Who in the Federal Government is Bound by a Plea Agreement?

November 1, 2024  |  New York Law Journal

Federal plea agreements are commonly made with a single U.S. Attorney’s Office, and sometimes the language is not clear as to whether the agreement binds only that Office, or other U.S. Attorneys around the country.  That issue was addressed recently in United States v. Maxwell, 118 F.4th 256 (2d Cir. 2024), in which the Second Circuit held that a 2007 non-prosecution agreement between U.S. Attorney ‘s Office for the Southern District of Florida and Jeffrey Epstein did not shield Ghislaine Maxwell from charges brought by prosecutors in the Southern District of New York.  In their latest article for the NYLJ, “Who in the Federal Government is Bound by a Plea Agreement?,” Morvillo Abramowitz Grand Iason & Anello partners Elkan Abramowitz and Jonathan S. Sack analyze how the Second Circuit interpreted the meaning of “the United States” in Maxwell, and how other circuits have addressed the same legal issue, resulting in a split in the circuits. 

Who in the Federal Government is Bound by a Plea Agreement? (pdf | 195.14 KB)