4 presumably in an effort to circumvent the time frame covered by the NPA. On March 29, 2021, the government added in its superseding indictment an alleged sex trafficking offense (Count Six) related to conduct and offenses wholly within the timeframe and subject matter cov- ered by the NPA. The sole complainant to the allega- tions in Count Six had been presented to the Grand Jury in the Southern District 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 dropped pursuant to the terms of the NPA. Thus, the complainant’s allegations were part of those for which Epstein pleaded guilty and paid restitution, in exchange (in part) for his co- conspirators to be immune from prosecution. Maxwell moved to dismiss based on the express plain language of the NPA which precluded charges by the United States against any co-conspirator of Epstein: In consideration of Epstein’s agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all the terms and condi- tions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to [four named individuals]... (App.30-31) (emphasis added). Alternatively, Maxwell sought discovery and a hearing to establish affirma- tive evidence of intent to bind the United States as a whole. DOJ-OGR-00000046