DOJ-OGR-00021754.jpg

Case 22-1426, Document 87, 07/27/2023, 3548202, Page12 of 35

& Indemn. Co., 37 N.Y.2d 211, 219 (N.Y. 1975). And, as the court stated in Florida
West, a plea agreement is enforceable by a third party as long as the “[a]greement
evince[s] an intent to extend [immunity] to a definable class of third parties" and the
third party seeking enforcement “fall[s] within this category of beneficiaries.” 853
F.Supp.2d at 1228-29; see id. at 1214 (defendant, as a third-party beneficiary, could
enforce a plea agreement between the Government and an air cargo company, which
immunized unnamed “employees” of the company’s subsidiaries); see also Stolt-
Nielsen, 524 F.Supp.2d at 613, 620 (defendants, as third-party beneficiaries, could
enforce an agreement between the Government and Stolt-Nielsen, which promised
leniency to unnamed directors, officers, and employees).

Here, the NPA grants immunity to “any potential co-conspirators of Epstein,
including but not limited to [four named individuals].” A178. As the District Court
recognized, this is a definable class that includes Ms. Maxwell. A144³ (“[T]he co-
conspirator provision...cover[s] any involvement of Maxwell in offenses committed
by Epstein from 2001 to 2007, other offenses that were the subject of the FBI and

³ To the extent that the Government suggests that Ms. Maxwell is not a co-
conspirator within the meaning of the NPA, the trial evidence demonstrated,
according to the Government’s main brief, that she was a member of the conspiracies
charged in the indictment from 1994- 2004 in the SDNY and elsewhere. Moreover,
there was significant overlap between the investigation in Florida and the trial.
Specifically, investigators in Florida had interviewed Carolyn (SA86, SA72fn.72;
SA193fn.241), Virginia Roberts (SA173fn.217, SA193fn.240, fn.241), and Annie
Farmer (SA193fn.239).

6

DOJ-OGR-00021754