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Case 22-1426, Document 87, 07/27/2023, 3548202, Page15 of 35

interviewed Virginia Roberts, who the Government elected not to call as a witness.
And, of course, a broader immunity deal for co-conspirators accomplished what
Epstein may not have been able to obtain more directly, namely co-conspirator
immunity that would have insulated Epstein from criminal prosecutions elsewhere,
where co-conspirators might otherwise have been forced to testify against him in
return for leniency.

There is no question that the NPA did not contain standard federal plea
agreement language. SA103 fn.120. The co-conspirator clause was, in the words of
the Government, “unusual,” even “very unusual” and “pretty weird.” SA194, SA212
fn.258. Not surprisingly, the first iteration of this clause was proposed by the
defense. SA95. It “preclude[d] the initiation of any and all criminal charges which
might otherwise in the future be brought against [four named female assistants] or
any employee of [a specific Epstein corporate entity] for any criminal charge that
arises out of the ongoing federal investigation.”⁵ Id. This demonstrates that, from the
beginning, the defense sought immunity for third parties beyond the SDFL. The
Government responded with a draft proposal that resolved the federal criminal
liability of any co-conspirators in the Southern District of Florida growing out of any
criminal conduct by those persons known to the USAO as of the date of the

⁵ Notably, even in this iteration, Ms. Maxwell would have been protected as she was
Epstein’s employee.

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