The Plea Agreement
In a standard plea agreement, the government files criminal charges, the defendant pleads guilty to some charges, and the plea agreement specifies terms in exchange for the plea.
The Non-Prosecution Agreement
An NPA is different: the government agrees not to file charges at all, without requiring a formal guilty plea. The defendant typically fulfills conditions (cooperating, paying fines, pleading in state court) in exchange for no federal prosecution.
Why NPAs Exist
NPAs are sometimes appropriate to incentivize cooperation, avoid uncertainty of trial, or address situations where prosecution would cause disproportionate harm. They are most common in white-collar cases.
The Epstein NPA
The Epstein NPA was unusual in multiple ways:
- It was for a sex trafficking case rather than typical white-collar matter
- It included a co-conspirators immunity clause rarely seen
- It was negotiated in secret without victim notification
- It included the unusual clause that the deal was binding in federal districts beyond SDFL
The NPA’s Limitations
The federal court later found the NPA violated the Crime Victims’ Rights Act. The NPA was also geographic it covered only SDFL federal prosecution, which is why SDNY was able to proceed in 2019.