Mega Edition: The DOJ Lights Ghislaine Maxwell Up In Their Response To Her Appeal Request (Part 1-3) (9/5/26)

0:00This is Ashley Akinetti from the almost famous podcast. You ever notice you and your spouse keep saying, we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resortpass.com. There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa, massage, without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking, this is exactly what I needed. So just go to resortpass.com, choose your resort, choose your day, luxury, resort, day passes, start at just $1,500. Once you post your daycation, people are going to ask where you are. Go to resortpass.com, slash almost famous and use the promo code almost famous to get $20 off when you spend $100. That's code almost famous at resortpass.com slash almost famous.

1:00Dave Roberts here, there you are, surrounded by fans, sharing wings, sharing drinks, high-fiving random strangers. Everybody remembers the game. Nobody remembers the guy coughing behind you until a few days later at 2 a.m., you wake up with the fever and your throat's on fire. Now what, urgent care, clothes, ER, slam, telehealth, maybe, but the pharmacy's closed. You needed a medical emergency kit. These aren't first aid kits. They contain essential prescriptions, used for over 30 common conditions, sinus and ear infection, UTIs, stomach bug, travelers diarrhea and more, on hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling or stranded, you'll wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcarekit.com slash blue. That's promo code blue at urgentcarekit.com slash blue.

2:01What's up everyone and welcome back to the Epstein Chronicles. In this episode, we're going to begin taking a look at the United States government and the brief in regard to Golan Maxwell's attempt to get an appeal. The United States Court of Appeals for the Second Circuit. Case number 22-1426. United States of America, versus Golan Maxwell, also known as Seal Defendant number one. The brief for the United States of America. Preliminary Statement. Golan Maxwell's appeal from a judgment of conviction entered on June 29th, 2022, in the United States District Court for the Southern District of New York by the honorable Alice in J. Nathan. The United States Circuit Judge sitting by designation following a four and a half week Jerry Trial. The superseding indictment S2 20 CR 330 AJN, the indictment, was filed on March 29th, 2021.

3:02In eight counts, count one charge Maxwell with conspiracy to entice minors to travel to engage in illegal sex acts in violation of US code 18, section 371. Count two charge Maxwell with the enticement of a minor in violation of 18 US code, section 2422 and two. Count three charge Maxwell with conspiracy to transport minors to engage in illegal sexual activity in violation of US code 18, section 371. Count four charge Maxwell with transportation of a minor with intent to engage in illegal sexual activity in violation of US code 18, section 2423A and two. Count five charge Maxwell with sex trafficking in violation of US code 18, section 371. Count six charge Maxwell with sex trafficking of a minor in violation of US code 18, section 1591A and B2 and two. Count seven and eight charge Maxwell with perjury

4:04in violation of US code 18, section 1623. Trial on counts one through six commenced on November 29th, 2021 and it ended on December 29th, 2021. When the jury found Maxwell guilty on counts one and three through six and acquitted Maxwell on count two. On June 29th, 2022, Judge Nathan sent his Maxwell to a term of 240 months in prison to be followed by five years supervised release and imposed a $750,000 fine and a $300 mandatory special assessment. Maxwell is serving her sentence. The statement of facts, a the government's case, the government's evidence to trial established that over the course of a decade, Maxwell facilitated and participated in the sexual abuse of multiple young girls from 1994 to 2004. Maxwell and Jeffrey Epstein worked together to identify girls, groom them and then entice them to travel and transport them

5:06to Epstein's properties in New York, Florida, New Mexico, and elsewhere. The girls, some of whom were as young as 14 years old, were then sexually abused, often under the guise of a massage. The evidence at trial included, among other things, the testimony of four women who describe the sexual abuse they suffered at the hands of Maxwell and Epstein. The testimony of former employees of Epstein and Maxwell, the testimony of law enforcement officers corroborating physical evidence, including photographs of and evidence recovered from searches of Epstein's residences and Maxwell and Epstein's black address book and other corroborating records, such as flight logs of Epstein's private planes and FedEx records. Beginning and approximately 1991, Maxwell had a close and intimate relationship with Epstein. Maxwell was Epstein's girlfriend for many years, until the early 2000s, after which Maxwell and Epstein remained close friends.

6:07For over a decade, Maxwell traveled with Epstein, a multi-millionaire, on his private planes and mingled with rich and famous people, while enjoying a life of extraordinary luxury. Maxwell and Epstein spent time together in Epstein's various properties, including his mansion on the Upper East Side of Manhattan, his villa in the Palm Beach, his ranch in New Mexico, his apartment in Paris, and his private island in the US Virgin Islands. Maxwell also received a townhouse at Epstein bought for in New York City and Epstein transferred more than $23 million to Maxwell during the time frame of the conspiracy. In addition to her role as Epstein's girlfriend, Maxwell also supervised Epstein's households as the lady of the house. Once she took charge Epstein's homes, she imposed strict rules for staff, some of which were included in a household manual dictating the operation of the Palm Beach residents. To protect her criminal activities from exposure, Maxwell fostered a culture of silence at Epstein's homes.

7:08The household manual made clear that staff were to see nothing, hear nothing, say nothing, except to answer a question directed at that staff member. Maxwell directed Juan Alessi, the former house manager of Epstein's Palm Beach Villa, to speak to Epstein only one spoken to and not to look Epstein in the eyes. This culture of silence provided cover from Maxwell and Epstein to sexually abuse young girls. In the early phase of the conspiracy between 1994 and 2001, Maxwell and Epstein identified vulnerable girls, typically from single mother households and difficult financial circumstances. Maxwell and Epstein then isolated the girls spending time with them away from their family and friends. During that time, they groomed the girls through techniques such as giving them gifts, pretending to be friends, and building trust. Maxwell and Epstein then normalized sexual situations and sexual touching. Finally, they transitioned to sexual abuse, often through the pretext of giving Epstein a massage.

8:09In the later phase of the scheme from 2001 through 2004, Maxwell and Epstein developed a stream of girls who were recruited other girls to visit Epstein at Palm Beach residents. Maxwell and Epstein paid young girls hundreds of dollars in cash in exchange for a meeting Epstein to be sexually abused under the pretext of giving Epstein a massage. Once a girl was introduced to these sexualized massages, she was offered more money if she brought other girls to engage in sexualized massages. The trial evidence focused on six girls who suffered abusive sexual contact as a result of Maxwell's criminal actions, Jane, Kate, Annie, Carolyn, Virginia, and Melissa. One, sexual abuse of Jane. Maxwell and Epstein met Jane in 1994 when she was just 14 years old at a summer camp for talented kids. Jane was particularly vulnerable as her father had just died, a fact that she had told both Epstein and Maxwell.

9:10And her family was struggling financially. Maxwell and Epstein cultivated a relationship with Jane, spending time with her at Epstein's Palm Beach home, and taking her to the movies and shopping. Maxwell and Epstein gave Jane gifts, and Jane came to look up to Maxwell like an older sister figure. Maxwell and Epstein sexually abused Jane starting when she was 14 years old. And the sexual abuse continued for years. When Jane was still only 14 years old, Maxwell and Epstein instructed Jane to follow them to Epstein's bedroom, where Maxwell and Epstein fondled each other, casually giggling while Epstein asked Jane to take her top off. After this sexual interaction, Maxwell and Epstein taught Jane how Epstein liked to be massaged and gave Jane instructions about touching Epstein's penis. Jane was repeatedly sexually abused by Epstein between the ages of 14 and 16 years old, and Maxwell was frequently in the room when the abuse happened. Over time, the abuse escalated as Epstein used vibrators on Jane,

10:12put fingers in Jane's vagina, and as Jane distradled his face. Maxwell sometimes touched Jane, including her breasts. During these incidents, Jane also traveled with Maxwell, who assisted Jane in making travel arrangements, and Epstein to Epstein's townhouse in New York City, his ranch in New Mexico, where she was sexually abused. Two, sexual abuse of Kate. Maxwell and Epstein, sexual abuse of Kate, started in 1994 around the same time that Maxwell and Epstein started sexually abusing Jane. After Kate, then 17 years old told Maxwell that she lived alone with her mother and had a difficult home life, Maxwell, introduced Kate to Epstein in London. Maxwell delivered Kate to a naked Epstein in Maxwell's own home for massages and told Kate to have a good time. During these massages, Epstein initiated sexual contact. Kate traveled to meet both Maxwell and Epstein in Palm Beach, the Virgin Islands and New York City

11:13between ages 18 and 24. Epstein initiated sexual activity with Kate every time she visited him. Maxwell brought up sexual topics with Kate, ranging from talking about how sexually demanding Epstein was to asking if Kate knew anybody who could come and give Jeffrey a blowjob to remarking that Epstein like cute, young, pretty girls like Kate. When Kate was approximately 18 years old, she visited Epstein in Maxwell and Palm Beach. Maxwell left a schoolgirl outfit for Kate and said it would be fun for Kate to wear it for Epstein. Kate alone in a place she had never previously visited complied. Epstein initiated sexual contact with Kate and engaged in a sex act with her. Later that day, Maxwell asked Kate if she had fun and told Kate she was a good girl. And one of Epstein's favorites. Epstein engaged in unwanted sexual activity with Kate multiple times during the same trip. Number three, sexual abuse of Annie Farmer.

12:16Maxwell also took steps to normalize sexual contact with Annie Farmer, who was then 16 years old. Annie first met Epstein on a trip to New York where she and her older sister visited Epstein's Manhattan townhouse and during which Epstein began to groom Annie by stroking her hand in leg while watching a movie with her. In the spring of 1996 Annie's mother at Epstein's request, agreed to send Annie to Epstein's ranch in New Mexico for a retreat for a group of students who were academically gifted. Annie felt more comfortable going once she understood that Maxwell a grown woman in her romantic relationship with Epstein would be there. During the New Mexico trip, Maxwell took steps to normalize sexual contact under the rules of massage. Maxwell instructed Annie to hold Epstein's foot and showed her how to give Epstein a foot massage. Maxwell then offered to give Annie a massage. After telling Annie to get undressed, Maxwell gave Annie a massage on a massage table

13:16while Annie was naked. During the massage, Maxwell directed Annie to roll over so that Annie was laying on her back. After Annie complied and rolled to her back, Maxwell pulled the sheet down and exposed Annie's breasts. Then while Annie was naked, Maxwell rubbed Annie's breasts. During this same trip to New Mexico, Epstein later got into Annie's bed, cuddled with her, pressed his body into her and rubbed against her. But when Annie managed to extricate herself from the situation by running to the bathroom, thereby denying Epstein further sexual contact, Maxwell seemed very disinterested in Annie for the remainder of the trip. All right, we're gonna wrap up part one here and in the next episode we're gonna pick up where we left off and that's with the sexual abuse of Virginia Roberts. All of the information that goes with this episode can be found in the description box. What's up everyone and welcome back to the Epstein Chronicles. We're gonna pick up where we left off with the US government's brief in response to Glean Maxwell's attempt at an appeal.

14:18This is Ashley Akinetti from the almost famous podcast. You ever notice you and your spouse keep saying, we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resortpass.com. There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa, massage, without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking this is exactly what I needed. So just go to resortpass.com, choose your resort, choose your day, luxury resort, day passes start at just $1,500. Once you post your daycation, people are gonna ask where you are. Go to resortpass.com slash almost famous and use the promo code almost famous to get $20 off when you spend $100. That's code almost famous at resortpass.com slash almost famous.

15:19Dave Roberts here, there you are, surrounded by fans, sharing wings, sharing drinks, high-fiving random strangers. Everybody remembers the game. Nobody remembers the guy coughing behind you until a few days later, at 2 a.m., you wake up with a fever and your throats on fire. Now what, urgent care, close, ER, slam, telehealth, maybe, but the pharmacies close. You needed a medical emergency kit. These aren't first aid kits. They contain essential prescriptions used for over 30 common conditions, sinus and ear infection, UTIs, stomach bug, travelers diaria and more, on hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling, or stranded, you wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcarekit.com slash blue. That's promo code blue at urgentcarekit.com slash blue.

16:20Number four, the sexual abuse of Virginia Roberts. Beginning in or about the summer of 2000, Maxwell and Epstein entered into a new phase of their scheme to sexually abuse teenage girls. That summer Maxwell recruited a 17-year-old girl named Virginia Roberts from the parking lot of Amara logo to provide Epstein with massages. Over the next several months, Virginia was paid to provide Epstein with sexualized massages at his Palm Beach residence in exchange for hundreds of dollars in cash for each massage. Virginia also traveled with Epstein and Maxwell to other locations, including New York and the Virgin Islands on Epstein's private plane. Virginia brought other teenage girls to Epstein's Palm Beach house. One of those girls was 14-year-old girl, named Carolyn, who Virginia introduced to Maxwell and Epstein at the Palm Beach Villa in 2001. Five, the sexual abuse of Carolyn. Carolyn met Maxwell the very first time she went to Epstein's house

17:21and she interacted with Maxwell multiple times thereafter. On Carolyn's first visit to the house, Maxwell greeted Virginia, who introduced Carolyn to Maxwell. Maxwell then told Virginia, you can bring her upstairs and show her what to do. After Virginia showed Carolyn had a perform sexual massages on Epstein, thereafter Carolyn performed over 100-page sexualized massages for Epstein when she was between 14 and 18 years old. The vast majority involved the same course of abuse through which Epstein masturbated, touch Carolyn's breasts and buttocks and directed Carolyn to touch his nipples. Epstein also attempted to touch Carolyn's vagina with a vibrator, brought other females into the room to engage in oral sex with Carolyn and rape Carolyn by penetrating her vagina with his penis. At first, Maxwell personally scheduled Carolyn's appointments with Epstein, including all phone calls from New York and sometimes sent a car to pick Carolyn up because she was too young to drive.

18:22Maxwell also engaged Carolyn in conversations during which Carolyn revealed that she had previously been sexually abused by a relative, that her parents were separated and that her mother struggled with addiction. Maxwell invited Carolyn to travel with Maxwell and Epstein, but Carolyn responded that because she was only 14 years old, she would not be able to get permission to travel. Carolyn was paid several hundred dollars in one hundred dollar bills after each massage and Carolyn also received gifts of lingerie from Epstein and Maxwell shipped from Manhattan to her home in Florida. Usually the money was laid out on the table or by the sink in the bathroom, but Maxwell personally paid Carolyn after a few massages. Maxwell saw Carolyn fully nude in the massage room on approximately three occasions when Carolyn had already undressed in preparation for the massage, but before Epstein entered the room. On one such occasion when Carolyn was 14 years old, Maxwell told Carolyn that she had a nice body

19:23and touched Carolyn's breasts. At some point Epstein asked Carolyn if she had any young friends that she could bring for massages. Carolyn ended up bringing multiple girls to Epstein for sexualized massages, including multiple minors. When Carolyn brought girls to massage Epstein, both the girl and Carolyn would be paid hundreds of dollars in cash. Number six, sexual abuse of Melissa. One of the minor girls Carolyn brought to provide paid sexualized massages to Epstein was a 16 year old girl named Melissa. Melissa went to Epstein's residence to provide Epstein with massages on multiple occasions when she was under the age of 18. When Melissa and Carolyn went to the Palm Beach House, they remained in the home for about an hour and then returned with hundreds of dollars in cash. B, the defense case, verdict and sentencing. Maxwell called nine witnesses in her defense case, including former employees and associates, as well as an expert on memory.

20:23On December 29th, 2021, the jury found Maxwell guilty of counts one, three, five, four, and six. On April 1st, 2022, Judge Nathan denied Maxwell's motion for a new trial pursuant to FedR rule of criminal procedure 33 based on a jurors provision of inaccurate information during jury selection as discussed in greater detail and point three. On April 29th, 2022, Judge Nathan denied all but one of Maxwell's remaining post trial motions. Judge Nathan found that the three conspiracy counts count one, three and five were multiplicitous and that she, therefore, would enter judgment on count three alone among the conspiracy counts. On June 29th, 2022, Judge Nathan sent and Maxwell to 60 months imprisonment on count three, 120 months imprisonment on count four and 240 months imprisonment on count six. All to run concurrently to be followed by five years supervised release and imposed a $750,000 fine

21:27and a $300 mandatory special assessment. Argument.1. The district court correctly concluded that Jeffrey Epstein's non-prosecution agreement does not bar Maxwell's prosecution in the Southern District of New York. In 2007, the US Attorney's Office for the Southern District of Florida entered into a non-prosecution agreement with Jeffrey Epstein. Maxwell argues at this agreement, which neither she nor the US Attorney's Office for the SDNY signed nevertheless bars her prosecution in the Southern District of New York in this case. And she twice sought dismissal of the charges in the indictment on that ground. The district court denied the motions to dismiss, correctly recognizing that Maxwell's argument is precluded by the text of the agreement and the court's longstanding precedent. Accordingly, this court should affirm the denial of the motion to dismiss. The relevant facts. In 2005, the Palm Beach Police Department in Florida opened an investigation into Epstein on the complaint

22:30of the parents of a 14-year-old girl. The Palm Beach Police ultimately brought the investigation to the federal Bureau of Investigation in West Palm Beach, which it turned, opened an investigation with the US Attorney's Office for the Southern District of Florida. That investigation culminated in a draft 60-page indictment proposing to charge Epstein for the sexual abuse of multiple victims. In 2007, the US AO, SDFL, and Epstein entered into a non-prossecution agreement. The agreement was signed on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida. Under the terms of the NPA, Epstein agreed to plead guilty in a pending Florida state case and to receive a sentence of at least 18 months in prison and 12 months community control. He also consented to jurisdiction in the Southern District of Florida for civil suits involving victims specified by the US AO, SDFL, among other terms. In exchange, US AO, SDFL, agreed to defer prosecution

23:34in the district. Once Epstein completed his half of the bargain, the NPA provided that no prosecution for the offenses then under investigation by the federal bureau of investigation and the US Attorney's Office will be instituted in this district. The NPA also provided that if Epstein complied with the agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to four named individuals, none of whom was Maxwell. Indeed, Maxwell was neither a party to the agreement nor involved in negotiating its terms. This provision appears to have been added with little discussion or consideration by the prosecutors. The NPA continues that upon execution of this agreement and the plea agreement with the State's Attorney's Office, the federal grand jury investigation will be suspended. The agreement was executed on September 24th, 2007

24:35and Epstein pled guilty and state court on June 30th, 2008. In 2019, the Department of Justice Office of Professional Responsibility conducted an investigation into the negotiations surrounding the NPA and issued a 290-page report containing detailed, factual findings. After the US Attorney's Office for the Southern District of New York, charge Maxwell in this case and the Southern District of New York, she twice moved to dismiss the charges on the grounds that they were barred by the NPA. The District Court denied the motions, concluding that the NPA does not bind the USAO SDNYB, applicable law. The Court has long held that a plea agreement binds only the Office of the United States Attorney for the District in which the plea is entered unless it affirmatively appears that the agreement contemplates a broader restriction. United States versus NAB 771, F.2D 67670, 672, Second Circuit 1985,

25:36Accord EG, United States vs. Prisco 391 F, Appendix 920, 921, Second Circuit 2010, United States versus Salome 152 F3D 88 120, Second Circuit 1998. The requisite affirmative appearance may be established by an express statement in the plea agreement or it may be inferred from the negotiations between the defendant and the prosecutor, as well as from the statements at the plea colloquy. United States versus Russo 801 F.2D 624, 626, Second Circuit 1986. This Court reviews denoval both the denial of emotion to dismiss an indictment and the interpretation of a plea agreement. United States versus Montoggs 67F, 4th, 52527, Second Circuit 2023, United States versus Padilla 186 F.3D 136 139,

26:36Second Circuit 1999. This Court reviews for abuse of discretion, district courts denial of an evidentiary hearing before ruling on emotion to dismiss. United States versus Walters 910 F.3D 1122 28, Second Circuit 2018, United States versus Greenberg 835 F.3D 295 305, Second Circuit 2016. See, discussion. The district court correctly rejected Maxwell's argument that the NPA bars this prosecution. Maxwell has no right to invoke the protections of the NPA because she is neither a party to nor a third party beneficiary of the agreement. But even if Maxwell had standing under the NPA, it would not bar this prosecution because it was plainly intended to bind only the US-AO-SDFL. Thus Judge Nathan rightly concluded that under longstanding Second Circuit precedent,

27:37the NPA does not bind US-AO-SDNY. Accordingly, this Court should affirm the denial of Maxwell's motions to dismiss. This is Ashley Akinetti from the Almost Amos Podcast. You ever notice you and your spouse keep saying, we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resortpass.com. There are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa, massage, without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking, this is exactly what I needed. So just go to resortpass.com, choose your resort, choose your day, luxury resort day passes, start at just $1,5. Once you post your daycation, people are gonna ask where you are. Go to resortpass.com, slash almost famous and use the promo code almost famous

28:38to get $20 off when you spend $100. That's code almost famous at resortpass.com slash almost famous. Dave Roberts here, there you are, surrounded by fans, sharing wings, sharing drinks, high-fiving random strangers. Everybody remembers the game. Nobody remembers the guy coughing behind you until a few days later, at 2am, you wake up with the fever and your throat's on fire. Now what, urgent care, close. ER, slam, telehealth, maybe, but the pharmacy's closed. You needed a medical emergency kit. These aren't first aid kits. They contain essential prescriptions, used for over 30 common conditions, sinus and ear infection, UTIs, stomach bug, travelers diaria and more. On hand before you need them. Use your doctor-developed guidebook to select the right prescription or call their telemedicine doctor standing by. It's like an urgent care and drugstore at home. When you're sick, traveling or stranded, you'll wish you ordered a medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue

29:39at urgentcarekit.com slash blue. That's promo code blue at urgentcarekit.com slash blue. All right, we're gonna wrap up this episode here and then the next episode we're gonna pick up where we left off and that's with Maxwell is not entitled to enforce the NPA. All of the information that goes with this episode can be found in the description box. What's up everyone and welcome back to the Epstein Chronicles. In this episode, we're gonna continue on taking a look at the United States government's brief in response to delay in Maxwell's attempt to appeal her sentence. One, Maxwell is not entitled to enforce the NPA. As an initial matter, Maxwell has no right to invoke the protections of the NPA. Maxwell was not a signatory of the agreement while the third party beneficiary doctrine is a tenant of contract law. Its application to plea agreements under federal law is a separate question because plea agreements differ from commercial contracts in meaningful respects.

30:42United States versus Feldman, 939 F.3D 182 189 second circuit 2019. We have long recognized that plea agreements are significantly different from commercial contracts. It's doubtful that a third party beneficiary can enforce a plea agreement. See United States versus Lopez, 944 F.2D 3337 for a circuit 1991 observing that we are unaware of authority supporting application of a third party beneficiary principles to a plea agreement in a criminal case. United States versus Mariamma Viju, number 15 CR 240 2016 WL 107 841 at four. And D. Texas, January 11th, 2016, explaining that the right to enforce a plea deal does not exist for its own sake, rather it is a means to achieve fairness in plea bargaining and enforcement by third parties adds nothing to protecting the defendant's rights.

31:42In any event, even under the third party beneficiary law on which Maxwell relies, she would have to show that the original parties intended the agreement to directly benefit her. As a third party, United States versus Wilson, 216 TNF dot 3D 645 663 7 circuit 2000, assuming without deciding that third party could enforce immunity agreement. See also United States versus Florida international airways incorporated 853 FSU Pp 2D 1209 1228 SD Florida 2012. Third party must show that a direct and primary object of the contracting parties was to confer a benefit on the third party, quoting Bochie's versus town of Ponce inlet 405 F dot 3D 964 982 11 circuit 2005 here Maxwell has failed to make the requisite showing. She is not named in the provision, naming for a potential co-conspirators

32:43and she has offered no evidence that the parties to the NPA intended to confer a benefit on her specifically. Accordingly Maxwell may not enforce the NPA. Two, the NPA's terms bind only the US AO SDFL. Even if Maxwell had a right to invoke the NPA's protections, it would not bar the charges in this case. By its terms, the NPA only applies to prosecutions brought by the US AO SDFL. The agreement was signed on the authority of Alexander Acosta, United States Attorney for the Southern District of Florida and in exchange for Epstein's plea and state court, the US AO SDFL agreed to defer a prosecution in this district. That is the Southern District of Florida. The US AO SDFL further promised that no prosecution by the federal bureau of the investigation and the US Attorney's Office will be instituted in this district. In agreement by the US AO SDFL,

33:44not the prosecute Epstein and Southern District of Florida is an agreement intended to apply only to the US AO SDFL and only to the Southern District of Florida. Moreover, the agreement was signed by officials of the US AO SDFL and no other components of the Department of Justice. Accordingly, the plain terms of the NPA may clear that the agreement only binds the US AO SDFL. Maxwell's argument that the NPA binds the US AO SDNY relies on a separate provision of the agreement, which says that the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to a list of four individuals does not include the defendant. But her argument that the term United States means the entire federal government requires the term to be read in isolation. As Judge Nathan explained, terms like the United States or the government

34:46are common shorthand for a single US attorney's office and the plea agreement need not painstakingly spell out the office of the United States attorney for such and such district in every instance to make clear that it applies only to the district where it was signed. See Salome 152 F dot 3D at 120, the mere use of the term government in the plea agreement does not create an affirmative appearance that the agreement contemplated barring districts other than the particular district entering into the agreement, United States vs. Gonzales 93 F dot A P E P X 268 270 second circuit 2004. Although paragraph 12 B uses the term United States rather than the term government, this is a distinction from our prior case law without difference. Reading the MPA as a whole confirms that conclusion. The very next sentence of the agreement states that the federal grand jury investigation will be suspended.

35:46The grand jury investigation is the one that US A O SDFL agreed to defer in the same agreement and not any potential federal grand jury investigations and other districts. Furthermore, the NPA elsewhere refers to the United States on occasion that could only mean the US A O SDFL. For instance, the NPA commits the United States, that is the US A O SDFL to providing Epstein with a list of victims. A 177, the United States shall provide Epstein's attorneys with a list of individuals who may as identified as victims. Another provision states that the NPA will not be made part of the public record and commits the United States again, the US A O SDFL to providing notice to Epstein if it receives a Freedom of Information Act request requiring disclosure of the agreement. A 178, the mere fact that the co-conspirators provision of the NPA use the phrase United States rather than US

36:47attorney's office is not evidence that the parties intended and unusually broad immunity provision. See, Kirstang versus John Wiley and Suns Incorporated, 568 US 519 540 2013. We are not aware, however, of any canon interpretation that forbids interpreting different words used in different parts of the same statute to mean roughly the same thing. As Judge Nathan concluded, given the repeated limitations of the commitments in the NPA to the US A O SDFL, including the commitment not to prosecute Epstein, it's not plausible that the parties intended to drastically expand the agreement's scope in the single sentence on the prosecution of co-conspirators without clearly saying so. Maxwell also points to the NPA provision, stating that Epstein seeks to resolve globally his state and federal criminal liability. Based on that statement, Maxwell argues that Epstein's purpose in negotiating the NPA was to obtain a global resolution

37:49that would among other things provide maximum protection for any alleged co-conspirators. But the cited provision only says that Epstein sought to resolve his liability not anyone else's. Furthermore, under Maxwell's reading, Epstein bargained for a truly global resolution only for his co-conspirators and limited his own global resolution expressly to the US A O SDFL. There is no reason to believe that Epstein expressly sought and obtained broader immunity for his co-conspirators than he did for himself. Lacking any support in the text of the NPA itself, Maxwell attempts to show the NPA applies here based on the negotiations between defendant and prosecutor. Russo 801 F.2D at 626. In particular, Maxwell claims that the negotiating history of the NPA shows that senior levels of main justice were directly involved in the negotiation and approval of the NPA, even to the extent that the separate presentations were made to

38:50and approval of the NPA was obtained from the office of the deputy attorney general. This assertion, however, mischaracterizes the record and further underscores the absence of any senior approvals in negotiating the NPA. The pages to which Maxwell cites described activities after the NPA was signed in which justice department officials in Washington refused to believe Epstein of his obligations under the NPA. The OPR report reflects that the obvious of the deputy attorney general reviewed the NPA, but only after it was signed when Epstein tried to get out of it. Even then, however, those officials did not approve the NPA. Statement by the Assistant Attorney General that she did not review approved the agreement, either before or after it was signed. The department, however, only reviewed the issue of federal jurisdiction and never reviewed the NPA or any specific provisions. Maxwell also cobbles together instances in which the US-AO, SDFL, and the FBI in Florida

39:50enlisted the assistance of other components of the federal government or considered acting outside of Florida, such as the US-AO SDFL's contact with witnesses in New York, these disparate and unconnected events do not show the US-AO SDFL acted on behalf of the entire federal government when entering into the NPA or that Epstein understood, the US-AO SDFL, to be doing so. Maxwell also advances several arguments attempting to minimize or sidestep the court's precedent. For example, Maxwell argues that Anneby applies only if the charges in the indictment are sufficiently distinct from the counts resolved by the earlier agreement. Not so. The relevant portions of Anneby concerned an argument by the defendants that in seeking to have a plea agreement in the Eastern District of New York bar the pending charges in the Southern District of New York, they were seeking only the same protection accorded by the double jeopardy clause, 771, F.2D at 672.

40:53This court rejected that argument, reasoning that even if the double jeopardy clause applied, notwithstanding, to the defendants that were never in jeopardy on those charges in the Eastern District, the defendants would not be entitled to relief because the pending charges extended for an additional two years, and thus were not the same charges that were dismissed. Thus, Anneby did not hold that its rule, that a plea agreement, binds only the office of the United States attorney for the district in which the plea is entered, unless it affirmatively appears that the agreement contemplates a broader restriction, applies only if the charges are sufficiently distinct, and as Judge Nathan recognized, no subsequent second circuit case, applying Anneby has so held. Next Maxwell argues that this court should disregard its own precedence and instead apply 11th Circuit Law because the MPA was negotiated in Florida, with Southern District of Florida prosecutors in exchange, perhaps Dean's agreement, to plead guilty in Florida State Court.

41:54But this court has consistently applied Anneby, even when considering plea agreements from out of district districts. Prisco 391 F at 921 District of New Jersey, United States vs. Asheroff 320 26 28, second circuit 2009 Eastern District of Virginia, Gonzalez 93 F appendix at 270 District of New Mexico, United States versus Brown number 99 1230 L 2002 WL 3424 994 at 2, 30 L 2002 WL 3424 4994 at 2, second circuit 2004 Southern District, Florida. These decisions are consistent with choice of law principles in criminal cases where the governing law is always that of the forum state and the forum court has jurisdiction. American conflicts law 375 5th edition 2021 see to attorney client privilege in the United States section 1210. Choice of law scholars have long recognized that criminal law local in nature and it settled that in criminal prosecutions.

42:56The court will routinely apply the substantive law of the forum. American conflicts law 390. In any event 11 circuit law would not support Maxwell's claim Maxwell does not cite any 11 circuit decisions addressing when one US attorney's office is bound by a plea agreement with another US attorney's office. This is Ashley I can Eddie from the almost famous podcast you ever notice you and your spouse keep saying, we need to get away, but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resort pass calm. There are hundreds of hotel resorts pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool spa massage without booking an overnight stay. And listen, I may have only been like 15 minutes from home, but it felt like it was a whole different world. And I'm thinking this is exactly what I needed. So just go to resort pass calm, choose your resort, choose your day luxury resort day passes start at just $1,

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45:03medical emergency kit. Order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgentcare kit.com slash blue. That's promo code blue at urgentcare kit.com slash blue. But in context, the 11 circuit held at a US attorney's promise made in a plea agreement that a criminal defendant would not be deported was unenforceable because US attorney lacked authority to make that promise. San Pedro versus United States 79 FD 1065 1072 11 circuit 1996 in the 11 circuit were to apply the reasoning of San Pedro to the issue in this case. It would likely reach the same result because US attorneys only has authority to act within his district. US code 28 section 547 and must seek the approval of each affected US attorney's office before entering into any non-prosecution agreement that reports to bind another district. See Justice Manual section 9 27.641. No district or division shall make any agreement

46:08including any agreement not to prosecute which reports to bind any other district or division without the approval of the United States attorneys in each affected district and or the appropriate assistant attorney general. Finally Maxwell devotes much of her brief to criticizing a knobby, but this court's rule is sound as it ensures that a criminal defendant or even as here a co-conspirator will not receive the windfall of immunity that was never intended by the parties to the original agreement while leaving parties free to enter into legitimate multi-district resolutions if they wish. Nor has Maxwell's parade of horribles come to pass in the decade since an obby was decided. Furthermore, the same rule has long been applied in the seven circuit. See Thompson versus United States 431 appendix 491 493 seven circuit 2011 United States versus Rorque 74 F.3D 802 807 N.5 seven circuit 1996 in any event this court need not engage in a point by a point analysis

47:14of the merits of an obby because it remains binding precedent. See United States versus Wilkerson 361 F.3D 777 732 second circuit 2004 thus Epstein's NPA with the USAO SDFL does not bar this prosecution of Maxwell and judge Nathan correctly denied the motions to dismiss. All right we're going to wrap up right here and then the next episode will pick up where we left off and that's with the district court did not abuse its discretion and declining to conduct a hearing. All of the information that goes with this episode can be found in the description box. This is Ashley Akinati from the Almost Amos podcast. You ever notice you and your spouse keep saying we need to get away but you never actually plan anything. That was us until we did something fun and spontaneous. We went to resort pass.com there are hundreds of hotel resorts, pools and spots and private beaches that you can enjoy. You can spend the day at a luxury resort, pool, spa,

48:18massage without booking an overnight stay and listen I may have only been like 15 minutes from home but it felt like it was a whole different world and I'm thinking this is exactly what I needed. So just go to resort pass.com, choose your resort, choose your day, luxury, resort day passes start at just $25. Once you post your daycation people are going to ask where you are. Go to resort pass.com slash almost famous and use the promo code almost famous to get $20 off when you spend $100. That's code almost famous at resort pass.com slash almost famous. Dave Roberts here there you are surrounded by fans sharing wings sharing drinks high-fiving random strangers everybody remembers the game nobody remembers the guy coughing behind you until a few days later at 2 a.m. you wake up with the fever and your throats on fire now what urgent care close ER slam telehealth maybe but the pharmacies close you needed a medical emergency kit these aren't

49:18first aid kits they contain essential prescriptions used for over 30 common conditions sinus and ear infection UTIs stomach bug travelers diarrhea and more on hand before you need them use your doctor develop guidebook to select the right prescription or call their telemedicine doctor standing by it's like an urgent care and drugstore at home when you're sick traveling or stranded you wish you ordered a medical emergency kit order online in minutes and it's shipped to your door and say $45 with my promo code blue at urgent care kit dot com slash blue that's promo code blue at urgent care kit dot com slash blue