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Case 22-1426, Document 109-1, 09/17/2024, 3634097, Page9 of 26
District Court imposed a $750,000 fine and a $300 mandatory special
assessment. This appeal followed.
II. DISCUSSION
1. The NPA Between Epstein and USAO-SDFL Did Not Bar
Maxwell’s Prosecution by USAO-SDNY
Maxwell sought dismissal of the charges in the Indictment on the
grounds that the NPA made between Epstein and USAO-SDFL
immunized her from prosecution on all counts as a third-party
beneficiary of the NPA. The District Court denied the motion, rejecting
Maxwell’s arguments. We agree. We review de novo the denial of a
motion to dismiss an indictment.’
In arguing that the NPA barred her prosecution by USAO-SDNY,
Maxwell cites the portion of the NPA in which “the United States [ ]
agree[d] that it w[ould] not institute any criminal charges against any
potential co-conspirators of Epstein.”!° We hold 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.g., United States v. Walters, 910 F.3d 11, 22 (2d Cir. 2018).
10 A-178.
9
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