Document 17

Case 1:19-cr-00490-RMB Document 17 Filed 07/16/19 Page 1 of 1 Case 1:19-cr-00490-RMB Document 13-2 Filed 07/15/19 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, ) Criminal No. 19 Cr 490 (RMB) v. JEFFREY EPSTEIN, Defendant Order For Admission Pro Hac Vice The motion of Martin G. Weinberg, for admission to practice Pro Hac Vice in the above captioned matter, is granted. Applicant has declared he is a member in good standing of the bar of the Commonwealth of Massachusetts and his contact information is as follows: Martin G. Weinberg, Esq. Martin G. Weinberg, P.C. 20 Park Plaza, Suite 1000 Boston, MA 02116 Telephone: (617) 227-3700 Facsimile: (617) 338-9538 owlmgw@att.net Applicant having requested admission Pro Hac Vice to appear as co-counsel for Jeffrey Epstein in the above-captioned matter; IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned matter in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the rules governing discipline of attorneys. Dated: 7/16/19 Richard M. Berman United States District Judge USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 7/16/19 DOJ-OGR-00000386 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 1 of 18 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA SUPERSEDING INDICTMENT - v. - S1 20 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. 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 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page1 of 15 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 Motion for: to Consolidate Appeals Caption [use short title] United States v. Maxwell Set forth below precise, complete statement of relief sought: Request that this Court consolidate Giuffre v. Maxwell, No. 20-2413, with United States v. Maxwell, No. 20-3061 MOVING PARTY: Ghislaine Maxwell Plaintiff Appellant/Petitioner Defendant Appellee/Respondent MOVING ATTORNEY: Adam Mueller Haddon, Morgan & Foreman, P.C. 150 E. 10th Ave., Denver, CO 80203 303-831-7364 amueller@hmflaw.com OPPOSING PARTY: United States of America OPPOSING ATTORNEY: Maurene Comey Assistant U.S. Attorney, SDNY 1 St. Andrew's Plaza, New York, NY 10007 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-00019287 --- PAGE BREAK --- Case 21-58, Document 17, 01/26/2021, 3021312, Page1 of 2 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CRIMINAL APPEAL TRANSCRIPT INFORMATION - FORM B TO BE COMPLETED BY ATTORNEY: CASE NAME: USA v. Maxwell v. DOCKET NUMBER: 21-58 COUNSEL'S NAME: Christian R. Everdell, Esq. Cohen & Gresser, LLP COUNSEL'S ADDRESS: 800 Third Avenue New York, NY 10022 COUNSEL'S PHONE: 212-957-7600 QUESTIONNAIRE I am ordering a transcript. I am not ordering a transcript. Reason: Daily copy available U.S. Atty. placed order Other (attach explanation) TRANSCRIPT ORDER Prepare transcript of Pre-trial proceedings: (Description & Dates) Trial: (Description & Dates) Sentencing: (Description & Dates) Post-trial proceedings: (Description & Dates) I, (counsel's name) , hereby certify that I will make satisfactory arrangements with the court reporter for payment of the costs of the transcript in accordance with FRAP 10(b). Method of payment: Funds CJA Form 24 Counsel's Signature Date TO BE COMPLETED BY COURT REPORTER AND FORWARDED TO COURT OF APPEALS: ACKNOWLEDGMENT Date order received: Estimated Number of Pages: Estimated completion date: Court Reporter's Signature Date Attorney(s): Send completed form to the U.S. District Court as that court may require and send copies to the Court of Appeals, U.S. Attorney's Office, and Court Reporter. Court Reporter(s): Send completed acknowledgement to the Court of Appeals Clerk. DOJ-OGR-00019742 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 1 of 15 1 JbpWnoeC UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------x UNITED STATES OF AMERICA, v. 19 Cr. 830 (AT) TOVA NOEL and MICHAEL THOMAS, Defendants. ------------------------------------x Conference New York, N.Y. November 25, 2019 12:00 p.m. Before: HON. ANALISA TORRES, District Judge APPEARANCES GEOFFREY S. BERMAN United States Attorney for the Southern District of New York BY: REBEKAH A. DONALESKI NICOLAS T. ROOS Assistant United States Attorneys FOY & SEPLOWITZ LLC Attorneys for Defendant Noel BY: JASON E. FOY MONTEL FIGGINS Attorney for Defendant Thomas SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021977 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 2 of 18 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: 2 DOJ-OGR-00001564 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page2 of 15 Nos. 20-2413 & 20-3061 United States Court of Appeals for the Second Circuit VIRGINIA L. GIUFFRE, Plaintiff-Appellee, v. GHISLAINE MAXWELL, Defendant-Appellant. UNITED STATES OF AMERICA, Plaintiff-Appellee, v. GHISLAINE MAXWELL, Defendant-Appellant. On Appeal from the U.S. District Court for the Southern District of New York No. 15-CV-7433 (LAP) The Honorable Loretta A. Preska, U.S. District Judge On Appeal from the U.S. District Court for the Southern District of New York No. 20-CR-330 (AJN) The Honorable Alison J. Nathan, U.S. District Judge Ghislaine Maxwell's Motion to Consolidate Appeals 1 DOJ-OGR-00019288 --- PAGE BREAK --- Case 21-58, Document 17, 01/26/2021, 3021312, Page2 of 2 USA v. MAXWELL 21-58 Addendum to Form B Reason no transcript is being ordered: This is an interlocutory appeal from a decision and order adjudicated without a hearing, docketed in the district court (SDNY), and available on ECF. DOJ-OGR-00019743 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 2 of 15 2 1 THE COURT: Good afternoon. 2 We're here in the matter of United States v. Tova Noel 3 and Michael Thomas. 4 Would you make your appearances, please. 5 MS. DONALESKI: Good afternoon, your Honor. Rebekah 6 Donaleski and Nicolas Roos for the government. 7 MR. FOY: My name is Jason Foy, attorney for Ms. Noel. 8 Good afternoon, your Honor. 9 THE DEFENDANT: Good afternoon, your Honor. 10 MR. FIGGINS: Good afternoon, your Honor. Montel 11 Figgins on behalf of Michael Thomas, who is presently in court, 12 standing to my left. 13 THE COURT: Please be seated. 14 Has the prosecutor finished delivering discovery to 15 the defendants? 16 MS. DONALESKI: No, your Honor. 17 The defendants self-surrendered last Tuesday, on 18 November 19. They were presented and arraigned that day. We 19 notified defense counsel we would begin producing discovery 20 once a protective order is in place, and we will do so on a 21 rolling basis. 22 THE COURT: When do you expect to be finished? 23 MS. DONALESKI: We anticipate that we'll need a month 24 to complete production of the discovery currently in our 25 possession. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 3 of 18 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-00001565 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page3 of 15 Defendant-Appellant Ghislaine Maxwell moves this Court to consolidate United States v. Maxwell, No. 20-3061 (the "criminal case," Case No. 20-CR-330 (AJN) (S.D.N.Y.)), with the pending appeal in Giuffre v. Maxwell, Case No. 20- 2413 (the "civil case," Case No. 15-CV-7433 (LAP) (S.D.N.Y.)).1 Background These two appeals are inextricably intertwined. As Ms. Maxwell explained in her opening brief in the civil case, the district court unsealed the deposition material without knowing critical new information discovered to Ms. Maxwell in the criminal case bearing directly on whether the deposition material should be unsealed. Giuffre v. Maxwell, Case No. 20-2413, OB, pp 13-15. 1 Since Ms. Maxwell seeks to consolidate both appeals, she is filing this motion in both cases. But because of the protective order in the criminal case, Exhibit A, Ms. Maxwell can file an unredacted version of this motion in the criminal appeal only. She cannot file an unredacted version of this motion in the civil appeal. Accordingly, in the criminal appeal, Ms. Maxwell will file a sealed and unredacted copy of this motion along with a motion for leave to file under seal. She will publicly file on ECF the redacted copy of this motion. In the civil appeal, Ms. Maxwell will file on ECF the redacted copy of this motion only. 2 DOJ-OGR-00019289 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 3 of 15 JbpWnoeC 1 THE COURT: When do you expect the protective order to be in place? 2 MS. DONALESKI: Your Honor, we'll provide a draft to defense counsel within the next day, and then depending on how long it takes for them to comment on it and the parties to reach a resolution, we'll provide it to the Court as expeditiously as possible, so it's my hope that that can happen within a week. 8 THE COURT: All right. By the end of December, discovery should have been produced. Is that correct? 10 MS. DONALESKI: That's fine, your Honor. 11 THE COURT: It's not voluminous, is it? 12 MS. DONALESKI: Your Honor, it will consist of hundreds of hours of video recording, so in that aspect it will be voluminous, but the paper records, the bank records will not be voluminous. 17 THE COURT: All right. It doesn't seem that you would need more than a month to review the discovery so that by the end of January, you should have made decisions as to whether you're going to be filing motions. Correct? 20 MR. FIGGINS: Your Honor, if I may? 21 I also know that there's an ongoing inspector general's report. I don't have any idea as to the time frame, if and when that's going to be completed. I do believe that there would be some pertinent information, relevant information SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 4 of 18 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, 4 DOJ-OGR-00001566 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page4 of 15 3 DOJ-OGR-00019290 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 4 of 15 4 in that report, so if we could get some -- if they have any idea as to when that's going to conclude, I do believe that that may have some impact in terms of information that we desire to have as well as I do believe that we're also going to be subpoenaing some documents as well. But I don't think we would need more than the end of January, presumably, to have an idea to convey to the Court where we are with respect to moving forward with motions. MS. DONALESKI: Your Honor, we'll provide the discovery in our possession to the defendants by the end of December. I don't know of a basis to hold up a criminal case based on a DOJ inspector general report, and I don't have a time line of when that will be completed. MR. FOY: Your Honor, I agree that by the end of January we should be in a position to assess what motions, if any, will be necessary. We'll also be in a position to determine whether there are any issues regard to discovery or additional information at that point. MR. FIGGINS: And your Honor -- THE COURT: One moment, please. You'll return to court on January 30 at 11 a.m. -- that will be a control date -- and you'll let me know whether you expect to file motions. Now, with respect to a trial date, April 20. MR. FIGGINS: That's fine for us. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 5 of 18 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 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-00001567 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page5 of 15 they repeatedly downplayed and dismissed 2 4 DOJ-OGR-00019291 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 5 of 15 5 JbpWnoeC 1 MS. DONALESKI: That's fine for the government, your 2 Honor. 3 THE COURT: How long do you expect the trial to last? 4 MR. FOY: Your Honor, I would say it's fine. I mean, 5 as it looks right now, but based on some of the things I'm 6 anticipating, I don't know if that would be enough time and 7 maybe we want to wait and see, because I need to see the 8 discovery before I can say definitively that, yes, April 20 is 9 an appropriate date. But for now certainly that would be fair. 10 THE COURT: We're told that the discovery consists of 11 video and documents. I don't understand why you can't 12 anticipate whether you can go forward on the 20th. 13 MR. FOY: Because I haven't seen what those documents 14 are and what impact it might have on the defense of the case as 15 well as my thoughts on some additional documents that may go 16 beyond what they believe Rule 16 requires. I can imagine a 17 situation where we feel that there's more to be provided than 18 what the government provides. We're not there yet, so I'm not 19 suggesting that it's definitely going to be an issue, but I did 20 want to alert the Court early on of the possibility. But once 21 I get the discovery, I'll be in a position to say more 22 affirmatively. 23 THE COURT: What else are you expecting? 24 MR. FOY: You mean as far as discovery? 25 THE COURT: You're talking in vague terms about SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021981 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 6 of 18 b. An estate in Palm Beach, Florida owned by Epstein (the "Palm Beach Residence"), which is depicted in the following photograph: [Image of Palm Beach Residence] c. A ranch in Santa Fe, New Mexico owned by Epstein (the "New Mexico Residence"), which is depicted in the following photograph: [Image of New Mexico Residence] 6 DOJ-OGR-00001568 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page6 of 15 arguments made by Ms. Maxwell that material should remain sealed because of the potential for a criminal investigation. E.g., EXHIBIT C, p 2. For example, when Ms. Maxwell moved to stay discovery in Farmer v. Indyke, Case No. 19-cv-10475 (LGS-DCF) (S.D.N.Y.), due to the pending criminal investigation, Ms. Giuffre opposed the motion on the grounds that Ms. Maxwell could not show the existence or scope of any such criminal investigation, Maxwell has provided no information about the subject matter of the criminal investigation into Epstein's co-conspirators, the status of the investigation, or even disclosed whether she herself is a target of the Southern District's investigation. When Plaintiff's counsel asked Maxwell's counsel for information about the criminal investigation during their meet and confer, Maxwell's counsel refused to provide any details. Ex. C, p 2. 5 DOJ-OGR-00019292 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 6 of 15 6 something else coming up, and I'd like to know what that is. MR. FOY: Well, your Honor, based on our view of the case, I believe there are outside circumstances that are driving this prosecution that may impact certain information that's available to us in the regular discovery. It's hard for me to say without seeing anything, so right now it's just kind of in my mind, and I don't want to mislead the Court to suggest it's all going to be finished in time for April 20. It may be, and that may be fine, but it's hard for me to say having not received or reviewed the discovery. I've only seen the indictment. I'm just alerting the Court. I'm not saying we can't do it, but I don't want to not say it when it's something that could potentially be an issue. I'm not saying we're trying to hold it up or slow down the pace unnecessarily, but I can see getting information that may impact on the defense in particular, Brady material in particular. THE COURT: Brady material? MR. FOY: Correct, but it's hard to say specifically without seeing the discovery. THE COURT: All right. You have not persuaded me. I'm setting the trial for April 20. How long do you expect the trial to go? MS. DONALESKI: Approximately a week, your Honor, for the government's case. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021982 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 7 of 18 d. MAXWELL's personal residence in London, England. 7. Among the victims induced or enticed by GHISLAINE MAXWELL, the defendant, were minor victims identified herein as Minor Victim-1, Minor Victim-2, and Minor Victim-3. In particular, and during time periods relevant to this Indictment, MAXWELL engaged in the following acts, among others, with respect to minor victims: a. MAXWELL met Minor Victim-1 when Minor Victim-1 was approximately 14 years old. MAXWELL subsequently interacted with Minor Victim-1 on multiple occasions at Epstein's residences, knowing that Minor Victim-1 was under the age of 18 at the time. During these interactions, which took place between approximately 1994 and 1997, MAXWELL groomed Minor Victim-1 to engage in sexual acts with Epstein through multiple means. First, MAXWELL and Epstein attempted to befriend Minor Victim-1, taking her to the movies and on shopping trips. MAXWELL also asked Minor Victim-1 about school, her classes, her family, and other aspects of her life. MAXWELL then sought to normalize inappropriate and abusive conduct by, among other things, undressing in front of Minor Victim-1 and being present when Minor Victim-1 undressed in front of Epstein. Within the first year after MAXWELL and Epstein met Minor Victim-1, Epstein began sexually abusing Minor Victim-1. MAXWELL was present for 7 DOJ-OGR-00001569 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page7 of 15 after the parties had briefed the motion to unseal the deposition material and after Judge Preska ordered the deposition material unsealed, Ms. Maxwell asked Judge Preska to briefly stay the unsealing process. EXHIBIT D, p 1. But because of the criminal protective order, all information. Ex. D, p 1. She couldn’t tell Judge Preska what that information was. Ex. D, pp 1-2. Judge Preska declined to stay the unsealing process but said he would reevaluate if Judge Nathan modified the criminal protective order and allowed Ms. Maxwell to share with Judge Preska, under seal, all she learned as described above. EXHIBIT E, pp 1-2. 6 DOJ-OGR-00019293 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 7 of 15 7 1 MR. FIGGINS: Your Honor, I would think it would 2 probably be about five days on our case. 3 And your Honor, I did want to ask the Court or we 4 would like to at least get some type of idea with respect to 5 the status of the inspector general's report. I do think that 6 it's beyond relevant; it's an investigation into what happened 7 here. There's going to be multiple details of information and 8 interviews and statements and things of that nature regarding 9 this particular case, so on and so forth. So I would ask at 10 least the Court to see if we can get a time frame from the 11 government if that report is going to be imminently due or what 12 type of time frame we're looking at, because I do believe there 13 are going to be a lot of relevant facts in that report, that we 14 would need that information. And then we would need time to 15 then maybe even investigate based on some of that information. 16 THE COURT: Does the government know anything about that? 17 that? 18 MS. DONALESKI: Your Honor, I don't. And I'll just 19 clarify that to the extent counsel's asking for a summary of 20 the results of the criminal investigation, obviously we'll be 21 turning over in discovery all of the underlying results of the 22 criminal investigation. So I'm a little puzzled as to what 23 defense counsel is saying that he needs. I don't have a time 24 frame on the inspector general report, but the government will 25 produce to the defense all of the relevant discovery materials SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021983 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 8 of 18 and involved in some of this abuse. In particular, MAXWELL involved Minor Victim-1 in group sexualized massages of Epstein. During those group sexualized massages, MAXWELL and/or Minor Victim-1 would engage in sex acts with Epstein. Epstein and MAXWELL both encouraged Minor Victim-1 to travel to Epstein's residences in both New York and Florida. As a result, Minor Victim-1 was sexually abused by Epstein in both New York and Florida. Minor Victim-1 was enticed to travel across state lines for the purpose of sexual encounters with Epstein, and MAXWELL was aware that Epstein engaged in sexual activity with Minor Victim-1 after Minor-Victim-1 traveled to Epstein's properties, including in the context of a sexualized massage. b. MAXWELL interacted with Minor Victim-2 on at least one occasion in or about 1996 at Epstein's residence in New Mexico when Minor Victim-2 was under the age of 18. Minor Victim-2 had flown into New Mexico from out of state at Epstein's invitation for the purpose of being groomed for and/or subjected to acts of sexual abuse. MAXWELL knew that Minor Victim-2 was under the age of 18 at the time. While in New Mexico, MAXWELL and Epstein took Minor Victim-2 to a movie and MAXWELL took Minor Victim-2 shopping. MAXWELL also discussed Minor Victim-2's school, classes, and family with Minor Victim-2. 2. In New Mexico, MAXWELL began her efforts to groom Minor Victim-2 for abuse by Epstein by, among other things, providing DOJ-OGR-00001570 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page8 of 15 EXHIBIT F, Judge Nathan has now denied that request, --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 8 of 15 8 1 in this matter, which includes the Rule 16 materials relevant 2 to the criminal charges that have been brought against the 3 defendants. 4 MR. FIGGINS: Your Honor, to be more specific, one of 5 the issues here is going to be the conditions and the 6 supervision and the policies that were upheld and advanced by 7 the Bureau of Prisons. That is what the inspector general's 8 report is investigating. That's very important information 9 that's relevant to this case and relevant to the defense. I'm 10 not saying we have to hold up our case forever, but we should 11 at least get some type of idea as to the status of that report 12 and when it's going to come out or when they're going to 13 complete the actual report because I believe that there's going 14 to be a lot of information that may be relevant to our defense, 15 and it may not be specifically just about this particular 16 investigation. 17 There's been multiple information in the media now 18 with respect to testimony by the head of the Bureau of Prisons, 19 information released by the U.S. Attorney himself regarding 20 this investigation with respect to this case, so I believe that 21 we will need that information. If we're hearing that those 22 people are making statements about that report with respect to 23 this case, clearly there's going to be information and 24 potentially statements and other information that we may need. 25 So I think it's important that we at least try to get an idea SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021984 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 9 of 18 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-00001571 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page9 of 15 Ms. Maxwell has appealed Judge Preska's order unsealing the deposition material, Giuffre v. Maxwell, Case No. 20-2413 (2d Cir.), and she is now appealing Judge Nathan's order denying the motion to modify the criminal protective order, United States v. Maxwell, Case No. 20-3061 (2d Cir). Argument This Court should consolidate the appeal of Judge Preska's order unsealing the deposition material with the appeal of Judge Nathan's order denying the motion to modify the criminal protective order. Consolidation is necessary for a fair and efficient resolution of these appeals. First, unless this Court consolidates these appeals, it will find itself in the very same position as the two district courts - one panel of this Court will be privy 8 DOJ-OGR-00019295 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 9 of 15 JbpWnoeC 1 of when that report may be completed. 2 THE COURT: I'm putting the matter on for trial on the 3 20th of April. It's a firm date, and I am giving you two weeks 4 for trial. 5 Are there any further applications? 6 MS. DONALESKI: The government moves to exclude time 7 between today's date and April 20, 2020, in order to allow the 8 defendants to review discovery and prepare for trial. 9 MR. FOY: Yes, I do have another application, your 10 Honor. 11 As I alerted the Court prior to today's court 12 proceedings, I wanted to revisit the issue of the release 13 conditions for Ms. Noel at this time. 14 On November 19, we appeared before the magistrate 15 court. The government and Ms. Noel had an agreement with 16 regards to the bail package. After our interview with pretrial 17 services, they added additional conditions that were not a part 18 of the original agreement. Of the additional conditions, one 19 of them was travel restrictions. 20 One of the permissible areas at the time that was 21 stated on the record was the Eastern District of Pennsylvania. 22 Turns out that it should be the Middle District of Pennsylvania 23 instead of the eastern, so I'd like that to be corrected. But 24 the second issue, which is really the main subject of this 25 application, is with regards to the surrender of her firearms, SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021985 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 10 of 18 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-00001572 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page10 of 15 to relevant and material information (the panel hearing the criminal case) while the other panel will be in the dark (the panel hearing the civil case). This even though two panels of this Court stand on equal judicial footing. Second, only through consolidation can this Court resolve these issues in a fair and consistent fashion. This Court has supervisory jurisdiction over the Southern District of New York. The judges of that court, however, have reached inconsistent results to the prejudice of Ms. Maxwell. 9 DOJ-OGR-00019296 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 10 of 15 10 JbpWnoC which Ms. Noel has already complied with. During the proceedings before the magistrate court, I presented arguments in favor of her ability to keep her firearm. I'm asking for this Court to reconsider that decision and provide an individualized assessment of whether that condition is appropriate under the circumstances of this case. Your Honor, this case involves allegations of nonviolent criminal conduct. I do not believe that there's a controversy of whether she's a flight risk or danger to the community. What has been said to me with regards to why the application for the firearm has been made by pretrial services is to make them more comfortable so when they come to the home there's not a firearm in the home. I appreciate the fact that pretrial services needs to be safe, and I don't deny that. However, when it comes to infringing upon her Second Amendment right to possess her firearm that she has legally, that's personal to her, I also would like to make one correction in the record from my previous presentation, because I indicated to the Court at that time that she possessed it legally and that she just has it for the home. Well, it turns out she does have credentials to actually carry her firearm in public as it relates to her job. I suspect that that could change if something happened with her job as a result of these proceedings, but that wouldn't change SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021986 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 11 of 18 a. Between in or about 1994 and in or about 1997, when Minor Victim-1 was under the age of 18, MAXWELL participated in multiple group sexual encounters with Epstein and Minor Victim-1 in New York and Florida. b. In or about 1996, when Minor Victim-1 was under the age of 18, Minor Victim-1 was enticed to travel from Florida to New York for purposes of sexually abusing her at the 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 TWO (Enticement of a Minor to Travel to Engage in Illegal Sex Acts) The Grand Jury further charges: 12. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within. 11 DOJ-OGR-00001573 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page11 of 15 Third, it's essential that Ms. Maxwell be able to share with Judge Preska 10 DOJ-OGR-00019297 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 11 of 15 11 JbpWnoeC her ability to actually possess her firearm should her job status change, meaning there may become a change in her ability to carry it publicly because of a change of job situation, but it won't impact her constitutional right to actually bear arms. Under 3142, the Court should consider the least restrictive methods, in this case, I think, address the safety issue being raised by pretrial services. If you look at Ms. Noel's history and character, she doesn't have a prior criminal record. She has no history of violence or bad conduct that might indicate that she is a physical threat, that she would use her firearm against another unwarrantedly. The pretrial services report was done by the person who's going to supervise her. I've had an opportunity to speak to pretrial services about this application, that I would be making this application, and fortunately, having worked with the pretrial services officer, he respectfully disagreed with my position and mentioned to me that one of the concerns is what happens if I come to the home and the gun is out? That's a problem. Well, it could be a problem, I suppose, but it's not like a dog who has its own will and may go bite someone. In fact, I submit to the Court that if my client had a dog that wasn't friendly to strangers, that one of the remedies we would say is when they come from pretrial services, you have to put SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021987 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 12 of 18 13. 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 persuade, induce, entice, and coerce an individual to travel in interstate and foreign commerce to engage in sexual activity for which a person can be charged with a criminal offense, and attempted to do the same, and aided and abetted the same, to wit, MAXWELL persuaded, induced, enticed, and coerced Minor Victim-1 to travel from Florida to New York, New York on multiple occasions with the intention that Minor Victim-1 would engage in one or more sex acts with Jeffrey Epstein, in violation of New York Penal Law, Section 130.55. (Title 18, United States Code, Sections 2422 and 2.) COUNT THREE (Conspiracy to Transport Minors with Intent to Engage in Criminal Sexual Activity) The Grand Jury further charges: 14. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within. 15. 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 12 DOJ-OGR-00001574 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page12 of 15 The government in the criminal case before Judge Nathan refused to agree to a modification of the protective order to allow Ms. Maxwell to inform Judge Preska of the material facts. Exhibit G. According to the government, even though all Ms. Maxwell sought was permission to share the requested information with other judicial officers under seal, a 11 DOJ-OGR-00019298 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 12 of 15 12 JbpWnoeC the dog away. What I'm suggesting to your Honor in the least restrictive manner is that we can make sure that if anyone from pretrial services comes to the home, that she will secure the gun away so that it's not out, since that seems to be their concern. She doesn't have any ill will towards the court staff or anyone a part of this process. She understands what she needs to do. There is no actual, credible, competent threat supported by evidence to suggest that at this time her constitutional right to possess her weapon should be infringed at this time. I suppose there could come a time where that could change, but when we take it now, without an individual assessment of her particulars, her background, the specific circumstances of the case, then it gives the impression as if the conclusion's foregone that she should be -- meaning in this case -- a felon deprived of her firearm. She's not. She remains innocent as we sit here today, and the fact that she's here is disappointing, but we're here, so we have to deal with it. All I'm asking for is fair consideration in an individualized way. Any concern that your Honor has about her possessing a firearm, I'd welcome you to address it with me so I have an opportunity to directly speak to your concerns. THE COURT: I'll hear from the government. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021988 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 13 of 18 wit, transportation of minors, in violation of Title 18, United States Code, Section 2423(a). 16. 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 transport an individual who had not attained the age of 18 in interstate and foreign commerce, with intent that the individual engage in sexual activity for which a person can be charged with a criminal offense, in violation of Title 18, United States Code, Section 2423(a). Overt Acts 17. 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: a. Between in or about 1994 and in or about 1997, when Minor Victim-1 was under the age of 18, MAXWELL participated in multiple group sexual encounters with EPSTEIN and Minor Victim-1 in New York and Florida. b. In or about 1996, when Minor Victim-1 was under the age of 18, Minor Victim-1 was enticed to travel from Florida to New York for purposes of sexually abusing her at the 13 DOJ-OGR-00001575 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page13 of 15 modification of the protective order would destroy the secrecy of the ongoing grand jury investigation. Ex. G, p 3-4. In Brown v. Maxwell, 929 F.3d at 47-48, this Court concluded that the right of access demanded the unsealing of the civil summary judgment material. A fair and consistent application of the decision in Brown supports Ms. Maxwell's request to share with Judge Preska the information she learned from Judge Nathan. There's no reason Judge Preska should be deprived access to material presumptively available to the public. 12 DOJ-OGR-00019299 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 13 of 15 1 MS. DONALESKI: Your Honor, with respect to modifying 2 the travel restrictions, we have no objection to including her 3 travel restriction to the Middle District of Pennsylvania. 4 5 With respect to the firearm, defense counsel raised 6 this in front of Judge Netburn last week, who had the 7 opportunity to consult with pretrial services. She denied this 8 request, as your Honor should do. 9 10 We respectfully submit it is due to the safety 11 concerns of pretrial services that the defendant should not be 12 permitted to possess her firearm. The pretrial services 13 officers have to go into the defendant's home, including at 14 unscheduled visits, and due to their safety concerns with 15 having a defendant who has access to a firearm and they may not 16 know where the firearm is in the home, it's entirely reasonable 17 for pretrial services to say as a policy defendants have to 18 surrender their firearms. 19 20 This is done in every case, your Honor, including law 21 enforcement officers who are on pretrial services supervision. 22 Defendants are required to give their firearms back or to 23 surrender their firearms simply for the safety of the pretrial 24 services officers who are going into their homes. And given 25 that safety concern, we believe that it is appropriate, as THE COURT: The removal of the firearm is a commonsense safety measure. The application is denied. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021989 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 14 of 18 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-00001576 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page14 of 15 Conclusion For these reasons, this Court should consolidate United States v. Maxwell, Case No. 20-3061, with Giuffre v. Maxwell, Case No. 20-2413. 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@hmflaw.com tgee@hmflaw.com amueller@hmflaw.com Counsel for Defendant-Appellant Ghislaine Maxwell 13 DOJ-OGR-00019300 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 14 of 15 14 1 Are there any further applications? 2 MR. FIGGINS: Yes, your Honor. 3 With respect to Mr. Thomas, last week, we asked for a 4 week to get two additional cosigners. I would just ask the 5 Court to give us another seven days. I've submitted the 6 information to the U.S. Attorney's Office, but they still need 7 to conduct their interview. I just don't want there to be any 8 issues with respect to having it completed by tomorrow, so I 9 would just ask the Court to extend it another seven days with 10 respect to getting those signers and getting it approved. 11 MS. DONALESKI: We have no objection to that, your 12 Honor. 13 THE COURT: All right. That deadline is extended by a 14 week. And I certainly have no objection to the Middle District 15 of Pennsylvania being included in those areas where Ms. Noel is 16 permitted to travel. 17 Is there anything further? 18 MS. DONALESKI: We'll just request a ruling on our 19 application to exclude time, your Honor. 20 THE COURT: Yes. The application is granted. Time is 21 excluded. 22 Is that without objection? 23 MR. FOY: That is without objection, your Honor. 24 MR. FIGGINS: That's fine, your Honor. 25 THE COURT: Time is excluded under the Speedy Trial SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021990 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 15 of 18 aided and abetted the same, to wit, MAXWELL arranged for Minor Victim-1 to be transported from Florida to New York, New York on multiple occasions with the intention that Minor Victim-1 would engage in one or more sex acts with Jeffrey Epstein, in violation of New York Penal Law, Section 130.55. (Title 18, United States Code, Sections 2423(a) and 2.) COUNT FIVE (Perjury) The Grand Jury further charges: 20. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within. 21. On or about April 22, 2016, in the Southern District of New York, GHISLAINE MAXWELL, the defendant, having taken an oath to testify truthfully in a deposition in connection with a case then pending before the United States District Court for the Southern District of New York under docket number 15 Civ. 7433, knowingly made false material declarations, to wit, MAXWELL gave the following underlined false testimony: Q. Did Jeffrey Epstein have a scheme to recruit underage girls for sexual massages? If you know. A. I don't know what you're talking about. ... 15 DOJ-OGR-00001577 --- PAGE BREAK --- Case 20-3061, Document 17, 09/10/2020, 2928288, Page15 of 15 Certificate of Service I certify that on September 10, 2020, I filed this Ghislaine Maxwell's Motion to Consolidate Appeal with the Court via CM/ECF, which will send notification of the filing to all counsel of record. I further certify that I emailed a copy of this Ghislaine Maxwell's Motion to Consolidate Appeal to all counsel of record. s/ Nicole Simmons 14 DOJ-OGR-00019301 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 17 Filed 12/19/19 Page 15 of 15 15 JbpWnoeC Act until April 20, 2020. I find that the ends of justice served by excluding such time outweigh the interests of the public and the defendants in a speedy trial because this will allow time for the prosecution to produce discovery, for the defense to consider it, to decide whether to prepare motions, and for the parties to discuss a possible disposition. The defendants' bail status shall remain the same. The matter is adjourned. (Adjourned) SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00021991 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 16 of 18 Q. List all the people under the age of 18 that you interacted with at any of Jeffrey's properties? A. I'm not aware of anybody that I interacted with, other than obviously [the plaintiff] who was 17 at this point. (Title 18, United States Code, Section 1623.) COUNT SIX (Perjury) The Grand Jury further charges: 22. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within. 23. On or about July 22, 2016, in the Southern District of New York, GHISLAINE MAXWELL, the defendant, having taken an oath to testify truthfully in a deposition in connection with a case then pending before the United States District Court for the Southern District of New York under docket number 15 Civ. 7433, knowingly made false material declarations, to wit, MAXWELL gave the following underlined false testimony: Q: Were you aware of the presence of sex toys or devices used in sexual activities in Mr. Epstein's Palm Beach house? A: No, not that I recall. . . . Q. Do you know whether Mr. Epstein possessed sex toys or devices used in sexual activities? A. No. 16 DOJ-OGR-00001578 --- PAGE BREAK --- Case 1:20-cv-20638 Document 17 Filed 07/08/20 Page 16 of 125 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 App.014 DOJ-OGR-00019473 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 17 of 18 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 17 DOJ-OGR-00001579 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 17 Filed 07/08/20 Page 18 of 18 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. SUPERSEDING INDICTMENT S1 20 Cr. 330 (AJN) (18 U.S.C. §§ 371, 1623, 2422, 2423(a), and 2) AUDREY STRAUSS Acting United States Attorney Foreperson 18 DOJ-OGR-00001580 --- PAGE BREAK --- d. MAXWELL's personal residence in London, England. 7. Among the victims induced or enticed by GHISLAINE MAXWELL, the defendant, were minor victims identified herein as Minor Victim-1, Minor Victim-2, and Minor Victim-3. In particular, and during time periods relevant to this Indictment, MAXWELL engaged in the following acts, among others, with respect to minor victims: a. MAXWELL met Minor Victim-1 when Minor Victim-1 was approximately 14 years old. MAXWELL subsequently interacted with Minor Victim-1 on multiple occasions at Epstein's residences, knowing that Minor Victim-1 was under the age of 18 at the time. During these interactions, which took place between approximately 1994 and 1997, MAXWELL groomed Minor Victim-1 to engage in sexual acts with Epstein through multiple means. First, MAXWELL and Epstein attempted to befriend Minor Victim-1, taking her to the movies and on shopping trips. MAXWELL also asked Minor Victim-1 about school, her classes, her family, and other aspects of her life. MAXWELL then sought to normalize inappropriate and abusive conduct by, among other things, undressing in front of Minor Victim-1 and being present when Minor Victim-1 undressed in front of Epstein. Within the first year after MAXWELL and Epstein met Minor Victim-1, Epstein began sexually abusing Minor Victim-1. MAXWELL was present for 7 App.019 DOJ-OGR-00019478 --- PAGE BREAK --- Case 20-30641 Document 17 Filed 09/08/20 Page 31 of 125 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 17 App.029 DOJ-OGR-00019488