DOJ-OGR-00001951.jpg

Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 74 of 91 74
k7e2MaxC kjc

1 detention was appropriate in that case on risk of flight alone.
2 And, again, that conduct was -- at that point significant time
3 had passed, and Jeffrey Epstein was not a foreign citizen.
4 I want to respond with respect to the NPA. At this
5 point, your Honor, the defense has articulated no legal basis
6 to suggest that the defendant is shielded by the nonprosecution
7 agreement, and it simply doesn't make sense that the decision
8 in this case is somehow tactical to avoid concerns about the
9 NPA, when the government charged Jeffrey Epstein with conduct
10 that fell within the scope of the time period within the
11 nonprosecution agreement and stated before the court in
12 connection with bail proceedings in that matter that this is
13 the government's strong view that that agreement does not bind
14 this office whatsoever with respect to any kind of conduct or
15 any kind of individual. That agreement does not bind this
16 office whatsoever.
17 Your Honor, in short, it is important for the court to
18 evaluate the question of bail given the totality of the
19 circumstances. The defense's argument, in essence, attempts to
20 view each of the government's arguments as absolute. But when
21 you review the totality of the circumstances -- the defendant's
22 extensive international ties, her conduct over the past year,
23 her unknown finances and unwillingness to be more candid with
24 the court about her resources to flee, her specific bail
25 proposal which provides absolutely no security to the court --

SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
DOJ-OGR-00001951