Document 20-3061

MANDATE 20-3061 United States v. Maxwell UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER Rulings by summary order do not have precedential effect. Citation to a summary order filed on or after January 1, 2007, is permitted and is governed by Federal Rule of Appellate Procedure 32.1 and this Court's Local Rule 32.1.1. When citing a summary order in a document filed with this Court, a party must cite either the Federal Appendix or an electronic database (with the notation "summary order"). A party citing a summary order must serve a copy of it on any party not represented by counsel. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 19th day of October, two thousand twenty. PRESENT: José A. Cabranes, Rosemary S. Pooler, Reena Raggi, Circuit Judges. UNITED STATES, Appellee, v. 20-3061-cr Ghislaine Maxwell, Defendant-Appellant. FOR APPELLEE: Lara Pomerantz, Assistant United States Attorney (Maurene Comey, Alison Moe, and Karl Metzner, Assistant United States Attorneys, on the brief), for Audrey Strauss, Acting United States Attorney, Southern District of New York, New York, NY. FOR DEFENDANT-APPELLANT: Adam Mueller (Ty Gee, on the brief), Haddon, Morgan and Foreman, P.C., Denver, CO. 1 MANDATE ISSUED ON 11/09/2020 --- PAGE BREAK --- Case 20-3061, Document 1-1, 09/09/2020, 2927741, Page1 of 2 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 DEBRA ANN LIVINGSTON CHIEF JUDGE Date: September 10, 2020 Docket #: 20-3061 Short Title: United States of America v. Maxwell CATHERINE O'HAGAN WOLFE CLERK OF COURT DC Docket #: 1:20-cr-330-1 DC Court: SDNY (NEW YORK CITY) DC Judge: Nathan DOCKETING NOTICE An appeal in the above-referenced case has been docketed under number: 20-3061. This number must appear on all documents related to this case that are filed in this Court. Appellate counsel of record either represented the appellant before the district court, filed the notice of appeal, or acted as counsel for appellee in the district court. For pro se parties the docket sheet with the caption page, and an Acknowledgment and Notice of Appearance Form are enclosed. In counseled cases the docket sheet is available on PACER. Counsel must access the Acknowledgment and Notice of Appearance Form from this Court's website http://www.ca2.uscourts.gov. The form must be completed and returned within 14 days of the date of this notice. The form requires the following information: YOUR CORRECT CONTACT INFORMATION: Review the party information on the docket sheet and note any incorrect information in writing on the Acknowledgment and Notice of Appearance Form. The Court will contact one counsel per party or group of collectively represented parties when serving notice or issuing our order. Counsel must designate on the Acknowledgment and Notice of Appearance a lead attorney to accept all notices from this Court who, in turn will, be responsible for notifying any associated counsel. CHANGE IN CONTACT INFORMATION: An attorney or pro se party who does not immediately notify the Court when contact information changes will not receive notices, documents and orders filed in the case. DOJ-OGR-00019237 --- PAGE BREAK --- Case 20-3061, Document 5-1, 09/09/2020, 2927755, Page1 of 1 United States Court of Appeals for the Second Circuit Thurgood Marshall U.S. Courthouse 40 Foley Square New York, NY 10007 DEBRA ANN LIVINGSTON CHIEF JUDGE CATHERINE O'HAGAN WOLFE CLERK OF COURT Date: September 10, 2020 Docket #: 20-3061 DC Docket #: 1:20-cr-330-1 Short Title: United States of America v. Maxwell DC Court: SDNY (NEW YORK CITY) DC Judge: Nathan NOTICE OF RECORD ON APPEAL FILED In the above referenced case the document indicated below has been filed in the Court. ___ Record on Appeal - Certified List ___ Record on Appeal - CD ROM ___ Record on Appeal - Paper Documents X___ Record on Appeal - Electronic Index ___ Record on Appeal - Paper Index Inquiries regarding this case may be directed to 212-857-8503. DOJ-OGR-00019263 --- PAGE BREAK --- 9/18/2020 Case 20-3061, Document 60, Filed 09/18/2020, Page4 of 125 LEAD ATTORNEY ATTORNEY TO BE NOTICED Pending Counts 18:371.F CONSPIRACY TO ENTICE MINORS TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (1) 18:371.F CONSPIRACY TO ENTICE MINORS TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (1s) 18:2422.F COERCION OR ENTICEMENT OFA MINOT TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (2) 18:2422.F COERCION OR ENTICEMENT OF MINOR TO ENGAGE IN ILLEGAL SEX ACTS (2s) 18:371.F CONSPIRACY TO TRANSPORT MINORS WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (3) 18:371.F 18:371.F CONSPIRACY TO TRANSPORT MINORS WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (3s) 18:2423.F COERCION OR ENTICEMENT OF MINOR FEMALE (TRANSPORTATION OF A MINOR WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY) (4) 18:2423.F TRANSPORTATION OF A MINOR WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (4s) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (PERJURY) (5-6) 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (5s-6s) Highest Offense Level (Opening) Felony Disposition https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?347708277129655-L_1_0-1 App.002 2/12 DOJ-OGR-00019461 --- PAGE BREAK --- 9/18/2020 Case 20-3061, Document 60-1 Filed 09/18/20 Page5 of 125 Terminated Counts None Highest Offense Level (Terminated) None Complaints None Disposition Disposition Plaintiff USA represented by Alex Rossmiller U.S. Attorney's Office, Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 (212)-637-2415 Email: alexander.rossmiller@usdoj.gov LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Assistant US Attorney Alison Gainfort Moe United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 (212)-637-2225 Email: alison.moe@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant US Attorney Maureen Ryan Comey United States Attorney's Office, SDNY One Saint Andrew's Plaza New York, NY 10007 (212)-637-2324 Email: maurene.comey@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Assistant US Attorney Lara Elizabeth Pomerantz United States Attorney's Office One St. Andrew's Plaza New York, NY 10007 212-637-2343 Fax: 212-637-2527 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?347708277129655-L_1_0-1 App.003 3/12 DOJ-OGR-00019462 --- PAGE BREAK --- 9/18/2020 Case 20-3061, Document 6n06/11/2020-2938382, Page6 of 125 Email: Lara.Pomerantz@usdoj.gov ATTORNEY TO BE NOTICED Date Filed # Docket Text 06/29/2020 1 SEALED INDICTMENT as to Sealed Defendant 1 (1) count(s) 1, 2, 3, 4, 5-6. (jm) (Main Document 1 replaced on 7/2/2020) (jm). (Entered: 07/02/2020) 07/02/2020 2 Order to Unseal Indictment as to Sealed Defendant 1. (Signed by Magistrate Judge Katharine H. Parker on 7/2/20)(jm) (Entered: 07/02/2020) 07/02/2020 INDICTMENT UNSEALED as to Ghislaine Maxwell. (jm) (Entered: 07/02/2020) 07/02/2020 Case Designated ECF as to Ghislaine Maxwell. (jm) (Entered: 07/02/2020) 07/02/2020 Case as to Ghislaine Maxwell ASSIGNED to Judge Alison J. Nathan. (jm) (Entered: 07/02/2020) 07/02/2020 Attorney update in case as to Ghislaine Maxwell. Attorney Alex Rossmiller,Maurene Ryan Comey,Alison Gainfort Moe for USA added. (jm) (Entered: 07/02/2020) 07/02/2020 4 MOTION to detain defendant . Document filed by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 07/02/2020) 07/02/2020 Arrest of Ghislaine Maxwell in the United States District Court - District of New Hampshire. (jm) (Entered: 07/06/2020) 07/05/2020 5 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Alex Rossmiller dated July 5, 2020 re: Request to Schedule Initial Appearance Document filed by USA. (Comey, Maurene) (Entered: 07/05/2020) 07/06/2020 6 Rule 5(c)(3) Documents Received as to Ghislaine Maxwell from the United States District Court - District of New Hampshire. (jm) (Entered: 07/06/2020) 07/06/2020 7 ORDER as to Ghislaine Maxwell. This matter has been assigned to me for all purposes. In its July 5, 2020 letter, the Government on behalf of the parties requested that the Court schedule an arraignment, initial appearance, and bail hearing in this matter in the afternoon of Friday, July 10. See Dkt. No. 5. In light of the COVID public health crisis, there are significant safety issues related to in-court proceedings. If the Defendant is willing to waive her physical presence, this proceeding will be conducted remotely. To that end, defense counsel should confer with the Defendant regarding waiving her physical presence. If the Defendant wishes to waive her physical presence for this proceeding, she and her counsel should sign the attached form in advance of the proceeding if feasible.If this proceeding is to be conducted remotely, there are protocols at the Metropolitan Detention Center that limit the times at which the Defendant could be produced so that she could appear by video. In the next week, the Defendant could be produced by video at either 9:00 a.m. on July 9, 2020 or sometime during the morning of July 14, 2020. Counsel are hereby ordered to meet and confer regarding scheduling for this initial proceeding in light of these constraints. If counsel does anticipate proceeding remotely, by 9:00 p.m. tonight, counsel should file a joint letter proposing a date and time for the proceeding consistent with this scheduling information, as well as a revised briefing schedule for the Defendant's bail application.SO ORDERED. (Signed by Judge Alison J. Nathan on 7/6/2020)(jbc) (Entered: 07/06/2020) 07/06/2020 8 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Mark S. Cohen dated July 6, 2020 re: Scheduling (Cohen, Mark) (Entered: 07/06/2020) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?347708277129655-L_1_0-1 App.004 4/12 DOJ-OGR-00019463 --- PAGE BREAK --- 9/18/2020 Case 20-3061, Document 60, Filed 09/18/2020, Page7 of 125 07/07/2020 9 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alex Rossmiller dated July 7, 2020 re: scheduling Document filed by USA. (Rossmiller, Alex) (Entered: 07/07/2020) 07/07/2020 10 ORDER as to Ghislaine Maxwell. An arraignment, initial conference, and bail hearing in this matter is hereby scheduled to occur as a remote video/teleconference using an internet platform on July 14, 2020 at 1 p.m. In advance of the conference, Chambers will email counsel with further information on how to access the video conference. To optimize the quality of the video feed, only the Court, the Defendant, defense counsel, and counsel for the Government will appear by video for the proceeding; all others may access the audio of the public proceeding by telephone. Due to the limited capacity of the internet platform only one attorney per party may participate by video. Co-counsel, members of the press, and the public may access the audio feed of the proceeding by calling a dial-in number, which the Court will provide in advance of the proceeding by subsequent order. Given the high degree of public interest in this case, a video feed of the remote proceeding will be available for viewing in the Jury Assembly Room located at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY. Due to social distancing requirements, seating will be extremely limited; when capacity is reached no additional persons will be admitted. Per the S.D.N.Y. COVID-19 Courthouse Entry Program, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to arriving at the courthouse. All visitors must also have their temperature taken when they arrive at the courthouse. Please see the instructions, attached. Completing the questionnaire ahead of time will save time and effort upon entry. Only persons who meet the entry requirements established by the questionnaire and whose temperatures are below 100.4 degrees will be allowed to enter the courthouse. Face coverings that cover the nose and mouth must be worn at all times. Anyone who fails to comply with the COVID-19 protocols that have been adopted by the Court will be required to leave the courthouse. There are no exceptions. As discussed in the Court's previous order, defense counsel shall, if possible, discuss the Waiver of Right to be Present at Criminal Proceeding with the Defendant prior to the proceeding. See Dkt. No. 7. If the Defendant consents, and is able to sign the form (either personally or, in accordance with Standing Order 20-MC-174 of March 27, 2020, by defense counsel), defense counsel shall file the executed form at least 24 hours prior to the proceeding. In the event the Defendant consents, but counsel is unable to obtain or affix the Defendant's signature on the form, the Court will conduct an inquiry at the outset of the proceeding to determine whether it is appropriate for the Court to add the Defendant's signature to the form. Pursuant to 18 U.S.C. § 3771(c)(1), the Government must make their best efforts to see that crime victims are notified of, and accorded, the rights provided to them in that section. This includes [t]he right to reasonable, accurate, and timely notice of any public court proceeding... involving the crime or of any release... of the accused and "[t]he right to be reasonably heard at any public proceeding in the district court involving release." Id. § 3771(a)(2), (4). The Court will inquire with the Government as to the extent of those efforts. So that appropriate logistical arrangements can be made, the Government shall inform the Court by email within 24 hours in advance of the proceeding if any alleged victim wishes to be heard on the question of detention pending trial. Finally, the time between the Defendant's arrest and July 6, 2020 is excluded under the Speedy Trial Act due to the delay involved in transferring the Defendant from another district. See 18 U.S.C. § 3161(h)(1)(F). And the Court further excludes time under the Speedy Trial Act from today through July 14, 2020. Due to the logistical issues involved in conducting a remote proceeding, the Court finds "that the ends of justice served by [this exclusion] outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161(h)(7)(A). The exclusion is also supported by the need for the parties to discuss a potential protective order, which will facilitate the timely production of discovery in a manner protective of the rights of third App.005 5/12 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?3477082777129655-L_1_0-1 DOJ-OGR-00019464