Case 1:20-cr-00330-PAE Document 489 Filed 11/22/21 Page 1 of 2 COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 +1 212 957 7600 phone www.cohengresser.com Christian R. Everdell +1 (212) 957-7600 ceverdell@cohengresser.com November 20, 2021 The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, NY 10007 Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN) Dear Judge Nathan: On behalf of our client, Ghislaine Maxwell, we respectfully submit this letter in response to the government's letter motion, dated November 11, 2021, requesting that the Court find that the birth certificates for the alleged Minor Victims (GX 11 through GX-16) are self-authenticating under the Federal Rules of Evidence. We have reviewed the government's submission and, in the interests of facilitating an efficient trial, we are prepared to stipulate to the authenticity of the birth certificates for alleged Minor Victim-1 (GX-12), Minor Victim-2 (GX-13), Minor Victim-4 (GX-11), Minor Victim-5 (GX-14), and Minor Victim-6 (GX-15). We will coordinate with the government to produce an appropriately worded stipulation as to the authenticity of these exhibits. However, the government itself concedes that it has not yet proffered a sufficient foundation to authenticate the birth certificate of Witness-3 (GX-16). See 11/11/2021 Gov't Ltr. at 1 n.2. According to GX-16, Witness-3 was born . In order for such a record to be self-authenticating as a foreign public document, the government must meet the requirements of Rule 902(3) of the Federal Rules of Evidence, which it has not yet done. The DOJ-OGR-00007407
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Case 1:20-cr-00330-PAE Document 489 Filed 11/22/21 Page 1 of 2 COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 +1 212 957 7600 phone www.cohengresser.com Christian R. Everdell +1 (212) 957-7600 ceverdell@cohengresser.com November 20, 2021 The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, NY 10007 Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN) Dear Judge Nathan: On behalf of our client, Ghislaine Maxwell, we respectfully submit this letter in response to the government's letter motion, dated November 11, 2021, requesting that the Court find that the birth certificates for the alleged Minor Victims (GX 11 through GX-16) are self-authenticating under the Federal Rules of Evidence. We have reviewed the government's submission and, in the interests of facilitating an efficient trial, we are prepared to stipulate to the authenticity of the birth certificates for alleged Minor Victim-1 (GX-12), Minor Victim-2 (GX-13), Minor Victim-4 (GX-11), Minor Victim-5 (GX-14), and Minor Victim-6 (GX-15). We will coordinate with the government to produce an appropriately worded stipulation as to the authenticity of these exhibits. However, the government itself concedes that it has not yet proffered a sufficient foundation to authenticate the birth certificate of Witness-3 (GX-16). See 11/11/2021 Gov't Ltr. at 1 n.2. According to GX-16, Witness-3 was born . In order for such a record to be self-authenticating as a foreign public document, the government must meet the requirements of Rule 902(3) of the Federal Rules of Evidence, which it has not yet done. The DOJ-OGR-00007407
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Case 1:20-cr-00330-PAE Document 489 Filed 11/22/21 Page 2 of 2 The Honorable Alison J. Nathan November 20, 2021 Page 2 defense is not prepared to stipulate to the authenticity of a document when the foundation for its authenticity has not yet been established. The defense is willing to reconsider its position if the government can produce the attestations and certifications required to authenticate GX-16 under Rule 902(3). Respectfully submitted, /s/ Christian Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor New York, New York 10022 (212) 957-7600 cc: All Counsel of Record (By Email) DOJ-OGR-00007408
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Case 1:20-cr-00330-PAE Document 489 Filed 11/22/21 Page 2 of 2 The Honorable Alison J. Nathan November 20, 2021 Page 2 defense is not prepared to stipulate to the authenticity of a document when the foundation for its authenticity has not yet been established. The defense is willing to reconsider its position if the government can produce the attestations and certifications required to authenticate GX-16 under Rule 902(3). Respectfully submitted, /s/ Christian Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor New York, New York 10022 (212) 957-7600 cc: All Counsel of Record (By Email) DOJ-OGR-00007408