opinion, according to the government, was "cabined to an analysis under the Double Jeopardy Clause" to rebut the Annabi defendants' claim that the Clause precluded their prosecution on the Southern District charges. (Opp. at 4). That is a misinterpretation of Annabi. The court stated at the beginning

in, supra. The Confidentiality Agreement would give Epstein rights that exceed those which could be obtained by a resolution of Edwards' claim. The Clause is accordingly not contemplated or permissible under Rule 1.442 or §768.79. Some non-monetary terms are permissible. An example is a requirement th

rustee hereunder, and a vacancy in the office of Trustee occurs which is not filled in accordance with the provisions of subparagraph (AX2) of this Clause, BARRY J. COHEN, RICHARD RESSLER, and JOHN J. HANNAN shall become the Trustees hereunder in his place. (2) Each individual serving from time to t

han the Grantor shall prevent the successors named in paragraph (A) above from qualifying as successor. (2) Subject to subparagraph (B)(4) of this Clause, the individuals serving at any time as Trustees, acting unanimously if more than one is serving, may appoint any person or bank or trust company t

roperty of equivalent value, shall seek a determination by a court of competent jurisdiction to assure that the equivalent value requirement of this Clause is satisfied. If no Independent Trustee is then serving, upon the exercise of this power by LEON, the Trustees shall appoint an Independent Trustee

st under this Clause for which an election is made by LEON's Executors to qualify for the marital deduction. Any trust principal passing under this Clause which LEON's Executors elect to qualify for the marital deduction for either state estate tax purposes or Federal estate tax purposes, but not both,

d or re-enacted or both from time to time; (b) a document includes a reference to such document as modified or replaced from time to time: (c) a Clause is, unless the context requires otherwise, a reference to a clause of this Agreement; (d) a Schedule is, unless the context requires otherwise, a r

ustee hereunder, and a vacancy in the office of Trustee occurs which is not filled in accordance with the provisions of subparagraph (A)(2) of this Clause, BARRY J. COHEN, RICHARD RESSLER, and JOHN J. IIANNAN shall become the Trustees hereunder in his place. (2) Each individual serving from time to

m might commit in the future. In so doing, the Court stated: Appellee's argument assumes the exist- ence of a periphery of the Self—Incrimi- nation Clause which protects a person against incrimination not only against past or present transgressions but which supplies insulation for a career of crime

cause double jeopardy is meant to protect a defendant from successive punishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy

ecause double jeopardy is meant to protect a defendant from successivepunishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy

cause double jeopardy is meant to protect a defendant from successive punishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy

cause double jeopardy is meant to protect a defendant from successive punishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy

cause double jeopardy is meant to protect a defendant from successive punishments for the same offense, a multiplicitous count does not violate the Clause unless and until sentence is imposed. See Josephberg, 459 F.3d at 355 ("Where there has been no prior conviction or acquittal, the Double Jeopardy