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Case 22-1426, Document 59, 02/28/2023, 3475902, Page29 of 113

Investigation (“FBI”) have “conducted their own investigation into Epstein’s background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including” five enumerated federal criminal offenses; (ii) Epstein seeks “to resolve globally his state and federal criminal liability” and thus is agreeing to comply with the terms of the NPA “in exchange for the benefits provided by this agreement”; and (iii) “the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure.” A175 (emphasis added). Nowhere in the recitals is reference made specifically to the United States Attorney’s Office for the Southern District of Florida (“SDFL” or “USAO-SDFL”), nor is there any suggestion that the parties in any way intended to limit the “global[]” resolution of Epstein’s liability.

The NPA then provides that “prosecution [of Epstein] in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by” the terms of the NPA. A175. The NPA also provides that, after its terms are fulfilled, no prosecution for the offenses set out on pages 1 and 2 of this Agreement [e.g., the five enumerated federal offenses], 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

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