What is a Non-Prosecution Agreement and how does it differ from a plea deal?

A Non-Prosecution Agreement (NPA) is a contract between a prosecutor’s office and an individual or company in which the government agrees not to file criminal charges in exchange for conditions such as payment, cooperation, or rehabilitation. Unlike a plea deal, an NPA does not involve the defendant pleading guilty to any charge. In Epstein’s case, the federal NPA was unusual for several reasons: it immunized not just Epstein but also unnamed potential co-conspirators, it was kept secret from victims in violation of the CVRA, and it allowed Epstein to plead to state charges (not federal charges). Judge Marra ruled in 2019 that the NPA violated the CVRA.