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

in furtherance of the charged conspiracy, the Court should provide a limiting instruction or, in extreme cases declare a mistrial. United States v. Tracy, 12 F.3d 1186, 1199 (2d Cir. 1993). Although conditional admissions can pose a problem, a pretrial hearing is unnecessary here because the Governmen

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

in furtherance of the charged conspiracy, the Court should provide a limiting instruction or, in extreme cases declare a mistrial. United States v. Tracy, 12 F.3d 1186, 1199 (2d Cir. 1993). Although conditional admissions can pose a problem, a pretrial hearing is unnecessary here because the Governmen

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

in furtherance of the charged conspiracy, the Court should provide a limiting instruction or, in extreme cases declare a mistrial. United States v. Tracy, 12 F.3d 1186, 1199 (2d Cir. 1993). Although conditional admissions can pose a problem, a pretrial hearing is unnecessary here because the Governmen