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Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 18 of 349
2. The Subjects’ Explanations for the Decision to Offer Epstein
a Sentence with a Two-Year Term of Incarceration... eeeeeeteeeeees
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 15 of 349
that the victims were not treated with the forthrightness and sensitivity expected by the
Department.
VI. ORGANIZATION OF THE REPO
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 11 of 349
investigate, litigate, or provide legal advice.? OPR also has jurisdiction to investigate allegations
of misconduct against Depart
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 10 of 349
carefully considered the comments and made changes, or noted comments, as OPR deemed
appropriate; OPR did not, however, alter its f
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 8 of 349
Secretary of Labor. In a brief oral statement, Acosta explained that continued media attention on
his handling of the Epstein invest
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 5 of 349
NPA required Epstein to plead guilty in state court to the then-pending state indictment against
him and to an additional criminal i
Case 1:20-cr-00330-PAE Document 293-1 Filed 05/25/21 Page 7 of 349
abuse of minors. The Miami Herald report led to public outrage and media scrutiny of the
government’s actions.*
On February 21, 201
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 29 of 32
Maxwell had been indicted and publicly vilified in the press as Epstein’s primary accomplice,
did Accuser-4 suddenly allege for the ve
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 28 of 32
(5) The dates when, and locations where, Ms. Maxwell allegedly paid
Accuser-4 “hundreds of dollars in cash.” Ud. 99 9d, 25a).
(6) T
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 27 of 32
time period from 2001-2004. The counts do not specify, however, the dates that any of this
alleged conduct occurred. For example, th
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 26 of 32
incorporated into the broader Mann Act conspiracies charged in Counts One and Three. (/d.
1-9, 11-13, 16-19). For the same reasons dis
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 24 of 32
evidence, that there are in fact two distinct conspiracies and that the defendant is not being
placed in jeopardy twice for the same
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 25 of 32
government. (Dkt. 207 at 9-13). Ms. Maxwell nevertheless preserves her argument and reasserts
it with respect to Counts Five and Six o
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 23 of 32
specified in the NPA, Epstein had to fulfill a series of terms and conditions. These included: (1)
pleading guilty in Florida state
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 21 of 32
a non-prosecution agreement with another district would be a miscarriage of justice. See United
States v. Carter, 454 F.2d 426, 427-28
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 20 of 32
progeny do not control.* The Court should instead follow Gebbie and find that NPA precludes
the USAO-SDNY from charging Counts Five
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 19 of 32
agreement bind the Western District of Pennsylvania and bar it from charging the same offenses
in a subsequent prosecution? The Cour
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 18 of 32
reasoning, Annabi does not apply in these circumstances, nor do subsequent Second Circuit cases
that applied the Annabi rule. See, e.g
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 16 of 32
SDNY, from prosecuting Epstein’s “potential co-conspirators” for the offenses covered by the
NPA.’
In Annabi, the defendants were a
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page17 of 32
Southern District of New York indictment because they arose out of “the same conspiratorial
agreement that underlay the charges dismi
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 15 of 32
ago when the events were still recent.° Accordingly, because the USAO-SDNY is bound by the
terms of the NPA as to the offenses charged
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 14 of 32
Maxwell, who called Accuser-4 from New York to schedule massage appointments. (Ex. C at
17:18-22, 25:1-6). It was Epstein, not Ms. M
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 12 of 32
engage in commercial sex acts knowing that [Accuser-4] was under 18”)).° Pursuant to the
terms of the NPA, the proposed indictment was
Case 1:20-cr-00330-PAE
Document 293
Filed 05/25/21 Page 13 of 32
at § 25a).
Recruiting Others
“Epstein ... encouraged [Accuser-4] to recruit
other young females to provide sexualized
massages[.]”
Case 1:20-cr-00330-PAE Document293 _ Filed 05/25/21 Page 10 of 32
(Dkt. 207 at 6 (quoting NPA)). The Court has further concluded that the NPA’s co-conspirator
provision covers “any involvement of [Ms
Case 1:20-cr-00330-PAE Document 293 _ Filed 05/25/21 Page 11 of 32
Epstein from 2001 to 2007”)). Thus, the time period alleged in both Counts Five and Six falls
squarely within the date range covered
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 8 of 32
as to the S1 Indictment counts. However, Annabi, by its own terms, is inapposite to the
circumstances of this case, where one federal d
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 7 of 32
conspiracies (Counts One and Three) to 2004 based entirely on Accuser-4’s allegations. But
these offenses are the exact same offenses t
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 6 of 32
ee. facilitated her sexual abuse, and it was | Epstein himself—not
Ms. Maxwell—who purportedly called her to schedule massage appointm
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page5of32
PRELIMINARY STATEMENT
Ghislaine Maxwell respectfully submits this Omnibus Memorandum in Support of her
Supplemental Pretrial Motions Rela
Case 1:20-cr-00330-PAE Document 293 Filed 05/25/21 Page 1 of 32
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
S2 20 Cr. 330 (AJN)
V.
GHISLAINE MAXWELL,
Defen
Case 1:20-cr-00330-PAE Document 292 Filed 05/25/21 Pagelof2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
eee eee a ee 2 ee =e x
UNITED STATES OF AMERICA,
S2 20 Cr. 330 (AJN)
v.
GHISLA
Case 1:20-cr-00330-PAE Document 291 Filed 05/21/21 Page2of13
Page 2
e The parties shall simultaneously file proposed jury questionnaires and proposed
voir dire 3 weeks in advance of jury selection,
Case 1:20-cr-00330-PAE Document 289 Filed 05/21/21 Pagelof2
My) Haddon, Morgan and Foreman, P.c
Jeffrey S. Pagliuca
HADDON
MOOR CN 150 East 10th Avenue
FOREMAN Denver, Colorado 80203
PH 303.831.736
Case 1:20-cr-00330-PAE Document 287 Filed 05/20/21 Page 15 of16
defense because it is in the possession of a third party. (Opp. 187-88). Ms. Maxwell anticipates
that the rest of the diary will contai
Case 1:20-cr-00330-PAE Document 287 Filed 05/20/21 Page 9of16
Maxwell cannot effectively prepare her defense and will be at risk of further “surprise”
allegations on the eve of trial. See Bortnovsky,
Case 1:20-cr-00330-PAE Document 287 Filed 05/20/21 Page11of16
the vast majority of the discovery was produced as a “dump” of data from Epstein’s various
electronic devices, which includes hundreds of
Case 1:20-cr-00330-PAE Document 287 Filed 05/20/21 Page 8 of16
These new allegations—which expand the nature and scope of the charged
conspiracies—are exactly the type of “surprise” revelations that
Case 1:20-cr-00330-PAE Document 287 Filed 05/20/21 Page 7 of 16
compel pretrial disclosure of the identities of government witnesses. See United States v.
Cannone, 528 F.2d 296, 301 (2d Cir. 1975).
Case 1:20-cr-00330-PAE Document 287 Filed 05/20/21 Page 6 of16
I. The Court Should Grant a Bill of Particulars.
A bill of particulars is appropriate if the indictment does not disclose to the defend
Case 1:20-cr-00330-PAE Document 286 Filed 05/20/21 Page11of14
in this case is not to provide evidence probative of any alleged conspiracy to cause underage girls
to travel, but rather to prejudice th
Case 1:20-cr-00330-PAE Document 286 Filed 05/20/21 Page10of14
conduct involving Accuser-3 was an overt act in furtherance of a conspiracy, it argues that it is
entitled to imply that the conduct itse
Case 1:20-cr-00330-PAE Document 286 Filed 05/20/21 Page 7 of14
consider such a proffer in the context of a motion to strike,’ the proffered testimony, even if
credited, adds nothing to the analysis.
Case 1:20-cr-00330-PAE Document 286 Filed 05/20/21 Page4of14
Ghislaine Maxwell respectfully submits this Reply Memorandum in Support of her
Motion to Strike Surplusage from the Indictment (“Motion”).
Case 1:20-cr-00330-PAE Document 286 Filed 05/20/21 Page1of14
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
20 Cr. 330 (AJN)
V.
GHISLAINE MAXWELL,
Defendant.
Case 1:20-cr-00330-PAE Document 285 Filed 05/20/21 Page 34 of 34
Certificate of Service
I hereby certify that on March 15, 2021, I served by email, pursuant Rule 2(B) of the
Court’s individual pract
Case 1:20-cr-00330-PAE Document 285 Filed 05/20/21 Page 28 of 34
material information to a federal judge in an ex parte proceeding, “[t]he call for the court’s
supervisory power .. . is at its strong
Case 1:20-cr-00330-PAE Document 285 Filed 05/20/21 Page 27 of 34
Maxwell had a due process right to notice and an opportunity to be heard on the
government’s request to modify the Protective Order an
Case 1:20-cr-00330-PAE Document 285 Filed 05/20/21 Page 24 of 34
Judge McMahon “returned” to that point when discussing whether Maxwell could have
reasonably relied on the Protective Order:
[T]he on
Case 1:20-cr-00330-PAE Document 285 Filed 05/20/21 Page 25 of 34
IV. The Remedy for the Government’s Misconduct.
A. Pursuant to its Inherent Power, this Court Should Suppress the Evidence
Obtained f