Document 55

Case 1:19-cr-00490-RMB Document 55 Filed 09/04/19 Page 1 of 1 FORDHAM University Lincoln Center, 150 West 62nd Street New York, NY 10023-7485 School of Law Bruce A. Green Louis Stein Chair USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 9/4/19 Phone: 212-636-6851 Fax: 212-636-6899 bgreen@law.fordham.edu Hon. Richard M. Berman U.S. District Court for the Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312 RECEIVED SEP 04 2019 CHAMBERS OF RICHARD M. BERMAN U.S.D.J. re: United States v. Epstein, 1:19-cr-00490-RMB Dear Judge Berman: Yesterday, I was provided a partial transcript of the August 27, 2019 hearing in the above-captioned case, and I am writing to clarify the record. As you know, I co-authored a New York Law Journal article before the hearing. The transcript quotes the court, in pertinent part, as follows with reference to me and the article: "On a somewhat more serious note, don't quote me on this, but it is my understanding that one of the authors of that article is himself counsel in one of the Epstein-related cases. I was surprised to learn that very recently. I'm certain it is true. I was also surprised that that aspect was not disclosed in the Law Journal." Later in the hearing, attorney David Boies made comments consistent with those of the court. Just to clear up the evident misunderstanding: I have never been counsel to Epstein or his estate or to anyone in an Epstein-related case. I did serve as an expert witness, by way of expert declaration, in support of Professor Dershowitz's motion to disqualify Mr. Boies and his law firm in Giuffre v. Dershowitz, 1:19-cv-03377 (SDNY), a pending defamation case that might be described as "Epstein-related." My work as an expert witness, which concluded in June, did not involve my representation of, or advocacy on behalf of, Professor Dershowitz. I did not serve as counsel or as an advocate on anyone's behalf in co-authoring the law journal article. Very truly yours, Bruce A. Green cc: AUSA Maurene Comey; Martin G. Weinberg, Esq.; Reid Weingarten, Esq.; David Boies, Esq. DOJ-OGR-00000726 --- PAGE BREAK --- Case 21-770, Document 55, 04/16/2021, 3079459, 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: Alison Moe Firm: United States Attorney's Office for the Southern District of New York Address: One St. Andrew's Plaza Telephone: (212) 637-2225 Fax: E-mail: alison.moe@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 S. 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 N/A OR I applied for admission on . Signature of Counsel: /s/ Alison Moe Type or Print Name: Alison Moe DOJ-OGR-00001372 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 55 Filed 09/04/20 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, Plaintiff, v. GHISLAINE MAXWELL, Defendant. 20-CR-330 (AJN) NOTICE OF APPEAL PLEASE TAKE NOTICE that Ghislaine Maxwell, Defendant in the above-captioned case, hereby appeals to the United States Court of Appeals for the Second Circuit from the district court's September 2, 2020, Memorandum Opinion and Order denying her motion to modify the protective order. Pichler v. UNITE, 585 F.3d 741, 746 n.6 (3d Cir. 2009) ("We have jurisdiction under the collateral order doctrine to review the denial of the motion to modify the Protective Order and the denial of the motion to reconsider."); Minpeco S.A. v. Conticommodity Servs., Inc., 832 F.2d 739, 742 (2d Cir. 1987) (denial of motion to modify protective order is immediately appealable under the collateral order doctrine) (citing Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 545-47 (1949)); see also Brown v. Maxwell, 929 F.3d 41, 44 (2d Cir. 2019) (appeal by intervenors challenging denial of motions to modify protective order and unseal). Dated: September 3, 2020. 1 DOJ-OGR-00001769 RECEIVED SEP 04 2020 S.D.N.Y. - APPEALS --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 55 Filed 05/25/21 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA -against- TOVA NOEL and MICHAEL THOMAS, Defendants. ANALISA TORRES, District Judge: This Order is entered, pursuant to Federal Rule of Criminal Procedure 5(f) and the Due Process Protections Act, Pub. L. No 116-182, 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. The Government must disclose to the defense all information "favorable to an accused" that is "material either to guilt or to punishment" and that is known to the Government. Id. at 87. This obligation applies regardless of whether the defendant requests this information or whether the information would itself constitute admissible evidence. The Government shall disclose such information to the defense promptly after its existence becomes known to the Government so that the defense may make effective use of the information in the preparation of its case. As part of these obligations, the Government must disclose any information that can be used to impeach the trial testimony of a Government witness within the meaning of Giglio v. United States, 405 U.S. 150 (1972), and its progeny. Such information must be disclosed sufficiently in advance of trial in order for the defendant to make effective use of it at trial or at such other time as the Court may order.1 1 This Order does not purport to set forth an exhaustive list of the Government's disclosure obligations. DOJ-OGR-00022125 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 55 Filed 09/04/20 Page 2 of 9 Respectfully submitted, Laura A. Menninger (LM-1374) Jeffrey S. Pagliuca (pro hac vice) HADDON, MORGAN AND FOREMAN, P.C. 150 East 10th Avenue Denver, CO 80203 Phone: 303.831.7364 Fax: 303.832.2628 lmenninger@hmflaw.com jpagliuca@hmflaw.com Attorneys for Ghislaine Maxwell 2 DOJ-OGR-00001770 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 55 Filed 05/25/21 Page 2 of 3 The foregoing obligations are continuing ones and apply to materials that become known to the Government in the future. These obligations also apply to information that is otherwise subject to disclosure regardless of whether the Government credits it. In the event the Government believes that a disclosure under this Order would compromise witness safety, victim rights, national security, a sensitive law-enforcement technique, or any other substantial government interest, it may apply to the Court for a modification of its obligations, which may include in camera review or withholding or subjecting to a protective order all or part of the information otherwise subject to disclosure.2 For purposes of this Order, the Government has an affirmative obligation to seek all information subject to disclosure under this Order from all current or former federal, state, and local prosecutors, law enforcement officers, and other officers who have participated in the prosecution, or investigation that led to the prosecution, of the offense or offenses with which the defendant is charged. If the Government fails to comply with this Order, the Court, in addition to ordering production of the information, may: (1) specify the terms and conditions of such production; (2) grant a continuance; (3) impose evidentiary sanctions; (4) impose contempt or other sanctions on any lawyer responsible for violations of the Government's disclosure obligations, or refer the matter to disciplinary authorities; (5) dismiss charges before trial or vacate a conviction after trial or a guilty plea; or 2 The Classified Information Procedures Act sets forth separate procedures to be followed in the event that the Government believes matters relating to classified information may arise in connection with the prosecution. See 18 U.S.C. app. 3 § 1 et seq. DOJ-OGR-00022126 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 55 Filed 09/04/20 Page 3 of 9 CERTIFICATE OF SERVICE I certify that on September 3, 2020, I filed this Notice of Appeal with the Clerk of Court by mail pursuant to Section 17 of the CM/ECF Rules and served all parties of record by email. /s/ Nicole Simmons 3 DOJ-OGR-00001771 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 55 Filed 05/25/21 Page 3 of 3 (6) enter any other order that is just under the circumstances. SO ORDERED. Dated: May 25, 2021 New York, New York ANALISA TORRES United States District Judge DOJ-OGR-00022127 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 55 Filed 09/04/20 Page 4 of 9 Court Name: District Court Division: 1 Receipt Number: 465461266036 Cashier ID: Swooten Transaction Date: 09/09/2020 Payer Name: GHISLANE MAXWELL - NOTICE OF APPEAL/DOCKETING FEE For: GHISLANE MAXWELL Amount: $505.00 CHECK Check/Money Order Num: 329 Amt Tendered: $505.00 Total Due: $505.00 Total Tendered: $505.00 Change Amt: $0.00 20CR000330 DOJ-OGR-00001772 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 55 Filed 09/04/20 Page 5 of 9 Haddon, Morgan and Foreman, P.C 150 East 10th Avenue Denver, Colorado 80203 PH 303.831.7364 FX 303.832.2628 www.hmflaw.com September 3, 2020 VIA OVERNIGHT DELIVERY Southern District of New York Court Clerk's Office 500 Pearl Street New York, NY 10007-13122 Re: US v. Maxwell, Case No. 20 cr. 330 (AJN) Notice of Appeal Dear Clerk of Court: Attached hereto is the Notice of Appeal for filing and a check in the amount of $505.00 for the docketing and processing fees. If you have any questions, please feel free to call me at the phone number referenced above. Very truly yours, Nicole Simmons Nicole Simmons Enclosures DOJ-OGR-00001773 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 55 Filed 09/04/20 Page 6 of 9 RENEE MCREYNOLDS 3038317364 HADDON, MORGAN AND FOREMAN, P. 150 EAST 10TH AVENUE DENVER CO 80203 LTR 1 OF 1 SHIP TO: CLERK OF COURT US DISTRICT COURT - SDNY 500 PEARL STREET DANIEL P. 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