DOJ-OGR-00021100.pdf

Case 22-1426, Document 59, 02/28/2023, 3475902, Page53 of 113 witness interviews, and take additional legal steps to obtain Epstein's computers if Epstein rejected the deal. - Id. at 60 ("Villafana...reiterated that she wanted to contact Epstein's assistants in New York and to interview some of Epstein's colleagues and former employees there"). - Id. at 68 (Feds considered charging Epstein under 18 USC 113(a)(5), simple assault on an airplane, indicating possible bases to charge him in other districts). - Id. at 69, 73, 75, 79-80 (Defense sought a government promise not to bring immigration proceedings against Epstein's assistants). The NPA and the OPR provide ample evidence that the agreement as to the co-conspirators was intended to bind other districts. In contrast, in Annabi, Abbamonte, Alessi, and Papa, there was a complete absence of any evidence showing an intent to bind other districts. 5. If it is reasonable to conduct a hearing, then Annabi is a tiebreaker that only applies if ambiguity remains after the hearing The language of the NPA and the evidence contained in the OPR are more than sufficient for the Court to find that the NPA bars the prosecution of Maxwell, particularly when any ambiguities are construed, as they must be, against the Government as drafter. In the alternative, however, the NPA and the circumstances of its execution merit discovery and an evidentiary hearing 38 DOJ-OGR-00021100