DOJ-OGR-00004275.pdf

--- Page 1 --- The extracted text is: **Header:** Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 10 of 32 **Main Text:** (Dkt. 207 at 6 (quoting NPA)). The Court has further concluded that the NPA's co-conspirator provision covers "any involvement of [Ms.] Maxwell" in any of these same three categories of offenses. (Id. at 7). There can be no serious dispute that the sex trafficking offenses charged in Counts Five and Six were investigated as part of the Florida Investigation and fall squarely within the three categories of immunized offenses that are covered by the NPA. Moreover, because Counts Five and Six are based on the exact same allegations from the very same accuser that were previously investigated and presented to the grand jury as part of the Florida Investigation, Annabi and its progeny do not apply and the NPA is binding on the USAO-SDNY as to these offenses. Accordingly, Counts Five and Six must be dismissed. Moreover, because Counts One and Three incorporate the same conduct from Counts Five and Six for which Ms. Maxwell cannot be prosecuted under the NPA, they must also be dismissed. **Section A:** Counts Five and Six Allege the Same Offenses that Were Part of the Florida Investigation and Are Covered by the Plain Terms of the NPA. The plain terms of the NPA preclude Ms. Maxwell's prosecution on Counts Five and Six because they allege conduct that falls within the date range specified in the NPA and charge specifically enumerated offenses that were part of the Florida Investigation. Count Five alleges that "[f]rom at least in or about 2001 up to and including in or about 2004," Ms. Maxwell conspired with Epstein to violate 18 U.S.C. § 1591(a), the law prohibiting sex trafficking of minors. (S2 Indictment 22-25). Count Six alleges that during the same time period, Ms. Maxwell committed a substantive violation of the same statute. (Id. 26-27). The NPA bars prosecution for Ms. Maxwell's involvement in "any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007 including five enumerated offenses." (Dkt. 207 at 6 (internal quotations omitted); see also id. at 7 (NPA covers, among other things, "any involvement of Maxwell in offenses committed by") **Footer:** DOJ-OGR-00004275