Document 21

Case 1:19-cr-00490-RMB Document 21 Filed 07/16/19 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA ) USA / Plaintiff(s) ) ) ) Case No. 19CR490 v. ) ) JEFFREY EPSTEIN ) Defendant(s) ) ) ) NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE held on 7/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. Redaction responsibilities apply to the attorneys of record or pro se parties, even if the person requesting the transcript is a judge or a member of the public or media. The parties have seven (7) calendar days from the date of filing of this NOTICE to file with the court any NOTICE OF INTENT TO REQUEST REDACTION of this transcript. A copy of said NOTICE must also be served on the court reporter. If no such NOTICE is filed, the transcript may be made remotely electronically available to the public without redaction after ninety (90) calendar days. This process may only be used to redact the following personal data identifiers: Social Security numbers; dates of birth; minors' names; and financial account numbers. See Federal Rule of Civil Procedure 5.2, and Federal Rule of Criminal Procedure 49.1. Parties wishing to request redaction of other information may proceed by motion. I (we) certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter. /s KRISTEN CARRANANTE Court Reporter/Transcriber Date DOJ-OGR-00000430 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 21 Filed 07/10/20 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA -v- GHISLAINE MAXWELL Defendant. WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING 20-cr-330 (AJN) Check Proceeding that Applies X Arraignment I have been given a copy of the indictment containing the charges against me and have reviewed it with my attorney. I understand that I have a right to appear before a judge in a courtroom in the Southern District of New York to confirm that I have received and reviewed the indictment; to have the indictment read aloud to me if I wish; to enter a plea of either guilty or not guilty before the judge; and to have an attorney beside me as I do. By signing this document, I wish to advise the court that after consultation with my attorney I willingly give up my right to appear in person before the judge for my arraignment. By signing this document, I also wish to advise the court that I willingly give up any right I might have to have my attorney next to me for my arraignment so long as the following conditions are met. I want my attorney to be able to participate in the proceeding and to be able to speak on my behalf during the proceeding. I also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do so. Date: 7/10/2020 Signature of Defendant Ghislaine Maxwell by Christian R. Everdell, Esq. Print Name Ghislaine Maxwell X Bail Hearing I am applying or in the future may apply for release from detention, or if not detained, for modification of the conditions of my release from custody, that is, my bail conditions. I understand that I have a right to appear in person before a judge in a courtroom in the Southern District of New York at the time that my attorney makes such an application. I have discussed these rights with my attorney and wish to give up these rights due to the COVID-19 pandemic so long as the following conditions are met. I request that my attorney be permitted to make applications for my release from custody or for modification of the conditions of my release, even though I will not be physically present. I also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do so. Date: 7/10/2020 Signature of Defendant Ghislaine Maxwell by Christian R. Everdell, Esq. Print Name Ghislaine Maxwell X Conference DOJ-OGR-00001609 --- PAGE BREAK --- Case 20-3061, Document 21, 09/10/2020, 2928292, Page1 of 4 EXHIBIT D DOJ-OGR-00019320 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 21 Filed 01/27/20 Page 1 of 2 The Law Offices of MONTELL FIGGINS, LLC 17 Academy Street, Suite 305 Newark, New Jersey 07102 Phone: (973) 242-4700 Fax: (973) 242-4701 www.figginslaw.com BRANCH OFFICES: 140 East Ridgewood Avenue Paramus, NJ 07640 30 Wall Street 8th Floor New York, NY 1005 Reply to Newark Office [X] ASSOCIATES Kenneth E. Brown, Esq. Linda Childs, Esq. January 27, 2020 SENT VIA ECF Honorable Analisa Torres U.S. Southern District of NY 500 Pearl Street New York, NY 10007 Re: State of NY v Michael Thomas, et al. Docket No.: 1:19-cr-00830 Adjournment Request Dear Hon. Judge Torres: Pursuant to the Court's request, I am making a written request that the April 20, 2020 trial date be adjourned for at least 6 months. Firstly, the government in this matter sent out discovery on or about December 31, 2019. It was received in my office over the holiday break when no one was working. Thereafter, there was an issue with me being able to access the drive containing all of the information proffered by the government because we were given the wrong password by the government. Accordingly, I have had only about two weeks to review the voluminous discovery provided. The discovery ostensibly contains approximately 25,000 documents and hundreds of hours of video footage. In order to effectively represent my client, I will need at least an additional 60 days to review the discovery and discuss it with my client. Thereafter, I will still need to conduct an investigation based on the information and witness statements detailed in the discovery. Such an undertaking will take at the minimum another 60 days. As the Court can see, it will take me 90 days or more before I am in a position to know what additional discovery may be needed or what motions are appropriate. Additionally, this timeline doesn't even account for issues regarding subpoenas, requests for additional discovery and attempting to locate witnesses or hire experts. DOJ-OGR-00021996 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 21 Filed 07/10/20 Page 2 of 2 I have been charged in an indictment with violations of federal law. I understand that I have a right to be present at all conferences concerning this indictment that are held by a judge in the Southern District of New York, unless the conference involves only a question of law. I understand that at these conferences the judge may, among other things, 1) set a schedule for the case including the date at which the trial will be held, and 2) determine whether, under the Speedy Trial Act, certain periods of time should be properly excluded in setting the time by which the trial must occur. I have discussed these issues with my attorney and wish to give up my right to be physically present at the upcoming conference. By signing this document, I wish to advise the court that I willingly give up my right to be physically present at the upcoming conference in my case on account of the COVID-19 pandemic so long as the following conditions are met. I want my attorney to be able to participate in the proceeding and to be able to speak on my behalf during the proceeding. I also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do so. Date: 7/10/2020 Signature of Defendant Ghislaine Maxwell by Christian R. Everdell, Esq. Ghislaine Maxwell Print Name I hereby affirm that I am aware of my obligation to discuss with my client the charges contained in the indictment, my client's rights to attend and participate in the criminal proceedings encompassed by this waiver, and this waiver form. I affirm that my client knowingly and voluntarily consents to the proceedings being held in my client's absence. I will inform my client of what transpires at the proceedings and provide my client with a copy of the transcript of the proceedings, if requested. Date: 7/10/2020 Signature of Defense Counsel Christian R. Everdell Print Name Addendum for a defendant who requires services of an interpreter: I used the services of an interpreter to discuss these issues with the defendant. The interpreter also translated this document, in its entirety, to the defendant before the defendant signed it. The interpreter's name is: Date: Signature of Defense Counsel Accepted: Signature of Judge Date: 2 DOJ-OGR-00001610 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 21 Filed 01/27/20 Page 2 of 2 The Law Offices of MONTELL FIGGINS, LLC 17 Academy Street, Suite 305 Newark, New Jersey 07102 Phone: (973) 242-4700 Fax: (973) 242-4701 www.figginslaw.com BRANCH OFFICES: 140 East Ridgewood Avenue Paramus, NJ 07640 | 30 Wall Street 8th Floor New York, NY 1005 Reply to Newark Office [X] ASSOCIATES Kenneth E. Brown, Esq. Linda Childs, Esq. As previously noted, I intend on filing a motion for dismissal based on selective prosecution. If successful, this motion will entitle my client to additional discovery beyond what has previously been provided which also pushes the trial timeline beyond April of 2020. My client's position is also that we are entitled to any and all reports, memorandums, witness statements and investigative reports written, produced or possessed by the inspector general regarding this incident and the Federal Bureau of Prison's policy regarding written statements and employee conduct. It should be noted, that it took the justice department, the FBI, the inspector general's office and an assortment of other federal agencies more than 90 days to investigate this matter. Accordingly, it is more than reasonable that it would take the defendant and his counsel, who have less than one percent of the man power and resources of the government, a significantly longer time to accomplish an adequate investigation and review of all the necessary information provided in this case. Respectfully yours, /s/ Montell Figgins Montell Figgins, Esq. Attorney for Defendant Michael Thomas cc: Nicolas Roos, Esq., Counsel for Plaintiff Rebekah Donaleski, Esq., Counsel for Plaintiff Jessica Lonergan, Esq., Counsel for Plaintiff Jason Erroy Foy, Esq, Counsel for Defendant Noel DOJ-OGR-00021997