DOJ-OGR-00004280.pdf

--- Page 1 --- **Document Header** Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 15 of 32 **Text** ago when the events were still recent.6 Accordingly, because the USAO-SDNY is bound by the terms of the NPA as to the offenses charged in Counts Five and Six for the reasons discussed below, Ms. Maxwell cannot be prosecuted for those counts. Although the Court ruled that the NPA does not bind the USAO-SDNY as to the charges in the S1 Indictment (Dkt. 207 at 4-6), the NPA does bind the USAO-SDNY as to the sex trafficking offenses charged in Counts Five and Six that were added to the S2 Indictment. United States v. Annabi, 771 F.2d 670 (1985) and its progeny, which the Court relied upon in its earlier ruling, do not mandate a different result. In its prior ruling, the Court noted that Annabi established "something akin to a clear statement rule" that a plea agreement binds only the U.S. Attorney's Office for the district in which the plea is entered "unless it affirmatively appears that the agreement contemplates a broader restriction." (Dkt. 207 at 4 (quoting Annabi, 771 F.2d at 672). That interpretive rule, however, only applies in situations where the district bringing the second prosecution charges offenses different from the offenses resolved by the plea agreement in the first prosecution. Annabi itself specifically noted that it was not addressing a situation where the charges in the follow-on prosecution are "identical to the dismissed charges." Annabi, 771 F.2d at 672. Accordingly, the Court is not bound by the rule in Annabi because Counts Five and Six are identical to the charges presented to the SDFL grand jury that were resolved by the NPA. When examined without the overlay of Annabi, the terms and the drafting history of the NPA indicate that the agreement should be read to preclude other districts, including the USAO- Accuser-4's statements to the FBI, and any other prior statements in which she did not mention Ms. Maxwell, are exculpatory Brady material that the government should immediately produce to the defense. (See Section VII infra).