EFTA00028880.pdf

"UNITED STATES OF AMERICA, v. GHISLAINE MAXWELL, Defendant."

"the government adds language to its Non-Prosecution Agreement (NPA) with Jeffrey Epstein that does not exist in the text"

"Christian R. Everdell... Attorneysfor Ghislaine Maxwell"

"Jeffrey S. Pagliuca... Attorneysfor Ghislaine Maxwell"

"Laura A. Menninger... Attorneysfor Ghislaine Maxwell"

"Bobbi C. Stemheim... Attorneysfor Ghislaine Maxwell"

"the parties expressly agreed to immunize any potential co-conspirators of Epstein"

"the FBI had interviewed Accuser-23 in 2006"

"the NPA had been widely criticized and scrutinized—are no more probative of the parties' intent in 2007 than the arguments made by the government here"

"According to the OPR Report, the line prosecutor stated that her office considered Epstein to be the top of the food chain"

"The NPA prescribes immunity for three categories of offenses: (i) the offenses set out on pages 1 and 2 of this Agreement"

"the co-conspirator immunity provision is not limited to the SDFL"

"joint investigation by the FBI and the USAO-SDFL... Epstein's background"

"the USAO-SDFL acknowledges that it interviewed Accuser-2 as part of its investigation"

"Ms. Maxwell's position that it prohibits the Mann Act charges against her"

"Ms. Maxwell does not assert that the NPA forecloses the perjury counts of the Indictment"

"entries reflecting the USAO-SDFL's consultation with the United States Attorney's Office for this District"

"Attorneys for Ghislaine Maxwell /s/ Christian R. Everdell"

"Jeffrey Epstein Confidante Ghislaine Maxwell Arrested on Sex Abuse Charges"

"Ghislaine Maxwell Arrested on Sex Abuse Charges"

"United States Attorney for this District has characterized as a prequel to offenses by Epstein"

"Christian R. Everdell COHEN & GRESSER LLP"

"Jeffrey S. Pagliuca... Attorneys for Ghislaine Maxwell"

"Laura A. Menninger... Attorneys for Ghislaine Maxwell"

"In arguing that the provision binds only the United States Attorney's Office for the Southern District of Florida (USAO-SDFL)"

"The OPR Report itself re-affirms the intent to extend immunity beyond those already identified as potential co-conspirators."

"the line prosecutor stated that her office 'considered Epstein to be the top of the food chain'"

"Ms. Maxwell's opening memorandum pointed out a second indication in the text of the NPA that the parties intended to apply the co-conspirator immunity"

"the USAO-SDFL obviously was aware of the allegations by Accuser-2 against Epstein as set forth in the Indictment, allegations that entail the 1994-97 "

"Jay Lelkowitz, the attorney who was principally involved in negotiating the language of the NPA on Epstein's behalf."

"the Superseding Indictment ('Indictment') contends that Ms. Maxwell was a co-conspirator of Epstein"

"The NPA's co-conspirator immunity provision forecloses 'any criminal charges against any potential co-conspirators of Epstein'... The phrase 'potentia"

"the Indictment itself establishes Ms. Maxwell as a potential co-conspirator of Epstein"

"an internal FBI document expressly names Ms. Maxwell as one of the individuals that the FBI's Miami office began investigating in 2006"

"Ms. Maxwell has third-party beneficiary status to enforce it"

"Ms. Maxwell's position that it prohibits the Mann Act charges against her is entirely reasonable"

"provision that immunizes potential co-conspirators of Epstein precludes their prosecution"

"investigation by the FBI and the USAO-SDFL (including the investigation into Epstein's background)"

"paid millions of dollars to accusers under the NPA's claims provision"

"Ms. Maxwell's opening brief ... the parties intended to limit Epstein's immunity, but not immunity for potential co-conspirators"

"Dienst, J., Valiquette, J., Winter, T., and Fitzpatrick, S. 'Jeffrey Epstein Confidante Ghislaine Maxwell Arrested on Sex Abuse Charges.' NBC New York"