Case 1:19-cr-00490-RMB Document 23 Filed 07/16/19 Page 1 of 3 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 16, 2019 VIA ECF REQUEST TO FILE PARTIALLY UNDER SEAL The Honorable Richard M. Berman United States District Judge 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 respectfully submits this letter to provide the Court with additional information in response to the Court's questions at the detention hearing held on July 15, 2019 (the "Detention Hearing"). I. Payments to Potential Witnesses In a July 12, 2019 letter, the Government informed the Court that the Government had recently obtained records from a financial institution ("Institution-1") that appeared to show the defendant had made suspicious payments shortly after the Miami Herald began publishing, on approximately November 28, 2018, a series of articles relating to the defendant, his alleged sexual misconduct, and the circumstances under which he entered into a non-prosecution agreement ("NPA") with the U.S. Attorney's Office for the Southern District of Florida in 2007. The same series highlighted the involvement of several of Epstein's former employees and associates in the alleged sexual abuse. At the Detention Hearing, the Court asked the Government to provide additional information about the individuals to whom these payments appear to have been made. First, records from Institution-1 show that on or about November 30, 2018, or two days after the series in the Miami Herald began, the defendant wired $100,000 from a trust account he controlled to [REDACTED], an individual named as a potential co-conspirator—and for whom Epstein obtained protection in—the NPA. This individual was also named and featured prominently in the Herald series. Second, the same records show that just three days later, on or about December 3, 2018, the defendant wired $250,000 from the same trust account to [REDACTED], who was 1 For the reasons set forth at the Detention Hearing, and with the consent of the Court, the Government is redacting the identities of these individuals in the publicly filed version of this letter. DOJ-OGR-00000440
Full Text
Case 1:19-cr-00490-RMB Document 23 Filed 07/16/19 Page 1 of 3 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 16, 2019 VIA ECF REQUEST TO FILE PARTIALLY UNDER SEAL The Honorable Richard M. Berman United States District Judge 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 respectfully submits this letter to provide the Court with additional information in response to the Court's questions at the detention hearing held on July 15, 2019 (the "Detention Hearing"). I. Payments to Potential Witnesses In a July 12, 2019 letter, the Government informed the Court that the Government had recently obtained records from a financial institution ("Institution-1") that appeared to show the defendant had made suspicious payments shortly after the Miami Herald began publishing, on approximately November 28, 2018, a series of articles relating to the defendant, his alleged sexual misconduct, and the circumstances under which he entered into a non-prosecution agreement ("NPA") with the U.S. Attorney's Office for the Southern District of Florida in 2007. The same series highlighted the involvement of several of Epstein's former employees and associates in the alleged sexual abuse. At the Detention Hearing, the Court asked the Government to provide additional information about the individuals to whom these payments appear to have been made. First, records from Institution-1 show that on or about November 30, 2018, or two days after the series in the Miami Herald began, the defendant wired $100,000 from a trust account he controlled to [REDACTED], an individual named as a potential co-conspirator—and for whom Epstein obtained protection in—the NPA. This individual was also named and featured prominently in the Herald series. Second, the same records show that just three days later, on or about December 3, 2018, the defendant wired $250,000 from the same trust account to [REDACTED], who was 1 For the reasons set forth at the Detention Hearing, and with the consent of the Court, the Government is redacting the identities of these individuals in the publicly filed version of this letter. DOJ-OGR-00000440
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Case 19-2221, Document 23, 08/21/2019, 2637827, Page1 of 1
UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT
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 21st day of August, two thousand and nineteen,
United States of America,
Appellee,
ORDER
Docket No. 19-2221
v.
Jeffrey Epstein, AKA Sealed defendant 1,
Defendant - Appellant.
The parties in the above-referenced case have filed a stipulation withdrawing this appeal
pursuant to FRAP 42.
The stipulation is hereby "So Ordered".
For The Court:
Catherine O'Hagan Wolfe,
Clerk of Court
Catherine O'Hagan Wolfe
DOJ-OGR-00000836
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Case 21-770, Document 23, 04/01/2021, 30685977, Page1 of 1
NOTICE OF APPEARANCE FOR SUBSTITUTE, ADDITIONAL, OR AMICUS COUNSEL
Short Title: United States v. Maxwell Docket No.: 21-58(L), 21-770(CON)
Substitute, Additional, or Amicus Counsel's Contact Information is as follows:
Name: Thomas McKay
Firm: United States Attorney's Office for the Southern District of New York
Address: One St. Andrew's Plaza
Telephone: (212) 637-2268 Fax: (212) 637-0128
E-mail: thomas.mckay@usdoj.gov
Appearance for: United States of America/Appellee (party/designation)
Select One:
Substitute counsel (replacing lead counsel: ) (name/firm)
Substitute counsel (replacing other counsel: ) (name/firm)
Additional counsel (co-counsel with: Won Shin/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/ Type or Print Name: Thomas McKay
DOJ-OGR-00001309
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Case 1:20-cr-00330-AJN Document 23 Filed 07/14/20 Page 1 of 1
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
United States of America,
-v-
Ghislain Maxwell,
Defendant.
20-CR-330 (AJN)
ORDER
ALISON J. NATHAN, District Judge:
For the reasons stated on the record at today's proceeding, the Government's motion to detain the Defendant pending trial is hereby GRANTED.
SO ORDERED.
Dated: July 14, 2020
New York, New York
ALISON J. NATHAN
United States District Judge
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Case 20-3061, Document 23, 09/10/2020, 2928294, Page1 of 6
EXHIBIT F
DOJ-OGR-00019327
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Case 1:19-cr-00830-AT Document 23 Filed 01/30/20 Page 1 of 1
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
-against-
TOVA NOEL and MICHAEL THOMAS,
Defendants.
ANALISA TORRES, District Judge:
At the status conference held on January 30, 2020, Defendant Michael Thomas informed the Court of his intention to file a motion to dismiss. Accordingly, it is hereby ORDERED that:
(1) By March 20, 2020, Mr. Thomas shall file his motion to dismiss;
(2) By April 10, 2020, the Government shall file its opposition;
(3) By April 24, 2020, Mr. Thomas shall file his reply, if any.
SO ORDERED.
Dated: January 30, 2020
New York, New York
ANALISA TORRES
United States District Judge
USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 1/30/2020
DOJ-OGR-00022001
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Case 1:19-cr-00490-RMB Document 23 Filed 07/16/19 Page 2 of 3
Hon. Richard M. Berman
United States District Judge
July 16, 2019
Page 2
also named as a potential co-conspirator—and for whom Epstein also obtained protection in—the NPA. This individual is also one of the employees identified in the Indictment, which alleges that she and two other identified employees facilitated the defendant’s trafficking of minors by, among other things, contacting victims and scheduling their sexual encounters with the defendant at his residences in Manhattan and Palm Beach, Florida. This individual was also named and featured prominently in the Herald series.
II. Police Report
During the Detention Hearing, the parties referenced a redacted copy of a Palm Beach police report, which was annexed to the Government’s July 12, 2019 detention memorandum. At the Court’s request, the Government has provided a supplemental copy of the police report previously filed, with information referred to in open court unredacted. The updated copy of the police report is attached as Exhibit A.
III. Foreign Passport
During the Detention Hearing, the Government informed the Court that it had recently learned that law enforcement agents had seized what appears to be an expired foreign passport (the “Foreign Passport”) from a safe in the defendant’s Manhattan residence during the execution of a search warrant on or about July 6, 2019. The Foreign Passport has a photograph that appears to depict the defendant, but lists a different name. Photographs of that passport are annexed hereto as Exhibit B. In the same safe, agents discovered what appears to be an expired United States passport issued to the defendant, in his true name, within three years of the date on the Foreign Passport. A photograph of that United States passport is annexed hereto as Exhibit C, so that the Court may compare the passports, both of which appear to depict the defendant. Because Exhibits B and C contain personally identifiable information and sensitive information relevant to the ongoing investigation, the Government respectfully requests that Exhibits B and C be filed under seal.
The Government is attempting to obtain additional information about the Foreign Passport, including how it was obtained and whether the passport is genuine or fabricated. But the defendant’s possession of what purports to be a foreign passport issued under an alias gives rise to the inference the defendant knows how to obtain false travel documents and/or assume other, foreign identities. This adds to the serious risk of flight posed by the defendant.2
2 The Government has asked defense counsel to advise whether the defendant is currently, or has been in the past, a citizen or legal permanent resident of a country other than the United States. To date, defense counsel has declined to respond. Certainly if the defendant is, or has been, a citizen or permanent resident of another country, that would add significantly to the overwhelming evidence of risk of flight.
DOJ-OGR-00000441
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Case 21-58, Document 23, 03/29/2021, 3065988, Page2 of 24
APPEAL,ECF,INTAPP
U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:20-cr-00330-AJN All Defendants
Case title: USA v. Maxwell Date Filed: 06/29/2020
Assigned to: Judge Alison J. Nathan
Appeals court case number: 21-0058 U.S. Court of Appeals, 2nd Circ.
Defendant (1)
Ghislaine Maxwell also known as Sealed Defendant 1 represented by Christian R. Everdell Cohen & Gresser LLP 800 Third Avenue New York, NY 10022 212-707-7268 Fax: 212-957-4514 Email: ceverdell@cohengresser.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey S. Pagliuca Haddon Morgan and Foreman 150 East 10th Avenue Denver, CO 80203 (303)-831-7364 Fax: (303)-832-2628 Email: jpagliuca@hmflaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura A. Menninger Haddon, Morgan and Foreman, P.C. 150 East Tenth Avenue Denver, CO 80203 (303)-831-7364 Fax: (303)-832-2628 Email: lmenninger@hmflaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Stewart Cohen Cohen & Gresser, LLP (NYC) 800 Third Avenue New York, NY 10022 (212) 957-7600 Fax: (212)957-4514 Email: mcohen@cohengresser.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bobbi C Sternheim Law Offices of Bobbi C. Sternheim 33 West 19th Street–4th Fl. New York, NY 10007 (212) 243-1100 Fax: (888) 587-4737 Email: bc@sternheimlaw.com
DOJ-OGR-00019797
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Case 1:19-cr-00490-RMB Document 23 Filed 07/16/19 Page 3 of 3
Hon. Richard M. Berman
United States District Judge
July 16, 2019
Page 3
IV. Cash and Diamonds
At the Detention Hearing, the Government informed the Court that diamonds and cash were seized from a safe in the defendant's Manhattan residence. The Court inquired as to the value of these items. After conferring with law enforcement agents who have reviewed the materials from the safe, the Government has learned that the safe contained more than $70,000 in cash. In addition, the safe contained 48 loose diamond stones, ranging in size from approximately 1 carat to 2.38 carats, as well as a large diamond ring. The Government is currently unaware of whether the defendant maintains similar stashes of cash and/or jewels at his multiple properties, or in other locations. Such ready cash and loose diamonds are consistent with the capability to leave the jurisdiction at a moment's notice.
V. Conclusion
For the reasons set forth herein, in the Government's July 8, 2019 and July 12, 2019 detention memoranda, and on the record at the Detention Hearing, the Court should order that the defendant be detained pending trial. The defendant cannot meet his burden of overcoming the presumption that there is no combination of conditions that would reasonably assure his continued appearance in this case or protect the safety of the community were he to be released.
Respectfully submitted,
GEOFFREY S. BERMAN
United States Attorney
By: /s
Alison Moc / Alex Rossmiller / Maurene Comey
Assistant United States Attorneys
Southern District of New York
Tel: (212) 637-2225 / 2415 / 2324
Cc: Martin Weinberg, Esq., and Reid Weingarten, Esq., counsel for defendant
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Case 21-58, Document 23, 03/29/2021, 3065988, Page3 of 24
ATTORNEY TO BE NOTICED
Pending Counts
Disposition
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 OF A 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 (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
DOJ-OGR-00019798
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Case 21-58, Document 23, 03/29/2021, 3065988, Page4 of 24
Terminated Counts
None
Disposition
Highest Offense Level (Terminated)
None
Complaints
None
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
Maurene 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
Andrew Rohrbach
DOJ-USAO
1 St. Andrew's Plaza
New York, NY 10007
212-637-2345
Email: Andrew.Rohrbach@usdoj.gov
ATTORNEY TO BE NOTICED
Lara Elizabeth Pomerantz
United States Attorney's Office
One St. Andrew's Plaza
New York, NY 10007
212-637-2343
Fax: 212-637-2527
Email: Lara.Pomerantz@usdoj.gov
ATTORNEY TO BE NOTICED
DOJ-OGR-00019799
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Case 21-58, Document 23, 03/29/2021, 3065988, Page5 of 24
| 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)(jbo) (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) |
| 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 DOJ-OGR-00019800
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Case 21-58, Document 23, 03/29/2021, 3065988, Page6 of 24
capacity of the internet platform system, 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(e)(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 parties. See Dkt. No. 5. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/7/2020)(jbo) (Entered: 07/07/2020)
07/08/2020 11 MEMO ENDORSEMENT as to Ghislaine Maxwell on 9 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alex Rossmiller dated July 7, 2020 re: scheduling. ENDORSEMENT: The Court hereby sets the following briefing schedule. The Defense response is due by 1:00 p.m. on July 10, 2020. The Government reply is due by 1:00 p.m. on July 13, 2020. Additionally, defense counsel is ordered to file notices of appearance on the docket by the end of the day today. SO ORDERED. (Responses due by 7/10/2020. Replies due by 7/13/2020.) (Signed by Judge Alison J. Nathan on 7/8/2020) (lnl) (Entered: 07/08/2020)
07/08/2020 12 NOTICE OF ATTORNEY APPEARANCE: Mark Stewart Cohen appearing for Ghislaine Maxwell. Appearance Type: Retained. (Cohen, Mark) (Entered: 07/08/2020)
07/08/2020 13 NOTICE OF ATTORNEY APPEARANCE: Christian R. Everdell appearing for Ghislaine Maxwell. Appearance Type: Retained. (Everdell, Christian) (Entered: 07/08/2020)
07/08/2020 14 NOTICE OF ATTORNEY APPEARANCE: Laura A. Menninger appearing for Ghislaine Maxwell. Appearance Type: Retained. (Menninger, Laura) (Entered: 07/08/2020)
DOJ-OGR-00019801
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Case 21-58, Document 23, 03/29/2021, 3065988, Page7 of 24
07/08/2020 15 MOTION for Jeffrey S. Pagliuca to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20605229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit Declaration of Jeffrey S. Pagliuca, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Pagliuca, Jeffrey) (Entered: 07/08/2020)
07/08/2020 17 (S1) SUPERSEDING INDICTMENT filed as to Ghislaine Maxwell (1) count(s) 1s, 2s, 3s, 4s, 5s-6s. (jm) (Entered: 07/10/2020)
07/09/2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Jeffrey S. Pagliuca to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20605229. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) (Entered: 07/09/2020)
07/09/2020 16 ORDER as to Ghislaine Maxwell. 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 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. (Signed by Judge Alison J. Nathan on 7/9/2020)(jbo) (Entered: 07/09/2020)
07/10/2020 18 MEMORANDUM in Opposition by Ghislaine Maxwell re 4 MOTION to detain defendant .. (Cohen, Mark) (Entered: 07/10/2020)
07/10/2020 19 NOTICE OF ATTORNEY APPEARANCE: Mark Stewart Cohen appearing for Ghislaine Maxwell. Appearance Type: Retained. (Cohen, Mark) (Entered: 07/10/2020)
07/10/2020 20 NOTICE OF ATTORNEY APPEARANCE: Christian R. Everdell appearing for Ghislaine Maxwell. Appearance Type: Retained. (Everdell, Christian) (Entered: 07/10/2020)
07/10/2020 21 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Ghislaine Maxwell. (Everdell, Christian) (Entered: 07/10/2020)
07/13/2020 22 REPLY MEMORANDUM OF LAW in Support by USA as to Ghislaine Maxwell re: 4 MOTION to detain defendant . . (Moe, Alison) (Entered: 07/13/2020)
DOJ-OGR-00019802
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| 07/13/2020 | | ORDER granting 15 Motion for Jeffrey Pagliuca to Appear Pro Hac Vice as to Ghislaine Maxwell (1). (Signed by Judge Alison J. Nathan on 7/13/2020) (kwi) (Entered: 07/13/2020)
| 07/14/2020 | 23 | ORDER as to Ghislaine Maxwell. For the reasons stated on the record at today's proceeding, the Governments motion to detain the Defendant pending trial is hereby GRANTED (Signed by Judge Alison J. Nathan on 7/14/20)(jw) (Entered: 07/14/2020)
| 07/14/2020 | | Minute Entry for proceedings held before Judge Alison J. Nathan:Arraignment as to Ghislaine Maxwell (1) Count 1s,2s,3s,4s,5s-6s held on 7/14/2020. Defendant Ghislaine Maxwell present by video conference with attorney Mark Cohen present by video conference, AUSA Alison Moe, Alex Rossmiller and Maurene Comey for the government present by video conference, Pretrial Service Officer Lea Harmon present by telephone and Court Reporter Kristine Caraannante. Defendant enters a plea of Not Guilty to the S1 indictment. Trial set for July 12, 2021. See Order. Time is excluded under the Speedy Trial Act from today until July 12, 2021. Bail is denied. Defendant is remanded. See Transcript. (jw) (Entered: 07/14/2020)
| 07/14/2020 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Plea entered by Ghislaine Maxwell (1) Count 1s,2s,3s,4s,5s-6s Not Guilty. (jw) (Entered: 07/14/2020)
| 07/14/2020 | 24 | Waiver of Right to be Present at Criminal Proceeding as to Ghislaine Maxwell re: Arraignment, Bail Hearing, Conference. (jw) (Entered: 07/14/2020)
| 07/15/2020 | 25 | ORDER as to Ghislaine Maxwell. Initial non-electronic discovery, generally to include search warrant applications and subpoena returns, is due by Friday, August 21, 2020. Completion of discovery, to include electronic materials, is due by Monday, November 9, 2020. Motions are due by Monday, December 21, 2020. Motion responses are due by Friday, January 22, 2021. Motion replies are due by Friday, February 5, 2021. Trial is set for Monday, July 12, 2021 ( Discovery due by 8/21/2020., Motions due by 12/21/2020) (Signed by Judge Alison J. Nathan on 7/15/20)(jw) (Entered: 07/15/2020)
| 07/21/2020 | 26 | ORDER as to Ghislaine Maxwell: The Court has received a significant number of letters and messages from non-parties that purport to be related to this case. These submissions are either procedurally improper or irrelevant to the judicial function. Therefore, they will not be considered or docketed. The Court will accord the same treatment to any similar correspondence it receives in the future. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/21/2020) (lml) (Entered: 07/21/2020)
| 07/21/2020 | 27 | LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated July 21, 2020 re: Local Criminal Rule 23.1 . Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 07/21/2020)
| 07/23/2020 | 28 | ORDER as to Ghislaine Maxwell: The Defense has moved for an order "prohibiting the Government, its agents and counsel for witnesses from making extrajudicial statements concerning this case." Dkt. No. 27 at 1. The Court firmly expects that counsel for all involved parties will exercise great care to ensure compliance with this Court's local rules, including Local Criminal Rule 23.1, and the rules of professional responsibility. In light of this clear expectation, the Court does not believe that further action is needed at this time to protect the Defendant's right to a fair trial by an impartial jury. Accordingly, it denies the Defendant's motion without prejudice. But the Court warns counsel and agents for the parties and counsel for potential witnesses that going forward it will not hesitate to take appropriate action in the face of violations of any relevant rules. The Court will ensure strict compliance with those rules and will ensure that the Defendant's right to a fair trial will be safeguarded. (Signed by Judge Alison J. Nathan on 7/23/2020) (ap) (Entered: 07/23/2020)
| 07/27/2020 | 29 | LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 27, 2020 re: Proposed Protective Order . Document filed by Ghislaine Maxwell Exhibit A (Proposed Protective Order)(Everdell, Christian) (Entered: 07/27/2020)
| 07/27/2020 | 30 | AFFIDAVIT of Christian R. Everdell by Ghislaine Maxwell. (Everdell, Christian) (Entered: 07/27/2020)
| 07/27/2020 | 31 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe dated July 27, 2020 re: requesting until 5 p.m. tomorrow to respond to DOJ-OGR-00019803
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Case 21-58, Document 23, 03/29/2021, 3065988, Page9 of 24 defense counsel's letter, filed July 27, 2020 Document filed by USA. (Moe, Alison) (Entered: 07/27/2020) 07/27/2020 32 MEMO ENDORSEMENT as to Ghislaine Maxwell on 31 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe dated July 27, 2020 re: requesting until 5 p.m. tomorrow to respond to defense counsel's letter, filed July 27, 2020. ENDORSEMENT: The Government's response to the Defense's letter is due by 5 p.m. on July 28, 2020. The Defense may file a reply by 5 p.m. on July 29, 2020. Before the Government's response is filed, the parties must meet and confer by phone regarding this issue, and any response from the Government must contain an affirmation that the parties have done so. SO ORDERED. (Responses due by 7/28/2020. Replies due by 7/29/2020.) (Signed by Judge Alison J. Nathan on 7/27/2020) (lnl) (Entered: 07/27/2020) 07/28/2020 33 LETTER RESPONSE to Motion by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alex Rossmiller dated July 28, 2020 re: 29 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 27, 2020 re: Proposed Protective Order .. (Attachments: # 1 Exhibit A (proposed protective order)) (Rossmiller, Alex) (Entered: 07/28/2020) 07/28/2020 34 AFFIDAVIT of Alex Rossmiller by USA as to Ghislaine Maxwell. (Rossmiller, Alex) (Entered: 07/28/2020) 07/29/2020 35 LETTER REPLY TO RESPONSE to Motion by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 29, 2020 re 29 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 27, 2020 re: Proposed Protective Order .. (Everdell, Christian) (Entered: 07/29/2020) 07/30/2020 36 PROTECTIVE ORDER as to Ghislaine Maxwell...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED: (Signed by Judge Alison J. Nathan on 7/30/2020)(bw) (Entered: 07/31/2020) 07/30/2020 37 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. Both parties have asked for the Court to enter a protective order. While they agree on most of the language, two areas of dispute have emerged. First, Ms. Maxwell seeks language allowing her to publicly reference alleged victims or witnesses who have spoken on the public record to the media or in public fora, or in litigation relating to Ms. Maxwell or Jeffrey Epstein. Second, Ms. Maxwell seeks language restricting potential Government witnesses and their counsel from using discovery materials for any purpose other than preparing for the criminal trial in this action. The Government has proposed contrary language on both of these issues. For the following reasons, the Court adopts the Government's proposed protective order Under Federal Rule of Criminal Procedure 16(d)(1), "[a]t any time the court may, for good cause, deny, restrict, or defer discovery or inspection, or grant other appropriate relief." The good cause standard "requires courts to balance several interests, including whether dissemination of the discovery materials inflicts hazard to others... whether the imposition of the protective order would prejudice the defendant," and "the public's interest in the information." United States v. Smith, 985 F. Supp. 2d 506, 522 (S.D.N.Y. 2013). The party seeking to restrict disclosure bears the burden of showing good cause. Cf. Gambale v. Deutsche Bank AG, 377 F.3d 133, 142 (2d Cir. 2004). First, the Court finds that the Government has met its burden of showing good cause with regard to restricting the ability of Ms. Maxwell to publicly reference alleged victims and witnesses other than those who have publicly identified themselves in this litigation. As a general matter, it is undisputed that there is a strong and specific interest in protecting the privacy of alleged victims and witnesses in this case that supports restricting the disclosure of their identities. Dkt. No. 29 at 3 (acknowledging that as a baseline the protective order should "prohibit[] Ms. Maxwell, defense counsel, and others on the defense team from disclosing or disseminating the identity of any alleged victim or potential witness referenced in the discovery materials"); see also United States v. Corley, No. 13-cr-48, 2016 U.S. Dist. LEXIS 194426, at *11 (S.D.N.Y. Jan. 15, 2016). The Defense argues this interest is significantly diminished for individuals who have spoken on the public record about Ms. Maxwell or Jeffrey Epstein, because they have voluntarily chosen to identify themselves. But not all accusations or public statements are equal. Deciding to participate in or contribute to a criminal investigation or prosecution is a far different matter than simply making a public statement "relating to" Ms. Maxwell or Jeffrey Epstein, particularly since such a DOJ-OGR-00019804
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statement might have occurred decades ago and have no relevance to the charges in this case. These individuals still maintain a significant privacy interest that must be safeguarded. The exception the Defense seeks is too broad and risks undermining the protections of the privacy of witnesses and alleged victims that is required by law. In contrast, the Government's proffered language would allow Ms. Maxwell to publicly reference individuals who have spoken by name on the record in this case. It also allows the Defense to "referenc[e] the identities of individuals they believe may be relevant... to Potential Defense Witnesses and their counsel during the course of the investigation and preparation of the defense case at trial." Dkt. No. 33-1, 5. This proposal adequately balances the interests at stake. And as the Government's letter notes, see Dkt. No. 33 at 4, to the extent that the Defense needs an exception to the protective order for a specific investigative purpose, they can make applications to the Court on a case-by-case basis. Second, restrictions on the ability of potential witnesses and their counsel to use discovery materials for purposes other than preparing for trial in this case are unwarranted. The request appears unprecedented despite the fact that there have been many high-profile criminal matters that had related civil litigation. The Government labors under many restrictions including Rule 6(e) of the Federal Rules of Criminal Procedure, the Privacy Act of 1974, and other policies of the Department of Justice and the U.S. Attorney's Office for the Southern District of New York, all of which the Court expects the Government to scrupulously follow. Furthermore, the Government indicates that it will likely only provide potential witnesses with materials that those witnesses already have in their possession. See Dkt. No. 33 at 6. And of course, those witnesses who do testify at trial would be subject to examination on the record as to what materials were provided or shown to them by the Government. Nothing in the Defense's papers explains how its unprecedented proposed restriction is somehow necessary to ensure a fair trial. For the foregoing reasons, the Court adopts the Government's proposed protective order, which will be entered on the docket. This resolves Dkt. No. 29. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/30/2020)(bw) (Entered: 07/31/2020)
08/10/2020 38 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 10, 2020 re: Discovery Disclosure and Access . Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 08/10/2020)
08/10/2020 39 AFFIDAVIT of Christian R. Everdell by Ghislaine Maxwell. (Everdell, Christian) (Entered: 08/10/2020)
08/11/2020 40 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 38 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 10, 2020 re: Discovery Disclosure and Access. ENDORSEMENT: The Government is hereby ORDERED to respond to the Defendant's letter motion by Thursday, August 13, 2020. The Defendant's reply, if any, is due on or before Monday, August 17, 2020. (Responses due by 8/13/2020. Replies due by 8/17/2020) (Signed by Judge Alison J. Nathan on 8/11/2020) (ap) (Entered: 08/11/2020)
08/13/2020 41 LETTER RESPONSE in Opposition by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alex Rossmiller dated August 13, 2020 re: 38 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 10, 2020 re: Discovery Disclosure and Access .. (Rossmiller, Alex) (Entered: 08/13/2020)
08/17/2020 42 LETTER REPLY TO RESPONSE to Motion by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 17, 2020 re 38 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 10, 2020 re: Discovery Disclosure and Access .. (Everdell, Christian) (Entered: 08/17/2020)
08/17/2020 43 LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated August 17, 2020 re: Request for Permission to Submit Letter Motion in Excess of Three Pages . Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 08/17/2020)
08/18/2020 44 ORDER as to Ghislaine Maxwell: On August 17, 2020, the Defendant filed a letter motion seeking a modification of this Court's Protective Order, which the Court entered on July 30, 2020. Defendant also moves to file that letter motion under seal. The Government's opposition to Defendant's letter motion is hereby due Friday, August
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21 at 12 p.m. The Defendant's reply is due on Monday, August 24 at 12 p.m. The parties shall propose redactions to the letter briefing on this issue. Alternatively, the parties shall provide support and argument for why the letter motions should be sealed in their entirety. SO ORDERED. (Responses due by 8/21/2020. Replies due by 8/24/2020.) (Signed by Judge Alison J. Nathan on 8/18/2020) (lnl) (Entered: 08/18/2020)
08/20/2020 45 NOTICE OF ATTORNEY APPEARANCE Lara Elizabeth Pomerantz appearing for USA. (Pomerantz, Lara) (Entered: 08/20/2020)
08/20/2020 50 SEALED DOCUMENT placed in vault. (mhe) (Entered: 08/27/2020)
08/21/2020 46 LETTER RESPONSE in Opposition by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Maurene Comey dated August 21, 2020 re: 43 LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated August 17, 2020 re: Request for Permission to Submit Letter Motion in Excess of Three Pages .. (Rossmiller, Alex) (Entered: 08/21/2020)
08/21/2020 47 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Maurene Comey dated August 21, 2020 re: Proposed redactions to letter briefing, in response to the Court's Order of August 18, 2020 Document filed by USA. (Rossmiller, Alex) (Entered: 08/21/2020)
08/24/2020 48 LETTER MOTION addressed to Judge Alison J. Nathan from Laura A. Menninger dated August 24, 2020 re: Request to File Under Seal: Proposed Redactions to Request to Modify Protective Order and Reply in Support Thereof . Document filed by Ghislaine Maxwell. (Menninger, Laura) (Entered: 08/24/2020)
08/25/2020 49 MEMORANDUM OPINION AND ORDER: denying without prejudice 38 LETTER MOTION as to Ghislaine Maxwell (1). On August 10, 2020, the Defendant filed a letter motion related to two issues. Dkt. No. 38. First, the Defendant seeks an order directing the Government to disclose to defense counsel immediately the identities of the three alleged victims referenced in the indictment. Second, the Defendant seeks an order directing the Bureau of Prisons ("BOP") to release the Defendant into the general population and to provide her with increased access to the discovery materials. For the reasons that follow, Defendant's requests are DENIED without prejudice....[See this Memorandum Opinion And Order]... III. Conclusion: For the reasons stated above, Defendant's requests contained in Dkt. No. 38 are DENIED without prejudice. Following the close of discovery, the parties shall meet and confer on an appropriate schedule for pre-trial disclosures, including the disclosure of § 3500 material, exhibit lists, and witness lists, taking into account all relevant factors. The Government is hereby ORDERED to submit written status updates every 90 days detailing any material changes to the conditions of Ms. Maxwell's confinement, with particular emphasis on her access to legal materials and ability to communicate with defense counsel. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/25/2020) (bw) (Entered: 08/25/2020)
09/02/2020 51 MEMORANDUMOPINION AND ORDER as to Ghislaine Maxwell: On August 17, 2020, Defendant Ghislaine Maxwell filed a sealed letter motion seeking an Order modifying the protective order in this case. Specifically, she sought a Court order allowing her to file under seal in certain civil cases ("Civil Cases") materials ("Documents") that she received in discovery from the Government in this case. She also sought permission to reference, but not file, other discovery material that the Government produced in this case. For the reasons that follow, Defendant's requests are DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/2/2020)(See MEMORANDUM OPINION AND ORDER as set forth) (lnl) (Entered: 09/02/2020)
09/02/2020 52 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan, from Jeffrey S. Pagliuca dated 8/17/2020 re: Defense counsel writes with redacted request to modify protective order (ap) (Entered: 09/02/2020)
09/04/2020 55 NOTICE OF APPEAL by Ghislaine Maxwell from 51 Memorandum & Opinion. Filing fee $ 505.00, receipt number 465401266036. (tp) (Entered: 09/09/2020)
09/08/2020 53 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan dated 8/24/2020 re: Proposed Redactions to Request to Modify Protective Order. (jbo) (Entered: 09/08/2020)
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| Date | Number | Description |
|------------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 09/08/2020 | 54 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan dated 8/24/2020 re: Reply in Support of Request to Modify Protective Order. (jbo) (Entered: 09/08/2020) |
| 09/09/2020 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ghislaine Maxwell to US Court of Appeals re: 55 Notice of Appeal. (tp) (Entered: 09/09/2020) |
| 09/09/2020 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ghislaine Maxwell re: 55 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 09/09/2020) |
| 09/10/2020 | 56 | SEALED DOCUMENT placed in vault. (dn) (Entered: 09/11/2020) |
| 09/10/2020 | 57 | SEALED DOCUMENT placed in vault. (dn) (Entered: 09/11/2020) |
| 09/24/2020 | 58 | SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/24/2020) |
| 10/05/2020 | 59 | NOTICE OF ATTORNEY APPEARANCE: Bobbi C Sternheim appearing for Ghislaine Maxwell. Appearance Type: Retained. (Sternheim, Bobbi) (Entered: 10/05/2020) |
| 10/06/2020 | 60 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated October 6, 2020 re: Request to Delay Disclosure Document filed by USA. (Comey, Maurene) (Entered: 10/06/2020) |
| 10/06/2020 | 61 | AFFIDAVIT of Maurene Comey by USA as to Ghislaine Maxwell. (Comey, Maurene) (Entered: 10/06/2020) |
| 10/07/2020 | 62 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 60 Accordingly, the Government respectfully requests that the Court approve the Government's request to delay disclosure of these Materials...ENDORSEMENT...The Defendant shall file any opposition to the Government's request by October 14, 2020. The Government's reply, if any, is due by October 20, 2020. SO ORDERED. (Government Replies due by 10/20/2020., Defendant Responses due by 10/14/2020) (Signed by Judge Alison J. Nathan on 10/7/20)(jw) (Entered: 10/07/2020) |
| 10/07/2020 | 63 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated October 7, 2020 re: Review of Investigative Files from Other Offices and Agencies Document filed by USA. (Comey, Maurene) (Entered: 10/07/2020) |
| 10/14/2020 | 64 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated October 14, 2020 re: Response to 60 LETTER addressed to Judge Alison J. Nathan dated October 6, 2020 re: Request to Delay Disclosure. (Everdell, Christian) (Entered: 10/14/2020) |
| 10/20/2020 | 65 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated October 20, 2020 re: Reply Letter in Further Support of Request to Delay Disclosure Document filed by USA. (Comey, Maurene) (Entered: 10/20/2020) |
| 10/23/2020 | 66 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 23, 2020 re: Response to the Governments October 7, 2020 letter (Pagliuca, Jeffrey) (Entered: 10/23/2020) |
| 10/30/2020 | 67 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated October 30, 2020 re: Reply to Defense's October 23, 2020 Letter Document filed by USA. (Comey, Maurene) (Entered: 10/30/2020) |
| 11/05/2020 | 68 | ORDER as to Ghislaine Maxwell: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (Signed by Judge Alison J. Nathan on 11/5/2020) (See ORDER set forth) (ap) (Entered: 11/05/2020) |
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| 11/06/2020 | 69 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated November 6, 2020 re: Request to Extend Discovery Deadline for Portion of Electronic Discovery Document filed by USA. (Comey, Maurene) (Entered: 11/06/2020) |
| 11/06/2020 | 70 | AFFIDAVIT of Maurene Comey by USA as to Ghislaine Maxwell. (Comey, Maurene) (Entered: 11/06/2020) |
| 11/09/2020 | 71 | MANDATE of USCA (Certified Copy) as to Ghislaine Maxwell re: 55 Notice of Appeal. USCA Case Number 20-3061-cr. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the motion to consolidate is DENIED and the appeal is DISMISSED for want of jurisdiction.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/09/2020. (nd) (Entered: 11/09/2020) |
| 11/09/2020 | 72 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 69 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated November 6, 2020 re: Request to Extend Discovery Deadline for Portion of Electronic Discovery. ENDORSEMENT: The Court hereby extends the deadline for the Government's production of electronic discovery from November 9, 2020 to November 23, 2020. The Court also grants parties' request for an extension of the motions deadlines as follows: the Defendant's motions are due by January 11, 2021, the Government's responses are due by February 12, 2021, and any replies are due by February 19, 2021. SO ORDERED. (Discovery due by 11/23/2020. Motions due by 1/11/2021. Responses due by 2/12/2021. Replies due by 2/19/2021.) (Signed by Judge Alison J. Nathan on 11/9/2020) (Inl) (Entered: 11/10/2020) |
| 11/18/2020 | 73 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 60 Letter filed by USA as to Ghislaine Maxwell re: The Government respectfully requests that the Court approve the Government's request to delay disclosure of these Materials...ENDORSEMENT...There is no dispute that the materials referenced in the Government's letter will be turned over to the defense. The Government has indicated that it will do so. The only dispute, then, relates to the timing of such disclosure. See Dkt. Nos. 64, 65. Because the Government has articulated plausible reasons for some delay of disclosure, see Dkt. No. 65 at 4, the Court grants the Government's request to delay disclosure. However, the Governments proposal to delay disclosure until 8 weeks in advance of trial is insufficient. In order to ensure that the defense can adequately prepare for trial, the Government shall produce the referenced materials, which are not voluminous, to the defense by March 12, 2021. Disclosure of the materials will of course be subject to the protective order entered by the Court, see Dkt. No. 36. (Government Responses due by 3/12/2021) (Signed by Judge Alison J. Nathan on 11/18/20)(jw) (Entered: 11/18/2020) |
| 11/23/2020 | 74 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated November 23, 2020 re: Update Regarding Conditions of Confinement Document filed by USA. (Comey, Maurene) (Entered: 11/23/2020) |
| 11/24/2020 | 75 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/24/2020 re: Response to 90-day MDC conditions report (Sternheim, Bobbi) (Entered: 11/24/2020) |
| 11/24/2020 | 76 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 75 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/24/2020 re: Response to 90-day MDC conditions report. ENDORSEMENT: The parties are hereby ORDERED to meet and confer regarding Defendant's request that Warden Heriberto Tellez directly address Defendant's concerns regarding the conditions of her detention. The parties shall jointly submit a status update within one week of this Order. (Signed by Judge Alison J. Nathan on 11/24/2020) (ap) (Entered: 11/24/2020) |
| 12/01/2020 | 77 | ORDER as to Ghislaine Maxwell. On November 25, 2020, the Defendant filed a letter request under seal. On November 30, 2020, she filed a second letter request in which she proposed redactions on both letters. The Government is hereby ORDERED to respond to the Defendant's November 25, 2020 letter request and to the request for proposed redactions by no later than December 2, 2020. The letters shall be DOJ-OGR-00019808
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temporarily sealed while the Court resolves the redaction request. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/1/2020)(bw) (Entered: 12/01/2020)
12/01/2020 78 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 1, 2020 re: Joint Letter regarding Conditions of Confinement Document filed by USA. (Pomerantz, Lara) (Entered: 12/01/2020)
12/02/2020 79 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 78 LETTER by USA addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 1, 2020 re: Joint Letter regarding Conditions of Confinement. ENDORSEMENT: MDC legal counsel shall submit their letter to the Court by December 4, 2020. Upon review of that letter, the Court will determine whether any additional information is required, either orally or in writing. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/2/2020)(bw) (Entered: 12/02/2020)
12/02/2020 80 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 2, 2020 re: Defense Requests for Sealing Document filed by USA. (Comey, Maurene) (Entered: 12/02/2020)
12/03/2020 81 ORDER as to Ghislaine Maxwell. On November 25, 2020, counsel for Defendant Ghislaine Maxwell filed a letter request seeking an in camera conference for the presentation of a renewed motion for release on bail and a request to seal the sealing request. On November 30, 2020, the defense counsel filed a second letter no longer fully pressing the unsupported request to file the letter entirely under seal and instead proposing redactions to both the November 25th and November 30th letters. The Government has indicated that it does not oppose the redactions. Dkt. No. 80. After due consideration, the Court will adopt the Defendant's proposed redactions, which are consented to by the Government. The Court's decision is guided by the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "Such countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995) ("Amodeo II")). The proposed redactions satisfy this test. First, the Court finds that the Defendant's letter motions are "relevant to the performance of the judicial function and useful in the judicial process," thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And while the Court assumes that the common law presumption of access attaches, in balancing competing considerations against the presumption of access, the Court finds that the arguments the Defendant has put forth—including, most notably, the privacy interests of the individuals referenced in the letters—favor her proposed and tailored redactions. The Defendant is hereby ORDERED to docket the redacted versions of the two letters by December 4, 2020. For the reasons outlined in the Government's letter dated December 2, 2020, Dkt. No. 80, the Court DENIES the Defendant's request for an in camera conference. In order to protect the privacy interests referenced in the Defendant's November 25, 2020 letter, the Court will permit the Defendant to make her submission in writing and to propose narrowly tailored redactions. The parties are hereby ORDERED to meet and confer and to jointly prepare a briefing schedule for the Defendant's forthcoming renewed motion for release on bail. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/3/2020)(bw) (Entered: 12/03/2020)
12/03/2020 82 SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)
12/03/2020 83 SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)
12/03/2020 84 SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)
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| Date | Dkt. No. | Description
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Case 21-58, Document 23, 03/29/2021, 3065988, Page16 of 24 necessary steps to ensure that the Defendant continues to receive adequate access to her legal materials and her ability to communicate with defense counsel. (Signed by Judge Alison J. Nathan on 12/8/2020) (ap) (Entered: 12/08/2020) 12/10/2020 93 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 7/14/2020 before Judge Alison J. Nathan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/31/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/10/2021. (McGuirk, Kelly) (Entered: 12/10/2020) 12/10/2020 94 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 7/14/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/10/2020) 12/14/2020 95 ORDER as to Ghislaine Maxwell: On December 8, 2020, Defendant Ghislaine Maxwell filed her renewed application for bail under seal with proposed redactions, in accordance with this Court's December 7, 2020 Order, see Dkt. No. 89. The Government did not file any opposition to the Defendant's proposed redactions. After due consideration, the Court will adopt the Defendant's proposed redactions. The Court's decision to adopt those redactions is guided by the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "Such countervailing factors include but are not limited to the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure thereof.' Id. at 120 (quoting United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir.1995) ("Amodeo II")). The proposed redactions satisfy this test. The Court finds that Defendant's letter motions are "relevant to the performance of the judicial function and useful in the judicial process,' thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And the Court also finds that the common law presumption of access attaches. Id. at 146; see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 602 (1978). Nevertheless, in balancing competing considerations against the presumption of access, the Court finds that the redactions are narrowly tailored to properly guard the privacy interests of the individuals referenced in the Defendant's submission and in the corresponding exhibits The Defendant is hereby ORDERED to docket the redacted documents and corresponding exhibits dated 12/14/2020) (ap) (Entered: 12/14/2020) 12/14/2020 96 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 8, 2020 re: Cover Letter for Renewed Bail Application (Everdell, Christian) (Entered: 12/14/2020) 12/14/2020 97 MEMORANDUM OF LAW in Support by Ghislaine Maxwell re: Renewed Motion for Bail. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Everdell, Christian) (Entered: 12/14/2020) 12/17/2020 98 NOTICE OF ATTORNEY APPEARANCE Andrew Rohrbach appearing for USA. (Rohrbach, Andrew) (Entered: 12/17/2020) 12/18/2020 99 ORDER as to Ghislaine Maxwell: On December 16, 2020, the Government filed its opposition to Defendant Ghislaine Maxwell's renewed application for bail. In accordance with this Court's December 7, 2020 Order, see Dkt. No. 89, the Government filed its materials under seal and proposed narrowly tailored redactions on DOJ-OGR-00019811
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those materials. The Defendant did not file any opposition to the Government's proposed redactions. The Court will adopt the Government's proposed redactions after applying the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "Such countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo ("Amodeo II"), 71 F.3d 1044, 1050 (2d Cir. 1995)). The proposed redactions satisfy this test. The Court finds that the Governments submissions are "relevant to the performance of the judicial function and useful in the judicial process," thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And the Court also finds that the common law presumption of access attaches. Id. at 146; see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 602 (1978). Nevertheless, the proposed redactions are narrowly tailored to serve substantial interests, including, most importantly, third parties' personal privacy interests. See Under Seal v. Under Seal, 273 F. Supp. 3d 460, 467 (S.D.N.Y.2017). The Government is hereby ORDERED to docket the redacted documents and corresponding exhibits by no later than December 18, 2 (Signed by Judge Alison J. Nathan on 12/18/2020) (ap) (Entered: 12/18/2020)
12/18/2020 | 100 | MEMORANDUM OF LAW in Opposition by USA as to Ghislaine Maxwell Renewed Bail Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Comey, Maurene) (Entered: 12/18/2020)
12/23/2020 | 101 | ORDER as to Ghislaine Maxwell: On December 18, 2020, the Defendant filed her reply to the Government's opposition to her renewed application for bail. In accordance with this Court's December 7, 2020 Order, see Dkt. No. 89, she filed these materials under seal and proposed narrowly tailored redactions on those materials. The Government did not file any opposition to the Defendant's proposed redactions. The Court will adopt the Defendant's proposed redactions after applying the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "Such countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo ("Amodeo II"), 71 F.3d 1044, 1050 (2d Cir. 1995)). The proposed redactions satisfy this test. The Court finds that the Defendant's submissions are "relevant to the performance of the judicial function and useful in the judicial process," thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And the Court also finds that the common law presumption of access attaches. Id. at 146; see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 602 (1978). As with the redactions to her renewed motion for bail, the proposed redactions here are narrowly tailored to serve substantial interests, including, most importantly, third parties personal privacy interests. See Under Seal v. Under Seal, 273 F. Supp. 3d 460, 467 (S.D.N.Y. 2017). See also Dkt. No. 95. The Defendant is hereby ORDERED to docket the redacted documents and corresponding exhibits by no later than December 23, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/23/2020) (Inl)
12/23/2020 | 102 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 18, 2020 re: Cover Letter for Reply Memorandum for Renewed Bail Application (Everdell, Christian) (Entered: 12/23/2020)
12/23/2020 | 103 | REPLY MEMORANDUM OF LAW in Support by Ghislaine Maxwell re: Renewed Motion for Bail. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Everdell, Christian) (Entered: 12/23/2020)
12/28/2020 | 104 | ORDER as to Ghislaine Maxwell. On December 8, 2020, Defendant Ghislaine Maxwell filed a renewed motion for releaseon bail. Dkt. No. 97. In an Opinion and Order concurrently filed under temporary seal, the Court DENIES the Defendant's
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motion. In light of the fact that the Opinion includes potentially confidential information that should not be filed on the public docket, the Court will permit the parties 48 hours to propose any redactions to the Courts Opinion and Order and to justify those redactions by reference to the Second Circuits decision in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110(2d Cir. 2006). After determining which, if any, portions of the Opinion and Order should be redacted, the Court will file the Opinion and Order on the public docket. As a result, the Court concludes that the Government has met its burden of persuasion that the Defendant poses a flight risk and that pretrial detention continues to be warranted. On or before December 30, 2020, the parties are ORDERED to submit a joint letter indicating whether they propose any redactions and the justification for any such proposal. This resolves Dkt No. 97. (Signed by Judge Alison J. Nathan on 12/28/20)(jw) (Entered: 12/28/2020)
12/30/2020 105 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 30, 2020 re: Joint Letter re December 28, 2020 Opinion and Order Document filed by USA. (Comey, Maurene) (Entered: 12/30/2020)
12/30/2020 106 OPINION AND ORDER as to Ghislaine Maxwell. Defendant Ghislaine Maxwell has been indicted by a grand jury on charges of conspiracy to entice minors to travel to engage in illegal sex acts, in violation of 18 U.S.C. § 371; enticing a minor to travel to engage in illegal sex acts, in violation of 18 U.S.C. §§ 2422 and 2; conspiracy to transport minors to participate in illegal sex acts, in violation of 18 U.S.C. § 371; transporting minors to participate in illegal sex acts, in violation of 18 U.S.C. §§ 2423 and 2; and two charges of perjury, in violation of 18 U.S.C. § 1623. The Court held a lengthy bail hearing on July 14, 2020. After extensive briefing and argument at the hearing, the Court concluded that the Defendant was a clear risk of flight and that no conditions or combination of conditions would ensure her appearance. Defendant Ghislaine Maxwells renewed motion for release on bail, Dkt. No. 97, is DENIED. (Signed by Judge Alison J. Nathan on 12/28/20)(jw) (Entered: 12/30/2020)
12/31/2020 107 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 31, 2020 re: Extension of Time . Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 12/31/2020)
01/05/2021 108 MEMO ENDORSEMENT as to Ghislaine Maxwell (1) on 107 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 31, 2020 re: Extension of Time. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 1/5/2021) (ap) (Entered: 01/05/2021)
01/05/2021 Set/Reset Deadlines as to Ghislaine Maxwell: Motions due by 1/25/2021. Responses due by 2/26/2021. Replies due by 3/5/2021. (ap) (Entered: 01/05/2021)
01/08/2021 109 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated January 8, 2021 re: Extension of Time to File Notice of Appeal . Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 01/08/2021)
01/11/2021 110 SEALED DOCUMENT placed in vault. (jus) (Entered: 01/11/2021)
01/11/2021 111 SEALED DOCUMENT placed in vault. (jus) (Entered: 01/11/2021)
01/11/2021 112 MEMO ENDORSEMENT as to Ghislaine Maxwell (1) denying 109 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated January 8, 2021 re: Extension of Time to File Notice of Appeal. ENDORSEMENT: The request is denied. Good cause for an extension of time to file a notice of appeal has not been provided. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/11/2021) (lnl) (Entered: 01/11/2021)
01/11/2021 113 NOTICE OF APPEAL by Ghislaine Maxwell from 104 Order. (nd) (Entered: 01/12/2021)
01/11/2021 Appeal Remark as to re: 113 Notice of Appeal by Ghislaine Maxwell. $505.00 Appeal filing fee due. (nd) (Entered: 01/12/2021)
01/12/2021 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ghislaine Maxwell to US Court of Appeals re: 113 Notice of Appeal. (nd) (Entered: 01/12/2021)
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01/12/2021
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ghislaine Maxwell re: 113 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 01/12/2021)
01/13/2021 114 INTERNET CITATION NOTE as to Ghislaine Maxwell: Material from decision with Internet citation re: 106 Memorandum & Opinion. (sjo) (Entered: 01/13/2021)
01/14/2021 115 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated January 14, 2021 re: Laptop Access (Everdell, Christian) (Entered: 01/14/2021)
01/15/2021 116 MEMO ENDORSEMENT as to Ghislaine Maxwell on 115 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated January 14, 2021 re: Laptop Access. ENDORSEMENT: The unobjected-to request is GRANTED. The Bureau of Prisons is ORDERED to give the Defendant access to the laptop computer on weekends and holidays during the hours that she is permitted to review discovery. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/15/2021) (lnl) (Entered: 01/15/2021)
01/15/2021
USCA Case Number 21-0058 from the U.S. Court of Appeals, 2nd Circ. as to Ghislaine Maxwell, assigned to 113 Notice of Appeal filed by Ghislaine Maxwell. (nd) (Entered: 01/15/2021)
01/15/2021
USCA Appeal Fees received $ 505.00, receipt number 465401271727 as to Ghislaine Maxwell on 01/15/2021 re: 113 Notice of Appeal filed by Ghislaine Maxwell. (nd) (Entered: 01/15/2021)
01/25/2021 117 ORDER as to Ghislaine Maxwell: On January 25, 2021, the Court received by email the attached letter from the Bureau of Prisons ("BOP"). In the letter, the BOP requests that the Court vacate its January 15, 2021 Order, Dkt. No. 116, which directed the BOP to give the Defendant access to her Government provided laptop computer on weekends and holidays during the hours that she is permitted to review discovery. The Defendant and the Government may respond to the BOP's letter within one week of this Order. (Signed by Judge Alison J. Nathan on 1/25/2021) (ap) (Entered: 01/25/2021)
01/25/2021 118 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Mark S. Cohen dated January 25, 2021 re: Pretrial Motions (Cohen, Mark) (Entered: 01/25/2021)
01/25/2021 119 MOTION for Separate Trial on Counts Ghislaine Maxwell (1) Count 5s-6s,5-6 . Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 120 MEMORANDUM in Support by Ghislaine Maxwell re 119 MOTION for Separate Trial on Counts Ghislaine Maxwell (1) Count 5s-6s,5-6 .. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 121 MOTION to Dismiss Either Count One Or Count Three of the Superseding Indictment as Multiplicitous. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 122 MEMORANDUM in Support by Ghislaine Maxwell re 121 MOTION to Dismiss Either Count One Or Count Three of the Superseding Indictment as Multiplicitous.. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 123 MOTION to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 124 MEMORANDUM in Support by Ghislaine Maxwell re 123 MOTION to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity.. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 125 MOTION to Dismiss the Superseding Indictment as it was Obtained in Violation of the Sixth Amendment. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 01/25/2021)
01/25/2021 126 MEMORANDUM in Support by Ghislaine Maxwell re 125 MOTION to Dismiss the Superseding Indictment as it was Obtained in Violation of the Sixth Amendment.. (Cohen, Mark) (Entered: 01/25/2021)
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(Cohen, Mark) (Entered: 01/25/2021)
01/26/2021 | 127 | ORDER as to Ghislaine Maxwell: On January 25, 2021, the Defendant filed twelve pre-trial motions. Because there is a request to redact sensitive or confidential information, several of the motions have been filed under temporary seal. The Government may respond to the Defendant's proposed redactions within two days of this Order. (Signed by Judge Alison J. Nathan on 1/26/2021) (ap) (Entered: 01/26/2021)
01/28/2021 | 128 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated January 28, 2021 re: Defendant's Proposed Redactions to Pre-Trial Motions Document filed by USA. (Pomerantz, Lara) (Entered: 01/28/2021)
02/01/2021 | 129 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated February 1, 2021 re: MDC Laptop Access Document filed by USA. (Comey, Maurene) (Entered: 02/01/2021)
02/01/2021 | 130 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 02/02/2021 re: Opposition to MDC letter (Sternheim, Bobbi) (Entered: 02/01/2021)
02/02/2021 | 131 | MEMO ENDORSEMENT as to Ghislaine Maxwell on Letter addressed to Judge Alison J. Nathan from Sophia Papapetru ( Staff Attorney, MDC Brooklyn, Federal Bureau of Prisons) dated January 25, 2021. ENDORSEMENT: Having considered the request submitted by the Bureau of Prisons ("BOP") that the Court vacate its January 15, 2021 Order, Dkt. No. 117, as well as the Defendant's responses, Dkt. Nos. 129, 130, the Court hereby DENIES the BOP's request to vacate the Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/2/2021)(bw) (Entered: 02/02/2021)
02/04/2021 | 132 | ORDER as to Ghislaine Maxwell: The Defendant is hereby ORDERED to docket the redacted documents and corresponding exhibits by no later than February 5, 2021. With respect to Motion 3, the Defendant is ORDERED to docket the version that includes the Government's proposed redactions in addition to her own. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/4/2021)(See ORDER as set forth) (lnl) (Entered: 02/04/2021)
02/04/2021 | 133 | MOTION to Suppress Under the Due Process Clause All Evidence Obtained from the Governments Subpoena to REDACTED and to Dismiss Counts Five and Six. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 134 | MEMORANDUM in Support by Ghislaine Maxwell re 133 MOTION to Suppress Under the Due Process Clause All Evidence Obtained from the Governments Subpoena to REDACTED and to Dismiss Counts Five and Six.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 135 | MOTION to Dismiss Counts Five and Six of the Superseding Indictment Because the Alleged Misstatements are Not Perjurious as a Matter of Law. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 136 | MEMORANDUM in Support by Ghislaine Maxwell re 135 MOTION to Dismiss Counts Five and Six of the Superseding Indictment Because the Alleged Misstatements are Not Perjurious as a Matter of Law.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 137 | MOTION to Dismiss Counts One Through Six of the Superseding Indictment for Pre-Indictment Delay. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 138 | MEMORANDUM in Support by Ghislaine Maxwell re 137 MOTION to Dismiss Counts One Through Six of the Superseding Indictment for Pre-Indictment Delay.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Pagliuca, Jeffrey) (Entered: 02/04/2021)
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| Date | Number | Description |
|------------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 02/04/2021 | 139 | MOTION to Suppress Under the Fourth Amendment, Martindell, and the Fifth Amendment All Evidence Obtained from the Governments Subpoena to REDACTED and to Dismiss Counts Five And Six. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/04/2021) |
| 02/04/2021 | 140 | MEMORANDUM in Support by Ghislaine Maxwell re 139 MOTION to Suppress Under the Fourth Amendment, Martindell, and the Fifth Amendment All Evidence Obtained from the Governments Subpoena to REDACTED and to Dismiss Counts Five And Six.. (Pagliuca, Jeffrey) (Entered: 02/04/2021) |
| 02/04/2021 | 141 | MOTION to Dismiss the Superseding Indictment for Breach of Non-Prosecution Agreement.. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 142 | MEMORANDUM in Support by Ghislaine Maxwell re 141 MOTION to Dismiss the Superseding Indictment for Breach of Non-Prosecution Agreement.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Sealed), # 4 Exhibit D (Sealed), # 5 Exhibit E (Sealed), # 6 Exhibit F (Sealed), # 7 Exhibit G (Sealed), # 8 Exhibit H (Sealed))(Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 143 | MOTION to Dismiss Counts One Through Four of the Superseding Indictment as Time-Barred. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 144 | MEMORANDUM in Support by Ghislaine Maxwell re 143 MOTION to Dismiss Counts One Through Four of the Superseding Indictment as Time-Barred.. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 145 | MOTION to Strike Surplusage from Superseding Indictment. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 146 | MEMORANDUM in Support by Ghislaine Maxwell re 145 MOTION to Strike Surplusage from Superseding Indictment.. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 147 | MOTION for Bill of Particulars and Pretrial Disclosures. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 148 | MEMORANDUM in Support by Ghislaine Maxwell re 147 MOTION for Bill of Particulars and Pretrial Disclosures.. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Sealed), # 3 Exhibit C (Sealed), # 4 Exhibit D (Sealed), # 5 Exhibit E)(Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 149 | AFFIDAVIT of Bobbi C. Sternheim in Support as to Ghislaine Maxwell re 147 MOTION for Bill of Particulars and Pretrial Disclosures.. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/05/2021 | 150 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 151 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 152 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 153 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 154 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 155 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 156 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 157 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 158 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated February 5, 2021 re: MDC Conditions Update Document filed by USA. (Comey, Maurene) (Entered: 02/05/2021) |
| 02/16/2021 | 159 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 02/16/2021 re: Conditions of Pretrial Confinement (Sternheim, Bobbi) (Entered: 02/16/2021) |
DOJ-OGR-00019816
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Case 21-58, Document 23, 03/29/2021, 3065988, Page22 of 24
| Date | Dkt. No. | Description |
|------------|----------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 02/23/2021 | 160 | THIRD MOTION for Bond. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 02/23/2021) |
| 02/24/2021 | 161 | ORDER as to Ghislaine Maxwell: On February 23, 2021, Defendant Ghislaine Maxwell filed a third motion for release on bail. Dkt. No. 160. The Government's response is due March 9, 2021, and the Defendants reply is due March 16, 2021. SO ORDERED. (Responses due by 3/9/2021. Replies due by 3/16/2021.) (Signed by Judge Alison J. Nathan on 2/24/2021) (lnl) (Entered: 02/24/2021) |
| 02/26/2021 | 162 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSA Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated February 26, 2021 re: Cover Letter for Government Opposition to Defense Pretrial Motions. Document filed by USA. (Comey, Maurene) (Entered: 02/26/2021) |
| 03/01/2021 | 163 | LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated March 1, 2021 re: Extension of Time to File Reply to Government Opposition to Defense Pretrial Motions. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 03/01/2021) |
| 03/01/2021 | 164 | MEMO ENDORSEMENT 163 LETTER MOTION To request a 10-day extension of time until Monday, March 15, 2021 to file our reply re: 163 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated March 1, 2021 re: Extension of Time to File Briefing Schedule...ENDORSEMENT...The Defendant's request is GRANTED. Her reply to the Government's Omnibus Memorandum in Opposition to the Defendants Pretrial Motions is now due on March 15, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/1/21) (jw) (Entered: 03/01/2021) |
| 03/01/2021 | | Set/Reset Deadlines/Hearings as to Ghislaine Maxwell: Defendant Replies due by 3/15/2021 (jw) (Entered: 03/01/2021) |
| 03/09/2021 | 165 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSA Maurene Comey, Alison Moe, and Lara Pomerantz dated March 9, 2021 re: Opposition to Third Bail Motion. Document filed by USA. (Attachments: # 1 Exhibit A) (Pomerantz, Lara) (Entered: 03/09/2021) |
| 03/15/2021 | 166 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated March 15, 2021 re: Pretrial Motion Replies (Everdell, Christian) (Entered: 03/15/2021) |
| 03/16/2021 | 167 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 03/16/2021 re: Letter regarding Reply to Bail Motion (Sternheim, Bobbi) (Entered: 03/16/2021) |
| 03/18/2021 | 168 | ORDER as to Ghislaine Maxwell. On February 26, 2021, the Government filed its omnibus memorandum of law opposing Defendants' twelve pretrial motions. It filed the brief, along with the corresponding exhibits, under temporary seal pending the Court's resolution of its request to redact sensitive or confidential information. See Dkt. No. 162. On March 9, 2021, the Defendant objected to certain of the redactions that the Government had proposed, and she proposed additional redactions. Having considered the parties' respective positions, the Court will grant the Government's requests for redactions and sealing, as well as the Defendant's additional redaction requests, with the exceptions discussed below. Finally, the Court denies the Governments request to file Exhibit 11 entirely under seal. While portions of that transcript have been redacted, other portions are part of the public record. See Giuffre v. Maxwell, Case No. 15-cv-7433, Dkt. No. 1212-1. In light of this, the Court sees no basis to file the transcript entirely under seal rather than by redacting the relevant portions. In light of the above, the Government is hereby ORDERED to either docket on ECF their brief and the corresponding exhibits, consistent with this Order, or to file a letter with the Court justifying more tailored redaction and sealing requests regarding pages 1128 and 187188 and Exhibits 8 and 9 by no later than March 22, 2021. The Defendant is further ORDERED to meet, confer, and jointly propose redactions to the Defendant's cover letter objecting to the Government's proposed redactions by March 22, 2021. Finally, the parties are ORDERED to meet, confer, and propose redactions to Exhibit 11 of the Government's submission by March 22, 2021 (Signed by Judge Alison J. Nathan on 3/18/21) (jw) (Entered: 03/18/2021) |
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| Date | Docket # | Description
--- PAGE BREAK ---
Case 21-58, Document 23, 03/29/2021, 3065988, Page24 of 24
03/24/2021 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ghislaine Maxwell re: 173 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 03/24/2021)
03/24/2021 174 SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021)
03/24/2021 175 SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021)
03/24/2021 176 SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021)
DOJ-OGR-00019819
Individual Pages
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Case 19-2221, Document 23, 08/21/2019, 2637827, Page1 of 1
UNITED STATES COURT OF APPEALS
FOR THE
SECOND CIRCUIT
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 21st day of August, two thousand and nineteen,
United States of America,
Appellee,
ORDER
Docket No. 19-2221
v.
Jeffrey Epstein, AKA Sealed defendant 1,
Defendant - Appellant.
The parties in the above-referenced case have filed a stipulation withdrawing this appeal
pursuant to FRAP 42.
The stipulation is hereby "So Ordered".
For The Court:
Catherine O'Hagan Wolfe,
Clerk of Court
Catherine O'Hagan Wolfe
DOJ-OGR-00000836
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Case 21-770, Document 23, 04/01/2021, 30685977, Page1 of 1
NOTICE OF APPEARANCE FOR SUBSTITUTE, ADDITIONAL, OR AMICUS COUNSEL
Short Title: United States v. Maxwell Docket No.: 21-58(L), 21-770(CON)
Substitute, Additional, or Amicus Counsel's Contact Information is as follows:
Name: Thomas McKay
Firm: United States Attorney's Office for the Southern District of New York
Address: One St. Andrew's Plaza
Telephone: (212) 637-2268 Fax: (212) 637-0128
E-mail: thomas.mckay@usdoj.gov
Appearance for: United States of America/Appellee (party/designation)
Select One:
Substitute counsel (replacing lead counsel: ) (name/firm)
Substitute counsel (replacing other counsel: ) (name/firm)
Additional counsel (co-counsel with: Won Shin/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/ Type or Print Name: Thomas McKay
DOJ-OGR-00001309
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Case 1:20-cr-00330-AJN Document 23 Filed 07/14/20 Page 1 of 1
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
United States of America,
-v-
Ghislain Maxwell,
Defendant.
20-CR-330 (AJN)
ORDER
ALISON J. NATHAN, District Judge:
For the reasons stated on the record at today's proceeding, the Government's motion to detain the Defendant pending trial is hereby GRANTED.
SO ORDERED.
Dated: July 14, 2020
New York, New York
ALISON J. NATHAN
United States District Judge
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Case 20-3061, Document 23, 09/10/2020, 2928294, Page1 of 6
EXHIBIT F
DOJ-OGR-00019327
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Case 1:19-cr-00830-AT Document 23 Filed 01/30/20 Page 1 of 1
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
-against-
TOVA NOEL and MICHAEL THOMAS,
Defendants.
ANALISA TORRES, District Judge:
At the status conference held on January 30, 2020, Defendant Michael Thomas informed the Court of his intention to file a motion to dismiss. Accordingly, it is hereby ORDERED that:
(1) By March 20, 2020, Mr. Thomas shall file his motion to dismiss;
(2) By April 10, 2020, the Government shall file its opposition;
(3) By April 24, 2020, Mr. Thomas shall file his reply, if any.
SO ORDERED.
Dated: January 30, 2020
New York, New York
ANALISA TORRES
United States District Judge
USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 1/30/2020
DOJ-OGR-00022001
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Case 1:19-cr-00490-RMB Document 23 Filed 07/16/19 Page 2 of 3
Hon. Richard M. Berman
United States District Judge
July 16, 2019
Page 2
also named as a potential co-conspirator—and for whom Epstein also obtained protection in—the NPA. This individual is also one of the employees identified in the Indictment, which alleges that she and two other identified employees facilitated the defendant’s trafficking of minors by, among other things, contacting victims and scheduling their sexual encounters with the defendant at his residences in Manhattan and Palm Beach, Florida. This individual was also named and featured prominently in the Herald series.
II. Police Report
During the Detention Hearing, the parties referenced a redacted copy of a Palm Beach police report, which was annexed to the Government’s July 12, 2019 detention memorandum. At the Court’s request, the Government has provided a supplemental copy of the police report previously filed, with information referred to in open court unredacted. The updated copy of the police report is attached as Exhibit A.
III. Foreign Passport
During the Detention Hearing, the Government informed the Court that it had recently learned that law enforcement agents had seized what appears to be an expired foreign passport (the “Foreign Passport”) from a safe in the defendant’s Manhattan residence during the execution of a search warrant on or about July 6, 2019. The Foreign Passport has a photograph that appears to depict the defendant, but lists a different name. Photographs of that passport are annexed hereto as Exhibit B. In the same safe, agents discovered what appears to be an expired United States passport issued to the defendant, in his true name, within three years of the date on the Foreign Passport. A photograph of that United States passport is annexed hereto as Exhibit C, so that the Court may compare the passports, both of which appear to depict the defendant. Because Exhibits B and C contain personally identifiable information and sensitive information relevant to the ongoing investigation, the Government respectfully requests that Exhibits B and C be filed under seal.
The Government is attempting to obtain additional information about the Foreign Passport, including how it was obtained and whether the passport is genuine or fabricated. But the defendant’s possession of what purports to be a foreign passport issued under an alias gives rise to the inference the defendant knows how to obtain false travel documents and/or assume other, foreign identities. This adds to the serious risk of flight posed by the defendant.2
2 The Government has asked defense counsel to advise whether the defendant is currently, or has been in the past, a citizen or legal permanent resident of a country other than the United States. To date, defense counsel has declined to respond. Certainly if the defendant is, or has been, a citizen or permanent resident of another country, that would add significantly to the overwhelming evidence of risk of flight.
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Case 21-58, Document 23, 03/29/2021, 3065988, Page2 of 24
APPEAL,ECF,INTAPP
U.S. District Court
Southern District of New York (Foley Square)
CRIMINAL DOCKET FOR CASE #: 1:20-cr-00330-AJN All Defendants
Case title: USA v. Maxwell Date Filed: 06/29/2020
Assigned to: Judge Alison J. Nathan
Appeals court case number: 21-0058 U.S. Court of Appeals, 2nd Circ.
Defendant (1)
Ghislaine Maxwell also known as Sealed Defendant 1 represented by Christian R. Everdell Cohen & Gresser LLP 800 Third Avenue New York, NY 10022 212-707-7268 Fax: 212-957-4514 Email: ceverdell@cohengresser.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jeffrey S. Pagliuca Haddon Morgan and Foreman 150 East 10th Avenue Denver, CO 80203 (303)-831-7364 Fax: (303)-832-2628 Email: jpagliuca@hmflaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Laura A. Menninger Haddon, Morgan and Foreman, P.C. 150 East Tenth Avenue Denver, CO 80203 (303)-831-7364 Fax: (303)-832-2628 Email: lmenninger@hmflaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark Stewart Cohen Cohen & Gresser, LLP (NYC) 800 Third Avenue New York, NY 10022 (212) 957-7600 Fax: (212)957-4514 Email: mcohen@cohengresser.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Bobbi C Sternheim Law Offices of Bobbi C. Sternheim 33 West 19th Street–4th Fl. New York, NY 10007 (212) 243-1100 Fax: (888) 587-4737 Email: bc@sternheimlaw.com
DOJ-OGR-00019797
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Case 1:19-cr-00490-RMB Document 23 Filed 07/16/19 Page 3 of 3
Hon. Richard M. Berman
United States District Judge
July 16, 2019
Page 3
IV. Cash and Diamonds
At the Detention Hearing, the Government informed the Court that diamonds and cash were seized from a safe in the defendant's Manhattan residence. The Court inquired as to the value of these items. After conferring with law enforcement agents who have reviewed the materials from the safe, the Government has learned that the safe contained more than $70,000 in cash. In addition, the safe contained 48 loose diamond stones, ranging in size from approximately 1 carat to 2.38 carats, as well as a large diamond ring. The Government is currently unaware of whether the defendant maintains similar stashes of cash and/or jewels at his multiple properties, or in other locations. Such ready cash and loose diamonds are consistent with the capability to leave the jurisdiction at a moment's notice.
V. Conclusion
For the reasons set forth herein, in the Government's July 8, 2019 and July 12, 2019 detention memoranda, and on the record at the Detention Hearing, the Court should order that the defendant be detained pending trial. The defendant cannot meet his burden of overcoming the presumption that there is no combination of conditions that would reasonably assure his continued appearance in this case or protect the safety of the community were he to be released.
Respectfully submitted,
GEOFFREY S. BERMAN
United States Attorney
By: /s
Alison Moc / Alex Rossmiller / Maurene Comey
Assistant United States Attorneys
Southern District of New York
Tel: (212) 637-2225 / 2415 / 2324
Cc: Martin Weinberg, Esq., and Reid Weingarten, Esq., counsel for defendant
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Case 21-58, Document 23, 03/29/2021, 3065988, Page3 of 24
ATTORNEY TO BE NOTICED
Pending Counts
Disposition
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 OF A 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 (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
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Case 21-58, Document 23, 03/29/2021, 3065988, Page4 of 24
Terminated Counts
None
Disposition
Highest Offense Level (Terminated)
None
Complaints
None
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
Maurene 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
Andrew Rohrbach
DOJ-USAO
1 St. Andrew's Plaza
New York, NY 10007
212-637-2345
Email: Andrew.Rohrbach@usdoj.gov
ATTORNEY TO BE NOTICED
Lara Elizabeth Pomerantz
United States Attorney's Office
One St. Andrew's Plaza
New York, NY 10007
212-637-2343
Fax: 212-637-2527
Email: Lara.Pomerantz@usdoj.gov
ATTORNEY TO BE NOTICED
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Case 21-58, Document 23, 03/29/2021, 3065988, Page5 of 24
| 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)(jbo) (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) |
| 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 DOJ-OGR-00019800
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capacity of the internet platform system, 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(e)(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 parties. See Dkt. No. 5. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/7/2020)(jbo) (Entered: 07/07/2020)
07/08/2020 11 MEMO ENDORSEMENT as to Ghislaine Maxwell on 9 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alex Rossmiller dated July 7, 2020 re: scheduling. ENDORSEMENT: The Court hereby sets the following briefing schedule. The Defense response is due by 1:00 p.m. on July 10, 2020. The Government reply is due by 1:00 p.m. on July 13, 2020. Additionally, defense counsel is ordered to file notices of appearance on the docket by the end of the day today. SO ORDERED. (Responses due by 7/10/2020. Replies due by 7/13/2020.) (Signed by Judge Alison J. Nathan on 7/8/2020) (lnl) (Entered: 07/08/2020)
07/08/2020 12 NOTICE OF ATTORNEY APPEARANCE: Mark Stewart Cohen appearing for Ghislaine Maxwell. Appearance Type: Retained. (Cohen, Mark) (Entered: 07/08/2020)
07/08/2020 13 NOTICE OF ATTORNEY APPEARANCE: Christian R. Everdell appearing for Ghislaine Maxwell. Appearance Type: Retained. (Everdell, Christian) (Entered: 07/08/2020)
07/08/2020 14 NOTICE OF ATTORNEY APPEARANCE: Laura A. Menninger appearing for Ghislaine Maxwell. Appearance Type: Retained. (Menninger, Laura) (Entered: 07/08/2020)
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07/08/2020 15 MOTION for Jeffrey S. Pagliuca to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20605229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit Declaration of Jeffrey S. Pagliuca, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Proposed Order)(Pagliuca, Jeffrey) (Entered: 07/08/2020)
07/08/2020 17 (S1) SUPERSEDING INDICTMENT filed as to Ghislaine Maxwell (1) count(s) 1s, 2s, 3s, 4s, 5s-6s. (jm) (Entered: 07/10/2020)
07/09/2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Jeffrey S. Pagliuca to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20605229. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) (Entered: 07/09/2020)
07/09/2020 16 ORDER as to Ghislaine Maxwell. 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 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. (Signed by Judge Alison J. Nathan on 7/9/2020)(jbo) (Entered: 07/09/2020)
07/10/2020 18 MEMORANDUM in Opposition by Ghislaine Maxwell re 4 MOTION to detain defendant .. (Cohen, Mark) (Entered: 07/10/2020)
07/10/2020 19 NOTICE OF ATTORNEY APPEARANCE: Mark Stewart Cohen appearing for Ghislaine Maxwell. Appearance Type: Retained. (Cohen, Mark) (Entered: 07/10/2020)
07/10/2020 20 NOTICE OF ATTORNEY APPEARANCE: Christian R. Everdell appearing for Ghislaine Maxwell. Appearance Type: Retained. (Everdell, Christian) (Entered: 07/10/2020)
07/10/2020 21 WAIVER of Personal Appearance at Arraignment and Entry of Plea of Not Guilty by Ghislaine Maxwell. (Everdell, Christian) (Entered: 07/10/2020)
07/13/2020 22 REPLY MEMORANDUM OF LAW in Support by USA as to Ghislaine Maxwell re: 4 MOTION to detain defendant . . (Moe, Alison) (Entered: 07/13/2020)
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| 07/13/2020 | | ORDER granting 15 Motion for Jeffrey Pagliuca to Appear Pro Hac Vice as to Ghislaine Maxwell (1). (Signed by Judge Alison J. Nathan on 7/13/2020) (kwi) (Entered: 07/13/2020)
| 07/14/2020 | 23 | ORDER as to Ghislaine Maxwell. For the reasons stated on the record at today's proceeding, the Governments motion to detain the Defendant pending trial is hereby GRANTED (Signed by Judge Alison J. Nathan on 7/14/20)(jw) (Entered: 07/14/2020)
| 07/14/2020 | | Minute Entry for proceedings held before Judge Alison J. Nathan:Arraignment as to Ghislaine Maxwell (1) Count 1s,2s,3s,4s,5s-6s held on 7/14/2020. Defendant Ghislaine Maxwell present by video conference with attorney Mark Cohen present by video conference, AUSA Alison Moe, Alex Rossmiller and Maurene Comey for the government present by video conference, Pretrial Service Officer Lea Harmon present by telephone and Court Reporter Kristine Caraannante. Defendant enters a plea of Not Guilty to the S1 indictment. Trial set for July 12, 2021. See Order. Time is excluded under the Speedy Trial Act from today until July 12, 2021. Bail is denied. Defendant is remanded. See Transcript. (jw) (Entered: 07/14/2020)
| 07/14/2020 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Plea entered by Ghislaine Maxwell (1) Count 1s,2s,3s,4s,5s-6s Not Guilty. (jw) (Entered: 07/14/2020)
| 07/14/2020 | 24 | Waiver of Right to be Present at Criminal Proceeding as to Ghislaine Maxwell re: Arraignment, Bail Hearing, Conference. (jw) (Entered: 07/14/2020)
| 07/15/2020 | 25 | ORDER as to Ghislaine Maxwell. Initial non-electronic discovery, generally to include search warrant applications and subpoena returns, is due by Friday, August 21, 2020. Completion of discovery, to include electronic materials, is due by Monday, November 9, 2020. Motions are due by Monday, December 21, 2020. Motion responses are due by Friday, January 22, 2021. Motion replies are due by Friday, February 5, 2021. Trial is set for Monday, July 12, 2021 ( Discovery due by 8/21/2020., Motions due by 12/21/2020) (Signed by Judge Alison J. Nathan on 7/15/20)(jw) (Entered: 07/15/2020)
| 07/21/2020 | 26 | ORDER as to Ghislaine Maxwell: The Court has received a significant number of letters and messages from non-parties that purport to be related to this case. These submissions are either procedurally improper or irrelevant to the judicial function. Therefore, they will not be considered or docketed. The Court will accord the same treatment to any similar correspondence it receives in the future. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/21/2020) (lml) (Entered: 07/21/2020)
| 07/21/2020 | 27 | LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated July 21, 2020 re: Local Criminal Rule 23.1 . Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 07/21/2020)
| 07/23/2020 | 28 | ORDER as to Ghislaine Maxwell: The Defense has moved for an order "prohibiting the Government, its agents and counsel for witnesses from making extrajudicial statements concerning this case." Dkt. No. 27 at 1. The Court firmly expects that counsel for all involved parties will exercise great care to ensure compliance with this Court's local rules, including Local Criminal Rule 23.1, and the rules of professional responsibility. In light of this clear expectation, the Court does not believe that further action is needed at this time to protect the Defendant's right to a fair trial by an impartial jury. Accordingly, it denies the Defendant's motion without prejudice. But the Court warns counsel and agents for the parties and counsel for potential witnesses that going forward it will not hesitate to take appropriate action in the face of violations of any relevant rules. The Court will ensure strict compliance with those rules and will ensure that the Defendant's right to a fair trial will be safeguarded. (Signed by Judge Alison J. Nathan on 7/23/2020) (ap) (Entered: 07/23/2020)
| 07/27/2020 | 29 | LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 27, 2020 re: Proposed Protective Order . Document filed by Ghislaine Maxwell Exhibit A (Proposed Protective Order)(Everdell, Christian) (Entered: 07/27/2020)
| 07/27/2020 | 30 | AFFIDAVIT of Christian R. Everdell by Ghislaine Maxwell. (Everdell, Christian) (Entered: 07/27/2020)
| 07/27/2020 | 31 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe dated July 27, 2020 re: requesting until 5 p.m. tomorrow to respond to DOJ-OGR-00019803
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Case 21-58, Document 23, 03/29/2021, 3065988, Page9 of 24 defense counsel's letter, filed July 27, 2020 Document filed by USA. (Moe, Alison) (Entered: 07/27/2020) 07/27/2020 32 MEMO ENDORSEMENT as to Ghislaine Maxwell on 31 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe dated July 27, 2020 re: requesting until 5 p.m. tomorrow to respond to defense counsel's letter, filed July 27, 2020. ENDORSEMENT: The Government's response to the Defense's letter is due by 5 p.m. on July 28, 2020. The Defense may file a reply by 5 p.m. on July 29, 2020. Before the Government's response is filed, the parties must meet and confer by phone regarding this issue, and any response from the Government must contain an affirmation that the parties have done so. SO ORDERED. (Responses due by 7/28/2020. Replies due by 7/29/2020.) (Signed by Judge Alison J. Nathan on 7/27/2020) (lnl) (Entered: 07/27/2020) 07/28/2020 33 LETTER RESPONSE to Motion by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alex Rossmiller dated July 28, 2020 re: 29 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 27, 2020 re: Proposed Protective Order .. (Attachments: # 1 Exhibit A (proposed protective order)) (Rossmiller, Alex) (Entered: 07/28/2020) 07/28/2020 34 AFFIDAVIT of Alex Rossmiller by USA as to Ghislaine Maxwell. (Rossmiller, Alex) (Entered: 07/28/2020) 07/29/2020 35 LETTER REPLY TO RESPONSE to Motion by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 29, 2020 re 29 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 27, 2020 re: Proposed Protective Order .. (Everdell, Christian) (Entered: 07/29/2020) 07/30/2020 36 PROTECTIVE ORDER as to Ghislaine Maxwell...regarding procedures to be followed that shall govern the handling of confidential material. SO ORDERED: (Signed by Judge Alison J. Nathan on 7/30/2020)(bw) (Entered: 07/31/2020) 07/30/2020 37 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. Both parties have asked for the Court to enter a protective order. While they agree on most of the language, two areas of dispute have emerged. First, Ms. Maxwell seeks language allowing her to publicly reference alleged victims or witnesses who have spoken on the public record to the media or in public fora, or in litigation relating to Ms. Maxwell or Jeffrey Epstein. Second, Ms. Maxwell seeks language restricting potential Government witnesses and their counsel from using discovery materials for any purpose other than preparing for the criminal trial in this action. The Government has proposed contrary language on both of these issues. For the following reasons, the Court adopts the Government's proposed protective order Under Federal Rule of Criminal Procedure 16(d)(1), "[a]t any time the court may, for good cause, deny, restrict, or defer discovery or inspection, or grant other appropriate relief." The good cause standard "requires courts to balance several interests, including whether dissemination of the discovery materials inflicts hazard to others... whether the imposition of the protective order would prejudice the defendant," and "the public's interest in the information." United States v. Smith, 985 F. Supp. 2d 506, 522 (S.D.N.Y. 2013). The party seeking to restrict disclosure bears the burden of showing good cause. Cf. Gambale v. Deutsche Bank AG, 377 F.3d 133, 142 (2d Cir. 2004). First, the Court finds that the Government has met its burden of showing good cause with regard to restricting the ability of Ms. Maxwell to publicly reference alleged victims and witnesses other than those who have publicly identified themselves in this litigation. As a general matter, it is undisputed that there is a strong and specific interest in protecting the privacy of alleged victims and witnesses in this case that supports restricting the disclosure of their identities. Dkt. No. 29 at 3 (acknowledging that as a baseline the protective order should "prohibit[] Ms. Maxwell, defense counsel, and others on the defense team from disclosing or disseminating the identity of any alleged victim or potential witness referenced in the discovery materials"); see also United States v. Corley, No. 13-cr-48, 2016 U.S. Dist. LEXIS 194426, at *11 (S.D.N.Y. Jan. 15, 2016). The Defense argues this interest is significantly diminished for individuals who have spoken on the public record about Ms. Maxwell or Jeffrey Epstein, because they have voluntarily chosen to identify themselves. But not all accusations or public statements are equal. Deciding to participate in or contribute to a criminal investigation or prosecution is a far different matter than simply making a public statement "relating to" Ms. Maxwell or Jeffrey Epstein, particularly since such a DOJ-OGR-00019804
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statement might have occurred decades ago and have no relevance to the charges in this case. These individuals still maintain a significant privacy interest that must be safeguarded. The exception the Defense seeks is too broad and risks undermining the protections of the privacy of witnesses and alleged victims that is required by law. In contrast, the Government's proffered language would allow Ms. Maxwell to publicly reference individuals who have spoken by name on the record in this case. It also allows the Defense to "referenc[e] the identities of individuals they believe may be relevant... to Potential Defense Witnesses and their counsel during the course of the investigation and preparation of the defense case at trial." Dkt. No. 33-1, 5. This proposal adequately balances the interests at stake. And as the Government's letter notes, see Dkt. No. 33 at 4, to the extent that the Defense needs an exception to the protective order for a specific investigative purpose, they can make applications to the Court on a case-by-case basis. Second, restrictions on the ability of potential witnesses and their counsel to use discovery materials for purposes other than preparing for trial in this case are unwarranted. The request appears unprecedented despite the fact that there have been many high-profile criminal matters that had related civil litigation. The Government labors under many restrictions including Rule 6(e) of the Federal Rules of Criminal Procedure, the Privacy Act of 1974, and other policies of the Department of Justice and the U.S. Attorney's Office for the Southern District of New York, all of which the Court expects the Government to scrupulously follow. Furthermore, the Government indicates that it will likely only provide potential witnesses with materials that those witnesses already have in their possession. See Dkt. No. 33 at 6. And of course, those witnesses who do testify at trial would be subject to examination on the record as to what materials were provided or shown to them by the Government. Nothing in the Defense's papers explains how its unprecedented proposed restriction is somehow necessary to ensure a fair trial. For the foregoing reasons, the Court adopts the Government's proposed protective order, which will be entered on the docket. This resolves Dkt. No. 29. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/30/2020)(bw) (Entered: 07/31/2020)
08/10/2020 38 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 10, 2020 re: Discovery Disclosure and Access . Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 08/10/2020)
08/10/2020 39 AFFIDAVIT of Christian R. Everdell by Ghislaine Maxwell. (Everdell, Christian) (Entered: 08/10/2020)
08/11/2020 40 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 38 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 10, 2020 re: Discovery Disclosure and Access. ENDORSEMENT: The Government is hereby ORDERED to respond to the Defendant's letter motion by Thursday, August 13, 2020. The Defendant's reply, if any, is due on or before Monday, August 17, 2020. (Responses due by 8/13/2020. Replies due by 8/17/2020) (Signed by Judge Alison J. Nathan on 8/11/2020) (ap) (Entered: 08/11/2020)
08/13/2020 41 LETTER RESPONSE in Opposition by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alex Rossmiller dated August 13, 2020 re: 38 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 10, 2020 re: Discovery Disclosure and Access .. (Rossmiller, Alex) (Entered: 08/13/2020)
08/17/2020 42 LETTER REPLY TO RESPONSE to Motion by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 17, 2020 re 38 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 10, 2020 re: Discovery Disclosure and Access .. (Everdell, Christian) (Entered: 08/17/2020)
08/17/2020 43 LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated August 17, 2020 re: Request for Permission to Submit Letter Motion in Excess of Three Pages . Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 08/17/2020)
08/18/2020 44 ORDER as to Ghislaine Maxwell: On August 17, 2020, the Defendant filed a letter motion seeking a modification of this Court's Protective Order, which the Court entered on July 30, 2020. Defendant also moves to file that letter motion under seal. The Government's opposition to Defendant's letter motion is hereby due Friday, August
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21 at 12 p.m. The Defendant's reply is due on Monday, August 24 at 12 p.m. The parties shall propose redactions to the letter briefing on this issue. Alternatively, the parties shall provide support and argument for why the letter motions should be sealed in their entirety. SO ORDERED. (Responses due by 8/21/2020. Replies due by 8/24/2020.) (Signed by Judge Alison J. Nathan on 8/18/2020) (lnl) (Entered: 08/18/2020)
08/20/2020 45 NOTICE OF ATTORNEY APPEARANCE Lara Elizabeth Pomerantz appearing for USA. (Pomerantz, Lara) (Entered: 08/20/2020)
08/20/2020 50 SEALED DOCUMENT placed in vault. (mhe) (Entered: 08/27/2020)
08/21/2020 46 LETTER RESPONSE in Opposition by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Maurene Comey dated August 21, 2020 re: 43 LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated August 17, 2020 re: Request for Permission to Submit Letter Motion in Excess of Three Pages .. (Rossmiller, Alex) (Entered: 08/21/2020)
08/21/2020 47 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Maurene Comey dated August 21, 2020 re: Proposed redactions to letter briefing, in response to the Court's Order of August 18, 2020 Document filed by USA. (Rossmiller, Alex) (Entered: 08/21/2020)
08/24/2020 48 LETTER MOTION addressed to Judge Alison J. Nathan from Laura A. Menninger dated August 24, 2020 re: Request to File Under Seal: Proposed Redactions to Request to Modify Protective Order and Reply in Support Thereof . Document filed by Ghislaine Maxwell. (Menninger, Laura) (Entered: 08/24/2020)
08/25/2020 49 MEMORANDUM OPINION AND ORDER: denying without prejudice 38 LETTER MOTION as to Ghislaine Maxwell (1). On August 10, 2020, the Defendant filed a letter motion related to two issues. Dkt. No. 38. First, the Defendant seeks an order directing the Government to disclose to defense counsel immediately the identities of the three alleged victims referenced in the indictment. Second, the Defendant seeks an order directing the Bureau of Prisons ("BOP") to release the Defendant into the general population and to provide her with increased access to the discovery materials. For the reasons that follow, Defendant's requests are DENIED without prejudice....[See this Memorandum Opinion And Order]... III. Conclusion: For the reasons stated above, Defendant's requests contained in Dkt. No. 38 are DENIED without prejudice. Following the close of discovery, the parties shall meet and confer on an appropriate schedule for pre-trial disclosures, including the disclosure of § 3500 material, exhibit lists, and witness lists, taking into account all relevant factors. The Government is hereby ORDERED to submit written status updates every 90 days detailing any material changes to the conditions of Ms. Maxwell's confinement, with particular emphasis on her access to legal materials and ability to communicate with defense counsel. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/25/2020) (bw) (Entered: 08/25/2020)
09/02/2020 51 MEMORANDUMOPINION AND ORDER as to Ghislaine Maxwell: On August 17, 2020, Defendant Ghislaine Maxwell filed a sealed letter motion seeking an Order modifying the protective order in this case. Specifically, she sought a Court order allowing her to file under seal in certain civil cases ("Civil Cases") materials ("Documents") that she received in discovery from the Government in this case. She also sought permission to reference, but not file, other discovery material that the Government produced in this case. For the reasons that follow, Defendant's requests are DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/2/2020)(See MEMORANDUM OPINION AND ORDER as set forth) (lnl) (Entered: 09/02/2020)
09/02/2020 52 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan, from Jeffrey S. Pagliuca dated 8/17/2020 re: Defense counsel writes with redacted request to modify protective order (ap) (Entered: 09/02/2020)
09/04/2020 55 NOTICE OF APPEAL by Ghislaine Maxwell from 51 Memorandum & Opinion. Filing fee $ 505.00, receipt number 465401266036. (tp) (Entered: 09/09/2020)
09/08/2020 53 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan dated 8/24/2020 re: Proposed Redactions to Request to Modify Protective Order. (jbo) (Entered: 09/08/2020)
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| Date | Number | Description |
|------------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 09/08/2020 | 54 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan dated 8/24/2020 re: Reply in Support of Request to Modify Protective Order. (jbo) (Entered: 09/08/2020) |
| 09/09/2020 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ghislaine Maxwell to US Court of Appeals re: 55 Notice of Appeal. (tp) (Entered: 09/09/2020) |
| 09/09/2020 | | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ghislaine Maxwell re: 55 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 09/09/2020) |
| 09/10/2020 | 56 | SEALED DOCUMENT placed in vault. (dn) (Entered: 09/11/2020) |
| 09/10/2020 | 57 | SEALED DOCUMENT placed in vault. (dn) (Entered: 09/11/2020) |
| 09/24/2020 | 58 | SEALED DOCUMENT placed in vault. (mhe) (Entered: 09/24/2020) |
| 10/05/2020 | 59 | NOTICE OF ATTORNEY APPEARANCE: Bobbi C Sternheim appearing for Ghislaine Maxwell. Appearance Type: Retained. (Sternheim, Bobbi) (Entered: 10/05/2020) |
| 10/06/2020 | 60 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated October 6, 2020 re: Request to Delay Disclosure Document filed by USA. (Comey, Maurene) (Entered: 10/06/2020) |
| 10/06/2020 | 61 | AFFIDAVIT of Maurene Comey by USA as to Ghislaine Maxwell. (Comey, Maurene) (Entered: 10/06/2020) |
| 10/07/2020 | 62 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 60 Accordingly, the Government respectfully requests that the Court approve the Government's request to delay disclosure of these Materials...ENDORSEMENT...The Defendant shall file any opposition to the Government's request by October 14, 2020. The Government's reply, if any, is due by October 20, 2020. SO ORDERED. (Government Replies due by 10/20/2020., Defendant Responses due by 10/14/2020) (Signed by Judge Alison J. Nathan on 10/7/20)(jw) (Entered: 10/07/2020) |
| 10/07/2020 | 63 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated October 7, 2020 re: Review of Investigative Files from Other Offices and Agencies Document filed by USA. (Comey, Maurene) (Entered: 10/07/2020) |
| 10/14/2020 | 64 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated October 14, 2020 re: Response to 60 LETTER addressed to Judge Alison J. Nathan dated October 6, 2020 re: Request to Delay Disclosure. (Everdell, Christian) (Entered: 10/14/2020) |
| 10/20/2020 | 65 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated October 20, 2020 re: Reply Letter in Further Support of Request to Delay Disclosure Document filed by USA. (Comey, Maurene) (Entered: 10/20/2020) |
| 10/23/2020 | 66 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 23, 2020 re: Response to the Governments October 7, 2020 letter (Pagliuca, Jeffrey) (Entered: 10/23/2020) |
| 10/30/2020 | 67 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated October 30, 2020 re: Reply to Defense's October 23, 2020 Letter Document filed by USA. (Comey, Maurene) (Entered: 10/30/2020) |
| 11/05/2020 | 68 | ORDER as to Ghislaine Maxwell: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116182, 134 Stat. 894 (Oct. 21, 2020), to confirm the Government's disclosure obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny, and to summarize the possible consequences of violating those obligations. (Signed by Judge Alison J. Nathan on 11/5/2020) (See ORDER set forth) (ap) (Entered: 11/05/2020) |
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| 11/06/2020 | 69 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated November 6, 2020 re: Request to Extend Discovery Deadline for Portion of Electronic Discovery Document filed by USA. (Comey, Maurene) (Entered: 11/06/2020) |
| 11/06/2020 | 70 | AFFIDAVIT of Maurene Comey by USA as to Ghislaine Maxwell. (Comey, Maurene) (Entered: 11/06/2020) |
| 11/09/2020 | 71 | MANDATE of USCA (Certified Copy) as to Ghislaine Maxwell re: 55 Notice of Appeal. USCA Case Number 20-3061-cr. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the motion to consolidate is DENIED and the appeal is DISMISSED for want of jurisdiction.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/09/2020. (nd) (Entered: 11/09/2020) |
| 11/09/2020 | 72 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 69 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated November 6, 2020 re: Request to Extend Discovery Deadline for Portion of Electronic Discovery. ENDORSEMENT: The Court hereby extends the deadline for the Government's production of electronic discovery from November 9, 2020 to November 23, 2020. The Court also grants parties' request for an extension of the motions deadlines as follows: the Defendant's motions are due by January 11, 2021, the Government's responses are due by February 12, 2021, and any replies are due by February 19, 2021. SO ORDERED. (Discovery due by 11/23/2020. Motions due by 1/11/2021. Responses due by 2/12/2021. Replies due by 2/19/2021.) (Signed by Judge Alison J. Nathan on 11/9/2020) (Inl) (Entered: 11/10/2020) |
| 11/18/2020 | 73 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 60 Letter filed by USA as to Ghislaine Maxwell re: The Government respectfully requests that the Court approve the Government's request to delay disclosure of these Materials...ENDORSEMENT...There is no dispute that the materials referenced in the Government's letter will be turned over to the defense. The Government has indicated that it will do so. The only dispute, then, relates to the timing of such disclosure. See Dkt. Nos. 64, 65. Because the Government has articulated plausible reasons for some delay of disclosure, see Dkt. No. 65 at 4, the Court grants the Government's request to delay disclosure. However, the Governments proposal to delay disclosure until 8 weeks in advance of trial is insufficient. In order to ensure that the defense can adequately prepare for trial, the Government shall produce the referenced materials, which are not voluminous, to the defense by March 12, 2021. Disclosure of the materials will of course be subject to the protective order entered by the Court, see Dkt. No. 36. (Government Responses due by 3/12/2021) (Signed by Judge Alison J. Nathan on 11/18/20)(jw) (Entered: 11/18/2020) |
| 11/23/2020 | 74 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated November 23, 2020 re: Update Regarding Conditions of Confinement Document filed by USA. (Comey, Maurene) (Entered: 11/23/2020) |
| 11/24/2020 | 75 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/24/2020 re: Response to 90-day MDC conditions report (Sternheim, Bobbi) (Entered: 11/24/2020) |
| 11/24/2020 | 76 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 75 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/24/2020 re: Response to 90-day MDC conditions report. ENDORSEMENT: The parties are hereby ORDERED to meet and confer regarding Defendant's request that Warden Heriberto Tellez directly address Defendant's concerns regarding the conditions of her detention. The parties shall jointly submit a status update within one week of this Order. (Signed by Judge Alison J. Nathan on 11/24/2020) (ap) (Entered: 11/24/2020) |
| 12/01/2020 | 77 | ORDER as to Ghislaine Maxwell. On November 25, 2020, the Defendant filed a letter request under seal. On November 30, 2020, she filed a second letter request in which she proposed redactions on both letters. The Government is hereby ORDERED to respond to the Defendant's November 25, 2020 letter request and to the request for proposed redactions by no later than December 2, 2020. The letters shall be DOJ-OGR-00019808
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temporarily sealed while the Court resolves the redaction request. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/1/2020)(bw) (Entered: 12/01/2020)
12/01/2020 78 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 1, 2020 re: Joint Letter regarding Conditions of Confinement Document filed by USA. (Pomerantz, Lara) (Entered: 12/01/2020)
12/02/2020 79 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 78 LETTER by USA addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 1, 2020 re: Joint Letter regarding Conditions of Confinement. ENDORSEMENT: MDC legal counsel shall submit their letter to the Court by December 4, 2020. Upon review of that letter, the Court will determine whether any additional information is required, either orally or in writing. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/2/2020)(bw) (Entered: 12/02/2020)
12/02/2020 80 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 2, 2020 re: Defense Requests for Sealing Document filed by USA. (Comey, Maurene) (Entered: 12/02/2020)
12/03/2020 81 ORDER as to Ghislaine Maxwell. On November 25, 2020, counsel for Defendant Ghislaine Maxwell filed a letter request seeking an in camera conference for the presentation of a renewed motion for release on bail and a request to seal the sealing request. On November 30, 2020, the defense counsel filed a second letter no longer fully pressing the unsupported request to file the letter entirely under seal and instead proposing redactions to both the November 25th and November 30th letters. The Government has indicated that it does not oppose the redactions. Dkt. No. 80. After due consideration, the Court will adopt the Defendant's proposed redactions, which are consented to by the Government. The Court's decision is guided by the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "Such countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995) ("Amodeo II")). The proposed redactions satisfy this test. First, the Court finds that the Defendant's letter motions are "relevant to the performance of the judicial function and useful in the judicial process," thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And while the Court assumes that the common law presumption of access attaches, in balancing competing considerations against the presumption of access, the Court finds that the arguments the Defendant has put forth—including, most notably, the privacy interests of the individuals referenced in the letters—favor her proposed and tailored redactions. The Defendant is hereby ORDERED to docket the redacted versions of the two letters by December 4, 2020. For the reasons outlined in the Government's letter dated December 2, 2020, Dkt. No. 80, the Court DENIES the Defendant's request for an in camera conference. In order to protect the privacy interests referenced in the Defendant's November 25, 2020 letter, the Court will permit the Defendant to make her submission in writing and to propose narrowly tailored redactions. The parties are hereby ORDERED to meet and confer and to jointly prepare a briefing schedule for the Defendant's forthcoming renewed motion for release on bail. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/3/2020)(bw) (Entered: 12/03/2020)
12/03/2020 82 SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)
12/03/2020 83 SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)
12/03/2020 84 SEALED DOCUMENT placed in vault. (jus) (Entered: 12/03/2020)
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| Date | Dkt. No. | Description
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Case 21-58, Document 23, 03/29/2021, 3065988, Page16 of 24 necessary steps to ensure that the Defendant continues to receive adequate access to her legal materials and her ability to communicate with defense counsel. (Signed by Judge Alison J. Nathan on 12/8/2020) (ap) (Entered: 12/08/2020) 12/10/2020 93 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 7/14/2020 before Judge Alison J. Nathan. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/31/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 3/10/2021. (McGuirk, Kelly) (Entered: 12/10/2020) 12/10/2020 94 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 7/14/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.... (McGuirk, Kelly) (Entered: 12/10/2020) 12/14/2020 95 ORDER as to Ghislaine Maxwell: On December 8, 2020, Defendant Ghislaine Maxwell filed her renewed application for bail under seal with proposed redactions, in accordance with this Court's December 7, 2020 Order, see Dkt. No. 89. The Government did not file any opposition to the Defendant's proposed redactions. After due consideration, the Court will adopt the Defendant's proposed redactions. The Court's decision to adopt those redactions is guided by the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "Such countervailing factors include but are not limited to the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure thereof.' Id. at 120 (quoting United States v. Amodeo, 71 F.3d 1044, 1048 (2d Cir.1995) ("Amodeo II")). The proposed redactions satisfy this test. The Court finds that Defendant's letter motions are "relevant to the performance of the judicial function and useful in the judicial process,' thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And the Court also finds that the common law presumption of access attaches. Id. at 146; see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 602 (1978). Nevertheless, in balancing competing considerations against the presumption of access, the Court finds that the redactions are narrowly tailored to properly guard the privacy interests of the individuals referenced in the Defendant's submission and in the corresponding exhibits The Defendant is hereby ORDERED to docket the redacted documents and corresponding exhibits dated 12/14/2020) (ap) (Entered: 12/14/2020) 12/14/2020 96 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 8, 2020 re: Cover Letter for Renewed Bail Application (Everdell, Christian) (Entered: 12/14/2020) 12/14/2020 97 MEMORANDUM OF LAW in Support by Ghislaine Maxwell re: Renewed Motion for Bail. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Everdell, Christian) (Entered: 12/14/2020) 12/17/2020 98 NOTICE OF ATTORNEY APPEARANCE Andrew Rohrbach appearing for USA. (Rohrbach, Andrew) (Entered: 12/17/2020) 12/18/2020 99 ORDER as to Ghislaine Maxwell: On December 16, 2020, the Government filed its opposition to Defendant Ghislaine Maxwell's renewed application for bail. In accordance with this Court's December 7, 2020 Order, see Dkt. No. 89, the Government filed its materials under seal and proposed narrowly tailored redactions on DOJ-OGR-00019811
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those materials. The Defendant did not file any opposition to the Government's proposed redactions. The Court will adopt the Government's proposed redactions after applying the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "Such countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo ("Amodeo II"), 71 F.3d 1044, 1050 (2d Cir. 1995)). The proposed redactions satisfy this test. The Court finds that the Governments submissions are "relevant to the performance of the judicial function and useful in the judicial process," thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And the Court also finds that the common law presumption of access attaches. Id. at 146; see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 602 (1978). Nevertheless, the proposed redactions are narrowly tailored to serve substantial interests, including, most importantly, third parties' personal privacy interests. See Under Seal v. Under Seal, 273 F. Supp. 3d 460, 467 (S.D.N.Y.2017). The Government is hereby ORDERED to docket the redacted documents and corresponding exhibits by no later than December 18, 2 (Signed by Judge Alison J. Nathan on 12/18/2020) (ap) (Entered: 12/18/2020)
12/18/2020 | 100 | MEMORANDUM OF LAW in Opposition by USA as to Ghislaine Maxwell Renewed Bail Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Comey, Maurene) (Entered: 12/18/2020)
12/23/2020 | 101 | ORDER as to Ghislaine Maxwell: On December 18, 2020, the Defendant filed her reply to the Government's opposition to her renewed application for bail. In accordance with this Court's December 7, 2020 Order, see Dkt. No. 89, she filed these materials under seal and proposed narrowly tailored redactions on those materials. The Government did not file any opposition to the Defendant's proposed redactions. The Court will adopt the Defendant's proposed redactions after applying the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under this test, the Court must: (i) determine whether the documents in question are "judicial documents;" (ii) assess the weight of the common law presumption of access to the materials; and (iii) balance competing considerations against the presumption of access. Id. at 11920. "Such countervailing factors include but are not limited to 'the danger of impairing law enforcement or judicial efficiency' and 'the privacy interests of those resisting disclosure.'" Id. at 120 (quoting United States v. Amodeo ("Amodeo II"), 71 F.3d 1044, 1050 (2d Cir. 1995)). The proposed redactions satisfy this test. The Court finds that the Defendant's submissions are "relevant to the performance of the judicial function and useful in the judicial process," thereby qualifying as a "judicial document" for purposes of the first element of the Lugosch test. United States v. Amodeo ("Amodeo I"), 44 F.3d 141, 145 (2d Cir. 1995). And the Court also finds that the common law presumption of access attaches. Id. at 146; see also Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 602 (1978). As with the redactions to her renewed motion for bail, the proposed redactions here are narrowly tailored to serve substantial interests, including, most importantly, third parties personal privacy interests. See Under Seal v. Under Seal, 273 F. Supp. 3d 460, 467 (S.D.N.Y. 2017). See also Dkt. No. 95. The Defendant is hereby ORDERED to docket the redacted documents and corresponding exhibits by no later than December 23, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/23/2020) (Inl)
12/23/2020 | 102 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 18, 2020 re: Cover Letter for Reply Memorandum for Renewed Bail Application (Everdell, Christian) (Entered: 12/23/2020)
12/23/2020 | 103 | REPLY MEMORANDUM OF LAW in Support by Ghislaine Maxwell re: Renewed Motion for Bail. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Everdell, Christian) (Entered: 12/23/2020)
12/28/2020 | 104 | ORDER as to Ghislaine Maxwell. On December 8, 2020, Defendant Ghislaine Maxwell filed a renewed motion for releaseon bail. Dkt. No. 97. In an Opinion and Order concurrently filed under temporary seal, the Court DENIES the Defendant's
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motion. In light of the fact that the Opinion includes potentially confidential information that should not be filed on the public docket, the Court will permit the parties 48 hours to propose any redactions to the Courts Opinion and Order and to justify those redactions by reference to the Second Circuits decision in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110(2d Cir. 2006). After determining which, if any, portions of the Opinion and Order should be redacted, the Court will file the Opinion and Order on the public docket. As a result, the Court concludes that the Government has met its burden of persuasion that the Defendant poses a flight risk and that pretrial detention continues to be warranted. On or before December 30, 2020, the parties are ORDERED to submit a joint letter indicating whether they propose any redactions and the justification for any such proposal. This resolves Dkt No. 97. (Signed by Judge Alison J. Nathan on 12/28/20)(jw) (Entered: 12/28/2020)
12/30/2020 105 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated December 30, 2020 re: Joint Letter re December 28, 2020 Opinion and Order Document filed by USA. (Comey, Maurene) (Entered: 12/30/2020)
12/30/2020 106 OPINION AND ORDER as to Ghislaine Maxwell. Defendant Ghislaine Maxwell has been indicted by a grand jury on charges of conspiracy to entice minors to travel to engage in illegal sex acts, in violation of 18 U.S.C. § 371; enticing a minor to travel to engage in illegal sex acts, in violation of 18 U.S.C. §§ 2422 and 2; conspiracy to transport minors to participate in illegal sex acts, in violation of 18 U.S.C. § 371; transporting minors to participate in illegal sex acts, in violation of 18 U.S.C. §§ 2423 and 2; and two charges of perjury, in violation of 18 U.S.C. § 1623. The Court held a lengthy bail hearing on July 14, 2020. After extensive briefing and argument at the hearing, the Court concluded that the Defendant was a clear risk of flight and that no conditions or combination of conditions would ensure her appearance. Defendant Ghislaine Maxwells renewed motion for release on bail, Dkt. No. 97, is DENIED. (Signed by Judge Alison J. Nathan on 12/28/20)(jw) (Entered: 12/30/2020)
12/31/2020 107 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 31, 2020 re: Extension of Time . Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 12/31/2020)
01/05/2021 108 MEMO ENDORSEMENT as to Ghislaine Maxwell (1) on 107 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 31, 2020 re: Extension of Time. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 1/5/2021) (ap) (Entered: 01/05/2021)
01/05/2021 Set/Reset Deadlines as to Ghislaine Maxwell: Motions due by 1/25/2021. Responses due by 2/26/2021. Replies due by 3/5/2021. (ap) (Entered: 01/05/2021)
01/08/2021 109 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated January 8, 2021 re: Extension of Time to File Notice of Appeal . Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 01/08/2021)
01/11/2021 110 SEALED DOCUMENT placed in vault. (jus) (Entered: 01/11/2021)
01/11/2021 111 SEALED DOCUMENT placed in vault. (jus) (Entered: 01/11/2021)
01/11/2021 112 MEMO ENDORSEMENT as to Ghislaine Maxwell (1) denying 109 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated January 8, 2021 re: Extension of Time to File Notice of Appeal. ENDORSEMENT: The request is denied. Good cause for an extension of time to file a notice of appeal has not been provided. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/11/2021) (lnl) (Entered: 01/11/2021)
01/11/2021 113 NOTICE OF APPEAL by Ghislaine Maxwell from 104 Order. (nd) (Entered: 01/12/2021)
01/11/2021 Appeal Remark as to re: 113 Notice of Appeal by Ghislaine Maxwell. $505.00 Appeal filing fee due. (nd) (Entered: 01/12/2021)
01/12/2021 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ghislaine Maxwell to US Court of Appeals re: 113 Notice of Appeal. (nd) (Entered: 01/12/2021)
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01/12/2021
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ghislaine Maxwell re: 113 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 01/12/2021)
01/13/2021 114 INTERNET CITATION NOTE as to Ghislaine Maxwell: Material from decision with Internet citation re: 106 Memorandum & Opinion. (sjo) (Entered: 01/13/2021)
01/14/2021 115 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated January 14, 2021 re: Laptop Access (Everdell, Christian) (Entered: 01/14/2021)
01/15/2021 116 MEMO ENDORSEMENT as to Ghislaine Maxwell on 115 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated January 14, 2021 re: Laptop Access. ENDORSEMENT: The unobjected-to request is GRANTED. The Bureau of Prisons is ORDERED to give the Defendant access to the laptop computer on weekends and holidays during the hours that she is permitted to review discovery. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/15/2021) (lnl) (Entered: 01/15/2021)
01/15/2021
USCA Case Number 21-0058 from the U.S. Court of Appeals, 2nd Circ. as to Ghislaine Maxwell, assigned to 113 Notice of Appeal filed by Ghislaine Maxwell. (nd) (Entered: 01/15/2021)
01/15/2021
USCA Appeal Fees received $ 505.00, receipt number 465401271727 as to Ghislaine Maxwell on 01/15/2021 re: 113 Notice of Appeal filed by Ghislaine Maxwell. (nd) (Entered: 01/15/2021)
01/25/2021 117 ORDER as to Ghislaine Maxwell: On January 25, 2021, the Court received by email the attached letter from the Bureau of Prisons ("BOP"). In the letter, the BOP requests that the Court vacate its January 15, 2021 Order, Dkt. No. 116, which directed the BOP to give the Defendant access to her Government provided laptop computer on weekends and holidays during the hours that she is permitted to review discovery. The Defendant and the Government may respond to the BOP's letter within one week of this Order. (Signed by Judge Alison J. Nathan on 1/25/2021) (ap) (Entered: 01/25/2021)
01/25/2021 118 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Mark S. Cohen dated January 25, 2021 re: Pretrial Motions (Cohen, Mark) (Entered: 01/25/2021)
01/25/2021 119 MOTION for Separate Trial on Counts Ghislaine Maxwell (1) Count 5s-6s,5-6 . Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 120 MEMORANDUM in Support by Ghislaine Maxwell re 119 MOTION for Separate Trial on Counts Ghislaine Maxwell (1) Count 5s-6s,5-6 .. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 121 MOTION to Dismiss Either Count One Or Count Three of the Superseding Indictment as Multiplicitous. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 122 MEMORANDUM in Support by Ghislaine Maxwell re 121 MOTION to Dismiss Either Count One Or Count Three of the Superseding Indictment as Multiplicitous.. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 123 MOTION to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 124 MEMORANDUM in Support by Ghislaine Maxwell re 123 MOTION to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity.. (Pagliuca, Jeffrey) (Entered: 01/25/2021)
01/25/2021 125 MOTION to Dismiss the Superseding Indictment as it was Obtained in Violation of the Sixth Amendment. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 01/25/2021)
01/25/2021 126 MEMORANDUM in Support by Ghislaine Maxwell re 125 MOTION to Dismiss the Superseding Indictment as it was Obtained in Violation of the Sixth Amendment.. (Cohen, Mark) (Entered: 01/25/2021)
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(Cohen, Mark) (Entered: 01/25/2021)
01/26/2021 | 127 | ORDER as to Ghislaine Maxwell: On January 25, 2021, the Defendant filed twelve pre-trial motions. Because there is a request to redact sensitive or confidential information, several of the motions have been filed under temporary seal. The Government may respond to the Defendant's proposed redactions within two days of this Order. (Signed by Judge Alison J. Nathan on 1/26/2021) (ap) (Entered: 01/26/2021)
01/28/2021 | 128 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated January 28, 2021 re: Defendant's Proposed Redactions to Pre-Trial Motions Document filed by USA. (Pomerantz, Lara) (Entered: 01/28/2021)
02/01/2021 | 129 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated February 1, 2021 re: MDC Laptop Access Document filed by USA. (Comey, Maurene) (Entered: 02/01/2021)
02/01/2021 | 130 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 02/02/2021 re: Opposition to MDC letter (Sternheim, Bobbi) (Entered: 02/01/2021)
02/02/2021 | 131 | MEMO ENDORSEMENT as to Ghislaine Maxwell on Letter addressed to Judge Alison J. Nathan from Sophia Papapetru ( Staff Attorney, MDC Brooklyn, Federal Bureau of Prisons) dated January 25, 2021. ENDORSEMENT: Having considered the request submitted by the Bureau of Prisons ("BOP") that the Court vacate its January 15, 2021 Order, Dkt. No. 117, as well as the Defendant's responses, Dkt. Nos. 129, 130, the Court hereby DENIES the BOP's request to vacate the Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/2/2021)(bw) (Entered: 02/02/2021)
02/04/2021 | 132 | ORDER as to Ghislaine Maxwell: The Defendant is hereby ORDERED to docket the redacted documents and corresponding exhibits by no later than February 5, 2021. With respect to Motion 3, the Defendant is ORDERED to docket the version that includes the Government's proposed redactions in addition to her own. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/4/2021)(See ORDER as set forth) (lnl) (Entered: 02/04/2021)
02/04/2021 | 133 | MOTION to Suppress Under the Due Process Clause All Evidence Obtained from the Governments Subpoena to REDACTED and to Dismiss Counts Five and Six. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 134 | MEMORANDUM in Support by Ghislaine Maxwell re 133 MOTION to Suppress Under the Due Process Clause All Evidence Obtained from the Governments Subpoena to REDACTED and to Dismiss Counts Five and Six.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 135 | MOTION to Dismiss Counts Five and Six of the Superseding Indictment Because the Alleged Misstatements are Not Perjurious as a Matter of Law. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 136 | MEMORANDUM in Support by Ghislaine Maxwell re 135 MOTION to Dismiss Counts Five and Six of the Superseding Indictment Because the Alleged Misstatements are Not Perjurious as a Matter of Law.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 137 | MOTION to Dismiss Counts One Through Six of the Superseding Indictment for Pre-Indictment Delay. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/04/2021)
02/04/2021 | 138 | MEMORANDUM in Support by Ghislaine Maxwell re 137 MOTION to Dismiss Counts One Through Six of the Superseding Indictment for Pre-Indictment Delay.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Pagliuca, Jeffrey) (Entered: 02/04/2021)
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| Date | Number | Description |
|------------|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 02/04/2021 | 139 | MOTION to Suppress Under the Fourth Amendment, Martindell, and the Fifth Amendment All Evidence Obtained from the Governments Subpoena to REDACTED and to Dismiss Counts Five And Six. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/04/2021) |
| 02/04/2021 | 140 | MEMORANDUM in Support by Ghislaine Maxwell re 139 MOTION to Suppress Under the Fourth Amendment, Martindell, and the Fifth Amendment All Evidence Obtained from the Governments Subpoena to REDACTED and to Dismiss Counts Five And Six.. (Pagliuca, Jeffrey) (Entered: 02/04/2021) |
| 02/04/2021 | 141 | MOTION to Dismiss the Superseding Indictment for Breach of Non-Prosecution Agreement.. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 142 | MEMORANDUM in Support by Ghislaine Maxwell re 141 MOTION to Dismiss the Superseding Indictment for Breach of Non-Prosecution Agreement.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Sealed), # 4 Exhibit D (Sealed), # 5 Exhibit E (Sealed), # 6 Exhibit F (Sealed), # 7 Exhibit G (Sealed), # 8 Exhibit H (Sealed))(Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 143 | MOTION to Dismiss Counts One Through Four of the Superseding Indictment as Time-Barred. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 144 | MEMORANDUM in Support by Ghislaine Maxwell re 143 MOTION to Dismiss Counts One Through Four of the Superseding Indictment as Time-Barred.. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 145 | MOTION to Strike Surplusage from Superseding Indictment. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 146 | MEMORANDUM in Support by Ghislaine Maxwell re 145 MOTION to Strike Surplusage from Superseding Indictment.. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 147 | MOTION for Bill of Particulars and Pretrial Disclosures. Document filed by Ghislaine Maxwell. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 148 | MEMORANDUM in Support by Ghislaine Maxwell re 147 MOTION for Bill of Particulars and Pretrial Disclosures.. (Attachments: # 1 Exhibit A, # 2 Exhibit B (Sealed), # 3 Exhibit C (Sealed), # 4 Exhibit D (Sealed), # 5 Exhibit E)(Cohen, Mark) (Entered: 02/04/2021) |
| 02/04/2021 | 149 | AFFIDAVIT of Bobbi C. Sternheim in Support as to Ghislaine Maxwell re 147 MOTION for Bill of Particulars and Pretrial Disclosures.. (Cohen, Mark) (Entered: 02/04/2021) |
| 02/05/2021 | 150 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 151 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 152 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 153 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 154 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 155 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 156 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 157 | SEALED DOCUMENT placed in vault. (jri) (Entered: 02/05/2021) |
| 02/05/2021 | 158 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated February 5, 2021 re: MDC Conditions Update Document filed by USA. (Comey, Maurene) (Entered: 02/05/2021) |
| 02/16/2021 | 159 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 02/16/2021 re: Conditions of Pretrial Confinement (Sternheim, Bobbi) (Entered: 02/16/2021) |
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| Date | Dkt. No. | Description |
|------------|----------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 02/23/2021 | 160 | THIRD MOTION for Bond. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 02/23/2021) |
| 02/24/2021 | 161 | ORDER as to Ghislaine Maxwell: On February 23, 2021, Defendant Ghislaine Maxwell filed a third motion for release on bail. Dkt. No. 160. The Government's response is due March 9, 2021, and the Defendants reply is due March 16, 2021. SO ORDERED. (Responses due by 3/9/2021. Replies due by 3/16/2021.) (Signed by Judge Alison J. Nathan on 2/24/2021) (lnl) (Entered: 02/24/2021) |
| 02/26/2021 | 162 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSA Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated February 26, 2021 re: Cover Letter for Government Opposition to Defense Pretrial Motions. Document filed by USA. (Comey, Maurene) (Entered: 02/26/2021) |
| 03/01/2021 | 163 | LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated March 1, 2021 re: Extension of Time to File Reply to Government Opposition to Defense Pretrial Motions. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 03/01/2021) |
| 03/01/2021 | 164 | MEMO ENDORSEMENT 163 LETTER MOTION To request a 10-day extension of time until Monday, March 15, 2021 to file our reply re: 163 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated March 1, 2021 re: Extension of Time to File Briefing Schedule...ENDORSEMENT...The Defendant's request is GRANTED. Her reply to the Government's Omnibus Memorandum in Opposition to the Defendants Pretrial Motions is now due on March 15, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/1/21) (jw) (Entered: 03/01/2021) |
| 03/01/2021 | | Set/Reset Deadlines/Hearings as to Ghislaine Maxwell: Defendant Replies due by 3/15/2021 (jw) (Entered: 03/01/2021) |
| 03/09/2021 | 165 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSA Maurene Comey, Alison Moe, and Lara Pomerantz dated March 9, 2021 re: Opposition to Third Bail Motion. Document filed by USA. (Attachments: # 1 Exhibit A) (Pomerantz, Lara) (Entered: 03/09/2021) |
| 03/15/2021 | 166 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated March 15, 2021 re: Pretrial Motion Replies (Everdell, Christian) (Entered: 03/15/2021) |
| 03/16/2021 | 167 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 03/16/2021 re: Letter regarding Reply to Bail Motion (Sternheim, Bobbi) (Entered: 03/16/2021) |
| 03/18/2021 | 168 | ORDER as to Ghislaine Maxwell. On February 26, 2021, the Government filed its omnibus memorandum of law opposing Defendants' twelve pretrial motions. It filed the brief, along with the corresponding exhibits, under temporary seal pending the Court's resolution of its request to redact sensitive or confidential information. See Dkt. No. 162. On March 9, 2021, the Defendant objected to certain of the redactions that the Government had proposed, and she proposed additional redactions. Having considered the parties' respective positions, the Court will grant the Government's requests for redactions and sealing, as well as the Defendant's additional redaction requests, with the exceptions discussed below. Finally, the Court denies the Governments request to file Exhibit 11 entirely under seal. While portions of that transcript have been redacted, other portions are part of the public record. See Giuffre v. Maxwell, Case No. 15-cv-7433, Dkt. No. 1212-1. In light of this, the Court sees no basis to file the transcript entirely under seal rather than by redacting the relevant portions. In light of the above, the Government is hereby ORDERED to either docket on ECF their brief and the corresponding exhibits, consistent with this Order, or to file a letter with the Court justifying more tailored redaction and sealing requests regarding pages 1128 and 187188 and Exhibits 8 and 9 by no later than March 22, 2021. The Defendant is further ORDERED to meet, confer, and jointly propose redactions to the Defendant's cover letter objecting to the Government's proposed redactions by March 22, 2021. Finally, the parties are ORDERED to meet, confer, and propose redactions to Exhibit 11 of the Government's submission by March 22, 2021 (Signed by Judge Alison J. Nathan on 3/18/21) (jw) (Entered: 03/18/2021) |
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| Date | Docket # | Description
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03/24/2021 | Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ghislaine Maxwell re: 173 Notice of Appeal were transmitted to the U.S. Court of Appeals. (tp) (Entered: 03/24/2021)
03/24/2021 174 SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021)
03/24/2021 175 SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021)
03/24/2021 176 SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021)
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