Document 56

Case 1:19-cr-00490-RMB Document 56 Filed 09/04/19 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES COURTHOUSE 500 PEARL STREET NEW YORK, NEW YORK 10007 (212) 805-6715 CHAMBERS OF RICHARD M. BERMAN UNITED STATES DISTRICT JUDGE USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 9/4/19 September 4, 2019 Bruce A. Green Louis Stein Chair Fordham University School of Law 150 West 62nd Street Room 7-168 New York City, NY 10023 Dear Professor Green, Thank you for your letter of August 30, 2019. I appreciate your taking the time to clarify the record. I learned that you had been "retained to provide opinions as an expert on legal ethics" in Giuffre v. Dershowitz following the August 27, 2019 public hearing in US v. Epstein. I learned of your role in the Giuffre case by reading your affidavit, dated June 7, 2019, which includes your legal ethics opinion that David Boies should be disqualified from representing Ms. Giuffre in that matter. As you are aware, both Mr. Boies and Ms. Giuffre were invited to testify at the August 27, 2019 hearing. I remain surprised that your advocacy of Mr. Boies' disqualification from representing Ms. Giuffre (in a case obviously related to US v. Epstein) was not disclosed simultaneously with your August 26, 2019 Law Journal opinion piece entitled "The Judge in Epstein's Case Should Not Turn the Dismissal Into a Drama for the Victims." I am also surprised that you would find the August 27, 2019 public hearing to be an inappropriate occasion for transparency in light of Federal Rule of Criminal Procedure 57 and the Crime Victims' Rights Act, 18 U.S.C. § 3771. You wrote: "This is an odd moment for transparency in a criminal case." 1 DOJ-OGR-00000727 --- PAGE BREAK --- Case 21-58, Document 56, 04/12/2021, 3075291, Page1 of 3 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Thurgood Marshall U.S. Courthouse 40 Foley Square, New York, NY 10007 Telephone: 212-857-8500 MOTION INFORMATION STATEMENT Docket Number(s): 21-58, 21-770 Caption [use short title] Motion for: Leave to file exhibit under seal Set forth below precise, complete statement of relief sought: The Government seeks leave to file exhibit under seal United States v. Maxwell MOVING PARTY: United States of America OPPOSING PARTY: Ghislaine Maxwell Plaintiff Defendant Appellant/Petitioner Appellee/Respondent MOVING ATTORNEY: Audrey Strauss, U.S. Attorney, Southern District of New York OPPOSING ATTORNEY: David Markus By: Lara Pomerantz, Assistant U.S. Attorney Markus/Moss PLLC One Saint Andrew's Plaza, New York, NY 10007 40 NW Third Street, PH 1, Miami, FL 33128 (212) 637-2343; Email: lara.pomerantz@usdoj.gov (305) 379-6667; Email: dmarkus@markuslaw.com Court- Judge/ Agency appealed from: The Honorable Alison J. Nathan, United States District Judge, Southern District of New York Please check appropriate boxes: Has movant notified opposing counsel (required by Local Rule 27.1): Yes No (explain): Opposing counsel's position on motion: Unopposed Opposed Don't Know Does opposing counsel intend to file a response: Yes No Don't Know Is oral argument on motion requested? Yes No (requests for oral argument will not necessarily be granted) Has argument date of appeal been set? Yes No If yes, enter date: April 26, 2021 Signature of Moving Attorney: s/ Lara Pomerantz Date: 04/12/21 Service by: CM/ECF Other [Attach proof of service] FOR EMERGENCY MOTIONS, MOTIONS FOR STAYS AND INJUNCTIONS PENDING APPEAL: Has this request for relief been made below? Yes No Has this relief been previously sought in this court? Yes No Requested return date and explanation of emergency: Form T-1080 (rev.12-13) DOJ-OGR-00020232 --- PAGE BREAK --- Case 22-1426, Document 56, 02/22/2023, 3472891, 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 22nd day of February, two thousand twenty-three. Before: Michael H. Park, Circuit Judge, ORDER United States of America, Appellee, Docket No. 22-1426 v. Ghislaine Maxwell, AKA Sealed Defendant 1, Defendant - Appellant. Appellant moves for leave to file an oversized principal brief of up to 35,000 words. IT IS HEREBY ORDERED that the motion is DENIED. For the Court: Catherine O'Hagan Wolfe, Clerk of Court Catherine O'Hagan Wolfe DOJ-OGR-00020618 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 56 Filed 05/25/21 Page 1 of 5 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America v. Michael Thomas, Defendant. Deferred Prosecution Agreement 19 Cr. 830 (AT) TO: MICHAEL THOMAS On November 19, 2019, a grand jury sitting in this District returned a six-count indictment (the "Indictment"), which charged Michael Thomas ("you") with committing offenses against the United States, to wit, conspiring to knowingly defraud the United States and to knowingly make and use a false writing or document, in violation of 18 U.S.C. § 371, and three counts of knowingly making and using a false writing or document, in violation of 18 U.S.C. § 1001. However, after a thorough investigation, and based on the facts of this case and your personal circumstances, the U.S. Attorney's Office for the Southern District of New York ("USAO-SDNY") has determined that the interests of justice will best be served by deferring prosecution in this District. Upon your acceptance of responsibility for your behavior and by your signature on this deferred prosecution agreement (the "Agreement"), prosecution will be deferred during the term of your behavior and satisfactory compliance with the terms of this Agreement for the period of six months from the date of this Agreement. The terms and conditions constituting your good behavior and satisfactory compliance are as follows: (1) You shall refrain from violating any federal, state, or local law. You shall immediately contact your U.S. Pretrial Services Officer if arrested or questioned by a law-enforcement officer. (2) You shall associate only with law-abiding persons. (3) You shall work regularly at a lawful occupation, regularly attend school, and/or support or care for your legal dependents, if any, to the best of your ability, as approved by your U.S. Pretrial Services Officer. You shall notify your supervising U.S. Pretrial Services Officer prior to any work or school changes. (4) You shall not leave the contiguous United States without permission of your supervising U.S. Pretrial Services Officer. In accordance with this condition, the U.S. Pretrial Services Office shall return your passport upon the Court's entering this Agreement, and shall do so indefinitely unless this Agreement is violated. - 1 - DOJ-OGR-00022128 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 56 Filed 09/04/19 Page 2 of 2 Finally, it is unfortunate that your opinion piece may have been construed as an effort to chill Ms. Giuffre's and Mr. Boies' right to be heard under 18 U.S.C. § 3771 at the August 27, 2019 public hearing. You wrote: "[W]hatever informational interests the victims may have would be served by affording them a chance to attend the hearing, not by giving them a speaking role." Sincerely, RMB Richard M. Berman U.S.D.J. cc: AUSA Maurene Comey; Martin G. Weinberg, Esq.; Reid Weingarten, Esq.; David Boies, Esq. 2 DOJ-OGR-00000728 --- PAGE BREAK --- Case 21-58, Document 56, 04/12/2021, 3075291, Page2 of 3 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT UNITED STATES OF AMERICA, Appellee, - v. - GHISLAINE MAXWELL, Defendant-Appellant, STATE OF NEW YORK COUNTY OF NEW YORK SOUTHERN DISTRICT OF NEW YORK LARA POMERANTZ, pursuant to 28 U.S.C. § 1746, hereby affirms under penalty of perjury: 1. I am an Assistant United States Attorney in the Office of Audrey Strauss, United States Attorney for the Southern District of New York, and I represent the Government in this appeal. I submit this affirmation in support of the Government's motion to file an unredacted copy of Exhibit F, the Government's Memorandum in Opposition to the Defendant's Renewed Motion for Release, under seal. 2. Counsel for the Defendant-Appellant filed publicly a redacted version of Exhibit F, which was the version publicly filed on the docket in this case. (Dkt. No. 100). The redactions to that document are narrowly tailored to cover (1) information implicating the privacy interests of third parties previously articulated by the defense (Dkt. No. 86), and (2) Confidential Material produced by the Government in discovery and governed by the protective order in this case (Dkt. No. 36). The Government believes that some of the redacted information is pertinent to this appeal and therefore seeks leave to file an unredacted copy of Exhibit F under seal. DOJ-OGR-00020233 --- PAGE BREAK --- (5) You shall notify your supervising U.S. Pretrial Services Officer immediately of any change in your place of residence. (6) You shall follow your supervising U.S. Pretrial Services Officer's instructions and advice. (7) You shall report to your supervising U.S. Pretrial Services Officer as directed. As a further condition you hereby consent to disclosure, by any federal, state, or local government agency, or by any medical or substance abuse treatment provider, to the U.S. Pretrial Services Officer supervising your case, of such medical and treatment records as may be requested by the Pretrial Services Officer to evaluate deferral of prosecution in this case. You further agree that you will execute any additional consent forms that any such agency or provider may require to release such information. Special conditions are as follows: You shall truthfully and completely disclose all information with respect to the activities of yourself and others related to your employment by the Bureau of Prisons ("BOP"), which information can be used for any purpose. You shall agree to meet with and be interviewed by the USAO-SDNY, the Federal Bureau of Investigation, the Department of Justice, Office of the Inspector General ("DOJ-OIG"), and any other law enforcement agency designated by this Office. You shall complete 100 documented hours of community service, preferably related to the criminal justice system, including working with recently released inmates. The specific type of community service to be performed must be approved by your Pretrial Services Officer. The USAO-SDNY may at any time revoke or modify any condition of this provisional release or change the period of such supervision, which shall in no case exceed six months. The USAO-SDNY may discharge you from supervision at any time. The USAO-SDNY may at any time proceed with the prosecution for this offense should the USAO-SDNY, in its sole discretion, deem such action advisable. If upon completion of your supervision a written report from your supervising U.S. Pretrial Services Officer is received to the effect that you have complied with all the rules, regulations and conditions and special conditions applicable to your deferred prosecution, no further prosecution will be instituted in this District for the above offenses. Nothing in this Agreement shall be interpreted to preclude the BOP or the DOJ-OIG from taking any administrative action against you, including suspension or termination of employment, based on the facts alleged in the Indictment, the facts identified in the course of the investigation that led to the Indictment, or your own statements to the DOJ-OIG or any other law enforcement entity. Nothing in this Agreement shall be interpreted to require the BOP or the DOJ-OIG to delay - 2 - DOJ-OGR-00022129 --- PAGE BREAK --- Case 21-58, Document 56, 04/12/2021, 3075291, Page3 of 3 3. The Government has communicated with counsel for the Defendant-Appellant, who does not object to this request. 4. I declare under penalty of perjury that the foregoing is true and correct. Dated: New York, New York April 12, 2021 /s/ Lara Pomerantz Lara Pomerantz Assistant United States Attorney Telephone: (212) 637-2343 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 56 Filed 05/25/21 Page 4 of 5 The undersigned hereby consents to the foregoing. The undersigned hereby further admits that he willfully and knowingly completed materially false count and round slips regarding required counts and rounds in the Special Housing Unit of the Metropolitan Correctional Center ("MCC") on August 9, 2019 and August 10, 2019. The undersigned expressly waives any and all rights to a speedy trial pursuant to the Sixth Amendment to the United States Constitution, the Speedy Trial Act, §§ 3161 et seq., and any other pertinent provisions, and consents to the adjournment of all pending proceedings in this case. The undersigned further waives the applicable statute of limitations with respect to any prosecution that is not time-barred on the date that this agreement is signed. It is the intent of this provision to toll the applicable statute of limitations during the pendency of the deferred prosecution. The undersigned understands that pursuant to Title 18, United States Code, Section 3161(h)(2), this Agreement is subject to approval by the Court. Should the Court refuse to approve, and thereby reject, this Agreement, neither party shall be bound to any term of this Agreement, and no admissions in this Agreement may be used against the undersigned. Finally, the undersigned acknowledges that he has read this Agreement and has carefully reviewed each provision with his attorney. The undersigned and his attorney acknowledge that no threats, promises, or representations have been made, nor agreements reached, other than those set forth in this Agreement. The undersigned further acknowledges that he understands and voluntarily accepts each and every term and condition of this Agreement. Dated: New York, New York May 20, 2021 Montell Figgins (May 20, 2021 15:49 EDT) Montell Figgins, Esq. Attorney for Defendant Michael Thomas (May 20, 2021 16:04 EDT) Michael Thomas Defendant - 4 - DOJ-OGR-00022131 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 56 Filed 05/25/21 Page 5 of 5 Pursuant to 18 U.S.C. §3161(h)(2), exclusion under the Speedy Trial Act of the period of time during which the prosecution of the defendant is deferred pursuant to this Agreement is hereby approved. Dated: New York, New York May 25, 2021 Honorable Analisa Torres United States District Judge The undersigned hereby consents to the foregoing and will accept supervision of the above-named defendant on the conditions set forth herein. Dated: New York, New York May , 2021 Francesca Piperato Digitally signed by Francesca Piperato Date: 2021.05.24 10:32:36 -04'00' United States Pretrial Services Officer - 5 - DOJ-OGR-00022132