DOJ-OGR-00021096.jpg
699 KB
Extraction Summary
3
People
8
Organizations
2
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal filing / appellate brief
File Size:
699 KB
Summary
This document is a page from a legal brief filed on February 28, 2023. It argues that the Non-Prosecution Agreement (NPA) was intended to have a broad scope, providing global immunity to Epstein and his co-conspirators beyond a specific district. It cites a 2007 email from prosecutor Villafana to defense attorney Lefkowitz, explicitly stating a preference not to highlight other crimes and other chargeable persons to the judge.
People (3)
| Name | Role | Context |
|---|---|---|
| Jeffrey Epstein | Subject of NPA |
Subject of the Non-Prosecution Agreement discussed; seeking global resolution of liability.
|
| Villafana | Prosecutor (likely) |
Author of an email dated 9/16/07 regarding the NPA and co-conspirators.
|
| Lefkowitz | Defense Attorney (likely) |
Recipient of an email dated 9/16/07 regarding the NPA.
|
Organizations (8)
| Name | Type | Context |
|---|---|---|
| LaSalle Bank Nat’l Ass’n |
Cited in legal precedent.
|
|
| Nomura Asset Capital Corp. |
Cited in legal precedent.
|
|
| Port Consol., Inc. |
Cited in legal precedent.
|
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| Int’l Ins. Co. of Hannover, PLC |
Cited in legal precedent.
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| USAOs |
United States Attorney's Offices; discussed in relation to the Justice Manual and binding scope of agreements.
|
|
| Department of Justice (DOJ) |
Indicated by Bates stamp DOJ-OGR-00021096.
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| 2d Cir. |
Federal Court of Appeals cited.
|
|
| 11th Cir. |
Federal Court of Appeals cited.
|
Key Quotes (3)
"Epstein’s objective in negotiating the NPA was to obtain a global resolution that would, among other things, provide maximum protection for any alleged co-conspirators."Source
DOJ-OGR-00021096.jpg
Quote #1
"The absence of the phrase “in this District” from the co-conspirator immunity provision therefore compels the inference that the parties did not intend to so limit its reach."Source
DOJ-OGR-00021096.jpg
Quote #2
"I will mention ‘co-conspirators,’ but I would prefer not to highlight for the judge all of the other crimes and all of the other persons that we could charge"Source
DOJ-OGR-00021096.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,697 characters)
Case 22-1426, Document 59, 02/28/2023, 3475902, Page49 of 113
provision as to Epstein. See, e.g., LaSalle Bank Nat’l Ass’n v. Nomura Asset
Capital Corp., 424 F.3d 195, 206 (2d Cir. 2005) (“In interpreting a contract under
New York law, ‘words and phrases ... should be given their plain meaning,’ and
the contract ‘should be construed so as to give full meaning and effect to all of its
provisions.’”) (citations omitted); Port Consol., Inc. v. Int’l Ins. Co. of Hannover,
PLC, 826 F. App’x 822, 827 (11th Cir. 2020) (same under Florida law). The Justice
Manual supports this view, admonishing prosecutors who do not wish to bind
USAOs in other districts to “explicitly limit the scope” of the NPA to their
districts. Justice Manual, Comment to § 9-27.630 (emphasis added). The absence
of the phrase “in this District” from the co-conspirator immunity provision
therefore compels the inference that the parties did not intend to so limit its reach.
Capital Corp., 424 F.3d 195, 206 (2d Cir. 2005) (“In interpreting a contract under
New York law, ‘words and phrases ... should be given their plain meaning,’ and
the contract ‘should be construed so as to give full meaning and effect to all of its
provisions.’”) (citations omitted); Port Consol., Inc. v. Int’l Ins. Co. of Hannover,
PLC, 826 F. App’x 822, 827 (11th Cir. 2020) (same under Florida law). The Justice
Manual supports this view, admonishing prosecutors who do not wish to bind
USAOs in other districts to “explicitly limit the scope” of the NPA to their
districts. Justice Manual, Comment to § 9-27.630 (emphasis added). The absence
of the phrase “in this District” from the co-conspirator immunity provision
therefore compels the inference that the parties did not intend to so limit its reach.
As the NPA reflects, Epstein’s objective in negotiating the NPA was to
obtain a global resolution that would, among other things, provide maximum
protection for any alleged co-conspirators. A175 (noting that Epstein “seeks to
resolve globally his state and federal criminal liability”). The NPA makes clear that
its identification of four “potential co-conspirators” by name was not intended to
limit the immunity provision to those four individuals (“but not limited to”). A178;
Dkt 142, Exh. H (9/16/07 email from Villafana to Lefkowitz stating that “I will
mention ‘co-conspirators,’ but I would prefer not to highlight for the judge all of
the other crimes and all of the other persons that we could charge”). The NPA on
obtain a global resolution that would, among other things, provide maximum
protection for any alleged co-conspirators. A175 (noting that Epstein “seeks to
resolve globally his state and federal criminal liability”). The NPA makes clear that
its identification of four “potential co-conspirators” by name was not intended to
limit the immunity provision to those four individuals (“but not limited to”). A178;
Dkt 142, Exh. H (9/16/07 email from Villafana to Lefkowitz stating that “I will
mention ‘co-conspirators,’ but I would prefer not to highlight for the judge all of
the other crimes and all of the other persons that we could charge”). The NPA on
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DOJ-OGR-00021096
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