Document 556

Case 1:20-cr-00330-PAE Document 556 Filed 12/19/21 Page 1 of 2 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 December 19, 2021 BY ECF The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter regarding the jury charge. The Government notes one point, which is not the result of an error but which is a significant ambiguity that the Government identified while reviewing the Court's revisions. In Instruction No. 19, the second element reads that "the Defendant transported the individual with the intent that she would engage in sexual activity for which any person can be charged with a criminal offense under New York law, as alleged in the Indictment." It is ambiguous whether the "she" in this sentence refers to the Defendant or the individual. The Government proposes that the Court replace "she" with "the individual." See Instr. No. 21 ("The second element of Count Four which the Government must prove beyond a reasonable doubt is 1 DOJ-OGR-00008436 --- PAGE BREAK --- Case 1:20-cr-00330-PAE Document 556 Filed 12/19/21 Page 2 of 2 that Ms. Maxwell knowingly transported Jane in interstate commerce with the intent that Jane engage in sexual activity for which any person can be charged with a criminal offense in violation of New York law."). Respectfully submitted, DAMIAN WILLIAMS United States Attorney By: s/ Maurene Comey Alison Moe Lara Pomerantz Andrew Rohrbach Assistant United States Attorneys Southern District of New York Cc: Defense Counsel (by ECF) 2 DOJ-OGR-00008437