nd the defendant, are never filed with the federal court and by definition precede the institution of federal criminal charges. See Memorandum from Craig S. Morford, Acting Deputy Att'y Gen., U.S. Dep't of Justice, to Heads of Department Components, U.S. Att'ys re: Selection and Use of Monitors in Deferred Pro

4 The fact that Mr. Epstein's counsel sought to keep the NPA outside the public record was hardly unusual. The NPA is not a judicial document. See Craig S. Morford, Acting Deputy Attorney General, Selection and Use of Monitors in Deferred Prosecution Agreements and Non—Prosecution Agreements with Corporations,

the government and the defendant that are never filed with the court and do not result in the institution of criminal charges. See Memorandum from Craig S. Morford, Acting Deputy Att'y Gen., U.S. Dep't of Justice, to Heads of Department Components, U.S. Att'ys re: Selection and Use of Monitors in Deferred Pros

to plea agreements, which involve the formal conviction of a corporation in a court proceeding. Memorandum from Acting Deputy Attorney General Craig S. Morford to Heads of Departmental Components and United States Attorneys at n.2 (Mar. 7, 2008), available at https://www.justice.gov/archives/jm/criminal-res

ors in Criminal Division Matters (June 24, 2009), available at hetp:/ /www. justice.gov/criminal/fraud/fcpa/docs/response3 -supp-appx-3.pdf; see also Craig S. Morford, Acting Dep. Att’y Gen., US. Dept. of Justice, Mem. to the Heads of Department Components and United States Attorneys on Selection and Use of Monitor