Federal Court Filing: Memorandum Of Ghislaine Maxwell (EFTA00099352)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. X 20 Cr. 330 (AJN) MEMORANDUM OF GHISLAINE MAXWELL IN SUPPORT OF MOTION TO DISMISS SUPERSEDING INDICTMENT FOR BREACH OF NON-PROSECUTION AGREEMENT Attorneys for Ghislaine Maxwell EFTA00099352 TABLE OF CONTENTS Page PRELIMINARY STATEMENT 1 STATEMENT OF FACTS 7 U The Structure of the NPA 8 B. The Negotiation of the NPA 11 ARGUMENT 12 I. The Indictment Should Be Dismissed for Breach of the NPA. 14 a Ms. Maxwell Has Standing to Enforce the NPA. 15 B. The NPA's Prohibition on Prosecution of Potential Co-Conspirators Is Not Limited to the SDFL. 18 1. The NPA is binding on the USAO in this District 18 2. United States v. Annabi does not alter the analysis. 19 1. There is an "affirmative appearance" that the co-conspirator immunity provision was intended to apply outside the SDFL 20 b. The Second Circuit's subsequent applic