Extracted Text
9a
conclude that the NPA did not bar Maxwell’s prosecu-
tion by USAO-SDNY. There is nothing in the NPA that
affirmatively shows that the NPA was intended to bind
multiple districts. Instead, where the NPA is not
silent, the agreement’s scope is expressly limited to the
Southern District of Florida. 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
conditions of the Agreement, no prosecution
for the offenses set out on pages 1 and 2 of this
Agreement, nor any other offenses that have
been the subject of the joint investigation by
the Federal Bureau of Investigation and the
United States Attorney’s Office, nor any
offenses that arose from the Federal Grand
Jury investigation will be instituted in this
District, and the charges against Epstein if
any, will be dismissed."
entered into in the District of New Jersey); United States v.
Gonzalez, 93 F. App’x 268, 270 (2d Cir. 2004) (summary order)
(same, to agreement entered into in the District of New Mexico).
Nor does Annabi, as Maxwell contends, apply only where subsequent
charges are "sufficiently distinct" from charges covered by an
earlier agreement. In Annabi, this Court rejected an interpreta-
tion of a prior plea agreement that rested on the Double Jeopardy
Clause, reasoning that even if the Double Jeopardy Clause
applied, the subsequent charges were "sufficiently distinct" and
therefore fell outside the Clause’s protections. Annabi, 771 F.2d
at 672. This Court did not, however, conclude that the rule of
construction it announced depended on the similarities between
earlier and subsequent charges.
13 A-175 (emphasis added). The agreement’s scope is also
limited in an additional section:
THEREFORE, on the authority of R. Alexander Acosta,
United States Attorney for the Southern District of
DOJ-OGR-00000072