The 2007 NPA granted Epstein immunity from federal prosecution, explicitly including “any potential co-conspirators.” However, courts have ruled that this immunity only applied within the jurisdiction of the Southern District of Florida, which negotiated the deal. The Second Circuit Court held that the agreement did not bind other U.S. Attorney’s Offices, such as the Southern District of New York (SDNY), where Ghislaine Maxwell was later tried—and upheld her prosecution despite the NPA’s language. This is because prosecutors in different districts are not automatically constrained by deals made in Florida.

Prosecutors themselves have highlighted the absurdity of a scenario where Epstein could potentially still face prosecution in another district, while his co-conspirators remain untouchable nationwide. In a Supreme Court filing, the Justice Department stressed how logically inconsistent—and legally bizarre—it would be if a defendant could be pursued in District A, but their collaborators remain immune everywhere else due to an out-of-state agreement. The broader principle endorsed by courts is that NPAs do not grant blanket immunity beyond their originating district.

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source:

https://lawandcrime.com/high-profile/sdny-rejects-absurd-notion-that-jeffrey-epsteins-non-prosecution-agreement-still-protects-ghislaine-maxwell/

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