EFTA00621909Set 9
2016-03-027p3,640w
USAO to
disclose the eventual agreement with the "Office responding) 'A non-prosecution agreement
would not be made public orfiled with the Court .. . it is not something that we would ... Sayegh, 131 F.3d at 163. The case is even clearer as to non-prosecution agreements:
The government has absolute discretion to decide not to prosecute. ICC v.
Brotherhood of Locomotive ... formal, written agreement to that effect, which is often referred
to as a "non-prosecution agreement," is not the business of the court
United States v. HSBC Bank
https://www.justice.gov/epstein/files/DataSet%209/EFTA00621909.pdf
EFTA00215343Set 9
2008-08-0116p4,547w
COURT REGARDING
ABSENCE OF NEED FOR EVIDENTIARY HEARING" AND MOTION FOR
PRODUCTION OF NON-PROSECUTION AGREEMENT AND OF REPORT OF
INTERVIEW
COME NOW the Petitioners, Jane Doe #1 and Jane ... victims' rights.
In particular, the Government now apparently admits that the Non-Prosecution
Agreement it struck with Epstein in September 2007 contained an "express confidentiality
provision." See Exhibit ... addition, the Government
effectively misled the victims that it had reached a Non-Prosecution Agreement with Epstein,
plainly violating the victims' rights to be treated with "fairness" under the CVRA
https://www.justice.gov/epstein/files/DataSet%209/EFTA00215343.pdf
EFTA00211249Set 9
2006-08-1117p4,775w
billionaire
Jeffrey Epstein that allowed him to escape any federal prosecution through a non-prosecution
agreement (NPA). The victims believe that their summary judgment motion has a high
likelihood ... September 18, 2007, email, the Office responded to
Epstein's lawyers: "A non-prosecution agreement would not be made public or filed with the
Court, but it would remain part ... with the victims regarding the
undisputed facts of the case, and produce the non-prosecution agreement and other information
about the case. Id. at 14. The Court later ordered production
https://www.justice.gov/epstein/files/DataSet%209/EFTA00211249.pdf
EFTA00207398Set 9
2010-05-1745p12,205w
Defendant, and for which Defendant expressly agreed to pay pursuant to a Non-Prosecution
Agreement that he entered into with the United States Attorney's Office for the Southern District ... common law and implicate a unique
federal interest, for they relate to a Non-Prosecution Agreement entered into by the United States
of America, through the United States Attorney ... Plaintiff's third-party claims are derived from a Non-Prosecution Agreement
between the United States of America, through the USAO and Defendant, which was executed
on or about October
https://www.justice.gov/epstein/files/DataSet%209/EFTA00207398.pdf
Petitioners,
I
UNITED STATES
Respondent.
GOVERNMENT'S RESPONSE TO PETITIONERS' REQUEST
FOR NON-PROSECUTION AGREEMENT AND REPORT OF INTERVIEW
Respondent United States, by and through its undersigned counsel, files ... Response to Petitioners'
Request for Non-Prosecution Agreement and Report of Interview, and states:
In their Response to Government's Notice to Court Regarding Absence of Need for Evidentiary Hearing ... Motion for Production of Non-Prosecution Agreement and Report of Interview (D.E. 19), petitioners seek an
order compelling the Government to produce the Non-Prosecution Agreement with Jeffrey Epstein
https://www.justice.gov/epstein/files/DataSet%209/EFTA00204625.pdf
EFTA00584719Set 9
2008-07-114p1,018w
lacks merit.
Response to The Court should therefore declare
Emergency Petition . . the proposed non-prosecution
. agreement an illegal one, since it
was reached in violation of the
CVRA, and order ... non-
prosecution agreement invalid."
16 "The Court should enter an order
finding the non-prosecution
agreement in this case was
negotiated in violation of the CVRA
and therefore is illegal ... violation of federal law,
they have been stricken by the courts."
39 "The Non-Prosecution Agreement that
the Government entered into in this case
was simply illegal. . . . the only issue
https://www.justice.gov/epstein/files/DataSet%209/EFTA00584719.pdf
EFTA00223109Set 9
2009-10-2110p1,745w
correct certain inaccuracies contained in that communication.
First, you state that the Non-Prosecution Agreement "called for Mr. Epstein
to serve eighteen months in county jail followed by twelve months ... community
control." In fact, the Non-Prosecution Agreement, at 1 2 (a) and (b) required,
instead, that Mr. Epstein "shall be sentenced," as in fact he was, to consecutive
sentences ... month community control
probation sentence. Additionally, 1 12 of the Non-Prosecution Agreement
specifically states that Epstein is entitled to "eligibility for gain time credit based
on standard rules
https://www.justice.gov/epstein/files/DataSet%209/EFTA00223109.pdf
EFTA01659903Set 10
2007-11-132p1,139w
that Mr. Epstein intends to comply with all of the terms of the
Non-Prosecution Agreement. Accordingly, I again advise you that the Office requires Mr. Epstein to
make ... such agreements have yet been provided to us.
As you know, the Non-Prosecution Agreement requires Mr. Epstein to secure our approval prior to
entering into any agreement — not just ... address
your issues in turn. First, one of the material terms of the Non-Prosecution Agreement was Mr. Epstein's
agreement to waive the right to contest the "veracity
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01659903.pdf
EFTA01325031Set 10
2015-06-2320p5,519w
McMillan Deliberative Process
P-014134 regarding negotiations of a federal plea and a non-prosecution
agreement
Page 5 of 18
SDNY_GM_02742824
EF1'A_00229473
EFTA01325037
Case ... Karen Atkinson, and John McMillan regarding revisions to the Deliberative Process
P-014160 non-prosecution agreement
P-014161 9/21/2007 email from Marie Villafana to Alex Acosta, Rolando Garcia, Work Product ... Rolando Garcia, and Jeff Sloman regarding Deliberative Process
P-014174 proposed revisions to non-prosecution agreement
P-014175 9/20/2007-9/24/2007 emails between Alex Acosta, Marie Villafaiia, and Work Product
thru Andrew
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01325031.pdf
EFTA00058445Set 9
2019-07-0810p5,089w
instant Indictment.'
In fall 2007, the defendant entered into a non-prosecution agreement with the SDFL in
connection with the conduct at issue in that investigation, which the non-prosecution ... with
registration requirements under the national Sex Offender Registration and Notification Act.
' The non-prosecution agreement, further discussed below, was entered into at the conclusion of
the SDFL investigation ... Government." See Annabi, 771 F.2d at 672. This analysis
similarly extends to a non-prosecution agreement. See United States v. Laskow, 688 F. Supp. 851,
854 (E.D.N.Y. 1988) ("Defendant
https://www.justice.gov/epstein/files/DataSet%209/EFTA00058445.pdf
EFTA01626115Set 10
2008-07-0721p7,154w
July 7,
2008, before the Government had even disclosed the existence of the non-prosecution agreement
(NPA) in this case. The petition, accordingly, does not specifically discuss the Government ... relief sought, specifically that "[t]he Court should therefore declare the proposed
non-prosecution agreement an illegal one, since it was reached in violation of the CVRA, and
order ... case had the right to confer with the
Government before it reached its non-prosecution agreement." Id. at 8 (emphasis added); see
also id. (the Government kept Jane
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01626115.pdf
EFTA01733766Set 10
4p1,548w
Epstein's commitment to maintain full compliance with
the terms of the Non-Prosecution Agreement, we write to inform you of new
information we have just received from the Palm ... participation
in Mr. Epstein's case, as you negotiated the terms of the Non-Prosecution
Agreement, we thought it would be appropriate to inform you of these new
developments ... phase of Mr. Epstein's incarceration does
not violate the provisions of the Non-Prosecution Agreement:
1. Under the terms ( 2) of the Non-Prosecution Agreement, Mr. Epstein
was required
https://www.justice.gov/epstein/files/DataSet%2010/EFTA01733766.pdf
EFTA00209741Set 9
2014-04-1823p5,318w
abuse of minors, but failed to confer with the
victims before entering a non-prosecution agreement with Epstein. Two victims
filed suit against the United States to enforce their rights ... discover the correspondence between
Epstein's attorneys and the United States regarding the non-prosecution agreement.
Epstein and his attorneys then intervened to object to that discovery as privileged ... States and Epstein.
On September 24, 2007, the United States entered into a non-prosecution
agreement with Epstein in which the United States agreed not to file any federal
charges
https://www.justice.gov/epstein/files/DataSet%209/EFTA00209741.pdf