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588 KB
Extraction Summary
6
People
5
Organizations
1
Locations
2
Events
1
Relationships
5
Quotes
Document Information
Type:
Legal brief / court filing (appellate argument)
File Size:
588 KB
Summary
This document is page 18 of a legal brief filed on July 27, 2023, arguing for the enforcement of the Non-Prosecution Agreement (NPA) regarding Jeffrey Epstein. The text contends that because the Government drafted the NPA with unequal bargaining power, any ambiguities should be resolved against the Government, and that Epstein fulfilled his obligations under the agreement before his death. It specifically mentions the 'co-conspirator clause' being understood as global and argues the Government cannot retroactively restrict the NPA.
People (6)
| Name | Role | Context |
|---|---|---|
| Jeffrey Epstein | Subject of NPA / Deceased |
Referenced as having performed under the NPA and is noted as 'now dead'.
|
| Aleman | Case Citation Name |
Cited in United States v. Aleman
|
| Ready | Case Citation Name |
Cited in United States v. Ready
|
| Difeaux | Case Citation Name |
Cited in Difeaux case
|
| Annabi | Case Citation Name |
Cited as a precedent relied upon by the District Court
|
| Russo | Case Citation Name |
Cited in U.S. v Russo
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| U.S. Attorney’s Office of the Southern District of New York |
Proffered facts accepted by the District Court.
|
|
| The Government / United States |
Drafted the NPA, enjoys unequal bargaining power, argued to be held to the terms of the NPA.
|
|
| District Court |
Lower court that accepted facts from SDNY.
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|
| 2d Cir. |
Second Circuit Court of Appeals (cited in case law).
|
|
| DOJ-OGR |
Department of Justice Office of Government Information Services (implied by Bates stamp prefix).
|
Timeline (2 events)
Locations (1)
| Location | Context |
|---|---|
|
Jurisdiction of the U.S. Attorney's Office mentioned.
|
Relationships (1)
Epstein performed under the NPA in response to the promise of the United States.
Key Quotes (5)
"NPA’s ambiguous provisions against the Government, which drafted the agreement and enjoys unequal bargaining power in the sentencing process."Source
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Quote #1
"Epstein, now dead, cannot undo it."Source
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Quote #2
"The Government, having received the totality of the benefit of the bargained elements in the NPA, should be held to its terms."Source
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Quote #3
"Should the hearing establish that Epstein understood the co-conspirator clause to be global, while the Government deemed its reach a mistake or the subject of regret..."Source
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Quote #4
"The Government, having removed limiting language in the NPA, cannot restrict the NPA in retrospect"Source
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Quote #5
Full Extracted Text
Complete text extracted from the document (1,333 characters)
Case 22-1426, Document 87, 07/27/2023, 3548202, Page18 of 35
NPA’s ambiguous provisions against the Government, which drafted the agreement
and enjoys unequal bargaining power in the sentencing process. See United States v.
Aleman, 286 F.3d 86, 89 (2d Cir. 2002); United States v. Ready, 82 F.3d 551, 558-
59 (2d Cir. 1996); See also Difeaux at 728. In this instance, the District Court
accepted the facts proffered by the U.S. Attorney’s Office of the Southern District
of New York and relied on Annabi to preclude any further inquiry, thereby
eviscerating the exception in U.S. v Russo, supra.
and enjoys unequal bargaining power in the sentencing process. See United States v.
Aleman, 286 F.3d 86, 89 (2d Cir. 2002); United States v. Ready, 82 F.3d 551, 558-
59 (2d Cir. 1996); See also Difeaux at 728. In this instance, the District Court
accepted the facts proffered by the U.S. Attorney’s Office of the Southern District
of New York and relied on Annabi to preclude any further inquiry, thereby
eviscerating the exception in U.S. v Russo, supra.
Epstein performed under the NPA in response to the promise of the United
States. The Government, having received the totality of the benefit of the bargained
elements in the NPA, should be held to its terms. There is no remedy other than
enforcement of the NPA according to its terms or, should the Court determine that
such terms are ambiguous, the holding of a hearing. Should the hearing establish that
Epstein understood the co-conspirator clause to be global, while the Government
deemed its reach a mistake or the subject of regret, Epstein, now dead, cannot undo
it. The Government, having removed limiting language in the NPA, cannot restrict
the NPA in retrospect, as it had convinced the District Court.
States. The Government, having received the totality of the benefit of the bargained
elements in the NPA, should be held to its terms. There is no remedy other than
enforcement of the NPA according to its terms or, should the Court determine that
such terms are ambiguous, the holding of a hearing. Should the hearing establish that
Epstein understood the co-conspirator clause to be global, while the Government
deemed its reach a mistake or the subject of regret, Epstein, now dead, cannot undo
it. The Government, having removed limiting language in the NPA, cannot restrict
the NPA in retrospect, as it had convinced the District Court.
12
DOJ-OGR-00021760
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