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32a
may dismiss an indictment, information, or complaint
for unnecessary delay in presenting a charge to the
Grand Jury, filing an information, or in bringing a
defendant to trial. Epstein hereby requests that the
United States Attorney for the Southern District of
Florida defer such prosecution. Epstein agrees and
consents that any delay from the date of this Agreement
to the date of initiation of prosecution, as provided for
in the terms expressed herein, shall be deemed to be a
necessary delay at his own request, and he hereby
waives any defense to such prosecution on the ground
that such delay operated to deny him rights under
Rule 4 8(b) of the Federal Rules of Criminal Procedure
and the Sixth Amendment to the Constitution of
the United States to a speedy trial or to bar the
prosecution by reason of the running of the statute of
limitations for a period of months equal to the period
between the signing of this agreement and the breach
of this agreement as to those offenses that were the
subject of the grand jury's investigation. Epstein
further asserts and certifies that he understands that
the Fifth Amendment and Rule 7(a) of the Federal
Rules of Criminal Procedure provide that all felonies
must be charged in an indictment presented to a grand
jury. Epstein hereby agrees and consents that, if a
prosecution against him is instituted for any offense
that was the subject of the grand jury's investigation,
it may be by way of an Information signed and filed by
the United States Attorney, and hereby waives his
right to be indicted by a grand jury as to any such offense.
By signing this agreement, Epstein asserts and
certifies that the above has been read and explained to
him. Epstein hereby states that he understands the
conditions of this Non-Prosecution Agreement and
agrees to comply with them.
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