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Maxwell’s motion was denied without a hearing.
Although the district court did not order discovery, it
did order the government to disclose to Maxwell
“any evidence supporting a defense under the NPA.”
The government responded that its review “did not
include search terms relevant to the NPA, and the
Government has not searched [the SDFL prosecutor’s]
inbox for communications relating to the NPA.” It also
stated that it did not intend to request or review
emails for any other USAO-SDFL or Department of
Justice attorney or otherwise perform a comprehen-
sive review of the internal e-mails of that prosecutor’s
office from its wholly separate investigation, including
by asking for any other material gathered by OPR as
part of its investigation.
The District Court found that Maxwell was a
beneficiary of the NPA and had standing to enforce its
terms, but concluded that the NPA did not grant
immunity to Maxwell in the Southern District of
New York. The case proceeded to trial and the jury
found Maxwell guilty on, inter alia, Count Six.
(App.39). She was sentenced to a 240 month (20 year)
term of incarceration. (App.41).
In 2019, the Department of Justice Office of Profes-
sional Responsibility (“OPR”) issued a lengthy report
on its extensive investigation into whether the federal
government’s 2007-08 resolution of the federal inves-
tigation of Epstein through the NPA was improper.
See Appendix F, Excerpts of the Department of Justice
Office of Professional Responsibility Report (App.93).
OPR’s investigation overlapped the prosecutions
of Epstein and Maxwell in the Southern District of
New York. The OPR report did not contain a finding
as to whether the co-conspirator clause of the NPA
bound districts other than the Southern District of
DOJ-OGR-00000047