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Case 1:20-cr-00330-PAE Document 204 Filed 04/16/21 Page 34 of 239

not parties to the agreement. This position is at odds with the law in this Circuit, which presumes
a narrow reading of the boundaries of a plea agreement unless a defendant can affirmatively
establish that a more expansive interpretation was contemplated.") (citing Annabi, 771 F.2d at
672). To hold otherwise would turn Annabi on its head.

The defendant next argues that the following provision of the NPA evinces an intent to
bind the entire federal government:

In consideration of Epstein’s agreement to plead guilty and to
provide compensation in the manner described above, if Epstein
successfully fulfills all of the terms and conditions of this
agreement, the United States also agrees that it will not institute any
criminal charges against any potential co-conspirators of Epstein,
including but not limited to Sarah Kellen, Adriana Ross, Lesley
Groff, or Nadia Marcinkova.

NPA at 5; Def. Mot. 1 at 20-21. Aside from the reference to “United States” which, as noted
above, is insufficient, the defendant does not point to any language in this provision that
purportedly binds other districts. Instead, she argues that the absence of language specifically
limiting this provision to the USAO-SDFL demonstrates an intent to bind the entire federal
government. This argument fails, for at least three reasons. First, the defendant’s argument inverts
the holding of Annabi: in this Circuit, the presumption is that plea agreements bind only the district
in which they are entered, absent affirmative indications otherwise. Put differently, the absence
of express limiting language in this provision is not an affirmative indication of a broader
application. Accordingly, under Second Circuit law, the absence of limiting language in this
specific provision provides no support for the defendant’s motion.

Second, the defendant’s argument acknowledges that the plain terms of the NPA
immunized Epstein from prosecution in “this District,” that is, the Southern District of Florida.
See NPA at 2 (“After timely fulfilling all the terms and conditions of the Agreement, no

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