JeffreyEpstein ...
guests of Mr. Epstein, including Defendant
DOJ-OGR-00000003.jpg.pdf
On appeal, the questions presented are whether (1) JeffreyEpstein's Non-Prosecution Agreement with the United States Attorney's Office for the
DOJ-OGR-00000005.jpg.pdf
appeal, the questions presented are (1) whether JeffreyEpstein's Non-Prosecution ...
We hold that Epstein's NPA did not bar Maxwell's prosecution
DOJ-OGR-00000006.jpg.pdf
Ghislaine Maxwell coordinated, facilitated, and contributed to JeffreyEpstein's sexual abuse of ...
to engage in sexual activity with Epstein by building
DOJ-OGR-00000007.jpg.pdf
In consideration of Epstein's agreement, the NPA states that "the United States also agrees that it will not institute any criminal charges against any
DOJ-OGR-00000010.jpg.pdf
DISCUSSION 1. The NPA Between Epstein and USAO-SDFL Did Not Bar Maxwell's Prosecution by USAO-SDNY Maxwell sought dismissal of the
DOJ-OGR-00000011.jpg.pdf
The NPA makes clear that if Epstein fulfilled his obligations, he would no longer face charges in that district: After timely fulfilling all the terms and
DOJ-OGR-00000012.jpg.pdf
Page11 of 26 offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any
DOJ-OGR-00000013.jpg.pdf
Attorney General of the Criminal Division.15 Nothing before us indicates that USAO-SDNY had been notified or had approved of Epstein's NPA with
DOJ-OGR-00000024.jpg.pdf
In service of this scheme, the Indictment alleged that Epstein and the Defendant groomed the victims for abuse at various properties and in various
DOJ-OGR-00000025.jpg.pdf
enhancement, the District Court found that Maxwell "supervised" Sarah Kellen in part because of testimony from two of Epstein's pilots who testified
DOJ-OGR-00000027.jpg.pdf
Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page26 of 26 1. The District Court did not err in holding that Epstein's NPA with USAO
DOJ-OGR-00000043.tif.pdf
prosecution agree- ment promising in plain language that the United States would not prosecute any co-conspirator of JeffreyEpstein, the United
DOJ-OGR-00000044.tif.pdf
least four other circuits (plus the Eleventh, where Epstein's agreement was ...
the United States that included Main Justice, JeffreyEpstein entered into
DOJ-OGR-00000045.tif.pdf
limitation on where in the United States it could be enforced, was actively negotiated at the same time as the terms of Epstein's protection for his
DOJ-OGR-00000046.tif.pdf
of Florida and her evidence formed the basis of a conspiracy charge and a sex trafficking charge in a proposed indictment of Epstein that was
DOJ-OGR-00000047.tif.pdf
report on its extensive investigation into whether the federal government's 2007-08 resolution of the federal inves- tigation of Epstein through the
DOJ-OGR-00000055.tif.pdf
of the United States binds the entire United States unless it says so affirmatively (as, in fact, the agreement at issue here did for Epstein himself, but
DOJ-OGR-00000057.tif.pdf
During the course of the NPA negotiations, the co-conspirator immunity clause was severed from Epstein's immunity clause and moved
DOJ-OGR-00000059.tif.pdf
it intended to preclude co-conspirator prosecution outside the Southern District of Florida, it is not silent as to whether Epstein's future prosecution is
DOJ-OGR-00000060.tif.pdf
the agreement. The NPA states that "Epstein seeks to resolve globally his state and federal criminal liability." (App.25). It
DOJ-OGR-00000061.tif.pdf
In this case, the government made a written promise that Epstein's co-conspirators would not be prosecuted by the United States, and Maxwell was
DOJ-OGR-00000065.tif.pdf
On appeal, the questions presented are whether (1) JeffreyEpstein's Non-Prosecution Agreement with the United States Attorney's Office for the
DOJ-OGR-00000066.tif.pdf
On appeal, the questions presented are (1) whether JeffreyEpstein's Non-Prosecution Agreement (“NPA”) with the United States Attorney's Office
DOJ-OGR-00000067.tif.pdf
Ghislaine Maxwell coordinated, facilitated, and contributed to JeffreyEpstein's sexual abuse of ...
to engage in sexual activity with Epstein by building
DOJ-OGR-00000068.tif.pdf
5a 1. Epstein's Non-Prosecution Agreement In September 2007, following state and federal investigations into allegations of Epstein's unlawful
DOJ-OGR-00000071.tif.pdf
II. DISCUSSION 8a 1. The NPA Between Epstein and USAO-SDFL Did Not Bar Maxwell's Prosecution by USAO-SDNY Maxwell sought dismissal of
DOJ-OGR-00000072.tif.pdf
The NPA makes clear that if Epstein fulfilled his obligations, he would no longer face charges in that district: After timely fulfilling all the terms and
DOJ-OGR-00000073.tif.pdf
15 Nothing before us indicates that USAO-SDNY had been notified or had approved of Epstein's NPA with USAO-SDFL and intended to be bound
DOJ-OGR-00000084.tif.pdf
In service of this scheme, the Indictment alleged that Epstein and the Defendant groomed the victims for abuse at various properties and in various
DOJ-OGR-00000085.tif.pdf
enhancement, the District Court found that Maxwell "supervised" Sarah Kellen in part because of testimony from two of Epstein's pilots who testified
DOJ-OGR-00000086.tif.pdf
CONCLUSION To summarize, we hold as follows: 1. The District Court did not err in holding that Epstein's NPA with USAO-SDFL did not bar
DOJ-OGR-00000087.tif.pdf
hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of JeffreyEpstein (hereinafter "Epstein"); IT APPEARING
DOJ-OGR-00000088.tif.pdf
as defined in 18 USC § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to
DOJ-OGR-00000089.tif.pdf
prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the
DOJ-OGR-00000090.tif.pdf
Terms of the Agreement: 27a 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th
DOJ-OGR-00000091.tif.pdf
28a 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any
DOJ-OGR-00000092.tif.pdf
29a waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified
DOJ-OGR-00000093.tif.pdf
12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other
DOJ-OGR-00000094.tif.pdf
31a described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not
DOJ-OGR-00000095.tif.pdf
Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein
ATTORNEY FOR JEFFREYEPSTEIN By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him
DOJ-OGR-00000098.tif.pdf
35a IN RE: INVESTIGATION OF JEFFREYEPSTEIN ADDENDUM TO THE NON ...
subject to the good faith approval of Epstein's counsel, selecting
DOJ-OGR-00000099.tif.pdf
Epstein hereby, states that he understands the clarifications to the Non ...
US ATTORNEY Dated: 10/29/07 /s/JeffreyEpstein Dated: JEFFREY
DOJ-OGR-00000100.tif.pdf
ATTORNEY FOR JEFFREYEPSTEIN By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him
DOJ-OGR-00000101.tif.pdf
Dated: 38a By: /s/ [Illegible] for A. MARIE VILLAFAÑA ASSISTANT US ATTORNEY JEFFREYEPSTEIN Dated: GERALD LEFCOURT, ESQ
DOJ-OGR-00000115.tif.pdf
June 2020, a grand jury returned a six-count indictment charging Ghislaine Maxwell with facilitating the late financier JeffreyEpstein's sexual abuse
DOJ-OGR-00000116.tif.pdf
reasoning on the pages that follow: Maxwell moves to dismiss all counts based on a non-prosecution agreement between JeffreyEpstein and the
DOJ-OGR-00000117.tif.pdf
I. JeffreyEpstein's non-prosecution agreement does not bar this prosecution In September 2007, under investigation by both federal and state
DOJ-OGR-00000118.tif.pdf
142 at 1-2. Epstein agreed in the NPA to plead guilty in Florida ...
prosecution, because she is charged as a co-conspirator of JeffreyEpstein and the
DOJ-OGR-00000120.tif.pdf
reads as follows: "the United States also agrees that it will not institute any crimi- nal charges against any potential co-conspirators of Epstein." Dkt
DOJ-OGR-00000121.tif.pdf
The OPR report reflects that the Office of the Deputy Attorney General reviewed the NPA, but only after it was signed when Epstein tried to get out of
DOJ-OGR-00000122.tif.pdf
The NPA bars prosecution, following Epstein's fulfillment of its conditions, only for three specific categories of offenses: (1) "the offenses set out on
DOJ-OGR-00000123.tif.pdf
60a Epstein from 2001 to 2007, other offenses that were the subject of the FBI and US Attorney's Office investigation, and any offenses that arose
DOJ-OGR-00000124.tif.pdf
history. No record evidence suggests that prosecutors promised Epstein anything beyond what was spelled out in writing
DOJ-OGR-00000125.tif.pdf
The indictment charges that Epstein sexually abused each of the alleged minor victims and that Maxwell allegedly enticed them to travel or DOJ
DOJ-OGR-00000134.tif.pdf
Maxwell first points to several potential witnesses who have passed away. These include JeffreyEpstein DOJ-OGR-00000134
DOJ-OGR-00000135.tif.pdf
one individual Maxwell believes worked with one of the alleged victims in this case, and a police detective who investigated Epstein in Florida
DOJ-OGR-00000142.tif.pdf
In particular, a joint trial would potentially expose the jury to a wider swath of information regarding civil litigation against Epstein that is remote from
DOJ-OGR-00000145.tif.pdf
The indictment does not allege that the alleged victim traveled in interstate commerce or was underage during sexual encounters with Epstein
DOJ-OGR-00000153.tif.pdf
Conclusion The Court DENIES Maxwell's motions to dismiss the indictment as barred by Epstein's non-prosecution agreement (Dkt. No
DOJ-OGR-00000156.tif.pdf
a federal investigation into the criminal conduct of JeffreyEpstein by negotiating ...
end a federal investigation into allegations that Epstein engaged in
DOJ-OGR-00000157.tif.pdf
Police Department (PBPD) began investigating JeffreyEpstein in 2005, after the parents of a 14-year-old girl complained that Epstein had paid her
DOJ-OGR-00000158.tif.pdf
95a charges against Epstein ...
The NPA also included provisions designed to facilitate the victims' recovery of monetary damages from Epstein
DOJ-OGR-00000159.tif.pdf
The signing of the NPA did not immediately lead to Epstein's guilty plea and incarceration, however. For the next nine months
DOJ-OGR-00000160.tif.pdf
government violated the Crime Victims' Rights Act (CVRA), 18 USC § 3771, when it resolved the federal investiga- tion of Epstein without consulting
DOJ-OGR-00000161.tif.pdf
By mid-2010, Epstein reportedly settled multiple civil lawsuits brought against him by victims seeking monetary damages, including the two
DOJ-OGR-00000162.tif.pdf
investigative report about state and federal criminal investigations initiated more than 12 years earlier into allegations that Epstein had coerced girls
DOJ-OGR-00000163.tif.pdf
The indictment alleged that from 2002 until 2005, Epstein Covered For A ...
issue call for investiga- tion of serial sex abuser JeffreyEpstein's plea deal
DOJ-OGR-00000164.tif.pdf
Epstein was arrested on the charges on July 6, 2019 ...
On August 10, 2019, Epstein was found hanging in his cell and was later pronounced dead
DOJ-OGR-00000165.tif.pdf
102a City Chief Medical Examiner concluded that Epstein had committed suicide ...
The court dismissed the Epstein indictment on August 29, 2019
DOJ-OGR-00000166.tif.pdf
OPR had opened an investigation into the matter and would review the USAO's decision to resolve the federal investigation of Epstein through the
DOJ-OGR-00000167.tif.pdf
OPR also collected and reviewed materials relating to the state investigation and prosecution of Epstein. OPR also examined
DOJ-OGR-00000168.tif.pdf
OPR requested that all of the subjects provide written responses detailing their involvement in the federal investigation of Epstein, the drafting and
DOJ-OGR-00000169.tif.pdf
conduct, OPR's inves- tigation focused on the actions of the subject attorneys rather than on determining the full scope of Epstein's and his
DOJ-OGR-00000170.tif.pdf
112 At this 8 OPR was cognizant that Acosta and the three managers all left the USAO during, or not long after resolution of, the Epstein case, while
DOJ-OGR-00000172.tif.pdf
109a allegedly facilitated Epstein in his criminal scheme. The defense sought a government promise not to prosecute them
DOJ-OGR-00000173.tif.pdf
Villafaña explained: As to timing, it is my understanding that Mr. Epstein needs to be sentenced in the state after he is sentenced in the federal case
DOJ-OGR-00000174.tif.pdf
information about that conduct and inquire why it had not been charged, and if the government provided such information, Epstein's attorneys might
DOJ-OGR-00000176.tif.pdf
113a Lefkowitz, who advised that Epstein was leaning towards a plea to state charges under a non-prosecu- tion agreement, and she would be
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