Epstein Secrets

ons. 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. 3 EFTA00020263 --- PAGE BREAK --- Case 1:20-cr-00330-AJN

PAGE BREAK --- Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 4 of 34 A. The non-prosecution agreement does not bind the U.S. Attorney for the Southern District of New York United States Attorneys speak for the United States. When a U.S. Attorney makes a promise as part of a plea bargain, both contract principles and d

d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past conduct. See Landgraf v. USI Film Products, 511 U.S. 244, 280 (1994). Courts look first to the language of the statute. If the statute states that it applies to past cond

ons. 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. 3 EFTA00022093 --- PAGE BREAK --- Case 1:20-cr-00330-AJN

PAGE BREAK --- Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 4 of 34 A. The non-prosecution agreement does not bind the U.S. Attorney for the Southern District of New York United States Attorneys speak for the United States. When a U.S. Attorney makes a promise as part of a plea bargain, both contract principles and d

d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past conduct. See Landgraf v. USI Film Products, 511 U.S. 244, 280 (1994). Courts look first to the language of the statute. If the statute states that it applies to past cond

ons. 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. 3 EFTA00029542 --- PAGE BREAK --- Case 1:20-cr-00330-AJN

PAGE BREAK --- Case 1:20-cr-00330-AJN Document 208 Filed 04/16/21 Page 4 of 34 A. The non-prosecution agreement does not bind the U.S. Attorney for the Southern District of New York United States Attorneys speak for the United States. When a U.S. Attorney makes a promise as part of a plea bargain, both contract principles and d

d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past conduct. See Landgraf v. USI Film Products, 511 U.S. 244, 280 (1994). Courts look first to the language of the statute. If the statute states that it applies to past cond

Adhering to this binding authority, this Court thus concluded (and continues to conclude) that the NPA does not bind the U.S. Attorney's Office for the Southern District of New York. It thus provides Maxwell no defense in this case even if it would otherwise cover the conduct charged in the new counts in the S2 superseding indic

t the provision nonetheless applies retroactively to cover that conduct. In its April 16, 2021 Opinion & Order, the Court analyzed § 3283 under the Landgraf v. USA Film Products, 511 U.S. 244, 280 (1994) framework and concluded that the limitations period applied retroactively so long as the previous lim

ierre-Louis, No. 16 CR 541 (CM), 2018 WL 4043140, at *6 (S.D.N.Y. Aug. 9, 2018); United States v. Vickers, No. 13-CR-128-A, 2014 WL 1838255, at *8 (W.D.N.Y. May 8, 2014); United States v. Sensi, No. 3:08-CR-253 (WWE), 2010 WL 2351484, at *3 (D. Conn. June 7, 2010). The sex trafficking charges are theref

., 391 F.3d 401 (2d Cir. 2004) 6, 9 Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. 827 (1990) 3 Kawashima v. Holder, 565 U.S. 478 (2012) Landgraf v. USI Film Products, 511 U.S. 244 (1994) Leocal v. Ashcroft, 11 passim 543 U.S. 1 (2004) 11 Martin v. Hadix, 527 U.S. 343 (1999) 6 Nijhawa

States v. Sensi, No. 08 Cr. 253, 2010 WL 2351484 (D. Conn. June 7, 2010) 5 United States v. Vickers, No. 13 Cr. 128 (RJA) (HKS), 2014 WL 1838255 (W.D.N.Y. May 8, 2014) 15 Vernon v. Cassadaga Valley Cent. School Dist., 49 F.3d 886 (2d Cir. 1995) 9 iii EFTA00028906 --- PAGE BREAK --- Weingarten

ejection of a retroactivity provision ends the inquiry at step one in Ms. Maxwell's favor. "[W]here the congressional intent is clear, it governs." Landgraf, 511 U.S. at 264 (quoting Kaiser Aluminum & Chem. Cap. v. Bonjorno, 494 U.S. 827, 837 (1990)). As Ms. Maxwell's opening memorandum demonstrated, co