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1 and 2 of this Agreement, 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 offenses that arose from the Federal Grand Jury investigation will be instituted in this District." In its terms section, the NPA further
Page: EFTA00015543 →ited States v. Brown, No. 99-1230, 2002 WL 34244994, at *2 (2d Cir. Apr. 26, 2002) (in analyzing an SDFL plea agreement, reiterating the holding of Annabi and noting that it applies "even if the plea agreement purports to bind 'the Government' or the "United States") (summary order); United States v. B
Page: EFTA00015544 →trict in which the plea is entered unless it affirmatively appears that the agreement contemplates a broader restriction.") (citing United States v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985) (per curiam)). Moreover, any references in an NPA to the "Government" or the "United States" do not abrogate thes
Page: EFTA00015544 →h allegations that he had committed similar sex offenses against minor girls. The investigation ultimately also involved federal authorities, namely the U.S. Attorney's Office for the Southern District of Florida ("SDFL") and the FBI's Miami Office, and included interviews with victims based in the Palm Beach area, includ
Page: EFTA00015548 →cs., Inc. v. Sprint Spectrum, L.P., 499 F.3d 1151 (10th Cir. 2007) 8, 9 United States v. Aleman, 286 F.3d 86 (2d Cir. 2002) 17 United States v. Annabi, 771 F.2d 670 (2d Cir. 1985) passim United States v. CFW Const. Co., 583 F. Supp. 197 (D.S.C. 1984), of d, 749 F.2d 33 (4'h Cir. 1984) 6 United
Page: EFTA00028882 →t through discovery. The government argues that application of the co-conspirator immunity provision beyond the SDFL is barred by United States v. Annabi, 771 F.2d 670 (2d Cir. 1985) (per curiam), in which the Second Circuit stated that "[a] plea agreement binds only the office of the United States A
Page: EFTA00028890 →renced privilege log in a civil lawsuit filed by one of Epstein's victims, all of which contain entries reflecting the USAO-SDFL's consultation with the United States Attorney's Office for this District, travel by USAO-SDFL attorneys to New York, or interviews and/or subpoenas of New York-based witnesses. Mem. at 11 (citing Privile
Page: EFTA00028895 →NPA did so. Applying Second Circuit precedent and principles of contract interpretation, the Court concludes that they did not. In United States v. Annabi, the Second Circuit held: "A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless
Page: EFTA00020264 →prosecutors included a promise to bind other districts. See United States v. Russo, 801 F.2d 624, 626 (2d Cir. 1986). She alleges that officials in the U.S. Attorney's Office for the Southern District of Florida sought and obtained approval for the NPA from the Office of the Deputy Attorney General and communicated with a
Page: EFTA00020265 →five enumerated offenses; (2) "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"; and (3) "any offenses that arose from the Federal Grand Jury investigation." 6 EFTA00020266 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Documen
Page: EFTA00020266 →NPA did so. Applying Second Circuit precedent and principles of contract interpretation, the Court concludes that they did not. In United States v. Annabi, the Second Circuit held: "A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless
Page: EFTA00022094 →prosecutors included a promise to bind other districts. See United States v. Russo, 801 F.2d 624, 626 (2d Cir. 1986). She alleges that officials in the U.S. Attorney's Office for the Southern District of Florida sought and obtained approval for the NPA from the Office of the Deputy Attorney General and communicated with a
Page: EFTA00022095 →five enumerated offenses; (2) "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"; and (3) "any offenses that arose from the Federal Grand Jury investigation." 6 EFTA00022096 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Documen
Page: EFTA00022096 →21 Opinion & Order on Maxwell's first set of pretrial motions, the Court held that the non-prosecution agreement ("NPA") between Jeffrey Epstein and the U.S. Attorney's Office for the Southern District of Florida did not bar the charges against Maxwell in the S1 superseding indictment. See United States v. Maxwell, No. 20-
Page: EFTA00023896 →PA does not bar the charges against her. As the Court explained in its April 16, 2021 Opinion & Order, the Second Circuit held in United States v. Annabi that "[a] plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively a
Page: EFTA00023897 →s not apply if later charges in another district are sufficiently "identical" to the dismissed ones, and no subsequent Second Circuit case applying Annabi has so held. Annabi applies squarely to the facts of this case and binds this Court. The Court also disagrees that Cosby mandates a different resul
Page: EFTA00023898 →he 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 20
Page: EFTA00029542 →NPA did so. Applying Second Circuit precedent and principles of contract interpretation, the Court concludes that they did not. In United States v. Annabi, the Second Circuit held: "A plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless
Page: EFTA00029543 →five enumerated offenses; (2) "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"; and (3) "any offenses that arose from the Federal Grand Jury investigation." 6 EFTA00029545 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Documen
Page: EFTA00029545 →h allegations that he had committed similar sex offenses against minor girls. The investigation ultimately also involved federal authorities, namely the U.S. Attorney's Office for the Southern District of Florida ("SDFL") and the FBI's Miami Office, and included interviews with victims based in the Palm Beach area, includ
Page: EFTA00024586 →es v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985) (per curiam)). This is true even if the text of the agreement purports to bind "the Government." See Annabi, 771 F.2d at 672. This analysis similarly extends to a non-prosecution agreement. See United States v. Laskow, 688 F. Supp. 851, 854 (E.D.N.Y. 1988
Page: EFTA00024589 →h allegations that he had committed similar sex offenses against minor girls. The investigation ultimately also involved federal authorities, namely the U.S. Attorney's Office for the Southern District of Florida ("SDFL") and the FBI's Miami Office and included interviews with victims based in the Palm Beach area, includi
Page: EFTA00028299 →es v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985) (per curiam)). This is true even if the text of the agreement purports to bind "the Government." See Annabi, 771 F.2d at 672. This analysis similarly extends to a non-prosecution agreement. See United States v. Laskow, 688 F. Supp. 851, 854 (E.D.N.Y. 1988
Page: EFTA00028302 →1 and 2 of this Agreement, 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 offenses that arose from the Federal Grand Jury investigation will be instituted in this District." In its terms section, the NPA further
Page: EFTA00028796 →trict in which the plea is entered unless it affirmatively appears that the agreement contemplates a broader restriction.") (citing United States v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985) (per curiam)). Moreover, any references in an NPA to the "Government" or the "United States" do not abrogate thes
Page: EFTA00028797 →h allegations that he had committed similar sex offenses against minor girls. The investigation ultimately also involved federal authorities, namely the U.S. Attorney's Office for the Southern District of Florida ("SDFL") and the FBI's Miami Office, and included interviews with victims based in the Palm Beach area, includ
Page: EFTA00029006 →es v. Annabi, 771 F.2d 670, 672 (2d Cir. 1985) (per curiam)). This is true even if the text of the agreement purports to bind "the Government." See Annabi, 771 F.2d at 672. This analysis similarly extends to a non-prosecution agreement. See United States v. Laskow, 688 F. Supp. 851, 854 (E.D.N.Y. 1988
Page: EFTA00029009 →Entities connected to both Annabi and U.S. Attorney's Office

Jeffrey Epstein
PERSON
Ghislaine Maxwell
PERSON
Prince Andrew
PERSON
United States
LOCATION
Department of Justice
ORGANIZATIONDistrict Court for the Southern District of New York
ORGANIZATIONFBI
ORGANIZATION
Alexander Acosta
PERSONSecond Circuit
ORGANIZATION
Reid Weingarten
PERSONMartin Weinberg
PERSONJane Doe
PERSON
Bradley Edwards
PERSONSouthern District of Florida
LOCATION
U.S. Virgin Islands
LOCATION
Michael Cohen
PERSON
Julie K. Brown
PERSONthe Southern District
LOCATION
Geoffrey S. Berman
PERSONSalameh
PERSON