Document 16

Case 1:19-cr-00490-RMB Document 16 Filed 07/16/19 Page 1 of 1 Case 1:19-cr-00490-RMB Document 15 Filed 07/15/19 Page 1 of 1 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New York 10007 July 15, 2019 VIA ECF The Honorable Richard M. Berman United States District Court Southern District of New York United States Courthouse 500 Pearl Street New York, New York 10007 Re: United States v. Jeffrey Epstein, 19 Cr. 490 (RMB) Dear Judge Berman: The Government submits this letter respectfully to request the exclusion of speedy trial time between July 15, 2019, and July 18, 2019, the date of the next conference in the above-captioned case, in the interests of justice and pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B). I have conferred with defense counsel, who consent to this request. Very truly yours, GEOFFREY S. BERMAN United States Attorney By: Alex Rossmiller / Alison Moe / Maurene Comey Assistant United States Attorney Southern District of New York Tel: (212) 637-2415 / 2225 / 2324 Cc: Martin Weinberg, Esq., and Reid Weingarten, Esq., counsel for defendant Application granted. SO ORDERED: Date: 7/16/19 Richard M. Berman Richard M. Berman, U.S.D.J. DOJ-OGR-00000385 --- PAGE BREAK --- Case 19-2221, Document 16, 08/05/2019, 2624675, Page1 of 1 NOTICE OF APPEARANCE FOR SUBSTITUTE, ADDITIONAL, OR AMICUS COUNSEL Short Title: United States v. Jeffrey Epstein Docket No.: 19-2221 Substitute, Additional, or Amicus Counsel's Contact Information is as follows: Name: Alex Rossmiller Firm: United States Attorney's Office for the Southern District of New York Address: One St. Andrew's Plaza Telephone: (212) 637-2415 Fax: (212) 637-2443 E-mail: Alexander.Rossmiller@usdoj.gov Appearance for: United States of America/Appellee Select One: Substitute counsel (replacing lead counsel: _______________________ (name/firm) Substitute counsel (replacing other counsel: _______________________ (name/firm) Additional counsel (co-counsel with: Sarah K. Eddy/U.S. Attorney's Office for the Southern District of New York (name/firm) Amicus (in support of : _______________________ (party/designation) CERTIFICATION I certify that: I am admitted to practice in this Court and, if required by Interim Local Rule 46.1(a)(2), have renewed my admission on _______________________ OR I applied for admission on _______________________. Signature of Counsel: /s/ Alex Rossmiller Type or Print Name: Alex Rossmiller DOJ-OGR-00000833 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 16 Filed 07/09/20 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, -v- Ghislaine Maxwell, Defendant. 20-CR-330 (AJN) ORDER ALISON J. NATHAN, District Judge: As discussed in its previous order, the Court will hold an arraignment, initial conference, and bail hearing in this matter remotely as a video/teleconference on July 14, 2020 at 1 pm. Members of the press and the public in the United States may access the live audio feed of the proceeding by calling 855-268-7844 and using access code 32091812# and PIN 9921299#. Those outside of the United States may access the live audio feed by calling 214-416-0400 and using the same access code and PIN. These phone lines can accommodate approximately 500 callers on a first come, first serve basis. The Court will provide counsel for both sides an additional dial-in number to be used to ensure audio access to the proceeding for non-speaking co-counsel, alleged victims, and any family members of the Defendant. The United States Attorney's Office should email Chambers with information regarding any alleged victims who are entitled, pursuant to 18 U.S.C. § 3771(a)(4), to be heard at the bail hearing and who wish to be heard. The Court will then provide information as to the logistics for their dial-in access. As the Court described in a previous order, members of the press and public may watch and listen to the live video feed in the Jury Assembly Room, at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street. See Dkt. No. 10. However, in light of COVID-19, seating will be DOJ-OGR-00001561 --- PAGE BREAK --- Case 20-3061, Document 16, 09/10/2020, 2928287, Page1 of 5 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Docket Number(s): 20-3061 Caption [use short title]: United States v. Maxwell Motion for: Leave to File Unredacted Motion to Consolidate under Seal Set forth below precise, complete statement of relief sought: Leave to File Unredacted Motion to Consolidate under Seal MOVING PARTY: Ghislaine Maxwell OPPOSING PARTY: United States of America MOVING ATTORNEY: Adam Mueller OPPOSING ATTORNEY: Maurene Comey Haddon, Morgan & Foreman, P.C. Assistant U.S. Attorney, SDNY 150 E. 10th Ave., Denver, CO 80203 1 St. Andrew's Plaza, New York, NY 10007 303-831-7364 amueller@hmflaw.com 212-637-2324 Maurene.Comey@usdoj.gov Court-Judge/Agency appealed from: Judge Nathan, S.D.N.Y. Please check appropriate boxes: Has movant notified opposing counsel (required by Local Rule 27.1): Yes No (explain): Opposing counsel's position on motion: Unopposed Opposed Don't Know Does opposing counsel intend to file a response: Yes No Don't Know FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL: Has request for relief been made below? Yes No Has this relief been previously sought in this Court? Yes No Requested return date and explanation of emergency: Is oral argument on motion requested? Yes No (requests for oral argument will not necessarily be granted) Has argument date of appeal been set? Yes No If yes, enter date: Signature of Moving Attorney: s/ Adam Mueller Date: 9/10/2020 Service by: CM/ECF Other [Attach proof of service] Form T-1080 (rev. 12-13) DOJ-OGR-00019282 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 16 Filed 07/09/20 Page 2 of 2 limited to approximately 60 seats in order to enable appropriate social distancing and ensure public safety. Counsel for the Defendant and the Government may contact Chambers by email if there is a request to accommodate alleged victims or family members of the Defendant. Members of the credentialed in-house press corps may contact the District Executive's Office about seating. Otherwise, all seating will be allocated on a first come, first serve basis and in accordance with the S.D.N.Y. COVID-19 Courthouse Entry Program and this Court's previous order of July 7, 2020. See Dkt. No. 10. If conditions change or the Court otherwise concludes that allowing for in-person viewing of the video feed at the courthouse is not consistent with public health, the Court may provide audio access by telephone only. Any photographing, recording, or rebroadcasting of federal court proceedings is prohibited by law. Violation of these prohibitions may result in fines or sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. SO ORDERED. Dated: July 9, 2020 New York, New York ALISON J. NATHAN United States District Judge --- PAGE BREAK --- Case 20-3061, Document 16, 09/10/2020, 2928287, Page2 of 5 20-3061 United States Court of Appeals for the Second Circuit UNITED STATES OF AMERICA, Plaintiff-Appellee, —against— GHISLAINE MAXWELL, Defendant-Appellant. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, 20-CR-330 (AJN) Unopposed Motion to File Unredacted Motion to Consolidate Under Seal Defendant-Appellant Ghislaine Maxwell, through her attorneys Haddon, Morgan and Foreman, P.C., moves unopposed for leave to file her Unredacted Motion to Consolidate under seal. As grounds for this request, Ms. Maxwell states: Ms. Maxwell has filed with this Court a motion to consolidate two appeals: United States v. Maxwell, No. 20-3061 (the “criminal case,”) Case No. 20-CR-330 (AJN) (S.D.N.Y.)), and Giuffre v. Maxwell, Case No. 20-2413 (the “civil case,” Case No. 15-CV-7433 (LAP) (S.D.N.Y.)). The criminal case addresses an order by 1 DOJ-OGR-00019283 --- PAGE BREAK --- Case 20-3061, Document 16, 09/10/2020, 2928287, Page3 of 5 Judge Nathan refusing to modify a criminal protective order. The civil case addresses an order by Judge Preska unsealing certain deposition material. Among other arguments for consolidation of the two appeals, Ms. Maxwell contends that she should be permitted to share with Judge Preska critical information Ms. Maxwell learned from Judge Nathan. But the protective order issued by Judge Nathan prevents Ms. Maxwell from disclosing this information to Judge Preska or from telling this Court about the information in the civil appeal. By contrast, the protective order allows Ms. Maxwell to tell this Court about the information in the criminal appeal, though only under seal since it is confidential and sealed in the district court criminal case. Ms. Maxwell's Unredacted Motion to Consolidate explains this situation and describes the critical information. But to comply with criminal protective order, Ms. Maxwell can file an unredacted copy of the Motion to Consolidate only under seal with this Court, and then only in the criminal appeal, Case No. 20-3061. Therefore, in compliance with the criminal protective order, Ms. Maxwell will publicly file on ECF a redacted copy of the Motion to Consolidate in both appeals along with all but one of the exhibits—Exhibit B, which was filed under seal in the district court. 2 DOJ-OGR-00019284 --- PAGE BREAK --- Case 20-3061, Document 16, 09/10/2020, 2928287, Page4 of 5 In turn, she asks for leave to file the unredacted copy of the Motion to Consolidate in the criminal appeal under seal with this Court, along with Exhibit B. The government does not oppose this Motion for Leave to File under Seal, although it does oppose the Motion to Consolidate. For these reasons, Ms. Maxwell requests leave to file her Unredacted Motion to Consolidate under seal. September 10, 2020. Respectfully submitted, s/ Adam Mueller Laura A. Menninger Ty Gee Adam Mueller HADDON, MORGAN AND FOREMAN, P.C. 150 East 10th Avenue Denver, CO 80203 Tel 303.831.7364 Fax 303.832.2628 lmenninger@hfmlaw.com tgee@hmflaw.com amueller@hmflaw.com Counsel for Defendant-Appellant Ghislaine Maxwell 3 DOJ-OGR-00019285 --- PAGE BREAK --- Case 1:20-cv-03382-AJN Document 16 Filed 07/08/20 Page 33 of 138 directing a victim to touch Epstein while he masturbated, and directing a victim to touch Epstein's genitals. MAXWELL AND EPSTEIN'S VICTIMS 6. Between approximately in or about 1994 and in or about 1997, GHISLAINE MAXWELL, the defendant, facilitated Jeffrey Epstein's access to minor victims by, among other things, inducing and enticing, and aiding and abetting the inducement and enticement of, multiple minor victims. Victims were groomed and/or abused at multiple locations, including the following: a. A multi-story private residence on the Upper East Side of Manhattan, New York owned by Epstein (the "New York Residence"), which is depicted in the following photograph: [Image of a building] 5 DOJ-OGR-00001506 --- PAGE BREAK --- 1 Doe on behalf of Decedent by Lesley Groff, and several sessions with 2 photographers. 3 Upon information and belief, Plaintiff also identifies photographs of her as a 4 minor taken of her without her knowledge by Decedent Jeffrey Epstein that are 5 currently in the custody and control of the federal government. 6 Discovery and investigation continues and Plaintiff reserves the right to 7 supplement all discovery responses up to, and including the time of trial, as 8 additional facts are ascertained, analyses are made, research is completed and 9 contentions are made. 10 11 DATED: June 3, 2020 PANISH SHEA & BOYLE LLP 12 By: Robert S. Glassman 13 Attorneys for Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 PLAINTIFF'S RESPONSE TO FIRST SET OF INTERROGATORIES PROPOUNDED BY DEFENDANTS DARREN K. INDYKE AND RICHARD D. KAHN, CO-EXECUTORS OF THE ESTATE OF JEFFREY E. EPSTEIN 5 DOJ-OGR-00015263 --- PAGE BREAK --- Case 20-3061, Document 16, 09/10/2020, 2928287, Page5 of 5 Certificate of Service I certify that on September 10, 2020, I filed this Unopposed Motion to File Motion to Consolidate under Seal with the Court via CM/ECF, which will send notification of the filing to all counsel of record. I also certify that I emailed a copy of this motion to all counsel of record. s/ Nicole Simmons 4 DOJ-OGR-00019286 --- PAGE BREAK --- Case 1:20-cr-00338-AJN Document 16 Filed 07/06/21 Page 102 of 138 an unsolicited massage to Minor Victim-2, during which Minor Victim-2 was topless. MAXWELL also encouraged Minor Victim-2 to massage Epstein. C. MAXWELL groomed and befriended Minor Victim-3 in London, England between approximately 1994 and 1995, including during a period of time in which MAXWELL knew that Minor Victim-3 was under the age of 18. Among other things, MAXWELL discussed Minor Victim-3's life and family with Minor Victim-3. MAXWELL introduced Minor Victim-3 to Epstein and arranged for multiple interactions between Minor Victim-3 and Epstein. During those interactions, MAXWELL encouraged Minor Victim-3 to massage Epstein, knowing that Epstein would engage in sex acts with Minor Victim-3 during those massages. Minor Victim-3 provided Epstein with the requested massages, and during those massages, Epstein sexually abused Minor Victim-3. MAXWELL was aware that Epstein engaged in sexual activity with Minor Victim-3 on multiple occasions, including at times when Minor Victim-3 was under the age of 18, including in the context of a sexualized massage. MAXWELL'S EFFORTS TO CONCEAL HER CONDUCT 8. In or around 2016, in the context of a deposition as part of civil litigation, GHISLAINE MAXWELL, the defendant, repeatedly provided false and perjurious statements, under oath, regarding, among other subjects, her role in facilitating the 9 DOJ-OGR-00001510 --- PAGE BREAK --- UNITED STATES DISTRICT COURT for the Southern District of New York United States of America v. Ghislaine Maxwell Defendant ARREST WARRANT To: Any authorized law enforcement officer YOU ARE COMMANDED to arrest and bring before a United States magistrate judge without unnecessary delay Ghislaine Maxwell who is accused of an offense or violation based on the following document filed with the court: Indictment This offense is briefly described as follows: Title 18, United States Code, Section 371 (conspiracy to entice minors) Title 18, United States Code, Sections 2422 and 2 (enticement of a minor) Title 18, United States Code, Section 371 (conspiracy to transport minors) Title 18, United States Code, Sections 2423(a) and 2 (transportation of a minor) Title 18, United States Code, Section 1623 (perjury) Date: 06/29/2020 Issuing officer's signature Hon. Lisa Margaret Smith, U.S. Magistrate Judge City and state: White Plains, NY Printed name and title Return This warrant was received on (date) ____________________, and the person was arrested on (date) ____________________ at (city and state) ____________________. Date: ____________________ Arresting officer's signature Printed name and title --- PAGE BREAK --- UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA - v. - GHISLAINE MAXWELL, Defendant. SEALED INDICTMENT 20 Cr. 20 Cr. 330 COUNT ONE (Conspiracy to Entice Minors to Travel to Engage in Illegal Sex Acts) The Grand Jury charges: OVERVIEW 1. The charges set forth herein stem from the role of GHISLAINE MAXWELL, the defendant, in the sexual exploitation and abuse of multiple minor girls by Jeffrey Epstein. In particular, from at least in or about 1994, up to and including at least in or about 1997, MAXWELL assisted, facilitated, and contributed to Jeffrey Epstein's abuse of minor girls by, among other things, helping Epstein to recruit, groom, and ultimately abuse victims known to MAXWELL and Epstein to be under the age of 18. The victims were as young as 14 years old when they were groomed and abused by MAXWELL and Epstein, both of whom knew that certain victims were in fact under the age of 18. 2. As a part and in furtherance of their scheme to abuse minor victims, GHISLAINE MAXWELL, the defendant, and Jeffrey Epstein enticed and caused minor victims to travel to DOJ-OGR-00001502 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 16 Filed 07/08/20 Page 35 of 138 Epstein's residences in different states, which MAXWELL knew and intended would result in their grooming for and subjection to sexual abuse. Moreover, in an effort to conceal her crimes, MAXWELL repeatedly lied when questioned about her conduct, including in relation to some of the minor victims described herein, when providing testimony under oath in 2016. FACTUAL BACKGROUND 3. During the time periods charged in this Indictment, GHISLAINE MAXWELL, the defendant, had a personal and professional relationship with Jeffrey Epstein and was among his closest associates. In particular, between in or about 1994 and in or about 1997, MAXWELL was in an intimate relationship with Epstein and also was paid by Epstein to manage his various properties. Over the course of their relationship, MAXWELL and Epstein were photographed together on multiple occasions, including in the below image: [Image of Ghislaine Maxwell and Jeffrey Epstein] 2 DOJ-OGR-00001503 --- PAGE BREAK --- Case 1:20-cr-00332-AJN Document 16 Filed 07/08/20 Page 45 of 138 4. Beginning in at least 1994, GHISLAINE MAXWELL, the defendant, enticed and groomed multiple minor girls to engage in sex acts with Jeffrey Epstein, through a variety of means and methods, including but not limited to the following: a. MAXWELL first attempted to befriend some of Epstein's minor victims prior to their abuse, including by asking the victims about their lives, their schools, and their families. MAXWELL and Epstein would spend time building friendships with minor victims by, for example, taking minor victims to the movies or shopping. Some of these outings would involve MAXWELL and Epstein spending time together with a minor victim, while some would involve MAXWELL or Epstein spending time alone with a minor victim. b. Having developed a rapport with a victim, MAXWELL would try to normalize sexual abuse for a minor victim by, among other things, discussing sexual topics, undressing in front of the victim, being present when a minor victim was undressed, and/or being present for sex acts involving the minor victim and Epstein. c. MAXWELL'S presence during minor victims' interactions with Epstein, including interactions where the minor victim was undressed or that involved sex acts with Epstein, helped put the victims at ease because an adult woman was present. For example, in some instances, MAXWELL would 3 DOJ-OGR-00001504 --- PAGE BREAK --- massage Epstein in front of a minor victim. In other instances, MAXWELL encouraged minor victims to provide massages to Epstein, including sexualized massages during which a minor victim would be fully or partially nude. Many of those massages resulted in Epstein sexually abusing the minor victims. d. In addition, Epstein offered to help some minor victims by paying for travel and/or educational opportunities, and MAXWELL encouraged certain victims to accept Epstein's assistance. As a result, victims were made to feel indebted and believed that MAXWELL and Epstein were trying to help them. e. Through this process, MAXWELL and Epstein enticed victims to engage in sexual activity with Epstein. In some instances, MAXWELL was present for and participated in the sexual abuse of minor victims. Some such incidents occurred in the context of massages, which developed into sexual encounters. 5. GHISLAINE MAXWELL, the defendant, facilitated Jeffrey Epstein's access to minor victims knowing that he had a sexual preference for underage girls and that he intended to engage in sexual activity with those victims. Epstein's resulting abuse of minor victims included, among other things, touching a victim's breast, touching a victim's genitals, placing a sex toy such as a vibrator on a victim's genitals, --- PAGE BREAK --- Case 1:20-cv-00392-AJN Document 16 Filed 07/08/20 Page 79 of 138 b. An estate in Palm Beach, Florida owned by Epstein (the "Palm Beach Residence"), which is depicted in the following photograph: [Image of a house in Palm Beach] c. A ranch in Santa Fe, New Mexico owned by Epstein (the "New Mexico Residence"), which is depicted in the following photograph: [Image of a ranch in Santa Fe] 6 DOJ-OGR-00001507 --- PAGE BREAK --- Case 1:20-cr-00382-AJN Document 16 Filed 07/05/2019 Page 113 of 138 abuse of minor victims by Jeffrey Epstein, including some of the specific events and acts of abuse detailed above. STATUTORY ALLEGATIONS 9. From at least in or about 1994, up to and including in or about 1997, in the Southern District of New York and elsewhere, GHISLAINE MAXWELL, the defendant, Jeffrey Epstein, and others known and unknown, willfully and knowingly did combine, conspire, confederate, and agree together and with each other to commit an offense against the United States, to wit, enticement, in violation of Title 18, United States Code, Section 2422. 10. It was a part and object of the conspiracy that GHISLAINE MAXWELL, the defendant, Jeffrey Epstein, and others known and unknown, would and did knowingly persuade, induce, entice, and coerce one and more individuals to travel in interstate and foreign commerce, to engage in sexual activity for which a person can be charged with a criminal offense, in violation of Title 18, United States Code, Section 2422. Overt Acts 11. In furtherance of the conspiracy and to effect the illegal object thereof, the following overt acts, among others, were committed in the Southern District of New York and elsewhere: 10 DOJ-OGR-00001511 --- PAGE BREAK --- Case 1:20-mj-00382-AJN Document 16 Filed 07/06/20 Page 120 of 133 Q. Other than yourself and the blond and brunette that you have identified as having been involved in three-way sexual activities, with whom did Mr. Epstein have sexual activities? A. I wasn't aware that he was having sexual activities with anyone when I was with him other than myself. Q. I want to be sure that I'm clear. Is it your testimony that in the 1990s and 2000s, you were not aware that Mr. Epstein was having sexual activities with anyone other than yourself and the blond and brunette on those few occasions when they were involved with you? A. That is my testimony, that is correct. Q. Is it your testimony that you've never given anybody a massage? A. I have not given anyone a massage. Q. You never gave Mr. Epstein a massage, is that your testimony? A. That is my testimony. Q. You never gave [Minor Victim-2] a massage is your testimony? A. I never gave [Minor Victim-2] a massage. (Title 18, United States Code, Section 1623.) FOREPERSON AUDREY STRAUSS Acting United States Attorney --- PAGE BREAK --- Case 1:20-cr-00332-AJN Document 16 Filed 07/06/20 Page 129 of 133 Form No. USA-33s-274 (Ed. 9-25-58) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. INDICTMENT (18 U.S.C. §§ 371, 1623, 2422, 2423 (a), and 2) AUDREY STRAUSS Acting United States Attorney Foreperson 18 DOJ-OGR-00001519 --- PAGE BREAK --- Case 1:20-cr-00332-AJN Document 16 Filed 07/06/20 Page 157 of 138 New York Residence, in violation of New York Penal Law, Section 130.55. c. In or about 1996, when Minor Victim-2 was under the age of 18, MAXWELL provided Minor Victim-2 with an unsolicited massage in New Mexico, during which Minor Victim-2 was topless. d. Between in or about 1994 and in or about 1995, when Minor Victim-3 was under the age of 18, MAXWELL encouraged Minor Victim-3 to provide massages to Epstein in London, England, knowing that Epstein intended to sexually abuse Minor Victim-3 during those massages. (Title 18, United States Code, Section 371.) COUNT FOUR (Transportation of a Minor with Intent to Engage in Criminal Sexual Activity) The Grand Jury further charges: 18. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within. 19. From at least in or about 1994, up to and including in or about 1997, in the Southern District of New York and elsewhere, GHISLAINE MAXWELL, the defendant, knowingly did transport an individual who had not attained the age of 18 in interstate and foreign commerce, with the intent that the individual engage in sexual activity for which a person can be charged with a criminal offense, and attempted to do so, and 14 DOJ-OGR-00001515