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District of Florida. Dkt. No. 142 at 1-2. Epstein agreed
in the NPA to plead guilty in Florida state court to
soliciting minors for prostitution and to serve eighteen
months in a county jail. Id. In exchange, the U.S.
Attorney's Office agreed not to charge him with federal
crimes in the Southern District of Florida stemming
from its investigation of his conduct between 2001 and
2007. Id. It also agreed not to bring criminal charges
against any of his "potential co-conspirators." Id.
As a recent report from the Department of Justice's
Office of Professional Responsibility observed, the
NPA was unusual in many respects, including its
breadth, leniency, and secrecy. OPR Report, Gov. Ex. 3,
Dkt. No. 204-3, at x, 80, 175, 179, 260–61. The U.S.
Attorney's promise not to prosecute unidentified co-
conspirators marks a stark departure from normal
practice for federal plea agreements. This provision
appears to have been added "with little discussion or
consideration by the prosecutors." Id. at 169, 185. The
report concluded that the U.S. Attorney's negotiation
and approval of the NPA did not amount to
professional misconduct, but nonetheless reflected
"poor judgment." Id. at 169.
Only the NPA's effect, and not its wisdom, is
presently before the Court. Maxwell contends that the
NPA bars this prosecution, because she is charged as
a co-conspirator of Jeffrey Epstein and the NPA's
co-conspirator provision lacks any geographical or
temporal limitations. The Court disagrees for two
independent reasons. First, under controlling Second
Circuit precedent, the NPA does not bind the U.S.
Attorney for the Southern District of New York.
Second, it does not cover the offenses charged in the S1
superseding indictment.
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