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Case 1:19-cr-00490-RMB Document 57 Filed 09/26/19 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, v. JEFFREY EPSTEIN, Defendant. ALLRED, MAROKO & GOLDBERG BY: GLORIA ALLRED [Jane Doe appearing on Page 76 Line 20 through Page 78 Line 20 in the official transcript of the August 27, 2019 Victim Impact Statement hearing] 19 CR 490 (RMB) Before Hon. Richard M. Berman NOTICE OF WITHDRAWAL OF GLORIA ALLRED AND ALLRED, MAROKO & GOLDBERG OF REPRESENTATION OF THE SECOND OF THREE JANE DOES WHOSE VICTIM STATEMENTS WERE READ BY GLORIA ALLRED ON AUGUST 27, 2019 NOTICE OF WITHDRAWAL OF GLORIA ALLRED AND ALLRED, MAROKO & GOLDBERG OF REPRESENTATION OF THE SECOND OF FOUR JANE DOES WHOSE VICTIM STATEMENTS WERE READ ON AUGUST 27, 2019 September 25, 2019 DOJ-OGR-00000729 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page1 of 30 No. 21-770 & 21-58 In the United States Court of Appeals for the Second Circuit UNITED STATES OF AMERICA, Appellee, v. GHISLAINE MAXWELL, Appellant. On Appeal from the United States District Court for the Southern District of New York, 20-CR-330 (AJN) Appellant Ghislaine Maxwell's Reply in Support of Her Motion for Pretrial Release David Oscar Markus MARKUS/MOSS PLLC 40 N.W. Third Street Penthouse One Miami, Florida 33128 Tel: (305) 379-6667 markuslaw.com DOJ-OGR-00001373 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page1 of 208 22-1426-cr United States Court of Appeals for the Second Circuit UNITED STATES OF AMERICA, Appellee, -v- GHISLAINE MAXWELL, AKA Sealed Defendant 1, Defendant-Appellant. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK APPENDIX Volume 1 of 2 (Pages A-1 to A-204) ARTHUR L. AIDALA DIANA FABI SAMSON JOHN M. LEVENTHAL AIDALA BERTUNA & KAMINS PC Attorneys for Defendant-Appellant 546 Fifth Avenue, 6th Floor New York, New York 10036 (212) 486-0011 DOJ-OGR-00020619 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page178 of 208 A-174 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 2 of 15 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 7 DOJ-OGR-00020796 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 57 Filed 05/25/21 USDSNY Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, -v- Tova Noel, Defendant(s). Defendant Tova Noel hereby voluntarily consents to participate in the following proceeding via videoconferencing: Initial Appearance/Appointment of Counsel Arraignment (If on Felony Information, Defendant Must Sign Separate Waiver of Indictment Form) Preliminary Hearing on Felony Complaint Bail/Revocation/Detention Hearing X Status and/or Scheduling Conference Misdemeanor Plea/Trial/Sentence Tova Noel Defendant's Signature (Judge may obtain verbal consent on Record and Sign for Defendant) Tova Noel Print Defendant's Name Jason E. Foy Defense Counsel's Signature Jason E. Foy Print Defense Counsel's Name This proceeding was conducted by reliable videoconferencing technology. 5/25/2021 Date U.S. District Judge/U.S. Magistrate Judge DOJ-OGR-00022133 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 57 Filed 09/26/19 Page 2 of 2 1 Gloria Allred and Allred, Maroko & Goldberg hereby inform the Court that they no longer 2 represent the third of four Jane Does who were represented by Gloria Allred and Allred, Maroko & 3 Goldberg, and whose Victim Impact Statement was read into the record during the August 27, 4 2019 hearing before the Honorable Richard M. Berman. The Notice of Withdrawal is only as to 5 the Jane Doe whose statement appears on Page 76, Line 20 through Page 78, Line 20 of the August 6 27, 2019 Transcript of Proceedings. Gloria Allred and Allred, Maroko & Goldberg continue to 7 represent the other three Jane Does whose Victim Impact Statements appear on Page 75, Line 9 8 through Page 76, Line 17, Page 78, Line 21 through Page 84, Line 2, and on Page 84, Line 4 9 through Page 85, Line 12. 10 11 ALLRED, MAROKO & GOLDBERG GLORIA ALLRED 12 13 By: Gloria Allred 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF WITHDRAWAL OF GLORIA ALLRED AND ALLRED, MAROKO & GOLDBERG OF REPRESENTATION OF THE SECOND OF FOUR JANE DOES WHOSE VICTIM STATEMENTS WERE READ ON AUGUST 27, 2019 September 25, 2019 DOJ-OGR-00000730 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page2 of 30 Appellant Ghislaine Maxwell's Reply in Support of Her Motion for Pretrial Release The Government's Response underscores why this Court should order bail for Ghislaine Maxwell so that she can prepare for trial. The court below erred in accepting the Government's conclusory proffer without any actual evidence. And the conditions of her confinement make it impossible for her to effectively prepare her defense. The Government concedes that Ms. Maxwell is not a danger to the community, and her proposed bail package demonstrates that she is not a risk of flight. Accordingly, she should be released on bail. At the very least, this matter should be remanded to the district court to conduct a real bail hearing to (1) test the actual strength of the Government's case, and (2) determine whether Ms. Maxwell should be granted temporary release so that she can effectively prepare for trial, which she cannot do under the current conditions of confinement. Relying almost entirely on a regurgitation of quotations from the lower court (the first 26 of the 43-paragraph pleading is labeled "Facts"), only ten paragraphs, labeled "Discussion," even attempt to address Ms. Maxwell's arguments. As much as the Government would prefer that Ms. Maxwell not have a fair fight, this Court must level the playing field so 2 DOJ-OGR-00001374 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page2 of 208 i TABLE OF CONTENTS United States District Court Docket Entries.................... A-1 Superseding Indictment, filed March 29, 2021................ A-114 Opinion and Order of the Honorable Alison J. Nathan, dated April 16, 2021 ....................... A-138 Omnibus Memorandum of Ghislaine Maxwell in Support of Her Supplemental Pretrial Motions Relating to S2 Superseding Indictment, dated May 7, 2021 (Omitted herein) ....................... Exhibit B to Maxwell Memorandum - Non-Prosecution Agreement and Addendum, dated October 30, 2007....................... A-172 Opinion and Order of the Honorable Alison J. Nathan, dated August 13, 2021 ....................... A-188 Excerpt from Transcript of Proceedings held the Honorable Alison J. Nathan, dated December 20, 2021 ....................... A-202 Excerpt from Transcript of Proceedings held the Honorable Alison J. Nathan, dated December 27, 2021 ....................... A-207 Letter from Christian R. Everdell to the Honorable Alison J. Nathan, dated December 27, 2021 ....... A-223 Excerpt from Transcript of Proceedings held the Honorable Alison J. Nathan, dated December 28, 2021 ....................... A-230 Excerpt from Order of the Honorable Alison J. Nathan, dated February 4, 2022....................... A-238 DOJ-OGR-00020620 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page179 of 208 A-175 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 3 of 15 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFOR, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 DOJ-OGR-00020797 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page3 of 30 that the presumption of innocence is more than mere words on a page. This Reply responds to the arguments the Government does raise: 1. The Court did not conduct a “lengthy bail hearing.” Resp.¶2. The transcript of the video arraignment and bail hearing spans only 91 pages, with the bail arguments on pages 22-79. The Government did not present any actual evidence at this brief hearing. Br.7-8,19-21. During the bail hearing, each time the Government mentioned the strength of its case, it cited to the Indictment. See, e.g., Ex.D, p.24(“Turning first to the strength of the evidence, the indictment in this case arises … . The indictment further charges that …”); pg. 25 (“The indictment makes plain … it was an ongoing scheme … Given the strength of the government’s evidence … there is an incredibly strong incentive for the defendant to flee …”). The court erred in agreeing that the Indictment itself demonstrates strength. Id. at 82 (“[I]t is appropriate to consider the strength of the evidence proffered by the government in assessing risk of flight. The government’s evidence at this early juncture of the case appears strong. Although the charged conduct took place many years ago, the indictment describes …”). At no point did the Government introduce or even proffer any actual evidence. 3 DOJ-OGR-00001375 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page3 of 208 ii Page Order of the Honorable Alison J. Nathan, dated February 24, 2022 ............................ A-239 The Government's Memorandum in Opposition to the Defendant's Motion for a New Trial, filed February 24, 2022 (Omitted herein) Exhibit A to Government Memorandum - Independent Online Article "Ghislaine Maxwell Juror Breaks Silence to The Independent: 'This Verdict is for All the Victims'", published January 5, 2022 ............................ A-242 Exhibit B to Government Memorandum - DailyMail Online Article "Exclusive: 'Ghislaine was a Predator as Guilty as Epstein': Maxwell Juror Describes Moment he 'locked eyes' with Sex Trafficker and Reveals his Own Abuse Ordeal", published January 5, 2022............................ A-248 Exhibit C to Government Memorandum - Reuters Online Article "Some Ghislaine Maxwell Jurors Initially Doubted Accusers, Juror Says", published January 5, 2022 ............................ A-260 Transcript of Juror 50 Hearing held before the Honorable Alison J. Nathan, dated March 8, 2022 A-264 Exhibit 1 to Hearing Transcript - Questionnaire Form of Juror 50, dated March 8, 2022............................ A-289 Opinion and Order of the Honorable Alison J. Nathan, dated April 1, 2022 ............................ A-318 Opinion and Order of the Honorable Alison J. Nathan, dated April 29, 2022............................ A-358 DOJ-OGR-00020621 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page4 of 30 The Government makes much of the fact that its Indictment is "speaking." But speaking or not, an indictment is not a substitute for evidence and cannot be used as proof that the case is strong. If that were true, then every single case would be strong because in every case there is an indictment. 2. Similarly, the "additional charges" do not "strengthen the evidence against Maxwell" and do not "further support Judge Nathan's detention orders." Resp.¶6, n.2. The new charges are allegations, nothing more. Piling allegation on allegation and then calling it proof does not make it so. Allegations are not evidence. Moreover, these charges will require Ms. Maxwell to spend more time with her lawyers, not less, and further illustrate why bail is necessary.1 3. Contrary to the Government's assertion, "[e]ach witness's testimony" is not "corroborated by that of other victim-witnesses." Resp.¶9. The Government continues to press the false point that the mere number of accusers provides corroboration for the accusers. To the 1The defense has been forced to asked for a continuance of the July trial because of the expansion of the conspiracy time period. Ex.O. If the trial is delayed and Ms. Maxwell is not released on bail, she will be further prejudiced with the inhumane conditions of confinement and the inability to aid her defense. --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 4 of 208 iii Page Excerpt from Transcript of Sentencing, dated June 28, 2022.................... A-403 Notice of Appeal, dated July 7, 2022.................... A-420 DOJ-OGR-00020622 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page181 of 208 A-177 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 5 of 15 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C.§ 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 DOJ-OGR-00020799 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page5 of 30 contrary. Not a single on of the anonymous accusers saw or heard what purportedly happened to the other accusers. Not a single one of the anonymous accusers will be able to corroborate the 25-year old stories of the other accusers. Indeed, their stories are contradictory, not corroborating. At a real hearing, the defense will demonstrate that each of the witness' stories has dramatically changed over the years. At first, none of the anonymous accusers even mentioned Ms. Maxwell. As they hired the same law firm, sought money and fame, joined a movement, and only after Epstein died, did the accusers start to point the finger at Ms. Maxwell. Far from corroboration, this is fabrication. The district judge erred in relying on the Indictment as proof that the Government's case is strong. 4. Because there was no meaningful proffer, the Government's reliance on United States v. LaFontaine, 210 F.3d 125, 131 (2d Cir. 2000) and United States v. Martir, 782 F.2d 1141, 1145 (2d Cir. 1986), is misplaced. Resp. ¶34. In fact, those cases highlight the court's error. In LaFontaine, for example, the bail revocation hearing lasted three days where the government's proffer included providing tape recordings, transcripts, and an affidavit for the court. No such evidentiary proffer 5 DOJ-OGR-00001377 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page5 of 208 A-1 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Query Reports Utilities Help Log Out CLOSED,APPEAL,ECF U.S. District Court Southern District of New York (Foley Square) CRIMINAL DOCKET FOR CASE #: 1:20-cr-00330-AJN-1 Case title: USA v. Maxwell Date Filed: 06/29/2020 Date Terminated: 06/29/2022 Movant Jordana H. Feldman represented by Patrick J. Smith Smith Villazor LLP 250 West 55th Street 30th Floor New York, NY 10019 (212) 582-4400 Fax: (347) 338-2532 Email: patrick.smith@smithvillazor.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Assigned to: Judge Alison J. Nathan Appeals court case numbers: 21-0058 U.S. Court of Appeals, 2nd Circ., 22-1426 U.S. Court of Appeals, 2nd Circ. Defendant (1) Ghislaine Maxwell TERMINATED: 06/29/2022 also known as Sealed Defendant 1 TERMINATED: 06/29/2022 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 1/113 DOJ-OGR-00020623 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page6 of 30 occurred here. The LaFontaine Court explained that "while the informality of bail hearings serves the demands of speed, the ... district judge must also ensure the reliability of the evidence, 'by selectively insisting upon the production of the underlying evidence of evidentiary sources where their accuracy is in question.' Id. at 131 (quoting Martir, 782 F.2d at 1147). And in Martir, this Court recognized the "high stakes" involved in a detention hearing and explained that the power afforded to the lower courts "should always be exercised 'with the recognition that a pretrial detention hearing may restrict for a significant time the liberty of a presumably innocent person.'" 782 F.2d at 1145 (internal citations omitted). It then criticized the government's proffer as stating in "the most general and conclusory terms what it hoped to provide," for failing to submit any "independent evidence, such as tapes, documents, or photographs," and for failing to furnish any testimony or affidavits. Id. at 1147. Sounds familiar. Unlike Martir, where this Court found that it could not reverse because the defense "did not challenge the proffer in any way," Ms. Maxwell absolutely challenged the flimsy proffer from the initial bail hearing through three renewals. Instead of properly putting the Government to the test, the court blindly, uncritically, and 6 DOJ-OGR-00001378 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page6 of 208 A-2 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 LEAD ATTORNEY ATTORNEY TO BE NOTICED Laura A. Menninger Haddon, Morgan and Foreman, P.C. 950 17th Street Ste 1000 Denver, CO 80202 303-831-7364 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 Sterheim Bobbi C. Sterheim, Esq. 225 Broadway Suite 715 New York, NY 10007 212-243-1100 Fax: 888-587-4737 Email: bcsterheim@mac.com ATTORNEY TO BE NOTICED Designation: Retained Pending Counts 18:371.F CONSPIRACY TO ENTICE MINORS TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (1ss) 18:371.F CONSPIRACY TO TRANSPORT MINORS WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (3ss) 18:2423.F COERCION OR ENTICEMENT OF MINOR FEMALE (TRANSPORTATION OF A MINOR WITH INTENT TO ENGAGE IN CRIMINAL Disposition Judgment not entered on 1 & 5 as multipicitous, Dkt. No. 657. IMPRISONMENT: The Defendant is sentenced to a term of 240 Months. Count 3 a sentence of 60 Months. Count 4 a sentence of 120 Months. Count 6 a sentence of 240 Months. All Counts to run concurrently. SUPERVISED RELEASE: 3 Years on Counts 3 and 4. 5 Years on Count 6 to run concurrently. FINE: $750,000.00 IMPRISONMENT: The Defendant is sentenced to a term of 240 Months. Count 3 a sentence of 60 Months. Count 4 a sentence of 120 Months. Count 6 a sentence of 240 Months. All Counts to run concurrently. --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page7 of 30 erroneously adopted its conclusory proffer. 5. Ms. Maxwell's intention to evade the media does not even marginally amount to risk of flight. Resp.¶33. The Government does not dispute that the media placed a bounty on Ms. Maxwell or that she was being stalked by them before her arrest. Of course she took measures to protect herself and her family, just as government lawyers and judges do when their safety is at issue. Ms. Maxwell was at her home in the United States. The Government admits that it knew where she was. It had such confidence that it could arrest her whenever it chose that it orchestrated her arrest to coincide with a press conference replete with incendiary demonstrative aids. And it is worth repeating that the Government does not claim that Ms. Maxwell – a 59-year old woman with no prior criminal history – is a danger to the community. She is no monster, but she is being treated like one because of the “Epstein effect.” 6. The Government's contention that Ms. Maxwell receives more time than other inmates at MDC to “review her discovery” and “communicate with her attorneys” does not prove anything about whether she is actually able to effectively prepare her defense. Ms. Maxwell needs more time with her lawyers and discovery than almost any other MDC 7 DOJ-OGR-00001379 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page7 of 208 A-3 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 SEXUAL ACTIVITY) (4ss) 18:371.F SEX TRAFFICKING CONSPIRACY (5ss) 18:1591.F SEX TRAFFICKING OF CHILDREN OR BY FORCE, FRAUD OR COERCION (6ss) SUPERVISED RELEASE: 3 Years on Counts 3 and 4. 5 Years on Count 6 to run concurrently. FINE: $750,000.00 Judgment not entered on 1 & 5 as multipicitous, Dkt. No. 657. IMPRISONMENT: The Defendant is sentenced to a term of 240 Months. Count 3 a sentence of 60 Months. Count 4 a sentence of 120 Months. Count 6 a sentence of 240 Months. All Counts to run concurrently. SUPERVISED RELEASE: 3 Years on Counts 3 and 4. 5 Years on Count 6 to run concurrently. FINE: $750,000.00 Highest Offense Level (Opening) Felony Terminated Counts Disposition 18:371.F CONSPIRACY TO ENTICE MINORS TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (1) Dismissed 18:371.F CONSPIRACY TO ENTICE MINORS TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (1s) Dismissed 18:2422.F COERCION OR ENTICEMENT OFA MINOT TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (2) Dismissed 18:2422.F COERCION OR ENTICEMENT OF MINOR TO ENGAGE IN ILLEGAL SEX ACTS (2s) Dismissed 18:2422.F COERCION OR ENTICEMENT OF FEMALE (ENTICEMENT OF A MONOR TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS) (2ss) Acquitted by Jury 18:371.F CONSPIRACY TO TRANSPORT MINORS WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (3) Dismissed 18:371.F 18:371.F CONSPIRACY TO TRANSPORT MINORS WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (3s) Dismissed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 3/113 DOJ-OGR-00020625 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page8 of 30 inmate, few of which are preparing for trial. Over 97% of criminal defendants plead guilty and, therefore, need far less time with their lawyers. Of the remaining 3% who do proceed to trial, the vast majority are out on bond. For those few in custody, how many involve anonymous accusations that are decades old and 2.7 million pages?2 And how often is such a defendant forced to prepare her case during a pandemic where in-person lawyer visits are unsafe and impractical? It is no wonder that courts around the country are ordering temporary release under § 3142(i) for the few defendants who are trying to prepare for trial during the pandemic. The Government's weak response is that Ms. Maxwell only mentioned temporary release at the first bail hearing. The Government suggests waiver, without saying it. Nonsense. Ms. Maxwell has repeatedly pressed her inability to effectively prepare her defense, which is properly 2To illustrate, for Ms. Maxwell to review the 2.7 million pages, she would have to do it, page by page, on a computer screen. If she spent only 1 minute per page, it would take 45,000 hours or 3,750 days (at 12 hours a day), without taking any notes, without discussing a single page with her lawyers, and not including the discovery that is on the way. Although the Government labels this new discovery "non-testifying witness discovery," it really is Brady material which severely undermines the already weak case. 8 DOJ-OGR-00001380 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page8 of 208 A-4 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 18:2423.F COERCION OR ENTICEMENT OF MINOR FEMALE (TRANSPORTATION OF A MINOR WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY) (4) Dismissed 18:2423.F TRANSPORTATION OF A MINOR WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (4s) Dismissed 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (PERJURY) (5-6) Dismissed 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (5s-6s) Dismissed 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (PERJURY) (7ss-8ss) Dismissed Highest Offense Level (Terminated) Felony Complaints None Disposition Interested Party Reporters Committee for Freedom of the Press represented by Katielynn Boyd Townsend Reporters Committee For Freedom of The Press 1156 15th Street NW Suite 1020 Washington, DC 20005 202-795-9300 Fax: 202-795-9310 Email: ktownsend@rcfp.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Intervenor Boies Schiller Flexner LLP And the Victims it Represents represented by David Boies, II Boies, Schiller & Flexner LLP (Armonk) 333 Main Street Armonk, NY 10504 (914)-749-8200 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page9 of 30 before this Court. 7. Ms. Maxwell is not suggesting that "any defendant in a case with voluminous discovery must be released on bail to prepare for trial." Resp.¶40. Her case and situation is unique. Other defendants may pose a danger to the community. The Government concedes that she does not. Other defendants may not be U.S. citizens. She is. Other defendants may not have strong U.S. connections. Ms. Maxwell has lived here for 30 years, has a husband and step-children here, and has two sisters who are U.S. citizens and live here. Other defendants may not have pledged almost all of their assets or offer to have a monitor track her expenses. Ms. Maxwell has. Other defendants may not be willing to renounce their foreign citizenship. She is. Other defendants may have prior convictions. She does not. But other defendants have no connection to Jeffrey Epstein, and she does. Although unstated, that old connection is the driving factor for detention, and that is error. 8. The Government says that the district judge has "closely monitored" her conditions of confinement. Unfortunately, that is not accurate. The District Court accepted, without any real inquiry, the self-serving Government letters. These letters describe a "prison 9 DOJ-OGR-00001381 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page9 of 208 A-5 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Fax: (914)-749-8300 Email: dboies@bsfllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Sigrid S. McCawley Boies, Schiller & Flexner LLP 401 East Las Olas Boulevard, Suite 1200 Fort Lauderdale, FL 33301 954-356-0011 Fax: 954-356-0022 Email: smccawley@bsfllp.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained 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 5/113 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 DOJ-OGR-00020627 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page10 of 30 paradise," not one of the most notorious prisons in America. A "day room." Two computers. Recreation. Eye masks. But the Government's description of Ms. Maxwell's conditions is not true. For example, she has no eye mask. The guards flash lights in her cell every 15 minutes for no reason so she tries as best as she can to shield her eyes with a towel that is not secured and not effective against the unwelcome beams. Even the Government does not dispute that Ms. Maxwell is in de facto solitary confinement. It does not dispute that she has no surface to write on in her isolation cell. It does not dispute that there is often cloudy, obviously unsanitary, water in the jail. It does not dispute that she is being forced to prepare for this trial with a computer that cannot do research and cannot search documents. Attached as Exhibit P, is a response to the latest Government letter, which outlines her actual conditions. It is inconceivable that the government lawyers or its witnesses could prepare for trial under these conditions. It is painfully apparent that the two sides are far apart on how Ms. Maxwell is being treated. The Government's letters, however, are based on multiple layers of hearsay - prison guards to the prison lawyer to the prosecutor, which get summarized in an unsworn letter to the court. No 10 DOJ-OGR-00001382 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 10 of 208 A-6 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 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 Coney, 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: 07/06/20) 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 6/113 DOJ-OGR-00020628 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page11 of 30 affidavits at all, let along from anyone with actual knowledge, were submitted to the court. And the judge has never had an evidentiary hearing about the conditions. In its most recent letter, the Government contends that Ms. Maxwell's allegation of abuse by the prison guards is unfounded because the Bureau of Prisons has reviewed a video of the incident and has concluded that there is no abuse. This self-serving proclamation is no substitute for evidence. The prosecutors who filed the letter do not even claim to have watched the video. The Government should produce it for the court and defense to review. The court should conduct a hearing to determine what actually happened. The Government professes to believe women, but only when those women are on their side, despite their inconsistent and self-contradictory statements about old, uncorroborated allegations. When it is Ms. Maxwell who has been abused, the Government wants to believe only the abusers who say they did no such thing and without watching the actual video. It seems like the only rule is to get Ms. Maxwell at all costs. And it seems that a conviction is not even enough for the Government - it wants to go so far as to humiliate Ms. Maxwell with false statements about the cleanliness of her cell. See 11 DOJ-OGR-00001383 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page11 of 208 A-7 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 system 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 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(c)(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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 7/113 DOJ-OGR-00020629 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page12 of 30 Gov'tEx. (April 6, 2021 letter, n.2). But as Ms. Maxwell explained, the Government's narrative is total fiction - the unsanitary conditions are caused by other inmates and guards, not Ms. Maxwell. 9. The Government also makes much of Ms. Maxwell's vaccination. Again this demonstrates a gross double standard. Imagine if the defense had publicly filed medical information about the accusers. There would be hell to pay. The Government insists on secrecy and redactions when discussing their witnesses, and will not even reveal their names. Yet it freely discloses private information in violation of HIPAA about Ms. Maxwell in public filings. In any event, whether Ms. Maxwell is vaccinated or not does not help her search documents on an ancient computer or give her access to a printer or allow her to meet with her lawyers (who would still need to come into the jail and interact with numerous other prisoners and guards who have not been vaccinated). Ms. Maxwell's bail motion is not based on her risk of contracting COVID. Her vaccination status is irrelevant. 12 DOJ-OGR-00001384 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page12 of 208 A-8 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 214-616-0400 and using the same access code and PIN. These phone lines will accommodate approximately 500 callers on a first come, first serve basis. The Court will provide counsel for both sides an additional dial-in https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 8/113 DOJ-OGR-00020630 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page13 of 30 CONCLUSION Ms. Maxwell should be released. The allegations against her are weak, she is not a risk of flight, and her appearance at trial is assured by an unprecedented bail package. In the meantime, she cannot effectively prepare for trial under these truly appalling conditions. The Government's tactic in this appeal, and in the court below, is transparent - it is "trust us." Trust our proffer on the evidence because we indicted her (and this case relates to Jeffrey Epstein). Trust us when we say her conditions are fine because the Bureau of Prisons says they are fine (and we can't have another Jeffrey Epstein situation). The court below clearly erred, however, in just trusting the Government without any actual evidence and without a real hearing, notwithstanding Jeffrey Epstein. As much as the Government would like this case to be the Jeffrey Epstein show, Ghislaine Maxwell is not Jeffrey Epstein. Ms. Maxwell understands that she and the Government are not going to agree on the facts. This is an adversary system, of course. But in that circumstance, there must be an adversarial hearing where Ms. Maxwell can demonstrate that the Government's case - based on old, anonymous accusations - is weak. There must be an adversarial hearing 13 DOJ-OGR-00001385 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page13 of 208 A-9 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 Government's 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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 9/113 DOJ-OGR-00020631 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page14 of 30 where she can demonstrate that her conditions of confinement make preparing for trial impossible. There must be an adversarial hearing where she can challenge any contrary evidence. At the very least, this matter should be remanded to the trial court to conduct such proceedings. Respectfully submitted, MARKUS/MOSS PLLC 40 N.W. Third Street Penthouse One Miami, Florida 33128 Tel: (305) 379-6667 Fax: (305) 379-6668 markuslaw.com By: /s/ David Oscar Markus DAVID OSCAR MARKUS Florida Bar Number 119318 dmarkus@markuslaw.com 14 DOJ-OGR-00001386 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page14 of 208 A-10 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 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) (lnl) (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. (Attachments: # 1 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 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 10/113 DOJ-OGR-00020632 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page15 of 30 CERTIFICATE OF COMPLIANCE I CERTIFY that this petition complies with the type-volume limitation of FED. R. APP. P. 27. According to Microsoft Word, the numbered pages of this petition contains 2600 words, excluding the parts of the brief exempted by Federal Rule of Appellate Procedure 27(d)(2). This petition complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type-style requirements of Fed. R. App. P. 27 because it has been prepared in a proportionally spaced typeface using WordPerfect in Century Schoolbook 14-point font. /s/ David Oscar Markus David Oscar Markus CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing was e-filed this 19th day of April, 2021. /s/ David Oscar Markus David Oscar Markus 15 DOJ-OGR-00001387 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page15 of 208 A-11 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 statement might have occurred decades ago and https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?7211087015221896-L_1_0-1 11/113 DOJ-OGR-00020633 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page16 of 30 EXHIBIT O DOJ-OGR-00001388 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page16 of 208 A-12 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 "reference[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 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 12/113 DOJ-OGR-00020634 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page17 of 208 A-13 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 Governments opposition to Defendant's letter motion is hereby due Friday, August 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. 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 13/113 DOJ-OGR-00020635 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page18 of 208 A-14 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 from USA dated October 6, 2020 re: Request to Delay Disclosure. (Everdell, Christian) (Entered: 10/14/2020) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 14/113 DOJ-OGR-00020636 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page19 of 208 A-15 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 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) | 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 WHEREOF, 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 the 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) (lnl) (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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 15/113 DOJ-OGR-00020637 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page20 of 208 A-16 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 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 November 25, 2020 letter in its entirety. The Court required justification for 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 16/113 DOJ-OGR-00020638 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page21 of 208 A-17 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 119-20. "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 forthincluding, most notably, the privacy interests of the individuals referenced in the lettersfavor 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 to jointly prepare a briefing schedule for the Defendant's forthcoming 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) 12/04/2020 85 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 4, 2020 re: Briefing Schedule (Everdell, Christian) (Entered: 12/04/2020) 12/04/2020 86 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/25/2020 re: Sealing (Everdell, Christian) (Entered: 12/04/2020) 12/04/2020 87 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/30/2020 re: Sealing (Everdell, Christian) (Entered: 12/04/2020) 12/07/2020 88 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sophia Papapetru and John Wallace dated 12/4/20 re: This letter is written in response to your order dated December 2, 2020, concerning Ghislaine Maxwell, Reg. 02879-509., an inmate currently confined at the Metropolitan Detention center in Brooklyn, New York. You expressed various concerns regarding Ms. Maxwells confinement and well-being. (jw) (Entered: 12/07/2020) 12/07/2020 89 ORDER as to Ghislaine Maxwell re: 85 Letter filed by Ghislaine Maxwell. The Court is in receipt of the Defendant's December 4, 2020 letter, Dkt. No. 85, and hereby sets the following schedule: The Defendants submission is due December 8, 2020; the Government's response is due December 16, 2020; The Defendant's reply is due December 18, 2020. After reviewing these submissions, the Court will determine whether a hearing on the renewed bail motion is necessary. The Court grants the Defendants request that the Government shall file its submission under seal with proposed redactions. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 17/113 DOJ-OGR-00020639 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page22 of 208 A-18 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Any objections to proposed redactions are due within 24 hours after any brief has been filed. Finally, the Defendant is granted leave to file a motion not to exceed 40 pages. The Government's response shall also be limited to 40 pages. The Defendant's reply shall not exceed 10 pages ( Defendant submission due by 12/8/2020., Defendant Replies due by 12/18/2020., Government Responses due by 12/16/2020) (Signed by Judge Alison J. Nathan on 12/7/20)(jw) (Entered: 12/07/2020) 12/07/2020 90 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Mark S. Cohen and Christian R. Everdell dated 11/25/20 re: On behalf of my client, Ghislaine Maxwell, we plan to file a Renewed Motion for Release on Bail (the "Motion") and respectfully request an in camera conference, with all counsel present, to address the appropriate procedures for the filing and consideration of the Motion. For the reasons explained below, we intend to request, pursuant to Fed. R. Crim. P. 49.1(d), that the Court permit the filing of portions of the Motion and certain supporting materials under seal and require that any responsive materials be filed under seal.ENDORSEMENT: The Court sees no basis for the sealing of this letter. On or before December 2, 2020, Defendant shall justify why this letter should be sealed (or redacted ). Alternatively, the Defendant may file the letter on the public docket by that date. The Court will take no action on the request pending resolution of the initial sealing question.The Defendant's letter and this memorandum endorsement will be temporarily sealed pending resolution of the sealing request. (Signed by Judge Alison J. Nathan on 11/25/20)(jw) (Entered: 12/07/2020) 12/07/2020 91 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 12/07/2020 re: Response to MDC Report to Court re: conditions (Sternheim, Bobbi) (Entered: 12/07/2020) 12/08/2020 92 ORDER as to Ghislaine Maxwell: On December 4, 2020, the Court received a letter from MDC legal counsel responding to the concerns that the Defendant raised in her November 24, 2020 letter. See Dkt. Nos. 75, 88; see also Dkt. No. 78. The Defendant responded to the MDC legal counsel's letter on December 7, 2020, reiterating her request that the Court summon Warden Heriberto Tellez to personally respond to questions from the Court regarding the Defendant's conditions of confinement. See Dkt. No. 91. Having carefully reviewed the parties' submissions, along with the MDC legal counsel's December 4, 2020 letter, the Court DENIES the Defendant's request to summon the Warden to personally appear and respond to questions. This resolves Dkt. No. 75. Notwithstanding this, as originally provided in Dkt. No. 49, the Government shall continue to submit written status updates detailing any material changes to the conditions of Ms. Maxwell's confinement, with particular emphasis on her access to legal materials, including legal mail and email, and her ability to communicate with defense counsel. The updates shall also include information on the frequency of searches of the Defendant. The Court hereby ORDERS the Government to submit these written updates every 60 days. Furthermore, the Government shall take all 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 18/113 DOJ-OGR-00020640 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page23 of 208 A-19 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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.'" 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. (Signed by Judge Alison J. Nathan on 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 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 of access to the materials; and (iii) balance competing considerations against the --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page24 of 208 A-20 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 to 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) (lnl) (Entered: 12/23/2020) 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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 20/113 DOJ-OGR-00020642 --- PAGE BREAK --- Case 21-770, Document 57, 04/19/2021, 3080288, Page25 of 30 EXHIBIT P DOJ-OGR-00001397 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page25 of 208 A-21 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 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 tothe 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: Extenstion 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. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 21/113 DOJ-OGR-00020643 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page26 of 208 A-22 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 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) 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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 22/113 DOJ-OGR-00020644 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page27 of 208 A-23 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 under 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 Government's and 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) (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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 23/113 DOJ-OGR-00020645 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page28 of 208 A-24 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 02/04/2021 | 139 | MOTION to Suppress Under the Fourth Amendment, Martindell, and the Fifth 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. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 24/113 DOJ-OGR-00020646 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page29 of 208 A-25 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 AUSAs 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 25/113 DOJ-OGR-00020647 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page30 of 208 A-26 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 AUSAs 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 parties are 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) 03/22/2021 | 169 ORDER as to Ghislaine Maxwell: Defendant Ghislaine Maxwell's third motion for release on bail, Dkt. No. 160, is DENIED. The parties are ORDERED to meet and confer and propose and justify any redactions to the Defendant's reply brief by March 24, 2021. If they conclude that redactions are unnecessary, the Defendant is ORDERED to docket the unredacted version of the brief by March 24, 2021. (Signed by Judge Alison J. Nathan on 3/22/2021) (See ORDER set forth) (ap) Modified on 3/23/2021 (ap). (Entered: 03/22/2021) 03/22/2021 | 170 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 March 22, 2021 re: Redactions to Government Opposition to Defense Pretrial Motions Document filed by USA. (Pomerantz, Lara) (Entered: 03/22/2021) 03/23/2021 | 171 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 160 THIRD MOTION for Bond . . (Sternheim, Bobbi) (Entered: 03/23/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 26/113 DOJ-OGR-00020648 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page31 of 208 A-27 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 03/24/2021 172 ORDER as to Ghislaine Maxwell. On March 5, 2021, Defendant Ghislaine Maxwell submitted to the Court an application for an order authorizing a subpoena pursuant to Rule 17(c)(3) of the Federal Rules of Criminal Procedure. The proposed subpoena was directed at a law firm that represents alleged victims of the Defendant. As is standard for Rule 17(c) subpoenas, the application was made ex parte and under seal on the ground that it reveals defense strategy....[*** See this Order ***]... Rule 17(c)(3) provides that " [a]fter [an indictment] is filed, a subpoena requiring the production of personal or confidential information about a victim may be served on a third party only by court order," but "before entering the order and unless there are exceptional circumstances, the court must require giving notice to the victim so that the victim can move to quash or modify the subpoena or otherwise object." Fed. R. Crim. P. 17(c)(3). Consistent with the Rule, on March 12, 2021, in a sealed ex parte Order, the Court required defense counsel to provide notice to alleged victims whose personal or confidential information may be disclosed by the proposed subpoena. The Court also gave the alleged victims an opportunity to object to or request modifications of the subpoena as required by Rule 17(c)(3). On March 19, 2021, the Court received a letter from the law firm indicating that it can provide notice to alleged victims whose personal or confidential information may be elicited by the subpoena. The law firm shall provide notice to any such alleged victims it represents. In that letter, the law firm also interposed substantial objections on behalf of the law firm and the alleged victims it represents. Those objections are functionally the equivalent of a motion to quash, even though the subpoena has not yet issued. So that the Court can receive adversarial briefing on the proposed subpoena comparable to a motion to quash, the law firm shall enter an appearance and file its objections on the public docket. See United States v. Ray, No. 20-CR-110 (LJL), 2020 WL 6939677, at *10 (S.D.N.Y. Nov. 25, 2020) ("[I]f the Court determines that the subpoena calls for personal or confidential information about a victim, it requires the requesting party have given notice to the victim before it permits the service of the subpoena. If the victim objects, the Court will then determine whether to modify or quash the subpoena, including on grounds that Nixon was not satisfied.") In advance of noticing an appearance and filing, the law firm shall meet and confer with defense counsel to see if any issues can be narrowed before formal briefing. Moreover, prior to filing, the law firm shall confer with defense counsel as to any proposed, necessary, and tailored redactions to the objections. The law firm’s objections with any proposed redactions shall be filed on or before March 26, 2021.Any redactions must be justified consistent with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Within one week of the filing of objections, defense counsel may respond to the subpoena objections. The law firm may reply within three days of the Defendant’s response.(See Citation 1 on this Order). Counsel shall confer regarding any proposed redactions for all briefing. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/24/2021)(bw) (Entered: 03/24/2021) 03/24/2021 173 NOTICE OF APPEAL by Ghislaine Maxwell from 169 Order, Terminate Motions. (tp) (Additional attachment(s) added on 4/1/2021: # 1 Appeal Fee) (tp). (Entered: 03/24/2021) 03/24/2021 Appeal Remark as to Ghislaine Maxwell re: 173 Notice of Appeal. $505.00 Appeal Fee Due. (tp) (Entered: 03/24/2021) 03/24/2021 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ghislaine Maxwell to US Court of Appeals re: 173 Notice of Appeal. (tp) (Entered: 03/24/2021) 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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 27/113 DOJ-OGR-00020649 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page32 of 208 A-28 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 03/24/2021 | 176 | SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021) | | 03/24/2021 | 177 | SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021) | | 03/24/2021 | 178 | SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021) | | 03/24/2021 | 179 | SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021) | | 03/26/2021 | 180 | NOTICE of Appearance of David Boies for Boies Schiller Flexner LLP and the Victims it Represents as to Ghislaine Maxwell (Boies, David) (Entered: 03/26/2021) | | 03/26/2021 | 181 | NOTICE of Appearance of Sigrid S. McCawley for Boies Schiller Flexner LLP and the Victims it Represents as to Ghislaine Maxwell (McCawley, Sigrid) (Entered: 03/26/2021) | | 03/26/2021 | 182 | MOTION for Sigrid S. McCawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24312691. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Boies Schiller Flexner LLP as to Ghislaine Maxwell. (Attachments: # 1 Declaration of Sigrid S. McCawley, # 2 Florida Certificate of Good Standing, # 3 District of Columbia Certificate of Good Standing, # 4 Text of Proposed Order)(McCawley, Sigrid) (Entered: 03/26/2021) | | 03/26/2021 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 182 MOTION for Sigrid S. McCawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24312691. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 03/26/2021) | | 03/26/2021 | 183 | LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid S. McCawley dated March 22, 2021 re: Objection to Defendant Ghislaine Maxwell's motion for an order authorizing a Rule 17(c) subpoena. Document filed by Boies Schiller Flexner LLP. (McCawley, Sigrid) (Entered: 03/26/2021) | | 03/26/2021 | 184 | LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid S. McCawley dated March 26, 2021 re: Proposed redactions to March 22, 2021 Letter (ECF No. 183) Document filed by Boies Schiller Flexner LLP. (McCawley, Sigrid) (Entered: 03/26/2021) | | 03/26/2021 | 185 | 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 March 26, 2021 re: Recent decision in United States v. Schulte, 17 Cr. 548 (PAC) Document filed by USA. (Attachments: # 1 Exhibit 1)(Comey, Maurene) (Entered: 03/26/2021) | | 03/26/2021 | 186 | ORDER as to Ghislaine Maxwell: The Court sees no reason to maintain the redactions on Boies Schiller Flexner's March 26, 2021 letter. Dkt. No. 183. Unless the Government indicates an objection to removing those redactions by March 29, 2021, BSF shall file the unredacted version on the docket on March 30, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/26/2021) (lnl) (Entered: 03/26/2021) | | 03/29/2021 | 187 | (S2) SUPERSEDING INDICTMENT FILED as to Ghislaine Maxwell (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss-8ss. (jm) (Entered: 03/29/2021) | | 03/29/2021 | 188 | 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 March 29, 2021 re: S2 Superseding Indictment Document filed by USA. (Comey, Maurene) (Entered: 03/29/2021) | https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 28/113 DOJ-OGR-00020650 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page173 of 208 A-169 Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 32 of 34 D. Rule 404(b) material Maxwell's final discovery request is for early disclosure of evidence the Government seeks to offer under Federal Rule of Evidence 404(b). Under Rule 404(b), if the prosecutor in a criminal case intends to use "evidence of a crime, wrong, or other act" against a defendant, the prosecutor must "provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial" and must "do so in writing before trial—or in any form during trial if the court, for good cause, excuses lack of pretrial notice." The Government represents that it will notify the defense of its intent to use 404(b) evidence at least 45 days in advance of trial to allow Maxwell to file any motions in limine to be considered at the final pretrial conference. The Government's proposal will give Maxwell an opportunity to challenge admission of that evidence and to bring to the Court's attention any issues that require resolution before trial. "This is all that Rule 404(b) requires." United States v. Thompson, No. 13-cr-378 (AJN), 2013 WL 6246489, at *9 (S.D.N.Y. Dec. 3, 2013). The Court concludes this schedule is generally reasonable, although additional time to enable briefing and resolution in advance of trial is strongly encouraged. The Court's denial of Maxwell's requests to compel pretrial disclosures does not preclude the parties from negotiating in good faith for an expedited discovery timeline that will account for Maxwell's specific concerns. "[I]n most criminal cases, pretrial disclosure will redound to the benefit of all parties, counsel, and the court." United States v. Percevault, 490 F.2d 126, 132 (2d Cir. 1974). In general, the Court will require the parties to negotiate a final, omnibus schedule to propose to the Court. The Court concludes that the disclosure of all of the above materials approximately six to eight weeks in advance of trial is appropriate and sufficient. 32 DOJ-OGR-00020791 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 33 of 208 A-29 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 03/29/2021 189 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter responding to its March 18, 2021 order regarding redactions to its omnibus memorandum of law in opposition to the Defendants twelve pretrial motions. Dkt. No. 170. the Court ORDERS that the information contained on pages 129134 of the Governments brief be unredacted. With respect to the proposed redactions to pages 118119 and Exhibit 11, the Court now understands that the parties seek redactions on the basis that the material has been maintained under seal in Giuffre v. Maxwell, Case No 15-cv-7433 (S.D.N.Y.). By April 1, 2021, the parties must meet and confer and either submit to the Court justification for those redactionsbeyond that it has been ordered redacted in the civil matteror, in the alternative, notify the Court that the parties are no longer seeking those redactions. If the parties disagree, they shall indicate their separate views in the joint letter. (Signed by Judge Alison J. Nathan on 3/29/21)(jw) (Entered: 03/29/2021) 03/29/2021 190 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated March 29, 2021 re: Clarification re October 7, 2020 Letter Document filed by USA. (Comey, Maurene) (Entered: 03/29/2021) 03/29/2021 USCA Appeal Fees received $ 505.00, receipt number 465401276762 as to Ghislaine Maxwell on 3/25/2021 re: 173 Notice of Appeal - Final Judgment filed by Ghislaine Maxwell. (tp) (Entered: 04/01/2021) 03/30/2021 191 LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison J. Nathan from Sigrid S. McCawley dated March 22,2021 re: Unredacted Objection to Defendant Ghislaine Maxwell's motion for an order authorizing a Rule 17(c) subpoena. Document filed by Boies Schiller Flexner LLP. (McCawley, Sigrid) (Entered: 03/30/2021) 03/31/2021 192 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 03/31/2021 re: Filing of Second Superseding Indictment (Sternheim, Bobbi) (Entered: 03/31/2021) 04/02/2021 ORDER granting 182 Motion for Sigrid S. McCawley to Appear Pro Hac Vice as to Ghislaine Maxwell (1). (Signed by Judge Alison J. Nathan on 4/2/2021) (kwi) (Entered: 04/02/2021) 04/02/2021 193 ORDER as to Ghislaine Maxwell. An arraignment on the S2 Superseding Indictment and a status conference is hereby tentatively scheduled for April 16, 2021. As requested by the Defendant, the proceeding will take place in person. The Court is making logistical arrangements and will provide more information when it is available. The Government is ORDERED to respond to the issues raised in the Defendants March 31, 2021 letter, Dkt. No. 192, by April 9, 2021(Government Responses due by 4/9/2021) (Signed by Judge Alison J. Nathan on 4/2/21)(jw) (Entered: 04/02/2021) 04/05/2021 194 LETTER MOTION addressed to Judge Alison J. Nathan from Laura A. Menninger dated April 5, 2021 re: Unopposed Request for One-Week Continuance of Arraignment . Document filed by Ghislaine Maxwell. (Menninger, Laura) (Entered: 04/05/2021) 04/05/2021 195 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated April 5, 2021 re: Notice of Rule 17(c) subpoenas . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 04/05/2021) 04/06/2021 196 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated April 6, 2021 re: MDC Conditions Update Document filed by USA. (Comey, Maurene) (Entered: 04/06/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 29/113 DOJ-OGR-00020651 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 34 of 208 A-30 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 04/07/2021 | 197 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/07/2021 re: Response to Government MDC Update (Sternheim, Bobbi) (Entered: 04/07/2021) 04/08/2021 | 198 | ORDER as to Ghislaine Maxwell: The Defendant's request to adjourn the arraignment on the S2 Superseding Indictment is GRANTED. Dkt. No. 194. The arraignment is RESCHEDULED to occur on April 23, 2021 at 2:30 p.m. It will take place at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Courtroom 24B, New York, NY 10007. It is ORDERED that the parties ensure that all participants comply with the Southern District of New York's COVID-19-related orders that govern entry into and behavior within SDNY courthouses. These materials may be found at: https://www.nysd.uscourts.gov/covid-19-coronavirus. Court staff are working on the logistical arrangements related to public access (including a public dial-in number), and as soon as that information is available it will be provided in a public order. SO ORDERED. (Arraignment set for 4/23/2021 at 02:30 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 4/8/2021) (lnl) (Entered: 04/08/2021) 04/09/2021 | 199 | 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 April 9, 2021 re: Response to Defense March 31, 2021 Letter Document filed by USA. (Comey, Maurene) (Entered: 04/09/2021) 04/14/2021 | 200 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/13/2021 re: Proposed Order to Marshal (Sternheim, Bobbi) (Entered: 04/14/2021) 04/14/2021 | 201 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 200 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/13/2021 re: Proposed Order to Marshal. ENDORSEMENT: After conferring with the District Executive and the United States Marshal for the Southern District of New York, the Court denies the request. The U.S. Marshall has a generally applicable policy that prohibits inmates being held in the Courthouse cellblocks from possessing any materials or items. The circumstances do not warrant an exception to that policy. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/14/2021)(bw) (Entered: 04/14/2021) 04/15/2021 | 202 | MOTION to Continue Trial Date. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 04/15/2021) 04/16/2021 | 203 | ORDER as to Ghislaine Maxwell: The Court is in receipt of the parties' joint letter responding to the Court's March 29, 2021 Order. The parties agree that the redactions to pages 118 and 119 are no longer necessary. The Defendant continues to press for the redactions on pages 129134. However, for the reasons stated in the Court's March 29, 2021 Order, the information is already part of the public record in this case and accordingly the proposed redactions are unnecessary and overbroad. Dkt. No. 189; see also United States v. Nejad, No. 18-CR-224 (AJN), 2021 WL 681427, at *11 (S.D.N.Y. Feb. 22, 2021). For the reasons stated in the Court's March 18, 2021 and March 29, 2021 Orders, the Court approves the limited redactions to Exhibit 11 to the Government's brief, except for the language quoted in the Indictment, which is already part of the public record. The Government is therefore ORDERED to docket its omnibus memorandum of law, along with the corresponding exhibits, by 3:00 p.m. today, consistent with the Court's orders regarding redactions. The parties are further ORDERED to docket their April 1, 2021 joint letter; if either side believes that portions of that letter should be redacted, they shall propose redactions by April 19, 2021. (Signed by Judge Alison J. Nathan on 4/16/2021) (ap) (Entered: 04/16/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 30/113 DOJ-OGR-00020652 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page35 of 208 A-31 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 04/16/2021 204 MEMORANDUM in Opposition by USA as to 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., 123 MOTION to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity., 135 MOTION to Dismiss Counts Five and Six of the Superseding Indictment Because the Alleged Misstatements Are Not Perjurious as a Matter of Law., 121 MOTION to Dismiss Either Count One Or Count Three of the Superseding Indictment as Multiplicitous., 125 MOTION to Dismiss the Superseding Indictment as it was Obtained in Violation of the Sixth Amendment., 147 MOTION for Bill of Particulars and Pretrial Disclosures., 119 MOTION for Separate Trial on Counts Ghislaine Maxwell (1) Count 5s-6s,5-6 ., 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., 145 MOTION to Strike Surplusage from Superseding Indictment., 143 MOTION to Dismiss Counts One Through Four of the Superseding Indictment as Time-Barred., 137 MOTION to Dismiss Counts One Through Six of the Superseding Indictment for Pre-Indictment Delay., 141 MOTION to Dismiss the Superseding Indictment for Breach of Non-Prosecution Agreement.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Pomerantz, Lara) (Entered: 04/16/2021) 04/16/2021 205 ORDER as to Ghislaine Maxwell: On March 15, 2021, the Defendant filed under seal her reply briefs to the Government memorandum of law opposing Defendants' twelve pre-trial motions. She filed the briefs, along with the corresponding exhibits, temporarily under seal in order to permit the Government and the Court to review certain proposed redactions. Of the twelve reply briefs, Reply Briefs 2, 4, 7, 8, 9, 11, and 12 did not contain any redaction or sealing requests. Reply Briefs 1, 3, 5, 6, and 10 contain limited proposed redactions. Reply Briefs 3, 6, and 10 also contain exhibits that the Defendant proposes be filed under seal. As set forth in the Defendant's cover letter, the premise of the proposed redactions is that the materials were produced in discovery and subject to the protective order that has been entered in this case. The mere existence of a confidentiality agreement or a protective order covering judicial documents is insufficient to overcome the presumption of access. See Aioi Nissay Dowa Ins. Co. v. Prosight Specialty Mgmt. Co., Inc., 12-cv-3274 (JPO), 2012 WL 3583176, at *6 (S.D.N.Y. Aug. 21, 2012). And the Court did not receive specific requests or justifications to redact or seal any of the materials. The Defendant is ORDERED to docket Reply Briefs 2, 4, 7, 8, 9, 11, and 12 on ECF today, as she did not propose any redactions to these and the Government has not voiced any opposition to these being filed without redactions. If either side is seeking these or any other redactions to the remaining reply briefs, they must file a letter indicating the redactions they request and providing specific justifications for the sealing requests or redactions, in line with the principles set forth in Lugosch. By April 20, 2021, the parties shall confer and submit a letter informing the Court whether any redactions are being sought. If no redactions are being sought, the Defendant is ORDERED to docket the remaining reply briefs on ECF by April 20, 2021. (Signed by Judge Alison J. Nathan on 4/16/2021) (ap) (Entered: 04/16/2021) 04/16/2021 206 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 143 MOTION to Dismiss Counts One Through Four of the Superseding Indictment as Time-Barred. . (Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 207 OPINION & ORDER as to Ghislaine Maxwell. In June 2020, a grand jury returned a six-count indictment charging Ghislaine Maxwell with facilitating the late financier Jeffrey Epstein's sexual abuse of minor victims from around 1994 to 1997. The Government filed a first (S1) superseding indictment shortly thereafter, which contained only small, ministerial corrections. The S1 superseding indictment included two counts of enticement --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page36 of 208 A-32 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 or transportation of minors to engage in illegal sex acts in violation of the Mann Act and two counts of conspiracy to commit those offenses. It also included two counts of perjury in connection with Maxwell's testimony in a civil deposition. Trial is set to begin on July 12, 2021. Maxwell filed twelve pretrial motions seeking to dismiss portions of the S1 superseding indictment, suppress evidence, and compel discovery. After the parties fully briefed those motions, a grand jury returned a second (S2) superseding indictment adding a sex trafficking count and another related conspiracy count. This Opinion resolves all of Maxwell's currently pending pretrial motions other than those seeking to suppress evidence, which the Court will resolve in due course. The motions, and this Opinion, deal exclusively with the S1 superseding indictment and do not resolve any issues related to the newly added sex trafficking charges. For the reasons that follow, the Court denies Maxwell's motions to dismiss the S1 superseding indictment in whole or in part. It grants her motion to sever the perjury charges for a separate trial. It denies her motion to further expedite discovery. The Court provides a brief summary of its conclusions here and its reasoning on the pages that follow:...*** See this Opinion & Order ***]... Conclusion: The Court DENIES Maxwell's motions to dismiss the indictment as barred by Epstein's non-prosecution agreement (Dkt. No. 141), to dismiss the Mann Act counts as barred by the statute of limitations (Dkt. No. 143), to dismiss the indictment for pre-indictment delay (Dkt. No. 137), to dismiss the Mann Act counts for lack of specificity (Dkt. No. 123), to dismiss the perjury counts as legally untenable (Dkt. No. 135), to strike surplusage (Dkt. No. 145), to dismiss count one or count three as multiplicitous (Dkt. No. 121), and to expedite pretrial disclosures (Dkt. No. 147). The Court GRANTS Maxwell's motion to sever the perjury counts for a separate trial (Dkt. No. 119). The Court ORDERS the Government to confirm within one week whether it considers any evidence related to negotiation of the non-prosecution agreement to constitute Brady or Rule 16 material and, if so, to confirm that it has or will disclose such evidence. The Court further ORDERS the parties to negotiate a final schedule for all pretrial disclosures that remain outstanding, including: Brady, Giglio, and Jenks Act materials, including co-conspirator statements; non-testifying witness statements; testifying witness statements; the identity of victims alleged in the indictment; 404(b) material; and the Government's witness list. The Court also requires the parties to negotiate a schedule for any additional or supplemental motions briefing in light of the S2 indictment. The Court ORDERS a joint proposal to be submitted by April 21, 2021. If agreement is not reached, the parties shall submit their respective proposals. The Court further ORDERS Maxwell to show cause by April 21, 2021 why her motion to dismiss the S1 superseding indictment under the Sixth Amendment (Dkt. No. 125) should not be denied as moot. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/16/2021)(bw) (Entered: 04/16/2021) 04/16/2021 208 REPLY MEMORANDUM OF LAW in Support as to 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 L, # 2 Exhibit M, # 3 Exhibit N)(Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 209 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 137 MOTION to Dismiss Counts One Through Six of the Superseding Indictment for Pre-Indictment Delay. . (Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 Set/Reset Deadlines/Hearings as to Ghislaine Maxwell: Brief (Joint proposal by parties) due by 4/21/2021. Show Cause Response (by Defendant) due by 4/21/2021. [*** NOTE: Refer to Opinion & Order, doc.#207. ***] (bw) (Entered: 04/16/2021) 04/16/2021 210 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 121 MOTION to Dismiss Either Count One Or Count Three of the Superseding Indictment as Multiplicitous. . (Everdell, Christian) (Entered: 04/16/2021) --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page37 of 208 A-33 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 04/16/2021 211 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 125 MOTION to Dismiss the Superseding Indictment as it was Obtained in Violation of the Sixth Amendment. (Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 212 REPLY MEMORANDUM OF LAW in Support as to 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. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 213 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 123 MOTION to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity. (Everdell, Christian) (Entered: 04/16/2021) 04/19/2021 214 ORDER as to Ghislaine Maxwell: An arraignment on the S2 Superseding Indictment is scheduled to take place on April 23, 2021 at 2:30 p.m. The proceeding will take place in Courtroom 24B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY. Given significant public interest, a video feed of the proceeding will be available for viewing in the Jury Assembly Room and Courtroom 9C at the Daniel Patrick Moynihan Courthouse. The use of any electronic devices during the proceeding in either the Courtroom or the overflow rooms is strictly prohibited. SO ORDERED. (Arraignment set for 4/23/2021 at 02:30 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 4/19/2021) (Entered: 04/19/2021) 04/19/2021 215 ORDER as to Ghislaine Maxwell: IT IS ORDERED that any redaction requests for documents not already filed on the public docket must be made by April 21, 2021. Alternatively, the parties may file the unredacted versions by that date. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/19/2021) (Entered: 04/19/2021) 04/19/2021 216 ORDER as to Ghislaine Maxwell: In its April 16, 2021 Opinion, the Court denied the Defendant's motions to dismiss the S1 superseding indictment in whole or in part and granted the Defendant's motion to sever the perjury counts for a separate trial. Dkt. No. 207. The Court will try the non-perjury counts first. As the Court noted in its Opinion, it has not yet resolved the Defendant's two motions to suppress evidence. See Dkt. Nos. 133, 139. The Defendant contends in those motions that the Government obtained by subpoena documents covered by a protective order in violation of her rights against unreasonable searches and seizures, against self-incrimination, and to due process of law. The motions seek, at minimum, an evidentiary hearing to determine whether the Government knowingly misrepresented facts to procure an order modifying the protective order. The Court requires information from the Government for scheduling purposes. The Government is ORDERED to inform the Court by letter docketed on ECF no later than April 20, 2021, whether it intends to use any of the documents subject to the pending motions to suppress in the trial of the non-perjury counts in this case. If the Government does not intend to use any of the documents subject to the pending motions to suppress in the trial of the non-perjury counts, the Court will defer consideration of those motions until it has scheduled the trial of the perjury counts. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/19/2021) (Entered: 04/19/2021) 04/19/2021 217 JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Laura A. Menninger dated April 1, 2021 re: Joint Letter Concerning Redactions to Omnibus Response & Exhibit 11 (Menninger, Laura) (Entered: 04/19/2021) 04/19/2021 218 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated April 15, 2021 re: Response to Government's April 5, 2021 Letter re: Ms. Maxwell's Rule 17 Subpoena (Pagliuca, Jeffrey) (Entered: 04/19/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 33/113 DOJ-OGR-00020655 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page38 of 208 A-34 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 04/19/2021 | 219 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 19, 2021 re: request for extension of time to respond to the Court's April 19, 2021 Order. Document filed by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 04/19/2021) | | 04/20/2021 | 220 | MEMO ENDORSEMENT as to Ghislaine Maxwell (1) granting in part and denying in part 219 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 19, 2021 re: request for extension of time to respond to the Court's April 19, 2021 Order. ENDORSEMENT: The Government's request is granted in part and denied in part. It shall respond to Dkt. No. 216 by no later than 5:00 p.m. on April 21, 2021. (Signed by Judge Alison J. Nathan on 4/20/2021) (ap) (Entered: 04/20/2021) | | 04/20/2021 | 221 | ORDER as to Ghislaine Maxwell: the Court hereby ORDERS counsel for the Defendant to file written answers to the following specific questions by 12:00 p.m. on Thursday, April 22, 2021: 1. Does defense counsel continue to seek an adjournment of the July 12th start date for trial on the non-jury counts? 2. If the answer to question 1 is yes, what is the specific request being made as to length of adjournment? In particular, is the request for a 90-day adjournment? An adjournment until January 2022? Or something else? The Court requires a specific request be made and justified or it will not be considered. If Maxwell continues to seek an adjournment, the Government may submit any response by 5:00 pm on April 22, 2021. The Court will consider the submissions and resolve expeditiously. As noted, however, unless and until an adjournment is specifically requested and granted, the parties shall assume that the Court will request a jury selection date as close to July 12th as possible and shall plan accordingly. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/20/2021) (See ORDER as set forth) (lnl) (Entered: 04/20/2021) | | 04/20/2021 | 222 | 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 April 20, 2021 re: Redactions to Defense Reply Briefs and Exhibits Document filed by USA. (Pomerantz, Lara) (Entered: 04/20/2021) | | 04/20/2021 | 223 | REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 141 MOTION to Dismiss the Superseding Indictment for Breach of Non-Prosecution Agreement. (Attachments: # 1 Exhibit A - Sealed)(Everdell, Christian) (Entered: 04/20/2021) | | 04/20/2021 | 224 | REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 119 MOTION for Separate Trial on Counts Ghislaine Maxwell (1) Count 5s-6s,5-6 . . . (Everdell, Christian) (Entered: 04/20/2021) | | 04/21/2021 | 225 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated April 21, 2021 re: Grand Jury Motion (Everdell, Christian) (Entered: 04/21/2021) | | 04/21/2021 | 226 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Defendant's and Boies Schiller Flexner LLP's April 19, 2021 joint letter responding to the Courts April 19, 2021 Order, Dkt. No. 215. The letter proposes limited redactions on the basis that some of the information is covered by the terms of the protective order in this case. In light of this, by April 22, 2021, the Defendant and BSF are hereby ORDERED to confer with the Government regarding whether the Government requests redaction of any information contained in the Defendant's response to BSF's objections to the Defendant's proposed Rule 17(c) subpoena, BSFs reply, and the April 19, 2021 joint letter addressing the redactions to these documents. The Government may submit any redaction requests by April 23, 2021; in doing so, the Government shall justify any proposed redactions by https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 34/113 DOJ-OGR-00020656 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page39 of 208 A-35 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 reference to the test articulated in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Defendant, BSF, and the Government are further ORDERED to notify the Court whether any party seeks redactions to the April 19, 2021 joint letter. If not, the Defendant shall file the letter on the public docket by April 23, 2021 (Signed by Judge Alison J. Nathan on 4/21/21)(jw) (Entered: 04/21/2021) 04/21/2021 | 227 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 21, 2021 re: in response to the Court's April 19, 2021 Order Document filed by USA. (Moe, Alison) (Entered: 04/21/2021) 04/21/2021 | 228 | MEMO ENDORSEMENT as to Ghislaine Maxwell re: 225 Letter Grand Jury Motion... ENDORSEMENT: The motion to dismiss the SI superseding indictment on the grounds that it was returned by a grand jury sitting at the White Plains courthouse (Dkt. No. 125) is DENIED as moot. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/21/21)(jbo) (Entered: 04/21/2021) 04/21/2021 | 229 | 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 April 21, 2021 re: Proposed Pretrial Schedule Document filed by USA. (Comey, Maurene) (Entered: 04/21/2021) 04/21/2021 | 230 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated April 21, 2021 re: Proposed Pretrial Schedule (Everdell, Christian) (Entered: 04/21/2021) 04/21/2021 | 231 | ORDER as to Ghislaine Maxwell: The Court will schedule a trial date for the severed perjury counts after trial of the non-perjury counts is completed. Given that and in light of the representations in the Government's April 21, 2021 letter, see Dkt. No. 227, the Court intends to defer resolution of the pending motions to suppress (including resolution of the request for an evidentiary hearing) until after the trial on the non-perjury counts. If either side objects, counsel shall state the basis for any objection by letter on or before by 5pm on Thursday, April 22, 2021.SO ORDERED. (Signed by Judge Alison J. Nathan on 4/21/2021) (lnl) (Entered: 04/22/2021) 04/22/2021 | 232 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 222 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 April 20, 2021 re: Redactions to Defense Reply Briefs and Exhibits. ENDORSEMENT: The Court grants the Government's proposed redaction and sealing requests. This conclusion 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. The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach. In balancing competing considerations against the presumption of access, however, the Court finds that the specific arguments the Government has put forward in this letter, including the need to protect the privacy interests of third parties and alleged victims, favor the narrowly tailored redactions. See United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). The Government's letter does not discuss Exhibit L of Reply Brief 6. By April 23, 2021, the parties shall either propose redactions to Exhibit L of Reply Brief 6, which was originally filed under seal, or they shall indicate to the Court that they seek no redactions and file it on ECF. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/22/2021) (lnl) (Entered: 04/22/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 35/113 DOJ-OGR-00020657 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page40 of 208 A-36 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 04/22/2021 233 LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid McCawley dated 04-22-2021 re: Request to Bring Electronic Devices Document filed by Boies Schiller Flexner LLP. (Attachments: # 1 Exhibit Electronic Device Form)(McCawley, Sigrid) (Entered: 04/22/2021) 04/22/2021 234 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated April 22, 2021 re: Response to Dkt. No. 227, Governments April 21, 2021 Letter re Ms. Maxwells Motions to Suppress (Pagliuca, Jeffrey) (Entered: 04/22/2021) 04/22/2021 235 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 April 22, 2021 re: Response to Defense Request for Adjournment Document filed by USA. (Comey, Maurene) (Entered: 04/22/2021) 04/22/2021 236 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 April 22, 2021 re: Response to the Court's April 22, 2021 Order Document filed by USA. (Pomerantz, Lara) (Entered: 04/22/2021) 04/22/2021 237 MEMO ENDORSEMENT as to Ghislaine Maxwell on 233 LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid McCawley dated 04-22-2021 re: Request to Bring Electronic Devices Document. ENDORSEMENT: Because remote access is available for tomorrow and because no electronic devices may be used in the courtroom or overflow rooms, Dkt. No. 214, to the extent the request is for tomorrow's arraignment, that request is denied. Counsel may renew their application in advance of future proceedings. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/22/2021) (lnl) (Entered: 04/23/2021) 04/23/2021 238 SEALED DOCUMENT placed in vault. (jus) (Entered: 04/23/2021) 04/23/2021 239 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 23, 2021 re: in response to the Court's April 16, 2021 Order. Document filed by USA. (Moe, Alison) (Entered: 04/23/2021) 04/23/2021 240 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 April 23, 2021 re: Proposed Redactions Document filed by USA. (Comey, Maurene) (Entered: 04/23/2021) 04/23/2021 241 MEMO ENDORSEMENT as to Ghislaine Maxwell on 240 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 April 23, 2021 re: Proposed Redactions. ENDORSEMENT: The Court grants the Government's redaction requests. Its conclusion 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. The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach. But in balancing competing considerations against the presumption of access, the Court finds that the specific arguments the Government has put forward in this letter, including the need to protect the privacy interests of third parties referenced in the documents, favor the narrowly tailored redactions. See United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). The Defendant and Boies Schiller are hereby ORDERED to docket the respective documents with the Government's https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 36/113 DOJ-OGR-00020658 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 41 of 208 A-37 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 proposed redactions by April 23, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/23/2021) (lnl) (Entered: 04/23/2021) 04/23/2021 | 242 | ORDER as to Ghislaine Maxwell: On April 22, 2021, Defendant Ghislaine Maxwell filed her response to the Court's April 21, 2021 Order, Dkt. No. 221, under temporary seal with proposed redactions. The proposed redactions are GRANTED. The Court's conclusion 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 1120. The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach. In balancing competing considerations against the presumption of access, however, the Court finds that the proposed redactions are narrowly tailored to protect the privacy interests of defense lawyers' clients in other matters and to allow defense counsel to comply with their professional obligations under the rules of professional conduct. The Defendant is ORDERED to docket the redacted version of her letter by April 23, 2021. The Defendant is further ORDERED to docket the basis for the redaction request, originally sent by email, on ECF by April 23, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/23/2021) (lnl) (Entered: 04/23/2021) 04/23/2021 | 243 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 234 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated April 22, 2021 re: Response to Dkt. No. 227, Governments April 21, 2021 Letter re Ms. Maxwell's Motions to Suppress. ENDORSEMENT: The Court agrees with the position set forth in this letter that, unless the Government agrees to forgo any use of the documents subject to the motions to suppress at trial on the non-perjury counts, the Court must resolve those motions prior to that trial. The Court will resolve the motions in due course. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/23/2021) (lnl) (Entered: 04/23/2021) 04/23/2021 | 244 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated April 2, 2021 re: Response to Letter Motion to Quash Rule 17 Subpoena to Boies Schiller Flexner LLP (Pagliuca, Jeffrey) (Entered: 04/23/2021) 04/23/2021 | 245 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Laura A. Menninger dated April 19, 2021 re: Redactions to Pleadings Re: Rule 17 Subpoenas (Menninger, Laura) (Entered: 04/23/2021) 04/23/2021 | 246 | LETTER MOTION addressed to Judge Alison J. Nathan from Laura A. Menninger dated April 22, 2021 re: 221 Order,,, re: Request for Adjournment of 120 or 180 Days for Trial on the Non-Perjury Counts . Document filed by Ghislaine Maxwell. (Menninger, Laura) (Entered: 04/23/2021) 04/23/2021 | 247 | LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid S. McCawley dated April 5, 2021 re: Reply in Support of Objections to Rule 17 Subpoena Document filed by Boies Schiller Flexner LLP. (McCawley, Sigrid) (Entered: 04/23/2021) 04/23/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Arraignment as to Ghislaine Maxwell (1) Count 1ss,2ss,3ss,4ss,5ss,6ss,7ss-8ss held on 4/23/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Maurene Comey, Alison Moe, and Lara Pomerantz for the government. Defendant is arraigned on Superseding Indictment 2. Defendant enters a plea of Not Guilty to the S2 indictment. Defendant remains remanded. See Transcript. (Court Reporter Rebecca Forman) (ap) (Entered: 04/27/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 37/113 DOJ-OGR-00020659 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page42 of 208 A-38 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 04/23/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Plea entered by Ghislaine Maxwell (1) Count 1ss,2ss,3ss,4ss,5ss,6ss,7ss-8ss Not Guilty. (ap) (Entered: 04/27/2021) | 04/26/2021 | 248 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim (Entered: 04/26/2021 re: Confiscation of Legal Documents (Sternheim, Bobbi)) | 04/26/2021 | 250 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' proposed schedules for pretrial disclosures and pretrial motions practice. Dkt. Nos. 229, 230. Having considered the parties respective positions, the Court hereby sets the schedule below, which it deems reasonable and fair: the Court hereby sets the following schedule: Government expert witness disclosure are due April 23, 2021 (agreement of the parties); Supplemental Pretrial Motions that pertain only to the new charges raised in the S2 indictment (agreement of the parties): Defense supplemental motions are due May 7, 2021; Governments response is due May 21, 2021; Defense replies are due May 28, 2021; Disclosure of the alleged victims referenced in the S2 Indictment: May 17, 2021 (agreement of the parties); The Court will address a process and schedule for the parties' proposals regarding a jury questionnaire by separate order. Finally, the parties are ORDERED to meet and confer on the Government's proposal that the Defendant submit witness statements pursuant to Federal Rule of Criminal Procedure 26.2 at least four weeks in advance of trial. The parties are further ORDERED to submit a joint letter laying out their respective positions and proposals within one week of this Order (Defense supplemental Motions due by 5/7/2021., Defense Replies due by 5/28/2021., Government's Responses due by 5/21/2021). (Signed by Judge Alison J. Nathan on 4/26/21)(jw) (Entered: 04/27/2021) | 04/27/2021 | 249 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 248 Letter filed by Ghislaine Maxwell to report an incident stemming from an attorney-client conference with Ghislaine Maxwell: Guards on Ms. Maxwell's security detail wrongfully seized and reviewed her confidential legal documents...ENDORSEMENT...MDC legal counsel is hereby ORDERED to show cause by April 28, 2021 why an order directing the MDC to provide the information requested in this letter to the Defendant's counsel ought not issue. MDC legal counsel shall either docket it on ECF or email the letter to the Court so that the Court can docket it on ECF. Chambers will email a copy of this Order directly to legal counsel for the MDC (Signed by Judge Alison J. Nathan on 4/27/21)(jw) (Entered: 04/27/2021) | 04/27/2021 | 251 | SEALED DOCUMENT placed in vault. (jus) (Entered: 04/27/2021) | 04/27/2021 | 252 | ORDER re: 195 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated April 5, 2021 re: Notice of Rule 17(c) subpoenas. The Defendant's motion for an order authorizing the subpoena pursuant to Rule 17(c)(3) is DENIED. The Government is ORDERED to respond to Requests 9 through 11 of the proposed subpoena within one week of this Order. (Signed by Judge Alison J. Nathan on 4/27/21) (jw) (Entered: 04/27/2021) | 04/28/2021 | 253 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/28/2021 re: Reply to MDC letter re: order to show cause re: confiscation of legal documents (Sternheim, Bobbi) (Entered: 04/28/2021) | 04/29/2021 | 254 | LETTER addressed to Judge Alison J. Nathan from Sophia Papapetru dated 4/28/21 re: I am writing in response to your April 26, 2021, Order seeking information regarding an alleged incident involving Ghislaine Maxwell, Register No. 02879-509, at the Metropolitan Detention Center in Brooklyn, New York (MDC Brooklyn) as relayed by https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 38/113 DOJ-OGR-00020660 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page43 of 208 A-39 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 her counsel in an April 26, 2021, letter. We respectfully request Your Honor deny defense counsel's proposed order. Please let us know if the Court requires any additional information, which we will be happy to provide (jw) (Entered: 04/29/2021) 04/29/2021 255 ORDER as to Ghislaine Maxwell. On April 26, 2021, defense counsel advised the Court of an incident that took place on April 24, 2021 in which Defendant Ghislaine Maxwell's legal materials were seized by staff at the Metropolitan Detention Center. Dkt. No. 248. The Court ordered legal counsel for the MDC to show cause why the requested order should not issue. Dkt. No. 249. The MDC filed its response with the Court. Dkt No. 254. In reply, Maxwell made additional requests. Dkt. No. 253. Defense counsels requests are GRANTED in part and DENIED in part. IT IS ORDERED that by April 30, 2021, legal counsel to the MDC must provide the following information: If known, an inventory of the items seized from Ms. Maxwell in the incident that occurred on April 24, 2021 shall be provided by email to defense counsel only; and A representation to this Court, to be filed on ECF, indicating: Whether any of the materials seized from Ms. Maxwell were duplicated in any fashion and what investigation was undertaken in order to determine this information; Whether Ms. Maxwell is permitted to bring confidential legal materials to in-person meetings with defense counsel without those materials being seized; What steps have been or will be taken to ensure the confidentiality of Ms. Maxwell's lawyer-client communications (Signed by Judge Alison J. Nathan on 4/29/21)(jw) (Entered: 04/29/2021) 04/29/2021 256 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/29/2021 re: Sleep Deprivation in MDC (Sternheim, Bobbi) (Entered: 04/29/2021) 04/29/2021 257 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 256 During oral argument of Ghislaine Maxwells bail appeal before the Circuit, Ms. Maxwell's appellate counsel expressed concern that she was improperly deprived of sleep while detained in the MDC, an issue that has been raised in filings before this Court. we ask the Court to address Ms. Maxwell's sleeping conditions by directing the MDC to cease 15-minute light surveillance of Ms. Maxwell or justify the need for the disruptive flashlight surveillance..ENDORSEMENT...By May 5, 2021, the Government is ORDERED to confer with MDC legal counsel and provide the Court responses to the following questions: Is Ms. Maxwell being subjected to flashlight surveillance every 15 minutes at night? Or any other atypical flashlight surveillance? If so, what is the basis for doing so? 3. And if so, can she be provided with appropriate eye covering? The Government is further ORDERED to share its response with defense counsel before filing it on ECF so that defense counsel can indicate whether they believe any private medical information needs to be redacted before public filing (Signed by Judge Alison J. Nathan on 4/29/21) (jw) (Entered: 04/29/2021) 04/29/2021 258 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/29/2021 re: Reply to MDC letter re: confiscation of legal documents (Sternheim, Bobbi) (Entered: 04/29/2021) 04/30/2021 259 LETTER addressed to Judge Alison J. Nathan from Sophia Papapetru dated 4/29/21 re: information regarding an alleged incident involving Ghislaine Maxwell, Register No. 02879-509, at the Metropolitan Detention Center in Brooklyn, New York (MDC Brooklyn) on April 24, 2021 (jw) (Entered: 04/30/2021) 04/30/2021 260 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated April 30, 2021 re: Hard Drives (Everdell, Christian) (Entered: 04/30/2021) 05/03/2021 261 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 4/23/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 39/113 DOJ-OGR-00020661 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page44 of 208 A-40 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 5/24/2021. Redacted Transcript Deadline set for 6/3/2021. Release of Transcript Restriction set for 8/2/2021. (McGuirk, Kelly) (Entered: 05/03/2021) 05/03/2021 262 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 4/23/21 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: 05/03/2021) 05/03/2021 263 MEMO ENDORSEMENT as to Ghislaine Maxwell re: 260 Letter on Hard Drives... ENDORSEMENT: Counsel for the MDC may submit any objection to the Defendant's request by May 4, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/3/21) (jbo) (Entered: 05/03/2021) 05/03/2021 264 ORDER as to Ghislaine Maxwell. On April 21, 2021, the Court's Chambers received a letter from counsel for a non-party requesting assurances as to privacy protections for his client in any filings or proceedings in this case. The letter requests anonymity on behalf of the client as an alleged victim of a sexual crime. After receiving the letter, the Court forwarded it to the parties and required the Government to respond to counsel, which it has done. The Court will take no further action based on the April 21, 2021 letter but will file it under seal to protect the privacy interests of the non-party asserting that interest. The Government is requested to forward this order to counsel for the non-party. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/3/21)(jbo) (Entered: 05/03/2021) 05/03/2021 265 ORDER as to Ghislaine Maxwell: The Court has received an exchange of letters that pertain to an incident that took place on April 24, 2021. Dkt. Nos. 248, 253, 254, 258, 259. Legal counsel for MDC, where Ms. Maxwell is detained pretrial, alleges that her lawyers violated Bureau of Prisons rules by providing Ms. Maxwell materials at an in-person attorney-client visit. Dkt. Nos. 254, 259. Ms. Maxwells lawyers categorically deny the allegations and threaten separate legal action against MDC staff based on the incident and the accusation. Dkt. Nos. 253, 258. The Court intimates no views as to whether some other action or process is appropriate or proper in light of either sides allegations. This Courts obligation in this case, and any other, is to ensure that the defendant is given an opportunity to meet with her lawyers, engage in confidential attorney-client communications, and prepare for trial. Mindful of that obligation, the Court declines to take further action at this time. After receiving the defenses first letter motion, the Court ordered MDC legal counsel to show cause why the Court should not grant the requested relief. Dkt. No. 249. The Court then granted in part defense counsels original request and ordered MDC legal counsel to respond to certain questions about the April 24, 2021 incident and the procedures in place to ensure the confidentiality of Ms. Maxwells lawyer-client communications. Dkt. No. 255. Defense counsels current application is that this Court order MDC to turn over copies of video tapes of the in-person attorney-client visit. Dkt. No. 258. Those video tapes must be preserved in light of defense counsels preservation letter. Dkt. No. 248, Ex. C. If Ms. Maxwell or defense counsel are entitled to view or receive copies of those materials as a matter of law, they should be provided. To the extent defense counsel is seeking entitlement to those materials from this Court, that application is denied. The Court has ensured and will continue to ensure that Ms. Maxwell has the opportunity to meet meaningfully and confidentially with her lawyers in light of all relevant circumstances and consistent with the treatment of all other detained inmates in BOP custody. The isolated incident that took place on April 24, 2021, and the serious allegations leveled by MDC legal counsel and defense counsel in no way --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page45 of 208 A-41 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 undermine the Courts conclusion that Ms. Maxwell and her lawyers are fully able to prepare for trial. The Court is confident that all parties recognize the importance of this going forward and in advance of the upcoming trial. In furtherance of this, counsel for the Government are ORDERED to confer with legal counsel for MDC to ensure that Ms. Maxwell continues to have access to confidential attorney-client communications as she prepares for trial. If any additional incidents arise, defense counsel shall promptly confer with counsel for the Government regarding those incidents and seek to resolve any such issues swiftly, responsibly, reasonably, and amicably. If that fails, the parties may write to the Court jointly indicating their views, identifying and justifying any specific application being made. (Signed by Judge Alison J. Nathan on 5/3/2021) (ap) (Entered: 05/03/2021) 05/03/2021 266 ORDER as to Ghislaine Maxwell: The Court concludes that the interests of justice justify granting a short continuance. The Court deems an adjournment until fall 2021 to be reasonable. Such an adjournment would plainly give the defense team sufficient time to prepare for trial in light of the additional charges contained in the S2 indictment while also ensuring that the trial proceeds without undue delay. No additional delay is necessary or in the interests of justice. The parties are hereby ORDERED to meet and confer and by May 10, 2021, they shall jointly propose a trial start date for the Court to request of the Clerk's Office (as is required by COVID protocols). The Court urges counsel to agree to the earliest possible date this fall and to seek adjustments to other schedules in order to facilitate an early fall trial start date. The parties shall also discuss and propose any adjustments necessary to the pre-trial schedule in place. Dkt. No. 250. The Government may move in the letter for any requested exclusion of time under the Speedy Trial Act. (Signed by Judge Alison J. Nathan on 5/3/2021) (See ORDER set forth) (ap) (Entered: 05/03/2021) 05/03/2021 267 JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated May 3, 2021 re: defense witness disclosures, Dkt. No. 250 (Pagliuca, Jeffrey) (Entered: 05/03/2021) 05/04/2021 268 ORDER as to Ghislaine Maxwell: On April 30, 2021, defense counsel requested that the Court issue an order directing the MDC to accept two hard drives from defense counsel that contain the non-Highly Confidential discovery in this case for Ms. Maxwell's use. Dkt. No. 260. On May 4, 2021, the Court received the attached email from MDC legal counsel indicating that MDC does not oppose the defense's request and that MDC staff will coordinate with defense counsel so that Ms. Maxwell can receive the hard drives. In light of this, defense counsel's April 30, 2021 request appears moot. Defense counsel shall raise any further issues regarding their request within two weeks of this order. (Signed by Judge Alison J. Nathan on 5/4/2021) (ap) (Entered: 05/04/2021) 05/04/2021 269 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 May 4, 2021 re: Subpoena Requests 9 Through 11 Document filed by USA. (Rohrbach, Andrew) (Entered: 05/04/2021) 05/05/2021 270 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated May 5, 2021 re: Use of Flightlights at MDC Document filed by USA. (Pomerantz, Lara) (Entered: 05/05/2021) 05/06/2021 ***DELETED DOCUMENT. Deleted document number 271 LETTER, as to Ghislaine Maxwell. The document was incorrectly filed in this case, as per Supervisor. (ap) (Entered: 05/06/2021) 05/06/2021 271 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 May https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 41/113 DOJ-OGR-0002663 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page46 of 208 A-42 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 6, 2021 re: Subpoena Request 11 Document filed by USA. (Rohrbach, Andrew) (Entered: 05/06/2021) 05/07/2021 272 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 5/7/2021 re: MDC flashlight security checks (Sternheim, Bobbi) (Entered: 05/07/2021) 05/07/2021 273 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated May 7, 2021 re: Cover Letter for Omnibus Memorandum in Support of the Defendant's Supplemental Pretrial Motions Relating to the S2 Superseding Indictment (Everdell, Christian) (Entered: 05/07/2021) 05/10/2021 274 MEMO ENDORSEMENT as to Ghislaine Maxwell on 273 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated May 7, 2021 re: Cover Letter for Omnibus Memorandum in Support of the Defendant's Supplemental Pretrial Motions Relating to the S2 Superseding Indictment. ENDORSEMENT: The Government is hereby ORDERED to propose and justify any redactions by May 12, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/10/2021) (lnl) (Entered: 05/10/2021) 05/10/2021 275 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 May 10, 2021 re: Proposed Trial Date Document filed by USA. (Pomerantz, Lara) (Entered: 05/10/2021) 05/11/2021 276 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 05/10/2021 re: Request for November 8th trial start date (Sternheim, Bobbi) (Entered: 05/11/2021) 05/11/2021 277 ORDER as to Ghislaine Maxwell: The Court has considered the parties' proposals regarding the commencement of trial. Dkt. Nos. 275, 276. For the reasons stated in the Government's letter, the Court will request November 29, 2021 from the Clerk's Office as the trial start datethat is the date (pending approval from the Clerk's Office consistent with the SDNY COVID protocols) that opening statements will be made to the jury. However, the Court will also request from the Clerk's Office that jury selection occur during the week of November 15. Counsel shall plan accordingly. The Court grants the Government's motion to exclude time until November 29, 2021. The Court finds that the ends of justice served by granting an exclusion from speedy trial computations for the period from today's date through November 29, 2021, outweigh the interests of the public and the Defendant in a speedy trial, because this time is necessary to permit the defense to continue to review discovery and other materials in light of the superseding indictment; to permit the parties to prepare and file motions in limine; to permit the parties to make and review additional pretrial disclosures; and to allow adequate time for the parties to prepare for trial. Time is therefore excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), until November 29, 2021. In order to ensure that there is no delay in the commencement of trial, the Court will adjust the current pre-trial schedule. So that the Court can resolve motions in limine in advance of the November 29th trial commencement date, any such motions shall be fully briefed no later than four weeks in advance of the anticipated trial commencement date of November 29. The parties shall meet and confer to propose adjustments to other pre-trial disclosures accordingly. The parties are hereby ORDERED to meet and confer for at least 30 minutes by phone regarding the overall pretrial disclosure schedule and submit a joint letter by May 14, 2021. The Court will accept only a joint letter with a joint proposal or with each sides views briefly stated. The letter must attest to the meet and confer. Any separately filed letters will be struck. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/11/2021) (lnl) (Entered: 05/11/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?210870152221896-L_1_0-1 42/113 DOJ-OGR-00020664 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page47 of 208 A-43 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 05/12/2021 | 278 | 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 May 12, 2021 re: Proposed Redactions to Defendant's Supplemental Pre-Trial Motions Document filed by USA. (Pomerantz, Lara) (Entered: 05/12/2021) | 05/13/2021 | 279 | ORDER as to Ghislaine Maxwell: On May 12, 2021, the Defendant submitted a response to the Government's May 4 and May 6 letters. See Dkt. Nos. 269, 271. She submitted it under temporary seal, though she noted that she is willing to file the response and its corresponding exhibits on the public docket. The Government is hereby ORDERED to notify the Court by May 14, 2021 whether it requests that any part of the Defendants submission be redacted or filed under seal; any such request must be justified by reference to the test articulated in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). SO ORDERED. (Signed by Judge Alison J. Nathan on 5/13/2021) (lnl) (Entered: 05/13/2021) | 05/14/2021 | 280 | JOINT LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated May 14, 2021 re: 277 Order to Continue - Interest of Justice, Terminate Motions, Set Deadlines/Hearings,,,,,,,,,,,,,, re: Extension of time . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 05/14/2021) | 05/14/2021 | 281 | MEMO ENDORSEMENT as to Ghislaine Maxwell (1) on 280 JOINT LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated May 14, 2021. ENDORSEMENT: The request for an extension of time until May 21, 2021 to respond to the Court's May 11, 2021 Order is GRANTED. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/14/2021 ) (lnl) (Entered: 05/14/2021) | 05/14/2021 | 282 | ORDER as to Ghislaine Maxwell: On April 29, 2021, counsel for Ghislaine Maxwell wrote to the Court requesting that the Court address her sleeping conditions, with particular emphasis on counsel's representation, unsupported by affidavit or other factual showing, that guards are shining a flashlight in Maxwell's eyes every 15 minutes at night. Dkt. No. 256. Defense counsel claims that the flashlight surveillance in Maxwell's eyes is disrupting her sleep, which in turn is impacting her ability to prepare for and withstand trial. The Court sought more information by ordering the Government to confer with legal counsel for the Bureau of Prisons and to respond to certain questions. Dkt. No. 257. In response, the Government states that MDC staff conduct flashlight checks of all inmates as a matter of course. Dkt. No. 270. As reported by the Government, inmates housed with cell mates in the Special Housing Unit are checked with flashlights every 30 minutes. Inmates housed with others in the general population are checked multiple times per night at regular intervals. The Government further reports that to conduct the checks, flashlights are pointed at the ceiling of the cell to confirm that the inmate is present, breathing, and not in distress. As the Government explains, there are a number of neutral reasons why BOP's flashlight checks of Maxwell are relatively more frequent than those of other inmates, including that Maxwell is housed alone, the nature of the charges, and the potential stress for inmates that can arise in high-profile cases. The MDC has determined that these factors necessitate more frequent safety and security checks. The Government also indicates that the prohibition on eye masks is a generally applicable policy, but that Maxwell, like other inmates, may use other noncontraband items to cover her eyes. To the extent that Maxwell's April 29, 2021 letter asks the Court to override BOP's determination as to the frequency of appropriate safety and security check procedures, that request is denied as factually unsubstantiated and legally unsupported. Certainly nothing in the record plausibly establishes that current protocols interfere with Maxwell's ability to prepare for her trial and communicate with her lawyers. Defense counsel's May 7, 2021 letter, Dkt. No. 272, describes generalized grievances but makes https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 43/113 DOJ-OGR-00020665 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page48 of 208 A-44 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 no additional specific and supported application for relief. Nevertheless, the Court urges the MDC to consider whether sleep disruption for pretrial detainees can be reduced. The Court also admonishes the MDC and the Government to continue to ensure that Maxwell is subjected to only those security protocols that BOP determines are necessary for her safety and security, based upon neutral and applicable factors, and consistent with the treatment of similarly situated pre-trial detainees. The Government shall provide a copy of this Order to the Warden and General Counsel for the MDC. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/14/2021) (lnl) (Entered: 05/14/2021) 05/14/2021 283 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 May 14, 2021 re: Proposed Redactions to Defendant's Letter BSF Subpoena Document filed by USA. (Rohrbach, Andrew) (Entered: 05/14/2021) 05/17/2021 284 MEMO ENDORSEMENT as to Ghislaine Maxwell re: 278 Letter Proposed Redactions to Defendant's Supplemental Pre-Trial Motions... ENDORSEMENT: The Court grants in part the Government's redaction and sealing requests. Its conclusion 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). The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach. Id. at 11920. In balancing competing considerations against the presumption of access, the Court finds that the arguments the Government has put forward in this letter, including the need to protect the privacy interests of third parties and alleged victims, favor the narrowly tailored redactions. See United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). Similarly, the Court concludes that the Government has shown that Exhibits E, F, G, H, and I should be filed under seal. With respect to Exhibit C, however, the Court concludes that narrowly tailored redactions are sufficient to advance the privacy interests the Government has identified. Accordingly, the Government is ORDERED to confer with defense counsel and submit proposed redactions to Exhibit C by May 20, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/17/21)(jbo) (Entered: 05/17/2021) 05/20/2021 285 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 139 MOTION to Suppress Under the Fourth Amendment, Martindell, and the Fifth Amendment All Evidence Obtained from the Government's Subpoena to REDACTED and to Dismiss Counts Five And Six. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N, # 6 Exhibit O, # 7 Exhibit P, # 8 Exhibit Q)(Everdell, Christian) (Entered: 05/20/2021) 05/20/2021 286 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 145 MOTION to Strike Surplusage from Superseding Indictment. (Everdell, Christian) (Entered: 05/20/2021) 05/20/2021 287 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 147 MOTION for Bill of Particulars and Pretrial Disclosures. (Attachments: # 1 Exhibit A (Filed under seal))(Everdell, Christian) (Entered: 05/20/2021) 05/20/2021 288 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 May 20, 2021 re: Proposed Redactions to Exhibit C to Defendant's Supplemental Pre-Trial Motions Document filed by USA. (Pomerantz, Lara) (Entered: 05/20/2021) 05/21/2021 289 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated May 21, 2021 re: Reply to Government Letter dated May 14 Regarding Proposed Redactions to Ms. Maxwells May 12, 2021 Letter (DE 283) (Pagliuca, Jeffrey) (Entered: 05/21/2021) --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page49 of 208 A-45 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 05/21/2021 290 MEMO ENDORSEMENT as to Ghislaine Maxwell re: 288 The Government respectfully submits this letter in response to the Courts Order dated May 17, 2021, which directed the Government to confer with defense counsel and submit proposed redactions to Exhibit C to the defendant's memorandum in support of her supplemental pretrial motions. (Dkt. No. 284). The Government seeks redactions that are narrowly tailored to protect the privacy interests of victims and third parties referenced in the document...ENDORSEMENT...The Government's proposed redactions are permitted for the reasons provided. By May 25, 2021, the Defendant is ORDERED to file her supplemental pretrial motions and supporting papers on the docket in accordance with Dkt. No. 284 and this order (Supplemental Pretrial Motions due by 5/25/2021). (Signed by Judge Alison J. Nathan on 5/21/21)(jw) (Entered: 05/21/2021) 05/21/2021 291 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from All Counsel dated May 21, 2021 re: Joint Letter re Scheduling Document filed by USA. (Comey, Maurene) (Entered: 05/21/2021) 05/25/2021 292 MOTION to Dismiss and to Obtain the Relief Specified in her Supplemental Pre-Trial Motions Relating to the S2 Superseding Indictment. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 05/25/2021) 05/25/2021 293 MEMORANDUM in Support by Ghislaine Maxwell re 292 MOTION to Dismiss and to Obtain the Relief Specified in her Supplemental Pre-Trial Motions Relating to the S2 Superseding Indictment.. (OMNIBUS MEMORANDUM OF GHISLAINE MAXWELL IN SUPPORT OF HER SUPPLEMENTAL PRETRIAL MOTIONS RELATING TO THE S2 SUPERSIDING INDICTMENT) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Redacted), # 4 Exhibit D, # 5 Exhibit E (Filed Under Seal), # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G (Filed Under Seal), # 8 Exhibit H (Filed Under Seal), # 9 Exhibit I (Filed Under Seal))(Everdell, Christian) (Entered: 05/25/2021) 05/25/2021 294 AFFIDAVIT of Christian Everdell in Support as to Ghislaine Maxwell re 292 MOTION to Dismiss and to Obtain the Relief Specified in her Supplemental Pre-Trial Motions Relating to the S2 Superseding Indictment.. (AFFIDAVIT OF CERTIFICATION PURSUANT TO LOCAL CRIMINAL RULE 16.1) (Everdell, Christian) (Entered: 05/25/2021) 05/25/2021 295 MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 292 MOTION to Dismiss and to Obtain the Relief Specified in her Supplemental Pre-Trial Motions Relating to the S2 Superseding Indictment.. (Rohrbach, Andrew) (Entered: 05/25/2021) 05/28/2021 296 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated May 28, 2021 re: Cover Letter for Omnibus Reply Memorandum in Support of the Defendant's Supplemental Pretrial Motions Relating to the S2 Superseding Indictment. (Everdell, Christian) (Entered: 05/28/2021) 06/02/2021 297 ORDER as to Ghislaine Maxwell: Having considered the parties' respective proposals, Dkt. No. 291, the Court hereby sets the following disclosure schedule: September 13, 2021: Disclosure of alleged victims' identities (Government's proposal) October 11, 2021: Government's disclosure of Jencks Act and Giglio material, Rule 404(b) evidence and notice, co-conspirator statements, and Government witness list (Government's proposal) October 11, 2021: Government's disclosure of its proposed exhibit list (Defendant's proposal) October 18, 2021: Simultaneous filing of motions in limine (agreement of the parties) October 25, 2021: Simultaneous filing of proposed jury questionnaire and voir dire (agreement of the parties) November 1, 2021: Defense expert disclosures (Defendant's proposal) November 1, 2021: Responses to motions in limine (agreement of the parties) November 8, 2021: Simultaneous filing of requests to charge and verdict sheet (agreement of the parties) - November 8, 2021: Defense disclosures pursuant to --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page50 of 208 A-46 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Rules 16(b)(1)(A) and 16(b)(1)(B) materials (The Government proposed November 1, 2021; the Defendant proposed the close of the Government's case-in-chief) Close of the Government's case-in-chief: Defense witness list and 26.2 statements (Defendant's proposal) These dates establish a baseline for when the parties must disclose certain materials. Each of the parties has a continuing obligation to update all disclosures if they become aware of additional responsive materials. In addition, as requested by the parties, the parties may bring issues to the Court's attention that arise after the deadline for motions in limine if the issues could not have been raised within the deadline set for in limine motions. (Motions due by 10/18/2021. Responses due by 11/1/2021) (Signed by Judge Alison J. Nathan on 6/2/2021) (ap) (Entered: 06/02/2021) 06/04/2021 298 ORDER as to Ghislaine Maxwell: The Defendant's motion for an order authorizing the subpoena pursuant to Rule 17(c)(3) is DENIED. (Signed by Judge Alison J. Nathan on 6/4/2021) (See ORDER set forth) (ap) (Entered: 06/04/2021) 06/07/2021 299 MANDATE of USCA (Certified Copy) as to Ghislaine Maxwell re: 173 Notice of Appeal, 113 Notice of Appeal. USCA Case Number 21-58; 21-770. Defendant-Appellant Ghislaine Maxwell appeals from orders of the District Court entered December 28, 2020 and March 22, 2021, which denied her renewed requests for bail pending trial. See Dkts. 1, 20. Upon due consideration, it is hereby ORDERED that the District Courts orders are AFFIRMED and that Appellants motion for bail, or in the alternative, temporary pretrial release pursuant to 18 U.S.C. § 3142(i), Dkt. 39, is DENIED. During oral argument, counsel for Appellant expressed concern that Appellant was improperly being deprived of sleep while incarcerated. To the extent Appellant seeks relief specific to her sleeping conditions, such request should be addressed to the District Court... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/7/2021. (nd) (Entered: 06/08/2021) 06/08/2021 Transmission of USCA Mandate to the District Judge re: 299 USCA Mandate. (nd) (Entered: 06/08/2021) 06/15/2021 300 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 6/15/2021 re: Response to MDC Conditions Update (Sternheim, Bobbi) (Entered: 06/15/2021) 06/15/2021 301 ORDER as to Ghislaine Maxwell: On June 7, 2021, the Government submitted an update on the Defendants conditions of confinement. It submitted it under temporary seal to permit the Defendant to propose redactions. On June 15, 2021, the Defendant proposed narrowly tailored redactions, which the Court adopts 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). The Government is ORDERED to publicly docket the redacted version of its June 7, 2021 letter by June 17, 2021. (Signed by Judge Alison J. Nathan on 6/16/2021) (ap) (Entered: 06/16/2021) 06/16/2021 302 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 June 7, 2021 re: MDC Conditions Update Document filed by USA. (Pomerantz, Lara) (Entered: 06/16/2021) 06/25/2021 303 ORDER as to Ghislaine Maxwell. Maxwell's motions to suppress evidence (Dkt. Nos. 133, 139) are DENIED. The Court sets out its reasoning in an opinion concurrently filed under temporary seal to allow Maxwell and the Government the opportunity to propose redactions. The parties may file under seal any proposed redactions to the opinion within three days. The Court further ORDERS that the April 9, 2019 memorandum decision and order on the Government's application to modify the protective order in Giuffre v. Maxwell, No. 15-cv-7433, as well as the transcripts of the March 26, 2019 and April 9, 2019 ex parte hearings on that application shall be unsealed. These documents were https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 46/113 DOJ-OGR-00020668 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page51 of 208 A-47 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 previously filed under seal as Exhibits D, E, F, and G to the memorandum of law in support of Maxwell's first motion to suppress (Dkt. No. 134). Within one week, the parties shall confer and file under seal any proposed redactions to the memorandum decision, order, and transcripts. Any proposed redactions shall be narrowly tailored and shall be supported with reference to the Second Circuit's opinion in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The parties proposed redactions should not include any information that has already been made public. SO ORDERED (Signed by Judge Alison J. Nathan on 6/25/21)(jbo) (Entered: 06/25/2021) 06/25/2021 304 ORDER as to Ghislaine Maxwell. The Court grants the Defendant's request that going forward the Government shall only file updates if there are any material changes to Ms. Maxwell's conditions of confinement. See Dkt. No. 300 at 1. In the absence of any other specific or supported application for relief from the Defendant, the Court will take no further action at this time. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/25/2021)(bw) (Entered: 06/25/2021) 06/25/2021 307 OPINION & ORDER as to Ghislaine Maxwell. Maxwell moves to suppress evidence obtained through a grand jury subpoena to a law firm involved in earlier civil litigation against her. She contends that because the documents sought by the subpoena were previously subject to a protective order, the Government obtained them in violation of her rights against compelled self-incrimination, against unreasonable searches and seizures, and to due process of law. For the foregoing reasons, the Court finds that the Government did not violate Maxwell's constitutional rights when it obtained evidence covered by a protective order in her earlier civil case. It further finds that Maxwell is not entitled to suppression of any evidence or to an evidentiary hearing. The Court thus DENIES Maxwell's motions to suppress (Dkt. Nos. 133, 139) (Signed by Judge Alison J. Nathan on 6/25/21)(jw) (Entered: 07/01/2021) 06/30/2021 305 ORDER as to Ghislaine Maxwell: Pursuant to the Court's order of June 25, 2021 (Dkt. No. 303), any proposed redactions to the Court's opinion on Maxwell's motions to suppress evidence must be filed no later than today, June 30, 2021. Any proposed redactions to the other documents ordered unsealed in that order must be filed no later than July 2, 2021. The parties shall file a joint letter by each of these dates informing the Court if no redactions are sought. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/30/2021) (lnl) (Entered: 06/30/2021) 06/30/2021 306 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 June 30, 2021 re: Joint Letter re June 25, 2021 Opinion and Order and Defense Exhibits Document filed by USA. (Pomerantz, Lara) (Entered: 06/30/2021) 07/01/2021 308 ORDER as to Ghislaine Maxwell. No party has proposed redactions to the Court's opinion on Maxwell's motions to suppress or the documents ordered unsealed in the Courts June 25, 2021 Order (Dkt. No. 303). Thus, the Court lifts the temporary seal on its June 25, 2021 opinion on Maxwells motions to suppress. It also unseals the April 9, 2019 memorandum decision and order on the Governments application to modify the protective order in Giuffre v. Maxwell, No. 15-cv-7433, as well as the transcripts of the March 26, 2019 and April 9, 2019 ex parte hearings on that application, originally filed under seal as Exhibits D, E, F, and G to the memorandum of law in support of Maxwell's first motion to suppress (Dkt. No. 134). Maxwell shall file those exhibits on the public docket without redaction by July 2, 2021 (Signed by Judge Alison J. Nathan on 7/1/21) (jw) (Entered: 07/01/2021) 07/01/2021 309 LETTER MOTION addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, and Lara Pomerantz dated July 1, 2021 re: Local Rule 23.1 . Document filed by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 07/01/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 47/113 DOJ-OGR-00020669 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page52 of 208 A-48 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 07/02/2021 | 310 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 2, 2021 re: Cosby Opinion (Attachments: # 1 Exhibit A)(Everdell, Christian) (Entered: 07/02/2021) | 07/02/2021 | 311 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 2, 2021 re: Cover Letter Attaching Unsealed Exhibits for the Memorandum in Support of the Defendant's Motion Under the Due Process Clause to Suppress all Evidence Obtained from the Government's Subpoena to Boies Schiller and to Dismiss Counts Five and Six (Dkt. No. 134) (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G)(Everdell, Christian) (Entered: 07/02/2021) | 07/02/2021 | 312 | ORDER as to Ghislaine Maxwell re: Defense counsel, including David Markus, are ORDERED to respond to the Governments July 1, 2021 letter motion, Dkt. No. 309, by July 9, 2021 (Defense Counsel Responses due by 7/9/2021) (Signed by Judge Alison J. Nathan on 7/2/21)(jw) (Entered: 07/02/2021) | 07/09/2021 | 313 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 07/09/2021 re: Counsel of Record reply to Court Order Dkt 312 (Sternheim, Bobbi) (Entered: 07/09/2021) | 07/12/2021 | 314 | LETTER addressed to Judge Alison J. Nathan from David Oscar Markus dated 7/9/21 re: The Governments request should be denied because (1) undersigned counsel does not currently represent Ms. Maxwell, and (2) the Op-Ed did not violate the local rules. (jw) (Entered: 07/12/2021) | 07/30/2021 | 315 | ORDER as to Ghislaine Maxwell. The Government has moved for an order requiring David Markus to comply with Local Criminal Rule 23.1 following an op-ed that he authored opining on the merits of this pending case, Dkt. No. 309. Mr. Markus is therefore ORDERED to comply with Local Criminal Rule 23.1. The Government does not ask the Court to discipline Mr. Markus based on his op-ed and the Court declines to consider whether it violated Rule 23.1 given the potential lack of clarity with respect to whether Mr. Markus was bound by the rule. The Court emphasizes that the rule provides illustrative examples of statements that "presumptively involve a substantial likelihood that their public dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice within the meaning of the rule." S.D.N.Y. Local Criminal Rule 23(d). Going forward, Mr. Markus and all lawyers associated with the pending case are now clearly on notice that their conduct falls under the purview of Local Criminal Rule 23.1. Indeed, the above concerns do not apply only to Mr. Markus. This Court has previously noted that counsel[,] agents for the parties and counsel for potential witnesses must take care to protect the Defendant's right to a fair trial by an impartial jury. Dkt. No. 28. This Court is cognizant that criminal matters heading toward trial are especially sensitive to extrajudicial statements. All those associated with this case must act to ensure the case is tried solely in court or else they risk being deemed responsible for any trial delay or for undermining the integrity of the upcoming trial. See S.D.N.Y. Local Criminal Rule 23.1(h). In addition to the impact it could have on this matter, failure to comply could also result in attorney discipline. Id. Rule 23.1(i). (Signed by Judge Alison J. Nathan on 7/30/21)(jw) Modified on 7/30/2021 (jw). (Entered: 07/30/2021) | 07/30/2021 | | NOTICE OF MAILING as to Ghislaine Maxwell: Copy of Order dated 7/30/21 (dkt.315) was emailed to Mr. Markus on Friday, September 30. (jbo) (Entered: 08/03/2021) | 08/05/2021 | 316 | INTERNET CITATION NOTE as to Ghislaine Maxwell: Material from decision with Internet citation re: 315 Order. (sjo) (Entered: 08/05/2021) | 08/13/2021 | 317 | OPINION & ORDER as to Ghislaine Maxwell. For the reasons above and in this Courts April 16, 2021 Opinion & Order, the Court DENIES Maxwell's motion to obtain relief specified in her supplemental pre-trial motions relating to the S2 indictment. This https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 48/113 DOJ-OGR-00020670 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page53 of 208 A-49 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 resolves Dkt. No. 292. (Signed by Judge Alison J. Nathan on 8/13/2021) (See ORDER set forth) (ap) (Entered: 08/13/2021) 08/13/2021 318 ORDER as to Ghislaine Maxwell: On March 19, 2021, Defendant Ghislaine Maxwell submitted a sealed and ex parte motion for an order authorizing four subpoenas pursuant to Rule 17(c)(3) of the Federal Rules of Criminal Procedure. By sealed order dated March 22, 2021, the Court provided an opportunity for recipients of the subpoenas to respond to the requests by March 30, 2021, but it received no responses. In an Opinion and Order temporarily filed under seal, the Court DENIES Maxwell's motion without prejudice. It does so after concluding that none of the proposed subpoenas conform to the factors first set out in United States v. Nixon, 418 U.S. 683, 69870 (1974). The Court will send the temporarily sealed Opinion and Order to defense counsel. By August 18, 2021, Maxwell is ORDERED to inform the Court whether she seeks sealing or limited redactions of the Court's opinion and of her original motion papers, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In addition, by that date Maxwell shall inform the Court whether she seeks full sealing or redactions of the original motion, again justifying any such request by reference to the Lugosch test. (Signed by Judge Alison J. Nathan on 8/13/2021) (ap) (Entered: 08/13/2021) 08/13/2021 334 OPINION & ORDER as to Ghislaine Maxwell. Maxwell's motion is, at this time, DENIED without prejudice. She may renew any Rule 17(c) applications upon a proper showing that each of the requested materials satisfies the Nixon test, as described above and in the Court's April 27, 2021 and June 2, 2021 Orders. The Court will file this Opinion & Order under temporary seal to allow consideration of any sealing or redaction requests. (Signed by Judge Alison J. Nathan on 8/13/2021) (See ORDER set forth) (ap) (Entered: 09/03/2021) 08/18/2021 319 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 08/18/2021 re: Disruption of MDC attorney-client video teleconferences (Sternheim, Bobbi) (Entered: 08/18/2021) 08/18/2021 320 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 August 18, 2021 re: Identification of co-conspirators Document filed by USA. (Rohrbach, Andrew) (Entered: 08/18/2021) 08/19/2021 321 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim, dated 8/18/2021, re: Counsel writes: I write to update the Court regarding MDC ongoing interference with attorney-client communication between Ghislaine Maxwell and her counsel. ENDORSEMENT: The Government is hereby ORDERED to confer with BOP and MDC Legal and file a response to Defendant's letter on or before August 23, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/19/2021) (lnl) (Entered: 08/19/2021) 08/19/2021 322 MEMO ENDORSEMENT as to Ghislaine Maxwell on 320 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 August 18, 2021 re: Identification of co-conspirators. ENDORSEMENT: The parties are hereby ORDERED to meet and confer in an effort to reach an agreement on the disclosure issues raised in this letter. If the parties reach an agreement, they shall inform the Court by August 26, 2021. If the parties do not reach an agreement, the Defendant may file a response to the arguments made here by the Government on or before August 30, 2021. Any response letter shall confirm that the meet and confer occurred. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/19/2021) (lnl) (Entered: 08/19/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 49/113 DOJ-OGR-00020671 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page54 of 208 A-50 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 08/19/2021 | 323 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 19, 2021 re: Redactions to Motion for 17(c) Subpoenas. (Everdell, Christian) (Entered: 08/19/2021) | 08/20/2021 | 324 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated August 20, 2021 re: Limited unsealing. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 08/20/2021) | 08/23/2021 | 325 | ORDER re: 324 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated August 20, 2021 re: Limited unsealing. Defense counsel is ORDERED to provide this Order and the temporarily sealed Opinion and Order to the intended recipients of the subpoenas. By August 25, 2021, defense counsel is ORDERED to confirm service of this Order and the temporarily sealed Opinion and Order. The Court GRANTS the Governments request for a limited unsealing of the Court's August 13 Opinion and the underlying motion papers. Dkt. No. 324. The Court will send the temporarily sealed Opinion and Order and motion papers to the Government. This resolves Dkt. No. 324. (Signed by Judge Alison J. Nathan on 8/23/21) (jw) (Entered: 08/23/2021) | 08/23/2021 | | Transmission to Sealed Records Clerk: as to Ghislaine Maxwell. Transmitted re: 325 Order on Letter Motion to the Sealed Records Clerk for the sealing or unsealing of document or case. (jw) (Entered: 08/23/2021) | 08/23/2021 | 326 | 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 August 23, 2021 re: Response to Defense August 18, 2021 Letter Document filed by USA. (Comey, Maurene) (Entered: 08/23/2021) | 08/24/2021 | 327 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 08/24/2021 (Sternheim, Bobbi) (Entered: 08/24/2021) | 08/25/2021 | 328 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 25, 2021 re: Service of Order. (Everdell, Christian) (Entered: 08/25/2021) | 08/25/2021 | 329 | ORDER as to Ghislaine Maxwell. Defendant submitted a letter on August 18 informing the Court about disruptions of attorney-client video teleconferences. Dkt. No. 319. After conferring with MDC Legal, the Government responded on August 23. Dkt. No. 326. According to the Government and MDC Legal, the Defendant's difficulties in communicating with her counsel via video teleconference have been resolved, and the Government's letter sufficiently addresses her other requests. The Court finds MDC Legal's assurance that Defendant's communications have not been interfered with, recorded, or listened to sufficient. No further application for relief was made in Defendant's August 24 reply. Dkt. No. 327. The Court remains confident that Ms. Maxwell is fully able to communicate with her defense counsel and to prepare for trial. If Defendant experiences further issues in communicating with her counsel, she should promptly notify the Court after conferring in good faith with the Government and MDC Legal. (Signed by Judge Alison J. Nathan on 8/25/21) (jw) (Entered: 08/25/2021) | 08/27/2021 | 330 | ORDER as to Ghislaine Maxwell. The Clerk's Office has now confirmed that a jury trial in this case has been scheduled to commence on November 29, 2021. This is a firm trial date. When the information is available, the Court will provide courtroom location and public access information by separate order. In light of the firm dates discussed above, it is hereby ORDERED that the parties appear for a telephone conference to discuss jury selection matters on October 21, 2021 at 12:00 P.M. Dial-in information for the parties and for public access will be provided when it is available by separate order. In light of https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 50/113 DOJ-OGR-00020672 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page55 of 208 A-51 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 the jury selection dates provided by the Clerks Office, the Court amends theschedule that it set on June 2, 2021 as follows. The parties shall meet and confer and submit a joint proposed juror questionnaire and joint proposed voir dire by October 11, 2021. The parties shall file a joint proposed charge and verdict sheet, with any differing proposals supported by authority or other justification, by October 27, 2021. Any motions in limine must be simultaneously filed by October 18, 2021, and any responses to motions in limine are due by October 25, 2021. Otherwise, the parties shall continue to follow the schedule that the Court set on June 2, 2021. Dkt. No. 297. IT IS FURTHER ORDERED that the parties appear for an in-person pretrial conference on November 1, 2021 at 11:00 A.M. (Pretrial Conference set for 11/1/2021 at 11:00 AM before Judge Alison J. Nathan.). (Telephone Conference set for 10/21/2021 at 12:00 PM before Judge Alison J. Nathan.). (Signed by Judge Alison J. Nathan on 8/27/21)(jw) (Entered: 08/27/2021) 08/30/2021 331 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated August 30, 2021 re: Response to Government Letter dated August 18, 2021, Dkt. 320 (Pagliuca, Jeffrey) (Entered: 08/30/2021) 09/01/2021 332 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 September 1, 2021 re: Proposed Redactions Document filed by USA. (Comey, Maurene) (Entered: 09/01/2021) 09/03/2021 333 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 332 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 September 1, 2021 re: Proposed Redactions. ENDORSEMENT: The Court has reviewed the proposed redactions and finds that they are narrowly tailored and necessary to protect the privacy and identities of third parties not identified on the record in this case. The intended recipients of the subpoenas did not file proposed redactions by September 1, 2021, per this Court's August 23 Order. Dkt. No. 325. The Court accordingly ORDERS Defendant to file the redacted Motion and Exhibits 1, 3, and 4, and unredacted Exhibit 2, by September 7, 2021. The Court hereby unseals the August 13 Opinion, and the Court will file the Opinion on the public docket. (Signed by Judge Alison J. Nathan on 9/2/2021) (ap) (Entered: 09/03/2021) 09/03/2021 335 ORDER as to Ghislaine Maxwell: The Court ORDERS that at the same time that the Government discloses Jencks Act material, the Government shall also disclose to the defense the identities of any unnamed co-conspirators who allegedly participated in the conspiracies charged in the S2 indictment to whom the Government will refer at trial. The Government is FURTHER ORDERED to disclose all co-conspirator statements it intends to offer at trial no later than October 11, as consistent with this Court's scheduling order. Dkt. No. 297 at 1. (Signed by Judge Alison J. Nathan on 9/3/2021) (See ORDER set forth) (ap) (Entered: 09/03/2021) 09/07/2021 336 MOTION for Discovery (Ex Parte and In Camera for an Order Authorizing a Subpoena Pursuant to Fed. R. Crim. P. 17(c)(3)). Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Everdell, Christian) (Entered: 09/07/2021) 10/05/2021 337 ORDER as to Ghislaine Maxwell. The Court is currently in the process of planning logistics for trial in this matter and requires the parties' best and current estimate of length of trial. The Court plans to have the jury sit 5 days a week from 9am until 5pm. Given that jury selection will be complete by November 19 and opening statements will occur on November 29, the Court requests that the parties provide their best estimate as to when the jury is likely to begin deliberations. This will allow the Court to assess the likelihood that trial may continue after the Christmas holiday and therefore whether the jury may be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 51/113 DOJ-OGR-00020673 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page56 of 208 A-52 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 required to sit some days during the week between Christmas and New Year's Day. Accordingly, on or before October 12, 2021, the parties are ORDERED to confer and submit a joint letter with their best and current estimate as to when the jury is likely to begin deliberations. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/5/2021) (bw) (Entered: 10/05/2021) 10/12/2021 338 MEMO ENDORSEMENT as to Ghislaine Maxwell re: Motion to Intervene...ENDORSEMENT...The motion to intervene is DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/12/21)(jw) (Entered: 10/12/2021) 10/12/2021 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint Proposed Juror Questionnaire and Voir Dire . Document filed by USA as to Ghislaine Maxwell. (Pomerantz, Lara) (Entered: 10/12/2021) 10/12/2021 340 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 12, 2021 re: Trial length Document filed by USA. (Rohrbach, Andrew) (Entered: 10/12/2021) 10/13/2021 341 MOTION Individual Sequestered Voir Dire and Limited Attorney-Conducted Voir Dire re 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint Proposed Juror Questionnaire and Voir Dire . Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 10/13/2021) 10/13/2021 342 MEMORANDUM in Support of Ghislaine Maxwell re 341 MOTION Individual Sequestered Voir Dire and Limited Attorney-Conducted Voir Dire re 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint. (Sternheim, Bobbi) (Entered: 10/13/2021) 10/13/2021 343 ORDER as to Ghislaine Maxwell. The Court is in receipt of Defendant's motion for an order granting individual sequestered juror voir dire and limited counsel-conducted voir dire. Dkt. No. 341. The Government is hereby ORDERED to respond by Monday, October 18, 2021 (Government Responses due by 10/18/2021) (Signed by Judge Alison J. Nathan on 10/13/21)(jw) (Entered: 10/14/2021) 10/14/2021 344 ORDER as to Ghislaine Maxwell. The Court received a letter via email from a lawyer for an alleged victim regarding victim attendance at the upcoming trial. The Court will file the letter under seal and forward a copy to counsel for both sides. Consistent with the Districts COVID-19 protocols, the Court will ensure public access for pretrial proceedings and trial, including several overflow rooms at the courthouse with live feeds of the proceedings. Additional information will be provided as soon as it is available. Access for alleged victims will be coordinated between the Victim Witness Unit and the District Executives Office. The contact information for each office is provided below. Furthermore, Defense counsel may coordinate access for the Defendant's family members with the District Executives Office (Signed by Judge Alison J. Nathan on 10/14/21)(jw) (Entered: 10/14/2021) 10/14/2021 345 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 14, 2021 re: Deadline for Filing Motion under Federal Rule of Evidence 412 (Pagliuca, Jeffrey) (Entered: 10/14/2021) 10/14/2021 346 MOTION to Direct MDC to deliver legal mail within one day of receipt . Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 10/14/2021) 10/14/2021 347 ORDER as to Ghislaine Maxwell: The Court is in receipt of Defendant's letter regarding the deadline for filing a motion under Federal Rule of Evidence 412. Dkt. No. 345. The https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 52/113 DOJ-OGR-00020674 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page57 of 208 A-53 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Government is hereby ORDERED to respond by 5:00 p.m. tomorrow, October 15, 2021. (Signed by Judge Alison J. Nathan on 10/14/2021) (ap) (Entered: 10/15/2021) 10/15/2021 348 ORDER as to Ghislaine Maxwell: The Court is in receipt of Defendant's letter regarding delivery of Defendant's legal mail at MDC. Dkt. No. 346. The Government is hereby ORDERED to respond as soon as possible but by no later than today, October 15, 2021 at 5:00 p.m. (Signed by Judge Alison J. Nathan on 10/15/2021) (ap) (Entered: 10/15/2021) 10/15/2021 349 SEALED DOCUMENT placed in vault. (jus) (Entered: 10/15/2021) 10/15/2021 350 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 15, 2021 re: Delivery of Legal Mail at MDC Document filed by USA. (Pomerantz, Lara) (Entered: 10/15/2021) 10/15/2021 351 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 15, 2021 re: Federal Rule of Evidence 412 Document filed by USA. (Pomerantz, Lara) (Entered: 10/15/2021) 10/15/2021 352 LETTER RESPONSE in Support of Motion by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 10/15/2021 re: 346 MOTION to Direct MDC to deliver legal mail within one day of receipt .. (Sternheim, Bobbi) (Entered: 10/15/2021) 10/15/2021 353 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Counsels of record for the Government dated 10/15/21 re: Government response to Order of The Court dated 10/15/21 (Dkt. No. 348).ENDORSEMENT: Based on the information in this letter the Court will not enter the Defendant's requested order. See Dkt. 346. However, it is the Court's firm expectation that a defendant in a pre-trial posture like Ms. Maxwell will in most circumstances receive legal mail within approximately 1 business day. Going forward, if another delay occurs, the Defendant may renew the request for a specific order requiring delivery within the time frame. With this understanding and in light of the unusually early pre-trial disclosure schedule set by the Court, the Court remains confident that Ms. Maxwell and her attorneys are fully able to prepare for trial. This resolves Dkt. No. 346. SO Ordered.. (Signed by Judge Alison J. Nathan on 10/15/21)(jm) (Entered: 10/15/2021) 10/15/2021 354 MEMO ENDORSEMENT as to Ghislaine Maxwell on 351 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 15, 2021 re: Federal Rule of Evidence 412. ENDORSEMENT: For the reasons stated in this letter, the Court finds that there is good cause for any motion under Federal Rule of Evidence 412 to be filed no later than October 27, 2021. Any response will be due November 1, 2021. Any hearing will tentatively be scheduled for November 5, 2021.Additional details will be provided if and when any motions are filed. SO ORDERED. (Motions due by 10/27/2021. Responses due by 11/1/2021) (Signed by Judge Alison J. Nathan on 10/15/2021) (lnl) (Entered: 10/18/2021) 10/18/2021 ***DELETED DOCUMENT. Deleted document number 354 Rule 5(f) as to Ghislaine Maxwell. The document was incorrectly filed in this case. (jm) (Entered: 10/18/2021) 10/18/2021 355 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 18, 2021 re: Response to Defense Motion for Limited Attorney-Conditioned Voir Dire and Individual Sequestered Voir Dire Document filed by USA. (Pomerantz, Lara) (Entered: 10/18/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 53/113 DOJ-OGR-00020675 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page58 of 208 A-54 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 10/18/2021 | 356 | REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 341 MOTION Individual Sequestered Voir Dire and Limited Attorney-Conducted Voir Dire re 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint. (Sternheim, Bobbi) (Entered: 10/18/2021) | 10/18/2021 | 357 | NOTICE of Defendant Ghislaine Maxwell's Motions in Limine as to Ghislaine Maxwell (Pagliuca, Jeffrey) (Entered: 10/18/2021) | 10/18/2021 | 358 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 18, 2021 re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) (Pagliuca, Jeffrey) (Entered: 10/18/2021) | 10/18/2021 | 359 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 18, 2021 re: Cover letter for Government Motions in Limine Document filed by USA. (Rohrbach, Andrew) (Entered: 10/18/2021) | 10/19/2021 | 360 | ORDER as to Ghislaine Maxwell. As noted in its previous order, the Court will hold a telephone conference to discuss jury selection matters on October 21, 2021 at 12:00 p.m. Dkt. No. 330. Members of the press and the public in the United States may access the live audio feed of the proceeding by calling 844-721-7237 and using access code 9991787. Those outside of the United States may access the live audio feed by calling 409-207-6951 and using the same access code. The Court will provide counsel for both sides an additional dial-in number to be used by counsel, the Defendant and any family members of the Defendant, alleged victims, and any family members of the Defendant. Any photographing, recording, or rebroadcasting of federal court proceedings is prohibited by law. Violation of these prohibitions may result in fines or sanctions, including monetary fines, 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 10/19/2021)(bw) (Entered: 10/19/2021) | 10/20/2021 | 361 | ORDER as to Ghislaine Maxwell: At the telephone conference scheduled to take place on October 21, 2021, in which the Court will discuss jury selection matters and logistics with the parties, the Court will hear from counsel regarding the unopposed request to seal their joint proposed juror questionnaire and voir dire. See Dkt. No. 339. The Court will also inquire as to whether the sealing request extends to the Court's draft questionnaire and voir dire and any justification for such sealing. In the meantime, the Court will today transmit via email its draft questionnaire and draft voir dire to the parties so that the drafts can be discussed at the conference tomorrow. After the Court explains how jury selection will proceed, the parties should be prepared to raise any objections to the Court's draft questionnaire and voir dire. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/20/2021) (lnl) (Entered: 10/20/2021) | 10/20/2021 | 362 | LETTER RESPONSE in Opposition by Reporters Committee for Freedom of the Press as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Reporters Committee for Freedom of the Press and 17 News Media Organizations dated October 20, 2021 re: 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint Proposed Juror Questionnaire and Voir Dire .. (Townsend, Katielynn) (Entered: 10/20/2021) | 10/21/2021 | 363 | LETTER as to USA v. Ghislaine Maxwell addressed to Judge Alison J. Nathan from Pete Brush, reporter, New York federal courts, dated Thu 10/21/2021 11:28 AM re: members of SDNY press corps join RCFP in opposition to secret jury selection in USA v. Maxwell. (bw) (Entered: 10/21/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 54/113 DOJ-OGR-00020676 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page59 of 208 A-55 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 10/21/2021 | Minute Entry for proceedings held before Judge Alison J. Nathan: Pretrial Conference as to Ghislaine Maxwell held on 10/21/2021. Defendant Ghislaine Maxwell present via telephone with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger via telephone. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government via telephone. Court Reporter Carol Ganley via telephone. Pretrial Conference held via telephone. Transcript. (jbo) (Entered: 10/25/2021) | 10/22/2021 | 364 ORDER as to Ghislaine Maxwell: For the reasons stated on the record at yesterday's conference, the Court will implement the following procedures for jury selection: A screening questionnaire will be administered on November 4, 5, and 12. The Clerk's Office will create a corresponding list of names and randomly assigned juror numbers. The list will be provided to counsel and the Court for use throughout jury selection. Jurors will be identified on the questionnaire and in court throughout the process by their assigned number only. Completed questionnaires will be copied and distributed to defense counsel by the U.S. Attorney's Office. After reviewing the completed questionnaires, counsel must confer in good faith and jointly submit four lists: (1) prospective jurors that both sides agree should proceed to voir dire; (2) prospective jurors that both sides agree should be excused; (3) prospective jurors that the defense believes should be excused; and (4) prospective jurors that the defense believes should be excused, but not the Government. Lists for questionnaires completed on November 4 and 5 will be due to the Court via email by November 7. Lists for questionnaires completed on November 12 will be due to the Court via email by November 13. If necessary, there will be an in-person conference on November 15 at 9:30 a.m. to resolve any disputes. Voir dire will proceed on November 16-19. The Court will conduct one-on-one voir dire with each prospective juror in the presence of the parties and with public access to the proceeding. At the conference, both sides indicated the potential need for additional procedures during voir dire under certain circumstances. See Transcript at 1011. As the Court indicated, it will consider proposed narrowly tailored measures that may be necessary during voir dire on a case-by-case basis. See id. at 12. The Court will decide in due course whether the exercise of peremptory strikes will proceed on November 19 or November 29. The Court implements these procedures taking into account the significant publicity this case has garnered, the nature of the charges, and the District's COVID-19 protocols. These procedures are carefully balanced and tailored to ensure the safety of the parties and prospective jurors in light of the continuing pandemic; to ensure juror candor, impartiality, and privacy; and to ensure the First Amendment right to public access of criminal proceedings. Also for the reasons stated on the record at yesterday's conference, the request to seal the parties' proposed questionnaire and voir dire and the Court's draft questionnaire and voir dire until after jury selection is completed is denied. Although the Court has and will continue to implement tailored measures to ensure a fair trial despite significant media interest, see Dkt. Nos. 28, 81, 95, 99, 101, 232, 241, 284, 301, 315, the defense did not justify sealing the entirety of the proposed and draft questionnaires and voir dire. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Court's planned individual voir dire process is designed to carefully probe the prior exposure to and the potential influence of any pre-trial media. As noted at the conference, the parties may continue to propose for the Court's consideration, any appropriate and tailored procedures in light of the specific factors related to this case and upcoming trial. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/22/2021) (lnl) (Entered: 10/22/2021) | 10/22/2021 | 365 ORDER as to Ghislaine Maxwell: Attached are the Court's draft jury questionnaire with changes adopted at yesterday's proceeding in redline and draft voir dire. In light of the District's COVID-19 protocols, the Court has proposed an additional question on page 6 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 55/113 DOJ-OGR-00020677 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page60 of 208 A-56 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 of the questionnaire, which is also indicated in redline. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/22/2021) (lnl) (Entered: 10/22/2021) 10/22/2021 366 ORDER as to Ghislaine Maxwell: As discussed at yesterday's conference, attached is the Courts draft preliminary remarks to be recorded and played before each questionnaire session. The parties may suggest any proposed edits by letter on or before October 26, 2021, or they shall indicate by that date that they have no objections or suggestions. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/22/2021) (lnl) (Entered: 10/22/2021) 10/22/2021 367 PROPOSED EXAMINATION OF JURORS by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit Joint Proposed Examination of Prospective Jurors)(Pomerantz, Lara) (Entered: 10/22/2021) 10/25/2021 368 ORDER as to Ghislaine Maxwell. On October 18, 2021, the parties filed their respective motions in limine. Dkt. Nos. 355, 357, 358. Responses are due today, October 25, 2021. The parties are further ORDERED that reply briefs, if any, are due by October 27, 2021. Each sides' responses and any replies must be filed as a single document. The parties are ORDERED to file on the public docket all briefing with both parties proposed redactions, and a joint letter justifying any requested redactions by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), on or before October 29, 2021. ( Replies due by 10/27/2021.) (Signed by Judge Alison J. Nathan on 10/25/21)(jw) (Entered: 10/25/2021) 10/25/2021 369 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated 10/25/21 re: Extension of Time to File Joint Proposed Jury Charge and Verdict Sheet . Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 10/25/2021) 10/25/2021 370 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 25, 2021 re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) (Pagliuca, Jeffrey) (Entered: 10/25/2021) 10/26/2021 371 MEMO ENDORSEMENT 369 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated 10/25/21 re: Extension of Time to File Joint Proposed Jury Charge and Verdict Sheet. To request a one-week extension until November 3, 2021, to file the joint proposed jury charge and verdict sheet, which are currently due on October 27, 2021...ENDORSEMENT...SO ORDERED. (Signed by Judge Alison J. Nathan on 10/26/21) (jw) (Entered: 10/26/2021) 10/26/2021 372 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 26, 2021 re: the Court's draft preliminary remarks Document filed by USA. (Pomerantz, Lara) (Entered: 10/26/2021) 10/26/2021 373 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 10/26/2021 re: Response to court order (Sternheim, Bobbi) (Entered: 10/27/2021) 10/27/2021 375 REPLY by Ghislaine Maxwell re: 372 Letter filed by USA . (Sternheim, Bobbi) (Entered: 10/27/2021) 10/27/2021 376 ORDER as to Ghislaine Maxwell. The Court is receipt of the parties' letters regarding the jury questionnaire and voir dire. See Dkt. Nos. 372, 373, 375. The Court will provide counsel the corresponding list of juror names and assigned juror numbers on November 16 at the commencement of voir dire. The placeholder for the juror information sheet in the Courts draft questionnaire refers to the information sheet required by the Jury Department. See Dkt. No. 365. The information sheet will be removed and collected by the Jury Department from the packet before the parties review of the questionnaires. The https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 56/113 DOJ-OGR-00020678 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page61 of 208 A-57 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Court is still considering the logistics of when peremptory strikes will be exercised, but the Court anticipates peremptory strikes will be exercised on November 29. Assuming so, the swearing in of the jury, preliminary instructions, and opening statements would commence immediately following the simultaneous (via submission of lists) exercise of peremptory challenges. (Signed by Judge Alison J. Nathan on 10/27/21)(jw) (Entered: 10/27/2021) 10/27/2021 377 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 27, 2021 re: Ms. Maxwell's Fed. R. Evid. 412 Motion (Pagliuca, Jeffrey) (Entered: 10/27/2021) 10/27/2021 378 NOTICE of Motion Under Federal Rule of Evidence 412 as to Ghislaine Maxwell (Pagliuca, Jeffrey) (Entered: 10/27/2021) 10/28/2021 379 ORDER as to Ghislaine Maxwell. As noted in its previous order, the Court will hold an in-person pretrial conference on November 1, 2021 at 11:00 a.m. Dkt. No. 330. The conference will take place in Courtroom 518 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY. In accordance with its prior Order, the Court will ensure access for alleged victims and any members of the Defendants family. Dkt. No. 344. Two pool reporters will be permitted in the courtroom proper. (Pretrial Conference set for 11/1/2021 at 11:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/28/21)(jw) (Entered: 10/28/2021) 10/29/2021 380 MOTION in Limine. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Rohrbach, Andrew) (Entered: 10/29/2021) 10/29/2021 381 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 10/29/2021 re: Legal Mail Delivery Request (Sternheim, Bobbi) (Entered: 10/29/2021) 10/29/2021 382 RESPONSE to Motion by Ghislaine Maxwell re: 380 MOTION in Limine .. (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E, # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G, # 8 Exhibit H (Filed Under Seal), # 9 Exhibit I (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 383 REPLY MEMORANDUM OF LAW in Support by USA as to Ghislaine Maxwell re: 380 MOTION in Limine . (Rohrbach, Andrew) (Entered: 10/29/2021) 10/29/2021 384 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1)(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 385 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 386 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 387 MOTION in Limine to Exclude Evidence Related to Accuser-3. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A - Filed Under Seal, # 2 Exhibit B - Filed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 57/113 DOJ-OGR-00020679 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page62 of 208 A-58 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | | | Under Seal)(Everdell, Christian) (Entered: 10/29/2021) | 10/29/2021 | 388 | MOTION in Limine to Exclude Evidence of Alleged Flight. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 10/29/2021) | 10/29/2021 | 389 | MOTION in Limine to Exclude Evidence of Alleged False Statement Evidence. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 10/29/2021) | 10/29/2021 | 390 | MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 391 | MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 392 | MOTION in Limine to Suppress Identification. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 393 | MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 394 | MOTION in Limine to Preclude Testimony About Any Alleged "Rape" by Jeffrey Epstein. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 395 | MOTION in Limine to Preclude Reference to the Accusers as "Victims" or "Minor Victims". Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 396 | MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 397 | RESPONSE in Opposition by USA as to Ghislaine Maxwell re: 386 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing., 396 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 390 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 389 MOTION in Limine to Exclude Evidence of Alleged False Statement Evidence., 388 MOTION in Limine to Exclude Evidence of Alleged Flight., 387 MOTION in Limine to Exclude Evidence Related to Accuser-3., 384 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order., 395 MOTION in Limine to Preclude Reference to the Accusers as "Victims" or "Minor Victims"., 385 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement., 394 MOTION in Limine to Preclude Testimony About Any Alleged "Rape" by Jeffrey Epstein., 391 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005., 392 MOTION in Limine to Suppress Identification., 393 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 10/29/2021) | 10/29/2021 | 398 | REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 386 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing., 396 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 58/113 DOJ-OGR-00020680 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page63 of 208 A-59 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 390 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 389 MOTION in Limine to Exclude Evidence of Alleged False Statement Evidence., 388 MOTION in Limine to Exclude Evidence of Alleged Flight., 387 MOTION in Limine to Exclude Evidence Related to Accuser-3., 384 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order., 395 MOTION in Limine to Preclude Reference to the Accusers as "Victims" or "Minor Victims"., 385 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement., 394 MOTION in Limine to Preclude Testimony About Any Alleged "Rape" by Jeffrey Epstein., 391 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005., 392 MOTION in Limine to Suppress Identification., 393 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 399 JOINT LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated Oct. 28, 2021 re: Justifications for redactions Document filed by USA. (Rohrbach, Andrew) (Entered: 10/29/2021) 10/29/2021 402 ORDER as to Ghislaine Maxwell. The Court is in receipt of Defendant's letter regarding delivery of Defendant's legal mail at MDC. Dkt. No. 381 . The Government is hereby ORDERED to respond by Tuesday, November 2, 2021 at 12:00 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/29/2021)(bw) (Entered: 11/02/2021) 10/31/2021 400 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Defendant's motion under Federal Rule of Evidence 412, Dkt. No. 378, and the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386. The issues raised in the two motions overlap significantly. The Court is required under Federal Rule of Evidence 412 to conduct an in camera hearing. Fed. R. Evid. 412 ("Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must remain under seal.). In addition, the Court has determined it will conduct a Daubert hearing with respect to the Defendant's motion under Federal Rule of Evidence 702. Because of the overlap in the substance of the motions, the Court will conduct the two proceedings back to back. The Court previously set a tentative date for the Rule 412 Motion hearing as November 5, 2021. Dkt. No. 354. The Court is prepared to proceed with both hearings on that date. Alternatively, the proceedings could be held on either the afternoon of November 9 or the afternoon of November 10. The Government shall confer with its proposed expert regarding availability for the Daubert hearing as well as with alleged victims who wish to attend and be heard at the Rule 412 Motion hearing. After doing so, the parties shall confer with each other as to availability. On or before November 2, 2021, the parties shall jointly file a letter with the Court indicating whether the hearings be held on November 5, 9, or 10. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/31/2021) (bw) (Entered: 11/01/2021) 11/01/2021 401 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' proposed redactions to the parties' motions in limine, responses in opposition, replies in support, and related exhibits. As the Court indicated at today's conference, some of the parties' proposed redactions are overbroad considering the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 59/113 DOJ-OGR-00020681 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page64 of 208 A-60 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 particular, for the reasons stated at today's conference, the Court denies the Government's request to redact section ten of the Government's motion in limine. See Dkt. No. 380. The Court will also not permit redactions pertaining to the general description of evidence or anticipated testimony as such redactions are unnecessary to protect the privacy interests of the individuals implicated. Accordingly, the parties must propose more tailored redactions consistent with the Court's discussion at today's conference. The parties are ORDERED to submit the proposals to the Court via email by November 4, 2021. In order to facilitate the Court's review of the requests, the Court requires the parties to submit the proposed redactions as a single document and with the proposed redactions highlighted. The Defendant's proposed redactions should be highlighted in one color, and the Government's a different color. The Court will rule on the proposed redactions expeditiously. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/1/2021)(bw) (Entered: 11/02/2021) 11/01/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Pretrial Conference as to Ghislaine Maxwell held on 11/1/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Pamela Utter and Michael McDaniel. Pretrial Conference held. Defendant remains remanded. See Transcript. (jbo) (Entered: 11/02/2021) 11/02/2021 403 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 2, 2021 re: Delivery of Legal Mail at MDC Document filed by USA. (Pomerantz, Lara) (Entered: 11/02/2021) 11/02/2021 404 ORDER as to Ghislaine Maxwell. As discussed at yesterday's conference, attached is the Court's draft preliminary remarks to be recorded and played before each voir dire session. The parties may suggest any proposed edits or additions by letter on or before November 8, 2021, or they shall indicate by that date that they have no objections or suggestions. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/2/2021)(bw) (Entered: 11/02/2021) 11/02/2021 405 JOINT LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 2, 2021 re: Trial length Document filed by USA. (Rohrbach, Andrew) (Entered: 11/02/2021) 11/02/2021 406 JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 2, 2021 re: Fed. R. Evid. 412 and 702 Motions Hearing Date (Pagliuca, Jeffrey) (Entered: 11/02/2021) 11/03/2021 407 MOTION for Reconsideration Re: Disclosure of Juror Names to Counsel Only upon completion of Questionnaire. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 11/03/2021) 11/03/2021 408 MOTION for Reconsideration re: Release on Bond. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 11/03/2021) 11/03/2021 409 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' joint letter in response to this Court's order dated October 31, 2021. Dkt. No. 406. The Court will hold a hearing on November 10, 2021 at 9:00 a.m. on the Defendant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as discussed at the November 1, 2021 conference. The proceeding will take place in Courtroom 110 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. The Court will provide information on public access (for the portion of the Daubert https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 60/113 DOJ-OGR-00020682 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page65 of 208 A-61 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 hearing that does not overlap with the Rule 412 issues) as soon as it is available. Otherwise, the Court will order the following briefing schedule if the Government seeks to exclude any of the Defendant's anticipated witness testimony as disclosed in her November 1, 2021 notice. See Dkt. No. 406: Government brief to be filed on ECF: November 8, 2021; Defense response brief to be filed on ECF: November 11, 2021. The redactions are further ORDERED to docket Exhibit A to Dkt. No. 406 with any proposed redactions on or before November 8, 2021. In order to facilitate the Court's review of any proposed redactions, the parties must also submit via email a highlighted copy. SO ORDERED. (Status Conference set for 11/10/2021 at 09:00 AM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 11/3/2021)(bw) (Entered: 11/03/2021) 11/03/2021 412 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter dated November 2, 2021. Dkt. No. 403. The Government is hereby ORDERED to confer further with MDC legal counsel and file a letter regarding Defendant's transportation to the courthouse for proceedings in this matter on or before November 8, 2021. The Court hereby authorizes the letter to be filed under seal because such information may implicate security concerns. The Court will also confer with the United States Marshal for the Southern District of New York and with the District Executive regarding transportation of the Defendant for upcoming in court proceedings and trial. With respect to legal mail, the Court requires MDC Legal Counsel to consider what additional steps can be taken (including what steps by counsel for the Government or the Defendant) to ensure that within the weeks leading up to trial, Ms. Maxwell promptly receives her legal mail. The Government shall docket a letter with MDC Legal Counsel's proposal on or before November 8, 2021. The Court will also transmit this Order to Chief Judge Brodie, who is overseeing the litigation and mediation in Case No. 19-cv-660 (E.D.N.Y.) regarding access to counsel for pre-trial detainees being held at the MDC so that the issue can be discussed as to all MDC pre-trial detainees who require prompt access to legal mail in the weeks leading up to their trials. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/3/2021)(bw) (Entered: 11/04/2021) 11/03/2021 Transmission to Sealed Records Clerk: as to Ghislaine Maxwell. Transmitted re: 412 Order, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 11/04/2021) 11/03/2021 413 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Defendant's motions for reconsideration. See Dkt. Nos. 407, 408. The Government is hereby ORDERED to respond to Defendant's motion for reconsideration, Dkt. No. 408, on or before November 8, 2021. As to the motion for reconsideration regarding the disclosure of juror names, the Court reminds counsel of the following. First, as the Court previously indicated, the lawyers will be provided the names of jurors on November 16, prior to the commencement of the voir dire process. Second, the Court has now resolved the logistical issues regarding the ability to conduct peremptory challenges on November 29 and the Court can now confirm that peremptory strikes will not be exercised until November 29. Finally, as previously indicated, although only 40 qualified jurors are needed for the exercise of peremptory strikes, the Court will seek to qualify approximately 50 to 60 prospective jurors to return on November 29 for the exercise of peremptory strikes. If counsel for either side learns of any additional information that would be a basis for a strike for cause prior to November 29, they shall immediately raise the issue with the Court. Bearing in mind this information, the Government is ORDERED to respond to Defendant's motion for reconsideration, Dkt. No. 407, on or before November 4, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/3/2021) (bw) (Entered: 11/04/2021) 11/04/2021 410 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 3, 2021 re: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 61/113 DOJ-OGR-00020683 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page66 of 208 A-62 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 RTC and Verdict Sheet Document filed by USA. (Attachments: # 1 Exhibit Request to Charge, # 2 Exhibit Verdict sheet)(Rohrbach, Andrew) (Entered: 11/04/2021) 11/04/2021 411 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 4, 2021 re: Reconsideration of Court Order (Dkt. 409) . Document filed by USA as to Ghislaine Maxwell. (Pomerantz, Lara) (Entered: 11/04/2021) 11/04/2021 414 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 411 LETTER MOTION filed by USA addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 4, 2021 re: Reconsideration of Court Order (Dkt. 409). ENDORSEMENT: The Court hereby DENIES the Government's request as to Dr. Park Dietz and Dr. Elizabeth Loftus. Pursuant to this Court's Order, if the Government seeks to exclude these anticipated witnesses, briefing must be submitted by November 8, 2021. Dkt. No. 409. As to the remaining individuals disclosed in Defendant's notice, the Court GRANTS the Government's request. If the Government seeks to exclude those anticipated witnesses, briefing must be submitted by November 15, 2021, with a response by Defendant due November 19, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/4/2021)(bw) (Entered: 11/04/2021) 11/04/2021 415 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 4, 2021 re: Reply to Defendant's Motion for Reconsideration regarding Disclosure of Juror Names Document filed by USA. (Pomerantz, Lara) (Entered: 11/04/2021) 11/05/2021 416 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 415 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 4, 2021 re: Reply to Defendant's Motion for Reconsideration regarding Disclosure of Juror Names. ENDORSEMENT: For the reasons stated in the Government's letter, the motion for reconsideration, Dkt. No. 407, is DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/5/2021) (ap) (Entered: 11/05/2021) 11/08/2021 417 ORDER as to Ghislaine Maxwell: The Court is in receipt of the Government's supplemental letter regarding its opposition to the defense motion to exclude evidence of Minor Victim-3. See Dkt. No. 387. The letter is submitted temporarily under seal to allow defense counsel the opportunity to propose any additional redactions beyond what the Government proposes. At the November 1, 2021 conference, the Court asked the Government to provide its position as to whether Alleged "Victim-3" could be considered a "victim" of the crimes charged in the indictment for any legal purpose, including for purposes of restitution under 18 U.S.C. § 3663(a)(2). See Transcript at 71-72. The Government's supplemental letter does not address this issue. While acknowledging that the Court's request may have been unclear, the Government is now ORDERED to file a supplemental letter responsive to the Court's question on or before 12:00 p.m. on November 7, 2021. For the sake of clarity, the Government is directed to state its position as to whether this anticipated witness could be deemed a victim of any of the crimes charged in the indictment for any legal purpose, including for purposes of restitution under 18 U.S.C. § 3663(a)(2). SO ORDERED. (Signed by Judge Alison J. Nathan on 11/6/2021) (lnl) (Entered: 11/08/2021) 11/08/2021 418 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 November 8, 2021 re: Dkt. No. 406 Ex. A Document filed by USA. (Attachments: # 1 Exhibit Exhibit A)(Rohrbach, Andrew) (Entered: 11/08/2021) 11/08/2021 419 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/8/2021 re: Suggestions to Dkt 404 (Sternheim, Bobbi) (Entered: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 62/113 DOJ-OGR-00020684 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page67 of 208 A-63 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | | | 11/08/2021 | |-----------|-------|------------| | 11/08/2021 | 420 | 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 November 8, 2021 re: the Court's draft preliminary remarks for voir dire (Dkt. 404) Document filed by USA. (Pomerantz, Lara) (Entered: 11/08/2021) | | 11/08/2021 | 421 | ORDER as to Ghislaine Maxwell: A conference is scheduled for November 10, 2021 to address the Defendant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as discussed at the November 1, 2021 conference. Dkt. No. 409. The parties are ORDERED to confirm by 12:00 p.m. tomorrow, November 9, 2021, that the alleged victims referenced in the Defendant's Rule 412 Motion have been notified of the November 10 hearing and of their right to attend. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/8/2021) (lnl) (Entered: 11/08/2021) | | 11/08/2021 | 422 | 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 November 8, 2021 re: Delivery of Legal Mail (Dkt. 412) Document filed by USA. (Pomerantz, Lara) (Entered: 11/08/2021) | | 11/08/2021 | 423 | 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 November 8, 2021 re: Opposition to Motion for Bail Reconsideration Document filed by USA. (Pomerantz, Lara) (Entered: 11/08/2021) | | 11/08/2021 | 424 | MOTION to Preclude Expert Testimony of Dr. Dietz and Dr. Loftus. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rohrbach, Andrew) (Entered: 11/08/2021) | | 11/09/2021 | 425 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 422 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 November 8, 2021 re: Delivery of Legal Mail (Dkt. 412). ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (lnl) (Entered: 11/09/2021) | | 11/09/2021 | 426 | ORDER as to Ghislaine Maxwell: The Court is in receipt of the Defendant's motion for reconsideration regarding release on bond, Dkt. No. 408, and the parties' letters regarding the delivery of the Defendant's legal mail and transport to the courthouse for pretrial conferences and trial in this case, Dkt. Nos. 381, 403, 422. For the reasons stated in this Court's prior bail determinations, Dkt. Nos. 93, 106, 169, and the Government's letter in opposition, Dkt. No. 423, the renewed request for bail is denied. Moreover, based on the representations from MDC legal counsel regarding the delivery of the Defendant's legal mail, Dkt. No. 422, the Court concludes that the Defendant has adequate access to legal counsel and legal mail in order to prepare for trial. MDC legal counsel and the Government are ordered to take the steps outlined in the Dkt. No. 422 between now and the completion of trial. As to the Defendant's transport, the Court concludes that she will be transported to and from the courthouse for pretrial conferences and trial in a way that is humane, proper, and consistent with security protocols. This conclusion is based on representations from MDC legal counsel in the letter submitted under seal because it discusses BOP security protocols, see Dkt. No. 412, as well as the Court's communication with the United States Marshal for the Southern District of New York. The Government, BOP, and USMS shall continue to take all available measures consistent with security protocols to ensure the Defendant has sufficient rest, nutrition, and comfort in order to be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 63/113 DOJ-OGR-00020685 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page68 of 208 A-64 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 able to prepare for and participate in trial. This resolves Dkt. No. 408. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (lnl) (Entered: 11/09/2021) 11/09/2021 427 ORDER as to Ghislaine Maxwell: Attached is the Court's revised draft preliminary remarks to be recorded and played before each voir dire session. The Court is in receipt of the Government's letter approving of the remarks, Dkt. No. 420, and the Defendant's proposed additions, Dkt. No. 419. The revised remarks adopt all but one of the Defendant's proposals because the Court's subsequent revisions eliminated that portion of the script. In particular, the Court has made three additional changes in order to accurately explain the logistics of voir dire. Each of these changes is reflected in redline. The parties are ORDERED to indicate by letter on or before November 11, 2021 at 12:00 p.m. whether or not they have any objections or suggestions the Court's revised preliminary remarks to be played before each voir dire session. Attached is also the Court's revised draft voir dire in redline. The Court's revisions simplify the phrasing of questions 1, 2, 3, 10, 13, 25, and 37 in an effort to maximize the time dedicated to questioning each prospective juror. The revision to question 11 reflects the Court's oral ruling on November 1, 2021 regarding the use of pseudonyms for certain witnesses. The revisions to questions 9, 13, 14, 15, 20, 21, and 33 are non-substantive changes to question numbers in order to accurately reference the corresponding question numbers on the jury questionnaire or are grammatical changes. Attached is also the Court's draft instruction sheet for those jurors who are not struck for cause and will return for the exercise of peremptory strikes, as discussed at the November 1 conference. The parties are FURTHER ORDERED to indicate by letter on or before November 12, 2021 whether or not they have any objections or suggestions to the revised voir dire and draft instruction sheet. Finally, the parties are ORDERED to jointly submit the list of individuals and locations who may be mentioned at trial for questions 11 and 12 of the voir dire on or before November 14, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (lnl) (Entered: 11/09/2021) 11/09/2021 428 SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/09/2021) 11/09/2021 429 LETTER REPLY TO RESPONSE to Motion by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/9/2021 re 408 MOTION for Reconsideration re: Release on Bond.. (Sternheim, Bobbi) (Entered: 11/09/2021) 11/09/2021 430 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated November 9, 2021 re: victim notification Document filed by USA. (Moe, Alison) (Entered: 11/09/2021) 11/09/2021 431 ORDER as to Ghislaine Maxwell: As noted in its previous Order, the Court will hold an in-person proceeding on November 10, 2021 at 9:00 a.m. Dkt. No. 409. The proceeding will take place in Courtroom 110 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. The purpose of the proceeding is to address the Defendant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as discussed at the November 1, 2021 conference. As is expressly required by Federal Rule of Evidence 412, the Court must conduct a hearing on this motion in camera and seal the record of the hearing. Fed. R. Evid. 412(c)(2). Accordingly, this portion of the hearing will be sealed and in camera. The Government confirmed that the attorneys for the alleged victims implicated by the Defendants motion have been notified of their right to attend the hearing pursuant to Federal Rule of Evidence 412. Dkt. No. 430. For the public portions of the proceeding, the Court will ensure access for alleged victims and any members of the Defendant's https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 64/113 DOJ-OGR-00020686 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page69 of 208 A-65 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 family, in accordance with its prior Order. Dkt. No. 344. Space will be available in the courtroom proper for members of the media. In order to comply with the District's COVID-19 protocols, the public and additional members of the media will be able to access the proceeding in overflow Courtrooms 506 and 905 of the Thurgood Marshall U.S. Courthouse. These overflow rooms will have live video and audio feeds of the proceeding. The use of any electronic devices during the proceeding in the overflow rooms is strictly prohibited. The Court anticipates seating capacity in the overflow rooms for 50 members of the public. If capacity is reached, no additional persons will be admitted. Per the S.D.N.Y. Response to COVID-19, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to entering the courthouse. All visitors must also have their temperature taken when they arrive at the courthouse. 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. All visitors must wear a mask that covers the person's nose and mouth. Bandannas, gaiters, and masks with valves are not permitted. If a person does not have an approved mask, a screener will provide one. 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. For more information, please see https://www.nysd.uscourts.gov/covid-19-coronavirus. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (lnl) (Entered: 11/09/2021) 11/10/2021 432 JOINT 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 November 10, 2021 re: Pseudonym logistics Document filed by USA. (Attachments: # 1 Exhibit A)(Rohrbach, Andrew) (Entered: 11/10/2021) 11/10/2021 437 ORDER as to Ghislaine Maxwell: The Court hereby revises the schedule for the supplemental briefing as to Defendant's first and seventh motions in limine, which was previously set at the November 1, 2021 conference, as follows: Government submission due Friday, November 12, 2021 Defense submission due Monday, November 15, 2021 At today's conference, the parties inquired about the start time for voir dire on November 16, 2021. The parties are ORDERED to appear at 8:30 a.m. on November 16, 2021 in Courtroom 518 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY, for the start of voir dire. SO ORDERED. (Voir Dire set for 11/16/2021 at 08:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 11/10/2021) (lnl) (Entered: 11/12/2021) 11/10/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Pretrial Conference as to Ghislaine Maxwell held on 11/10/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Paula Speer and Sadie Herbert. Pretrial Conference held. See transcript. Defendant remains remanded. (jbo) (Entered: 11/15/2021) 11/11/2021 433 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated November 11, 2021 re: preliminary remarks, voir dire, and instruction sheet Document filed by USA. (Moe, Alison) (Entered: 11/11/2021) 11/11/2021 434 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Laura A. Menninger dated November 11, 2021 re: Court's revised proposed remarks, voir dire and instruction sheet (Dkt. 427) (Menninger, Laura) (Entered: 11/11/2021) 11/11/2021 435 OPINION & ORDER as to Ghislaine Maxwell: The Court therefore denies the Defense's motion to exclude Dr. Rocchio's testimony except as to the opinion that the presence of a https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 65/113 DOJ-OGR-00020687 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page70 of 208 A-66 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 third party can facilitate grooming. This resolves docket number 386. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/11/2021) (lnl) (Entered: 11/12/2021) 11/11/2021 450 ORDER as to Ghislaine Maxwell: The Court is in receipt of the parties' proposed redactions in accordance with Dkt. No. 401. The court concludes that the proposed redactions and requests to seal certain exhibits are consistent with the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and narrowly tailored to protect the pre-trial privacy interests of alleged victims, anticipated witnesses, and non-parties. See United States v. Amodeo, 71 F.3d 1044, 1050-51 (2d Cir. 1995). The parties are hereby ORDERED to file the proposed redactions and accompanying exhibits on the public docket on or before November 12, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/11/2021) (lnl) (Entered: 11/12/2021) 11/12/2021 436 MEMO ENDORSEMENT as to Ghislaine Maxwell on 432 JOINT 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 November 10, 2021 re: Pseudonym logistics. ENDORSEMENT: The parties are ORDERED to submit the lists referenced in this letter on or before November 14, 2021, in accordance with Dkt. No. 427. The parties may continue submitting proposed redactions in accordance with the procedures this Court has previously set. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/11/2021) (lnl) (Entered: 11/12/2021) 11/12/2021 438 MOTION in Limine . Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Rohrbach, Andrew) (Entered: 11/12/2021) 11/12/2021 439 RESPONSE to Motion by Ghislaine Maxwell re: 438 MOTION in Limine .. (Attachments: # 1 Exhibit A (Filed Under Sealed), # 2 Exhibit B (Filed Under Sealed), # 3 Exhibit C (Filed Under Sealed), # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E, # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G, # 8 Exhibit H (Filed Under Seal), # 9 Exhibit I (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 440 REPLY MEMORANDUM OF LAW in Support by USA as to Ghislaine Maxwell re: 438 MOTION in Limine . . (Rohrbach, Andrew) (Entered: 11/12/2021) 11/12/2021 441 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1)(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 442 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 443 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 444 MOTION in Limine to Exclude Evidence Related to Accuser-3. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A - Filed under Seal, # 2 Exhibit B - Filed under Seal)(Everdell, Christian) (Entered: 11/12/2021) 11/12/2021 445 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2 (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 66/113 DOJ-OGR-00020688 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page71 of 208 A-67 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/12/2021 446 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 447 MOTION in Limine to Suppress Identification. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 448 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 449 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 451 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Matthew Russell Lee, dated 10/29/2021, re: timely opposition to blanket requests to seal portions of motions in limine, trial exhibits, public access. ENDORSEMENT: The Court received the attached letters via email. This District no longer permits public access by telephone for in-court criminal proceedings, including trials. The memorandum can be found here - https:// nysd.uscourts.gov/covid-19-coronavirus. The Courts public access orders for all proceedings in the case can be found here - https://www.nysd.uscourts.gov/usa-vsghislaine-maxwell-20-cr-330-ajn-caseinformation. The Court has implemented a procedure for docketing filings with proposed redactions and is ruling on the proposals as expeditiously as possible. See Dkt. No. 401. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/12/2021) (Inl) (Entered: 11/12/2021) 11/12/2021 452 MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 449 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 444 MOTION in Limine to Exclude Evidence Related to Accuser-3., 447 MOTION in Limine to Suppress Identification., 443 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing., 448 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony., 445 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 442 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement., 446 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005., 441 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 11/12/2021) 11/12/2021 453 REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 449 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 444 MOTION in Limine to Exclude Evidence Related to Accuser-3., 447 MOTION in Limine to Suppress Identification., 443 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing., 448 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony., 445 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 442 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement., 446 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005., 441 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 11/12/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 67/113 DOJ-OGR-00020689 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page72 of 208 A-68 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order.. (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E)(Pagliuca, Jeffrey) (Main Document 453 replaced on 11/22/2021) (jw). (Entered: 11/11/2021) 11/12/2021 454 ORDER as to Ghislaine Maxwell: As discussed at Wednesday's conference, the Court will hold an in-person proceeding on November 15, 2021 at 9:30 a.m. The proceeding will take place in Courtroom 518 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. In accordance with its prior Order, the Court will ensure access for alleged victims and any members of the Defendant's family. Dkt. No. 344. In order to comply with the District's COVID-19 protocols, the public will be able to access the proceeding in overflow Courtrooms 110 and 506 of the Thurgood Marshall U.S. Courthouse. These overflow rooms will have live video and audio feeds of the proceeding. The use of any electronic devices during the proceeding in the overflow rooms is strictly prohibited. The Court anticipates seating capacity in the overflow rooms for at least 50 members of the public. If capacity is reached, no additional persons will be admitted. Per the S.D.N.Y. Response to COVID-19, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to entering the courthouse. All visitors must also have their temperature taken when they arrive at the courthouse. 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. All visitors must wear a mask that covers the person's nose and mouth. Bandannas, gaiters, and masks with valves are not permitted. If a person does not have an approved mask, a screener will provide one. 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. For more information, please see https://www.nysd.uscourts.gov/covid-19-coronavirus. SO ORDERED. (Status Conference set for 11/15/2021 at 09:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 11/12/2021) (lnl) (Entered: 11/12/2021) 11/12/2021 455 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 12, 2021 re: Clarification re pseudonym order . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/12/2021) 11/12/2021 456 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 November 12, 2021 re: Co-Conspirator Statements Document filed by USA. (Comey, Maurene) (Entered: 11/12/2021) 11/12/2021 458 ORDER as to Ghislaine Maxwell: The Court is in receipt of the Government's letter motion seeking clarification on two items from the November 1, 2021 pretrial conference. Dkt. No. 455. As to the first item, the Government seeks clarification about the line between permissible and impermissible cross-examination for witnesses testifying under a pseudonym. The Government's suggested level of generality as to permissible cross-examination of the witnesses' careers would unduly curtail the Defendant's Sixth Amendment right to meaningful cross-examination. See United States v. Figueroa, 548 F.3d 222, 227 (2d Cir. 2008). The line of questioning the Government identifies may be relevant to a juror's credibility determination and thus the Court will not limit the Defendant's ability to pursue such questioning on cross-examination. As the Court noted at the November 1 conference, the Defendant may not elicit the name of a specific employer, but the type and genre of employment may be relevant to the jury's assessment of credibilty. Nov. 1, 2021 Transcript at 11-12. As to the second item, the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 68/113 DOJ-OGR-00020690 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page73 of 208 A-69 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Government is ORDERED to submit a proposed order regarding sketch artist depictions of certain witnesses on or before November 18, 2021. (Signed by Judge Alison J. Nathan on 11/12/2021) (ap) (Entered: 11/15/2021) 11/13/2021 457 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated November 12, 2021 re: Government Exhibit 52 Document filed by USA. (Moe, Alison) (Entered: 11/13/2021) 11/15/2021 459 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 10/21/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Carol Ganley, (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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 460 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 10/21/21 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.... (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 461 SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/15/2021) 11/15/2021 462 ORDER as to Ghislaine Maxwell: Attached is a copy of the final jury questionnaire, which is the same as Dkt. No. 365, docketed on October 22, 2021, except that it incorporates the redline changes. (Signed by Judge Alison J. Nathan on 11/15/2021) (ap) (Entered: 11/15/2021) 11/15/2021 463 ORDER as to Ghislaine Maxwell: Voir dire for this matter is set to begin on November 16, 2021 at 8:30 a.m. in Courtroom 518 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. In accordance with its prior Order, the Court will ensure access for alleged victims and any members of the Defendants family. Dkt. No. 344. In order to comply with the Districts COVID-19 protocols, a number of pool reporters will be permitted in the courtroom proper as managed by the District Executives Office. Press will also be able to access the proceeding in dedicated overflow press rooms. The public will be able to access the proceeding in overflow Courtrooms 110 and 906 of the Thurgood Marshall U.S. Courthouse. These overflow rooms will have live video and audio feeds of the proceeding. The use of any electronic devices during the proceeding in the overflow rooms is strictly prohibited. (Signed by Judge Alison J. Nathan on 11/15/2021) (See ORDER set forth) (ap) (Entered: 11/15/2021) 11/15/2021 464 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/15/2021 re: Late Receipt of Govt Disclosures to MDC (Sternheim, Bobbi) (Entered: 11/15/2021) 11/15/2021 465 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 11/1/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Michael McDaniel, (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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (Moya, Goretti) (Entered: 11/15/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 69/113 DOJ-OGR-00020691 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page74 of 208 A-70 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/15/2021 | 466 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 11/1/21 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.... (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 | 467 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 11/10/21 before Judge Alison J. Nathan, Court Reporter/Transcriber: Sonya Ketter Moore, (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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 | 468 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 11/10/21 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.... (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 | 469 | MEMO ENDORSEMENT as to Ghislaine Maxwell re: 464 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/15/2021 re: Late Receipt of Govt Disclosures to MDC. ENDORSEMENT: It appears that the mail referenced in this letter was sent prior to the Court's memo endorsement of the Government's November 8, 2021 letter. Dkt. Nos. 422, 425. In any event, as this matter is less than two weeks before trial, the Government is ordered to send materials via FedEx and provide the tracking number to defense counsel. (Signed by Judge Alison J. Nathan on 11/15/2021) (ap) (Entered: 11/16/2021) 11/15/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan:Pretrial Conference as to Ghislaine Maxwell held on 11/15/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Rebecca Forman. See Transcript. (jw) (Entered: 12/09/2021) 11/15/2021 | | Terminated Deadlines and Hearings as to Ghislaine Maxwell: (jw) (Entered: 12/09/2021) 11/16/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Voir Dire held on 11/16/2021 as to Ghislaine Maxwell. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell, Laura Menninger and Renato Stabile. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Eve Giniger and Khris Sellin. Jury selection began. Jury selection adjourned to Wednesday, November 17, 2021 at 8:30 AM. See transcript. (jbo) (Entered: 11/19/2021) 11/17/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: (Jury Selection) Jury Trial as to Ghislaine Maxwell held on 11/17/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell, Laura Menninger and Renato Stabile. AUSA Lara Pomerantz, Maurene Comey, and Alison Moe for the government. Court Reporters Eve Giniger and Khris Sellin. Jury selection held. Jury selection adjourned to Thursday, November 18, 2021 at 8:30 AM. See transcript. (jbo) (Entered: 11/19/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 70/113 DOJ-OGR-00020692 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page75 of 208 A-71 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | Date | Number | Description | |------------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 11/18/2021 | 470 | 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 November 18, 2021 re: Courtroom sketch artists Document filed by USA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rohrbach, Andrew) (Entered: 11/18/2021) | | 11/18/2021 | 471 | ORDER as to Ghislaine Maxwell: IT HEREBY IS ORDERED: 1. That courtroom sketch artists whether in the courtroom or overflow rooms may not draw exact likenesses of the Protected Witnesses; and 2. For avoidance of doubt, courtroom sketch artists may confer with the Court or counsel for either party to determine whether a witness is a Protected Witness, SO ORDERED. (Signed by Judge Alison J. Nathan on 11/18/2021) (lnl) (Entered: 11/18/2021) | | 11/18/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: (Jury Selection) Jury Trial as to Ghislaine Maxwell held on 11/18/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell, Laura Menninger and Renato Stabile. AUSA Lara Pomerantz, Maurene Comey and Alison Moe for the government. Court Reporters Eve Giniger and Khris Sellin. Jury selection held. Jury selection adjourned until Monday, November 29, 2021 at 9:00 AM. See transcript. (jbo) (Entered: 11/19/2021) | | 11/19/2021 | 472 | ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Patrick J. Smith dated 11/18/21 re: We respectfully request that the Court approve Jordana H. Feldman being added to the ECF docket in this case as a movant.....ENDORSEMENT: The Clerk of Court is respectfully directed to add Jordana H. Feldman to the ECF docket in this case as a "movant". SO ORDERED. (Signed by Judge Alison J. Nathan on 11/19/21)(jw) (Entered: 11/19/2021) | | 11/19/2021 | 473 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter motion to quash the Defendants Rule 17(c)(3) subpoena. That motion has been filed temporarily under seal to allow the parties the opportunity to propose limited redactions. The parties are hereby ORDERED to file any proposed redactions on the public docket on or before November 22, 2021, and to justify any requested redactions by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (Signed by Judge Alison J. Nathan on 11/19/21) (jw) (Entered: 11/19/2021) | | 11/19/2021 | 474 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter motion dated November 18, 2021. That motion has been filed temporarily under seal to allow the parties the opportunity to propose limited redactions. Defendant is hereby ORDERED to file a response on or before November 20, 2021. The parties are FURTHER ORDERED to file any proposed redactions to the motion papers on the public docket on or before November 22, 2021, justifying any requested redactions by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (Defendant Responses due by 11/20/2021) (Signed by Judge Alison J. Nathan on 11/19/21)(jw) (Entered: 11/19/2021) | | 11/19/2021 | 475 | JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/19/21 re: Video Monitor (Everdell, Christian) (Entered: 11/19/2021) | | 11/19/2021 | 476 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's supplemental letter regarding Government Exhibit 52, Dkt. No. 457, and the Defendants response, which has been temporarily filed under seal to allow the parties the opportunity to request limited redactions. The Government is hereby ORDERED to file a reply to Defendants response on or before 12:00 p.m. on November 21, 2021. The letter reply should address the Defendants argument that Employee-1 cannot authenticate https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 71/113 DOJ-OGR-00020693 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page76 of 208 A-72 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Government Exhibit 52 because Mr. Rodriguez, a former employee, purportedly removed the document from the property before Employee-1 began working for Mr. Epstein. The parties are FURTHER ORDERED to file any proposed redactions to the motion papers on the public docket on or before November 22, 2021, justifying any requested redactions by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (Government Replies by 11/21/2021). (Signed by Judge Alison J. Nathan on 11/19/21)(jw) (Entered: 11/19/2021) 11/19/2021 477 ORDER as to Ghislaine Maxwell. On October 29, 2021, Defendant filed a motion in limine to exclude evidence related to Accuser-3. Dkt. Nos. 387, 444. The Court twice heard argument related to this motion, including extensive argument at the November 10, 2021 in camera hearing that was sealed pursuant to Federal Rule of Evidence 412. See generally Nov. 1, 2021 Transcript; Nov. 10, 2021 Transcript. The Court has also considered supplemental briefing from the parties. That briefing has been filed temporarily under seal to permit the parties the opportunity to propose redactions in accordance with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In a Memorandum Opinion & Order filed under temporary seal, the Court GRANTS in part and DENIES in part the Defendant's motion. The Memorandum Opinion & Order lays out the permissible and impermissible testimony that may be offered by this witness based on Rules 412, 404, 401, and 403. The Court will send the temporarily sealed Memorandum Opinion & Order to the parties. By November 21, 2021, the parties are ORDERED to inform the Court whether either seeks sealing or limited redactions of the Courts Memorandum Opinion & Order and of the supplemental briefing, justifying any such request by reference to Federal Rule of Evidence 412(c)(2) and/or the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). (Signed by Judge Alison J. Nathan on 11/19/2021)(jw) (Entered: 11/19/2021) 11/19/2021 478 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 November 19, 2021 re: Courtroom Connect Document filed by USA. (Comey, Maurene) (Entered: 11/19/2021) 11/19/2021 690 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. Before the Court is the Defendant's fourth motion in limine to "exclude evidence related to Accuser-3," to whom the Court refers as Witness-3, on the grounds that the testimony is not direct evidence of the charged conspiracies and is inadmissible under Federal Rules of Evidence 404(b) and 403. Dkt. Nos. 387, 444. The Court has twice heard argument related to this motion, including argument at the November 10, 2021 in camera hearing that was sealed pursuant to Federal Rule of Evidence 412. See generally Nov. 1, 2021 Transcript; Nov. 10, 2021 Transcript. At the November 1, 2021 hearing, the Court provided a brief explanation of its current position based on the information then before it, but the Court ultimately reserved ruling pending additional briefing. The Court is now in receipt of the parties' additional briefing and accordingly is prepared to resolve the motion.(See Footnote 1 on this Memorandum Opinion & Order). The Government now proffers that the anticipated testimony of Witness-3 will describe how she met the Defendant and her relationship with the Defendant and Mr. Epstein. In particular, Witness-3 is anticipated to testify how Defendant introduced her to Mr. Epstein, how massages progressed to involve sexual activity, and Ms. Maxwell's role in facilitating those massages. Based on all of the information now before the Court, including a substantially more detailed proffer by the Government as to the anticipated testimony, see Gov. Supp. Ltr. at 2-3 (Nov. 5, 2021); see also Dkt. No. 452 at 42-43, the Court concludes that some of the anticipated testimony may serve as direct evidence of the Mann Act counts....[*** See this Memorandum Opinion & ***]... The parties may submit any requested edits to the proposed limiting instructions that are consistent with the Court's ruling or indicate that they have --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page77 of 208 A-73 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 none on or before November 21, 2021. This resolves Dkt. Nos. 387, 444. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/19/2021)(bw) (Entered: 06/29/2022) 11/21/2021 479 LETTER by Jordana H. Feldman as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Patrick J. Smith dated 11/15/2021 re: Rule 17(c)(3) Subpoena to Jordana H. Feldman Document filed by Jordana H. Feldman. (Smith, Patrick) (Entered: 11/21/2021) 11/21/2021 480 MOTION Authorizing a Subpoena Pursuant to Fed. R. Crim. P 17(c)(3) . Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1)(Pagliuca, Jeffrey) (Entered: 11/21/2021) 11/21/2021 481 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 21, 2021 re: Redactions related to Witness-3 . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/21/2021) 11/21/2021 482 ORDER as to Ghislaine Maxwell. On November 1, 2021, the Defense noticed eight expert witnesses. Def. Br., Ex. 1 ("Notice"). On November 8, 2021, the Government filed a motion to partially preclude the testimony of two of those experts, Dr. Dietz and Dr. Loftus. Govt Br., Dkt. No. 424. The Defense filed a response via email on November 12, 2021, to permit the Government the opportunity to propose redactions. In an Opinion and Order temporarily filed under seal, the Court DENIES in part and GRANTS in part the Governments motion to preclude Dr. Dietz's testimony and DENIES in part and GRANTS in part the Governments motion to preclude Dr. Loftus's testimony. It does so after considering the admissibility of the anticipated testimony under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). The Court will send the temporarily sealed Opinion & Order to the parties. By November 23, 2021, the parties are ORDERED to inform the Court whether either seeks sealing or limited redactions of the Court's Opinion & Order, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In addition, by that date, the parties are FURTHER ORDERED to file any proposed redactions to the Defenses response brief and/or supporting exhibits on the public docket, again justifying any such request by reference to the Lugosch test (Signed by Judge Alison J. Nathan on 11/21/21)(jw) (Entered: 11/22/2021) 11/21/2021 516 OPINION & ORDER as to Ghislaine Maxwell. The Court therefore denies in part and grants in part the Government's motion to preclude Dr. Dietz's testimony and denies in part and grants in part the Government's motion to preclude Dr. Loftus's testimony. This resolves docket number 424. (Signed by Judge Alison J. Nathan on 11/21/2021) (See Order set forth) (ap) (Entered: 11/29/2021) 11/22/2021 483 ORDER as to Ghislaine Maxwell. The Court will hold final pretrial conference on November 23, 2021 at 9:30 a.m. The proceeding will take place in Courtroom 318 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. In accordance with its prior Order, the Court will ensure access for alleged victims and any members of the Defendant's family. Dkt. No. 344. The public will be able to access the proceeding in overflow Courtrooms 110, 506, 905, and 906 of the Thurgood Marshall U.S. Courthouse. These overflow rooms will have live video and audio feeds of the proceeding. (Pretrial Conference set for 11/23/2021 at 09:30 AM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.). (Signed by Judge Alison J. Nathan on 11/21/21)(jw) (Entered: 11/22/2021) 11/22/2021 484 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 475 Pursuant to the Court's email of November 15, 2021, the parties respectfully submit this joint letter to request video monitors with a live feed to the trial proceedings in each of the parties' counsel https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 73/113 DOJ-OGR-00020695 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page78 of 208 A-74 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 rooms...ENDORSEMENT...To the extent that the Government is requesting that a video monitor be provided in a counsel room at 40 Foley Square, the request is granted to the extent the District Executive can accommodate the request. If the Government is requesting a video monitor in its own offices, the request is denied.The request is granted as to defense counsel's room. SO ORDERED (Signed by Judge Alison J. Nathan on 11/22/21)(jw) (Entered: 11/22/2021) 11/22/2021 485 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's proposed redactions to the parties supplemental briefing and the Court's Memorandum Opinion & Order regarding the admissibility of the anticipated testimony of Witness-3. Dkt. No. 481; see also Dkt. No. 477. Accordingly, the parties are ORDERED to file the redacted papers on the public docket by November 22, 2021, including the Government's supplemental letter regarding Witness-3 dated November 7, 2021 in response to Dkt. No. 417. The Court will file the redacted Memorandum Opinion & Order (Signed by Judge Alison J. Nathan on 11/22/21)(jw) (Entered: 11/22/2021) 11/22/2021 486 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 22, 2021 re: Proposed Redactions . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 487 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 18, 2021 re: Motion to quash Rule 17(e) subpoena . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 488 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 18, 2021 re: Authenticate birth certificates . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 489 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/20/21 re: Birth Certificates (Everdell, Christian) (Entered: 11/22/2021) 11/22/2021 490 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 15, 2021 re: Government Exhibit 52 (Pagliuca, Jeffrey) (Entered: 11/22/2021) 11/22/2021 491 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 November 21, 2021 re: Reply re GX-52 Document filed by USA. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 492 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 November 5, 2021 re: Supplemental letter re Witness-3 Document filed by USA. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 493 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 November 7, 2021 re: Witness-3 and Definitions of "Victim" Document filed by USA. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 494 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/11/21 re: Accuser-3 Evidence (Everdell, Christian) (Entered: 11/22/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 74/113 DOJ-OGR-00020696 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page79 of 208 A-75 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/22/2021 495 ORDER as to Ghislaine Maxwell. The Court will send the temporarily sealed Memorandum Opinions and Orders to the parties. By November 24, 2021, the parties are ORDERED to inform the Court whether either seeks sealing or limited redactions of the Memorandum Opinions and Orders, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In addition, by that date, the parties are FURTHER ORDERED to file any proposed redactions to the moving papers and/or supporting exhibits on the public docket, again justifying any such request by reference to the Lugosch test. (Signed by Judge Alison J. Nathan on 11/22/21)(jw) (Entered: 11/23/2021) 11/22/2021 496 ORDER 486 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 22, 2021 re: Proposed Redactions. The Court is in receipt of the Government's Administrator Feldman's, and two anticipated witnesses' motions to quash the Defendant's Rule 17(c)(3) subpoena. Dkt. No. 486. The motions to quash are DENIED. The Court hereby ORDERS the Administrator of the Epstein Victims' Compensation Program to produce to the Court via electronic thumb drive any materials responsive to the subpoena as soon as possible, but no later than 12:00 p.m. on November 24, 2021. Accordingly, the parties shall negotiate a protective order and submit the proposal for approval by the Court no later than 12:00 p.m. on November 24, 2021 (Signed by Judge Alison J. Nathan on 11/22/21) (jw) (Entered: 11/23/2021) 11/22/2021 691 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. The Defense on November 1, 2021, noticed eight expert witnesses. Def. Br., Ex. 1 ("Notice"). Two of those experts, Dr. Park Dietz and Dr. Elizabeth Loftus, are expected to offer opinions that rebut opinions of the Government's expert witness, Dr. Lisa Rocchio. The Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr. Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion. On November 15, 2021, the Government moved to fully or partially preclude the testimony of the remaining six experts. The Defense filed a response on November 19, 2021. The Court addressed the admissibility of Dr. Ryan Hall in a separate written opinion. In this opinion, the Court addresses the preliminary admissibility of Bennett Gershman based on the parties' current proffers...[*** See this Memorandum Opinion & Order ***]... III. Conclusion. The Court therefore grants the Government's motion to preclude Gershman's expert testimony. Because this is a preliminary pre-trial ruling, it is possible that facts and circumstances at trial would alter the Court's analysis. In that event, the Defense must re-raise its request to admit Gershman as an expert witness. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/22/2021)(bw) (Entered: 06/29/2022) 11/22/2021 692 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. The Defense on November 1, 2021, noticed eight expert witnesses. Def. Br., Ex. 1 ("Notice"). Two of those experts, Dr. Park Dietz and Dr. Elizabeth Loftus, are expected to offer opinions that rebut opinions of the Government's expert witness, Dr. Lisa Rocchio. The Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr. Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion. On November 15, 2021, the Government moved to fully or partially preclude the testimony of the remaining six experts. The Defense filed a response on November 19, 2021. The Court addresses the motion to preclude Dr. Hall in this separate opinion. It will address the other five experts in public rulings...[*** See this Memorandum Opinion & Order ***]... III. Conclusion. The Court therefore grants the Government's motion to preclude Dr. Hall's expert testimony. Because this is a preliminary pre-trial ruling, it is possible that facts and circumstances at trial would alter the Court's analysis. In that event, the Defense must re-raise its request to admit Dr. Hall as an expert witness. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/22/2021)(bw) (Entered: 06/29/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 75/113 DOJ-OGR-00020697 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 80 of 208 A-76 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/23/2021 497 ORDER as to Ghislaine Maxwell. As discussed at today's conference, attached is the Courts draft preliminary instructions for the sworn jury. The Court has considered both parties proposed instructions as to the Courts order that certain witnesses be permitted to testify or be referred to by first name only or pseudonym. Dkt. No. 432. The draft preliminary instructions include a limiting instruction regarding this process. The parties may suggest any proposed edits to the preliminary instructions by letter on or before November 27, 2021, or they shall indicate by that date that they have no objections or suggestions. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/23/21)(jw) (Entered: 11/23/2021) 11/23/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: (Final) Pretrial Conference as to Ghislaine Maxwell held on 11/23/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Paula Speers. Final Pretrial Conference held. See Transcript. (jbo) (Entered: 11/23/2021) 11/23/2021 498 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 23, 2021 re: Proposed redactions to Dietz/Loftus materials. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/23/2021) 11/23/2021 499 RESPONSE to Motion by Ghislaine Maxwell re: 424 MOTION to Preclude Expert Testimony of Dr. Dietz and Dr. Loftus.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Pagliuca, Jeffrey) (Entered: 11/23/2021) 11/24/2021 500 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 November 24, 2021 re: Proposed protective order Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Rohrbach, Andrew) (Entered: 11/24/2021) 11/24/2021 501 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 November 24, 2021 re: Corrected proposed protective order Document filed by USA. (Attachments: # 1 Text of Proposed Order Corrected Proposed Protective Order) (Rohrbach, Andrew) (Entered: 11/24/2021) 11/24/2021 502 ORDER as to Ghislaine Maxwell. As noted in this Court's prior order, trial in this case will commence on November 29, 2021. Dkt. No. 330. The trial will take place in Courtroom 318 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. In accordance with its prior Order, the Court will ensure access for alleged victims and members of the Defendants family. Dkt. No. 344. Per the S.D.N.Y. Response to COVID-19, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to entering the courthouse. All visitors must also have their temperature taken when they arrive at the courthouse. 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. All visitors must wear a mask that covers the persons nose and mouth. Bandannas, gaiters, and masks with valves are not permitted. If a person does not have an approved mask, a screener will provide one. 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. For more information, please see https://www.nysd.uscourts.gov/covid-19-coronavirus (Signed by Judge Alison J. Nathan on 11/24/21)(jw) (Entered: 11/24/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 76/113 DOJ-OGR-00020698 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 81 of 208 A-77 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/24/2021 503 ORDER as to Ghislaine Maxwell re: 501 The Court is in receipt of the initial production of the Epstein Victims' Compensation Program pursuant to the Rule 17(c) subpoena. See Dkt. No. 496. The Court is also in receipt of the parties' proposed protective order. Dkt. No. 501. The Court will enter the proposed protective order. Dkt. No. 496, the Court determines that the parties may review the materials under the provisions of the protective order. Dkt. No. 501. In doing so, the Court has made no determination as to the admissibility of any of the material. Accordingly, the Administrator of the Epstein Victims Compensation Program is ORDERED to produce the materials contained in the initial production to the parties as soon as possible, but no later than 7:00 p.m. on November 24, 2021. (Signed by Judge Alison J. Nathan on 11/24/21)(jw) (Entered: 11/24/2021) 11/24/2021 504 LETTER by Jordana H. Feldman as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Patrick J. Smith dated 11/23/2021 re: Document Production from Jordana H. Feldman (with proposed redactions) Document filed by Jordana H. Feldman. (Smith, Patrick) (Entered: 11/24/2021) 11/24/2021 505 PROTECTIVE ORDER as to Ghislaine Maxwell...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alison J. Nathan on 11/24/21) (Entered: 11/24/2021) 11/24/2021 506 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 24, 2021 re: Proposed redactions to Hall et al. materials. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/24/2021) 11/24/2021 507 MOTION to Preclude Expert Testimony of Dr. Ryan Hall et al. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Rohrbach, Andrew) (Entered: 11/24/2021) 11/24/2021 508 RESPONSE to Motion by Ghislaine Maxwell re: 507 MOTION to Preclude Expert Testimony of Dr. Ryan Hall et al... (Pagliuca, Jeffrey) (Entered: 11/24/2021) 11/24/2021 509 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 22, 2021 re: 507 MOTION to Preclude Expert Testimony of Dr. Ryan Hall et al.. re: File reply brief. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit Proposed reply brief, # 2 Exhibit Proposed Exhibit C)(Rohrbach, Andrew) (Entered: 11/24/2021) 11/27/2021 510 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 November 27, 2021 re: Preliminary instructions Document filed by USA. (Rohrbach, Andrew) (Entered: 11/27/2021) 11/27/2021 511 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/27/2021 re: Trial document procedure (Sternheim, Bobbi) (Entered: 11/27/2021) 11/27/2021 512 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 27, 2021 re: Court's Proposed Preliminary Instructions to the Jury (Pagliuca, Jeffrey) (Entered: 11/27/2021) 11/28/2021 515 ORDER as to Ghislaine Maxwell: The Court is in receipt of the third production of the Epstein Victims Compensation Program pursuant to the Rule 17(c) subpoena. See Dkt. Nos. 496, 503. Consistent with its prior orders, Dkt. Nos. 496, 503, the Court determines that the parties may review the materials under the provisions of the protective order. Dkt. No. 505. In doing so, the Court has made no determination as to the admissibility of any of the material. Accordingly, the Administrator of the Epstein Victims' Compensation https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 77/113 DOJ-OGR-00020699 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page82 of 208 A-78 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Program is ORDERED to produce the materials contained in the third production to the parties as soon as possible, but no later than 8:30 p.m. on November 28, 2021. (Signed by Judge Alison J. Nathan on 11/28/2021) (ap) (Entered: 11/29/2021) 11/29/2021 513 ORDER as to Ghislaine Maxwell: The Court is in receipt of the second production of the Epstein Victims Compensation Program pursuant to the Rule 17(c) subpoena. See Dkt. Nos. 496, 503. The Administrator provided the materials via a secure FTP site, which the Court concludes is sufficient. Consistent with its prior orders, Dkt. Nos. 496, 503, the Court determines that the parties may review the materials under the provisions of the protective order. Dkt. No. 505. In doing so, the Court has made no determination as to the admissibility of any of the material. Accordingly, the Administrator of the Epstein Victims Compensation Program is ORDERED to produce the materials contained in the second production to the parties as soon as possible, but no later than 5:00 p.m. on November 27, 2021. (Signed by Judge Alison J. Nathan on 11/27/2021) (ap) (Entered: 11/29/2021) 11/29/2021 514 ORDER as to Ghislaine Maxwell: The Court is in receipt of the Government's letter motion to preclude certain lines of cross-examination of Government witnesses. The Court hereby GRANTS the Government's request to file the letter motion under seal in order to protect the privacy interests of anticipated witnesses, including those who are subject to the Court's pseudonym order. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). The Defendant is hereby ORDERED to respond by today, November 28, 2021, at 2:00 p.m. (Responses due by 11/28/2021) (Signed by Judge Alison J. Nathan on 11/28/2021) (ap) (Entered: 11/29/2021) 11/29/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Selection / Jury Trial as to Ghislaine Maxwell held on 11/29/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski Jury selection held. Jury trial begins. See Transcript. (jbo) (Entered: 12/02/2021) 11/30/2021 517 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 November 30, 2021 re: Defense exhibits Document filed by USA. (Rohrbach, Andrew) (Entered: 11/30/2021) 11/30/2021 518 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 30, 2021 re: Fed. R. Crim. P. 16(b)(1)(A) (Pagliuca, Jeffrey) (Entered: 11/30/2021) 11/30/2021 519 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 30, 2021 re: Pseudonyms (Pagliuca, Jeffrey) (Entered: 11/30/2021) 11/30/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 11/30/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 12/02/2021) 11/30/2021 693 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' letters regarding the issue of potential cross-examination that might elicit identifying information in violation of this Court's order. See Dkt. No. 519. The Government is hereby ORDERED to provide to the Defense the information it believes falls within the categories of specifically identifying information for the current testifying witness no later than 7:00 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 78/113 DOJ-OGR-00020700 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page83 of 208 A-79 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 a.m. tomorrow morning, December 1, 2021. The Defense is ORDERED to alert the Government of any issues concerning the current testifying witness by the same time7:00 a.m. tomorrow morning, December 1, 2021. The Defense shall remain cognizant not only of its duty to avoid revealing the names of witnesses testifying under pseudonyms, but also any specifically identifying information of the protected witnesses. See Transcript, at 10-11 (Nov. 1, 2021). The parties shall then meet and confer on any disagreements. If the parties cannot reach a resolution, they may raise any issues with the Court when the parties are scheduled to appear at 8:45 a.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/30/2021)(bw) (Entered: 06/29/2022) 12/02/2021 520 ORDER as to Ghislaine Maxwell: The Clerk of Court is respectfully directed to pay the invoices received in connection with the transportation of jurors in this matter. (Signed by Judge Alison J. Nathan on 12/2/2021) (ap) (Entered: 12/03/2021) 12/02/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/2/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and Alena Lynch. Jury trial held. See Transcript. (jbo) (Entered: 12/07/2021) 12/03/2021 521 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 3, 2021 re: Witness Jane's Testimony (Attachments: # 1 Exhibit 1 (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 12/03/2021) 12/03/2021 522 JOINT 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 December 3, 2021 re: Witness Dawson Document filed by USA. (Rohrbach, Andrew) (Entered: 12/03/2021) 12/03/2021 526 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 522 Accordingly, the parties jointly and respectfully request that the Court release Michael Dawson from his obligation to return to Court on Monday...ENDORSEMENT...SO ORDERED (Signed by Judge Alison J. Nathan on 12/3/21)(jw) (Entered: 12/06/2021) 12/03/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/3/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters George Malinowski and Andrew Walker. Jury trial held. See Transcript. (jbo) (Entered: 12/07/2021) 12/04/2021 523 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 December 4, 2021 re: 900 Series of Exhibits Document filed by USA. (Rohrbach, Andrew) (Entered: 12/04/2021) 12/05/2021 524 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 5, 2021 re: Edit to Witness-3 instruction . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 12/05/2021) 12/05/2021 525 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 5, 2021 re: Response to the Government's Letter Regarding 900 Series of Exhibits (Pagliuca, Jeffrey) (Entered: 12/05/2021) 12/05/2021 527 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter motion regarding the limiting instruction for Witness-3's anticipated testimony. The https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 79/113 DOJ-OGR-00020701 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page84 of 208 A-80 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Government is hereby ORDERED to file an additional letter explaining what details regarding the alleged sexual activity the Government would seek to elicit absent instruction from the Court and in light of the Defenses opening. The Government's letter must be submitted no later than today, December 5, 2021, at 4:00 p.m. With that information, the Defense can respond to and the Court can analyze the Government's requested addition in the limiting instruction. Accordingly, the Defense is ORDERED to respond to the Government's letter motion and further response letter no later than today, December 5, 2021, at 7:00 p.m. In their letter responses the parties shall be mindful of Rule 412's requirement regarding sealing (Signed by Judge Alison J. Nathan on 12/5/21) (jw) (Entered: 12/06/2021) 12/06/2021 528 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 December 6, 2021 re: Attorney-Client Privilege Document filed by USA. (Rohrbach, Andrew) (Entered: 12/06/2021) 12/06/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/6/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 12/07/2021) 12/07/2021 Minute Entry for proceedings held before Judge Alison J. Nathan:Jury Trial as to Ghislaine Maxwell held on 12/7/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. See Transcript. (jw) (Entered: 12/13/2021) 12/08/2021 529 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 11/15/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Rebecca Forman, (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 12/29/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/8/2022. (Moya, Goretti) (Entered: 12/08/2021) 12/08/2021 530 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 11/15/21 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.... (Moya, Goretti) (Entered: 12/08/2021) 12/08/2021 531 ORDER as to Ghislaine Maxwell. Juror Number 70 is directed to submit the receipts associated with the transportation cost incurred on Wednesday 8, 2021, to the Jury Administrator. Upon receipt, the Clerk of Court is directed to reimburse Juror Number 70 for said cost. SO ORDERED (Signed by Judge Alison J. Nathan on 12/8/21)(jw) 12/08/2021 Minute Entry for proceedings held before Judge Alison J. Nathan:Jury Trial as to Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 80/113 DOJ-OGR-00020702 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 85 of 208 A-81 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 government. Court Reporters Martha Martin and George Malinowski. See Transcript (jw) (Entered: 12/13/2021) 12/09/2021 532 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 8, 2021 re: Exhibit 52 (Pagliuca, Jeffrey) (Entered: 12/09/2021) 12/09/2021 533 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 8, 2021 re: Admission of GX 52. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rohrbach, Andrew) (Entered: 12/09/2021) 12/09/2021 534 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 9, 2021 re: Proposed redactions to Dkt. No. 533. Document filed by USA as to Ghislaine Maxwell.(Rohrbach, Andrew) (Entered: 12/09/2021) 12/09/2021 535 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. The Government seeks to admit what has been identified as Government Exhibit 52 ("GX 52"), and submit to the jury a redacted version of GX 52. The Defense objects to the admission of GX 52 on authentication and hearsay grounds. The admissibility of the exhibit has been the subject of pretrial motion in limine briefing and extensive supplemental briefing. See Dkt. Nos. 390, 397, 398, 457, 476, 490. This includes supplemental briefing received on December 8, 2021, after the authenticating witness, Mr. Juan Alessi, underwent direct examination by the Government and voir dire by the Defense. The Court reserved ruling on the exhibit, pending what was anticipated to be additional testimony. Trial Tr. at 876. The Court now overrules the Defenses objections. The parties are ORDERED to confer and propose a limiting instruction consistent with this ruling on or before today, December 9, 2021, at 7:00 p.m. The parties are FURTHER ORDERED to confer and prepare a stipulation that Government Exhibits 52A, 52D, 52E, 52F, 52G, and 52H are true and correct photocopies of five pages from GX 52. See Trial Tr. at 858. (Signed by Judge Alison J. Nathan on 12/9/21)(jw) (Entered: 12/10/2021) 12/09/2021 Minute Entry for proceedings held before Judge Alison J. Nathan:Jury Trial as to Ghislaine Maxwell held on 12/9/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. See transcript. (jw) (Entered: 12/13/2021) 12/10/2021 536 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 11/23/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (Moya, Goretti) (Entered: 12/10/2021) 12/10/2021 537 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 11/23/21 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.... (Moya, Goretti) (Entered: 12/10/2021) 12/10/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/10/2021. Defendant Ghislaine Maxwell present with https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 81/113 DOJ-OGR-00020703 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page86 of 208 A-82 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski Jury trial held. See Transcript. (jbo) (Entered: 12/20/2021) 12/11/2021 | 538 | 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 December 9, 2021 re: Limiting instruction for GX 52 Document filed by USA. (Rohrbach, Andrew) (Entered: 12/11/2021) 12/12/2021 | 539 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 12, 2021 re: Defense witness order . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 12/12/2021) 12/12/2021 | 540 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 12/12/2021 re: Order of Defense Witnesses (Sternheim, Bobbi) (Entered: 12/12/2021) 12/13/2021 | 541 | 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 December 13, 2021 re: Privilege stipulation Document filed by USA. (Rohrbach, Andrew) (Entered: 12/13/2021) 12/14/2021 | 542 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Defense's letter dated December 13, 2021, regarding anticipated witnesses. The Government is ORDERED to submit a response no later than today, December 14, 2021, at 10:00 p.m. The Defense is FURTHER ORDERED to provide a copy of its anticipated witness order to the Court no later than today, December 14, 2021, at 12:00 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/14/2021)(bw) (Entered: 12/14/2021) 12/14/2021 | 543 | SEALED DOCUMENT placed in vault. (jus) (Entered: 12/14/2021) 12/14/2021 | 544 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 13, 2021 re: Jack Scarola, Brad Edwards and Robert Glassman (Attachments: # 1 Exhibit 1 (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 12/15/2021) 12/15/2021 | 545 | 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 December 14, 2021 re: Testimony from Victim Counsel Document filed by USA. (Rohrbach, Andrew) (Entered: 12/15/2021) 12/15/2021 | 546 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 15, 2021 re: Proposed redactions to Privilege Letters. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 12/15/2021) 12/15/2021 | 547 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 12/15/2021 re: Opposition to restriction on expert testimony (Sternheim, Bobbi) (Entered: 12/15/2021) 12/15/2021 | 548 | MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. The Defense on December 12, 2021, moved to permit three anticipated witnesses to testify under a pseudonym or their first names only. The Government filed a letter opposing this request on December 14, 2021. The Defense's primary contention is that some form of anonymity for its witnesses is justified by the same reasons that the Court permitted three alleged victims and two related government witnesses to testify under pseudonyms. The Court disagrees with this basic premise and denies the Defense's motion....[*** See this https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 82/113 DOJ-OGR-00020704 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page87 of 208 A-83 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Memorandum Opinion & Order ***... Last, the Court emphasizes that while it currently denies the Defense's motion, the Defense may of course raise, and the Court will consider, objections that particular lines of questioning into witnesses' backgrounds or lives are irrelevant, cumulative, intended to harass, or otherwise inappropriate. See, e.g., Smith v. Illinois, 390 U.S. 129, 133 (1968) (emphasizing that even when anonymity is not warranted, the court has a duty to protect a witness "from questions which go beyond the bounds of proper cross-examination merely to harass, annoy or humiliate him"). SO ORDERED. (Signed by Judge Alison J. Nathan on 12/15/2021)(bw) (Entered: 12/16/2021) 12/15/2021 694 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's motion to preclude certain testimony of defense witnesses, dated December 15, 2021. The Defense is ORDERED to submit a response as follows: - A response to the motion with respect to Dr. Loftus by today, December 15, 2021, at 7:45 p.m. - A response to the motion with respect to Alexander Hamilton by tomorrow, December 16, 2021, at 7:00 a.m. - A response to the motion with respect to the other anticipated witnesses by tomorrow, December 16, 2021, at 5:00 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/15/2021)(bw) (Entered: 06/29/2022) 12/16/2021 551 ORDER as to Ghislaine Maxwell: The Court is in receipt of the parties' joint letter regarding the admission of prior inconsistent statements. The parties' letter notes "that many of these statements raise one of two questions: (1) must counsel show the witness the prior inconsistent statement under Rule 613(b), and (2) is a statement admissible when the witness affirms that the 3500 material contains the inconsistent statement and also expresses disagreement with the substance." The parties are hereby ORDERED to submit a letter citing authority (beyond the rule itself) for their respective positions. The parties are FURTHER ORDERED to indicate each disputed prior inconsistent statement that was read into the record. Letters must be submitted as soon as possible but no later than today, December 16, 2021, at 10:15 p.m. The parties are FURTHER ORDERED to docket their respective letters by tomorrow, December 17, 2021, at 8:00 a.m. (Signed by Judge Alison J. Nathan on 12/16/2021) (ap) Modified on 12/17/2021 (ap). (Entered: 12/17/2021) 12/16/2021 552 ORDER as to Ghislaine Maxwell: The Court denies the motion for the remaining witnesses the Government seeks to preclude. (Signed by Judge Alison J. Nathan on 12/16/2021) (ap) (Entered: 12/17/2021) 12/16/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/16/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski Jury trial held. See Transcript. (jbo) (Entered: 12/20/2021) 12/17/2021 549 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 December 17, 2021 re: Law enforcement witness testimony Document filed by USA. (Attachments: # 1 Exhibit A)(Rohrbach, Andrew) (Entered: 12/17/2021) 12/17/2021 550 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 December 16, 2021 re: Prior inconsistent statements Document filed by USA. (Rohrbach, Andrew) (Entered: 12/17/2021) 12/17/2021 553 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 16, 2021 re: Prior Inconsistent Statements (Pagliuca, Jeffrey) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 83/113 DOJ-OGR-00020705 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page88 of 208 A-84 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 (Entered: 12/17/2021) 12/17/2021 562 ORDER as to Ghislaine Maxwell. Attached is the draft jury charge and draft verdict sheet. Counsel shall be prepared to provide at the charging conference tomorrow, December 18, 2021, specific suggestions (with supporting authority if available) for any requested changes (Signed by Judge Alison J. Nathan on 12/17/21)(jw) (Entered: 12/20/2021) 12/17/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/17/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski Jury trial held. See Transcript. (jbo) (Entered: 12/20/2021) 12/18/2021 554 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 December 18, 2021 re: Jury instructions Document filed by USA. (Rohrbach, Andrew) (Entered: 12/18/2021) 12/18/2021 555 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 15, 2021 re: Ms. Maxwell's Response to Government's Motion to Preclude Certain Testimony by Alexander Hamilton (Pagliuca, Jeffrey) (Entered: 12/18/2021) 12/18/2021 563 ORDER as to Ghislaine Maxwell. The charging conference for this matter was held today, December 18, 2021. Attached to this Order are redline and clean copies of the draft jury charge and draft verdict form that incorporate all changes discussed at the conference, or by the Government's subsequent letter, Dkt. No. 554, and adopted by the Court. The Court also edited "a minor" to be "an individual under the age of 18" on page 38, line 19, and deleted "or foreign" on page 28, line 5, as consistent with the agreed upon edits at conference. No later than tomorrow, December 19, 2021, at 12:00 p.m., the parties may inform the Court in writing of any errors that were the result of the Court's inputting the changes from todays charging conference. (Signed by Judge Alison J. Nathan on 12/18/21)(jw) (Entered: 12/20/2021) 12/18/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/18/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Khris Sellin and Paula Speers. Jury trial held. See Transcript. (jbo) (Entered: 12/22/2021) 12/19/2021 556 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 December 19, 2021 re: Jury charge Document filed by USA. (Rohrbach, Andrew) (Entered: 12/19/2021) 12/19/2021 557 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 12/19/2021 re: Letter re: Jury Charge (Sternheim, Bobbi) (Entered: 12/19/2021) 12/19/2021 558 JOINT 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 December 19, 2021 re: Closing logistics Document filed by USA. (Rohrbach, Andrew) (Entered: 12/19/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 84/113 DOJ-OGR-00020706 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page89 of 208 A-85 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 12/19/2021 | 559 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 19, 2021 re: Redacted exhibits. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 12/19/2021) | 12/19/2021 | 560 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 558 The parties respectfully submit this letter regarding the logistics for public access for closing arguments. The parties propose that they will release a public version of their slides (to the extent they do not contain sealed materials) following the conclusion of the trial day on the same basis that they have been releasing public exhibits during trial...ENDORSEMENT...The parties previously indicated to the Court that they did not intend to make the visuals of the closing argument presentations public. The Court accordingly ordered the parties to confer on a proposal so as to ensure public access. For the reasons provided by the parties, the Court adopts the parties' proposal. Versions of the closing argument visual presentations with narrowly tailored redactions (e.g., redactions to protect the anonymity of witnesses the Court has permitted to testify under pseudonyms) shall be made available to the public within two hours of the completion of closing arguments. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/19/2021)(jw) (Entered: 12/20/2021) | 12/19/2021 | 561 | MEMO ENDORSEMENT 559 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 19, 2021 re: Redacted exhibits...ENDORSEMENT...SO ORDERED (Signed by Judge Alison J. Nathan on 12/19/21) (jw) (Entered: 12/20/2021) | 12/19/2021 | 564 | ORDER as to Ghislaine Maxwell. The parties are hereby ORDERED by 9:00 a.m. tomorrow, December 20, 2021, to docket or otherwise make publicly available all admitted exhibits. The parties shall confer on and propose narrowly tailored redactions for any exhibits admitted temporarily under seal. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/19/21)(jw) (Entered: 12/20/2021) | 12/19/2021 | 565 | ORDER as to Ghislaine Maxwell. Attached to this Order are the final versions of the jury charge and verdict form. Per the parties' letters, the Court adopted the Government's proposed edit to Instruction No. 19. See Dkt. Nos. 556, 557. (Signed by Judge Alison J. Nathan on 12/19/21)(jw) (Entered: 12/20/2021) | 12/20/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/20/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 12/22/2021) | 12/21/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/21/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Martha Martin. Jury trial held. See Transcript. (jbo) (Entered: 12/22/2021) | 12/22/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/22/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 01/10/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 85/113 DOJ-OGR-00020707 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page90 of 208 A-86 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 12/27/2021 | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/27/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Martha Martin. Jury trial held. See Transcript. (jbo) (Entered: 01/10/2022) 12/28/2021 | 566 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 27, 2021 re: Supplemental Instruction (Everdell, Christian) (Entered: 12/28/2021) 12/28/2021 | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/28/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 01/10/2022) 12/29/2021 | Minute Entry for proceedings held before Judge Alison J. Nathan:Jury Trial as to Ghislaine Maxwell held on 12/29/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Khris Sellin. Defendant found GUILTY on Counts 1,3,4,5, 6. Defendant found NOT GUILTY on Count 2. Jury trial concluded. (jw) (Entered: 01/11/2022) 12/29/2021 | JURY VERDICT as to Ghislaine Maxwell (1) Guilty on Count 1ss,3ss,4ss,5ss,6ss; Not Guilty on Count 2ss. (jw) (Entered: 06/29/2022) 01/03/2022 | 567 ORDER as to Ghislaine Maxwell. The parties are ORDERED to submit a joint letter by January 10, 2022, proposing a briefing schedule for the Defendant's Rule 29 motion and proposing a schedule for sentencing. The joint letter should also propose a schedule for the severed perjury counts. The Defense also inquired about a booster shot for the Defendant. The Court has been advised that MDC is making booster shots available within a week of receiving a request from an inmate. Defense counsel is accordingly advised to follow the MDC's instructions for requesting a booster. If a request is made and a booster not provided, Defense counsel may make a further application to the Court. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/3/2022)(bw) (Entered: 01/03/2022) 01/05/2022 | 568 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated January 5, 2022 re: Inquiry . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 01/05/2022) 01/05/2022 | 569 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 1/5/22 re: Juror Issue (Redacted) (Everdell, Christian) (Entered: 01/05/2022) 01/05/2022 | 570 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated January 5, 2022 re: Ms. Maxwell's Response to Government's Letter re Juror's Statements (Dkt. 568) (Pagliuca, Jeffrey) (Entered: 01/05/2022) 01/05/2022 | 571 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' letters. Dkt. Nos. 568, 569, 570. The Court hereby sets the following briefing schedule for the Defense to move for a new trial in light of the issues raised in the parties' letters: Defense motion: January 19, 2022; Government response: February 2, 2022; Defense reply: February 9, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 86/113 DOJ-OGR-00020708 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page91 of 208 A-87 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 2022. The parties' briefing should address whether an inquiry of some kind is permitted and/or required, and, if so, the nature of such inquiry. Although the Court reserves decision on whether an inquiry of any kind is warranted, the Court grants the Government's request, Dkt. No. 568, to offer court-appointed counsel to the juror in issue. Subject to the juror's right to decline court-appointed counsel, the Court will appoint the on-duty CJA counsel to represent the juror. If counsel for the juror wishes to be heard on the issue of the appropriateness of an inquiry, briefing by the juror's counsel may be filed by January 26, 2022. The Court will not adjourn post-trial briefing on other issues as requested by the Defense, Dkt. No. 569, but sets the following schedule for any other post-verdict motion by the Defense: Defense motion: February 4, 2022; Government opposition: February 18, 2022; Defense reply: March 4, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/5/2022) (bw) (Entered: 01/05/2022) 01/05/2022 572 NOTICE of Notice of Appearance for Jury Number 50 as to Ghislaine Maxwell (Spodek, Todd) (Entered: 01/05/2022) 01/05/2022 573 ORDER as to Ghislaine Maxwell. A notice of appearance has been filed by retained counsel on behalf of Juror Number 50. See Dkt. No. 572. Retained counsel has communicated to the Court that the juror does not wish to have counsel appointed. Accordingly, the Court will not appoint CJA counsel as indicated in its prior order. See Dkt. No. 571. Counsel for Juror Number 50 is directed to review Dkt. No. 571. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/5/2022)(bw) (Entered: 01/06/2022) 01/10/2022 574 JOINT 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 10, 2022 re: Scheduling Document filed by USA. (Rohrbach, Andrew) (Entered: 01/10/2022) 01/12/2022 575 ORDER as to Ghislaine Maxwell. The parties are ORDERED to submit via email any proposed redactions on or before January 13, 2022, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). If any redactions are proposed, the Court will determine whether any are appropriate and then docket the motion. The parties shall respond to Juror 50s motion on or before January 20, 2022. Upon further reflection, unless and until Juror No. 50 is permitted to intervene, he may have no standing to be heard on the question of whether an inquiry should be conducted. Accordingly, the Court withdraws the aspect of its prior order setting January 26, 2022, as the date by which counsel for Juror 50 should file a submission on the issue of the appropriateness of an inquiry. Dkt. No. 571. The Court will hear from the parties first regarding Juror 50's pending motion. Depending on the resolution of that motion, the Court will provide further guidance to counsel for Juror 50 regarding any permitted submission. If a further submission is permitted, the Court will provide ECF docketing access to counsel for Juror 50 at that time (Signed by Judge Alison J. Nathan on 1/12/22)(jw) (Entered: 01/12/2022) 01/14/2022 576 ORDER as to Ghislaine Maxwell. The Court required the parties to indicate whether Juror 50's motion to intervene and to be provided a copy of the jurors completed questionnaire and voir dire should be redacted. Dkt. No. 575. In response, the parties have submitted letters to the Court indicating their differing views on whether Juror 50s motion should be docketed at all. Upon further reflection, the Courtconcludes that it must first address the threshold question of whether an inquiry is permittedand/or required before considering Juror 50s requests. Accordingly, the Court will not consider or act on Juror 50's request to intervene and to be provided a copy of the jurors completed questionnaire and voir dire until the Court receives the parties briefing on the appropriateness of an inquiry and the nature of any such inquiry. The Court will maintain Juror 50's motion temporarily under seal until the Court considers the parties arguments https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 87/113 DOJ-OGR-00020709 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page92 of 208 A-88 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 and determines the appropriate next steps. Consistent with this and to (Signed by Judge Alison J. Nathan on 1/14/22))(jw) (Entered: 01/14/2022) 01/14/2022 577 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' joint letter regarding a schedule for sentencing and resolution of the severed perjury counts. Dkt. No. 574. The Court hereby schedules the sentencing in this matter for June 28, 2022, at 11:00 a.m. The Court will delay ordering the preparation of a presentence investigation report until April 2022. The Court previously set the schedule for briefing on the new trial motion as well as all other post-verdict motions. Dkt. No. 571. That schedule remains in place. The Court adopts the parties' proposal that the scheduling of any proceedings related to the severed perjury counts be deferred until the post-verdict motions are resolved. By January 18, 2022, the Government shall indicate in a joint letter whether it is seeking an exclusion of time under the Speedy Trial Act for the perjury counts and the basis for any requested exclusion. In the joint letter, the defense shall indicate whether it consents to the proposed exclusion of time (Sentencing set for 6/28/2022 at 11:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/14/22)(jw) (Entered: 01/14/2022) 01/18/2022 578 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated January 18, 2022 re: Speedy Trial Act Document filed by USA. (Moe, Alison) (Entered: 01/18/2022) 01/19/2022 579 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 578 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated January 18, 2022 re: Speedy Trial Act. ENDORSEMENT: With respect to Counts 7 and 8, the Court hereby excludes time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), from today's date through April 1, 2022. The Court finds that the ends of justice served by granting this exclusion from speedy trial computations outweigh the interests of the public and the defendant in a speedy trial on these counts because the time is necessary for the parties to research and brief post-trial motions. (Signed by Judge Alison J. Nathan on 1/19/2022) (ap) (Entered: 01/19/2022) 01/19/2022 580 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 01/19/2022 re: Letter to Court re: Motion for New Trial (Sternheim, Bobbi) (Entered: 01/19/2022) 01/24/2022 581 LETTER addressed to Judge Alison J. Nathan from Christine N. Walz, Sanford L. Bohrer and Cynthia A. Gierhart dated 1/21/22 re: Miami Herald letter regarding the Filing of Ms. Maxwell's Motion for a New Trial Under Seal (Dkt. 580) (jw) (Entered: 01/24/2022) 01/25/2022 582 FILING ERROR - DEFICIENT DOCKET ENTRY - WRONG FILER - LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Nathan Siegel dated 1/25/2022 re: Letter from Nathan Siegel on behalf of American Broadcasting Companies, Inc., and NBCUniversal News Group to Hon. Alison J. Nathan Joining the Requests of The Miami Herald (Dkt. No. 581) and the New York Times to Oppose Sealing, and Requesting Additional Unsealing Document filed by USA. (Siegel, Nathan) Modified on 1/26/2022 (lb). (Entered: 01/25/2022) 01/25/2022 583 LETTER addressed to Judge Alison J. Nathan from David E. McCraw dated 1/24/2022 re: Letter by the NY Times Company.(jw) Modified on 1/25/2022 (jw). (Entered: 01/25/2022) 01/26/2022 584 ORDER as to Ghislaine Maxwell. As a post-trial housekeeping matter, Court staff directed the parties via email to complete the process of providing copies of Court Exhibits with narrowly tailored redactions (e.g., redactions to protect the anonymity of jurors and of witnesses the Court permitted to testify under pseudonyms) for the Court to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 88/113 DOJ-OGR-00020710 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 93 of 208 A-89 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 docket. The Government subsequently submitted one court exhibit with the name unredacted of a witness subject to the Court's anonymity order. Subsequently the Defense indicated in a temporarily sealed letter why the name was unredacted. The Government is accordingly ORDERED to docket a letter on ECF on or before January 28, 2022, indicating why a redaction is no longer being sought for the name of this witness. Once the Government confirms in that letter that it no longer seeks redaction of the name, then the Defense may file the temporarily sealed letter on the docket without redaction of the name. The Court will then docket all Court Exhibits. (Signed by Judge Alison J. Nathan on 1/26/22)(jw) (Entered: 01/26/2022) 01/26/2022 585 ORDER as to Ghislaine Maxwell. The Court is in receipt of Defendant's motion for a new trial and accompanying exhibits, which she requests to file under seal. See Dkt. No. 580. The Court has also received requests from media organizations to unseal the motion. The Court is aware there is substantial public interest in this matter and will ensure that the First Amendment right to public access is fully safeguarded. At the same time, the Court must act deliberately and hear from the parties in considering these sealing issues in order to ensure the integrity of any potential inquiry process going forward, should one be ordered. That too is in the public, as well as the Defendant's and the Government's, interest. Accordingly, to the extent the Defense requests that arguments in favor of sealing should themselves be sealed, that request is DENIED. Arguments in favor of sealing can be made in such a way so as not to undermine the grounds for seeking sealing or redaction in the first instance. The Defense is therefore ORDERED to file a letter on the public docket on or before February 1, 2022, that justifies the proposed sealing by reference to the three-part test in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Government may file on ECF a response to the Defenses justification letter on or before February 4, 2022. The Government's opposition to the Defenses new trial motion is due February 2, 2022, Dkt. No. 571. Per the established practice in this case, the Government must provide a copy via email to the Defense to allow the Defense the opportunity to propose narrowly tailored redactions and/or sealing. If either party proposes redactions to or sealing of the Government's anticipated opposition, a letter justifying such redactions or sealing must be filed on the public docket. The Defense letter must be filed on or before February 8, 2022, and the Government letter must be filed by February 11, 2022. The same process will apply for any Defense reply in support, which is due February 9, 2022, Dkt. No. 571. If redactions or sealing are proposed, the Defense letter justifying such requests would be due February 15, 2022, and the Government letter would be due February 18, 2022. The parties are FURTHER ORDERED to address the New York Times Company's motion to unseal the filled-out questionnaires for the twelve seated jurors. See Dkt. No. 583. Letters by both parties must be submitted via ECF on or before February 11, 2022. SO ORDERED (Signed by Judge Alison J. Nathan on 1/26/2022)(jw) (Entered: 01/26/2022) 01/26/2022 586 LETTER addressed to Judge Alison J. Nathan from Matthew A. Leish dated 1/26/2022 re: I write on behalf of Daily News, L.P. (jw) (Entered: 01/26/2022) 01/27/2022 587 LETTER addressed to Judge Alison J. Nathan from Nathan Siegel dated 1/26/2022 re: Letter addressed to Judge Alison J. Nathan on behalf of American Broadcasting Companies, Inc and NBC Universal News Group (jw) (Entered: 01/27/2022) 01/28/2022 588 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, 2022 re: Redaction of Witness Name (Pomerantz, Lara) (Entered: 01/28/2022) 01/28/2022 589 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 1/28/22 re: Redaction (Everdell, Christian) (Entered: 01/28/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152211896-L_1_0-1 89/113 DOJ-OGR-00020711 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page94 of 208 A-90 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 02/01/2022 | 590 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 2/1/22 re: Sealing Motion for New Trial (Everdell, Christian) (Entered: 02/01/2022) | 02/01/2022 | 591 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 2/1/22 re: Extension of Time (Everdell, Christian) (Entered: 02/01/2022) | 02/02/2022 | 592 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 591 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 2/1/22 re: Extension of Time. ENDORSEMENT: The extension request is hereby GRANTED. The briefing schedule for other post-verdict motions is revised as follows: - Defense submission: February 11, 2022. Government response: February 25, 2022. Defense reply: March 11, 2022. (Motions due by 2/11/2022. Responses due by 2/25/2022. Replies due by 3/11/2022) (Signed by Judge Alison J. Nathan on 2/2/2022) (ap) (Entered: 02/02/2022) | 02/04/2022 | 593 | ORDER as to Ghislaine Maxwell: As a post-trial house-keeping matter, attached to this Order are the Court Exhibits. The parties have proposed redactions to several exhibits and the sealing of Court Exhibit 4. The Court concludes that the proposed redactions are consistent with the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and narrowly tailored. The redactions serve the purpose of protecting the anonymity of jurors and of victim-witnesses subject to the Court's anonymity order. With respect to Court Exhibit 4, rather than seal the entire document, the Court has redacted the information that would potentially identify the victim-witness who testified pursuant to the Court's anonymity order. Unredacted copies of the Court Exhibits will be filed under seal. (Signed by Judge Alison J. Nathan on 2/4/2022)(ap) (Entered: 02/04/2022) | 02/04/2022 | 594 | 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 February 4, 2022 re: Opposition to Defendant's Sealing Request Document filed by USA. (Pomerantz, Lara) (Entered: 02/04/2022) | 02/08/2022 | 595 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 2/8/2022 re: Request for Sealing (Sternheim, Bobbi) (Entered: 02/08/2022) | 02/11/2022 | 596 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' letters addressing the Defendant's request to temporarily seal her motion for a new trial and accompanying exhibits, and the Government's response in opposition and accompanying exhibits. See Dkt. Nos. 590, 594, 595. Several media organizations have also filed letters seeking unsealing. The Court is also in receipt of Juror 50's motion to intervene. Both the Government and the Defendant oppose intervention. The Defendant seeks to strike or, in the alternative, seal Juror 50's motion. For the reasons outlined more fully below, the Court rules as follows. First, the Defendant's motion to temporarily seal in their entirety all documents related to the motion for a new trial is DENIED. Any sealing of judicial documents must be narrowly tailored to serve competing interests. (Signed by Judge Alison J. Nathan on 2/11/2022)(jw) (Entered: 02/11/2022) | 02/11/2022 | 597 | ORDER as to Ghislaine Maxwell. The Court's chambers received the attached letter via email from counsel for the National Association of Criminal Defense Lawyers (NACDL) seeking leave to file an amicus brief regarding the Defendant's motion for a new trial. The Court issues this Order in response. If any party wishes to file an amicus brief concerning the Defendant's motion for a new trial, it may submit to the Court via email a motion for leave to do so on or before February 18, 2022. The Court will only consider such a https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 90/113 DOJ-OGR-00020712 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page95 of 208 A-91 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 motion if: It is timely submitted by February 18, 2022; (Amicus Brief due by 2/18/2022) (Signed by Judge Alison J. Nathan on 2/11/22)(jw) (Entered: 02/11/2022) 02/11/2022 598 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated February 11, 2022 re: motion by the New York Times Company. Document filed by USA. (Moe, Alison) (Entered: 02/11/2022) 02/11/2022 599 MOTION for New Trial to Obtain Relief Requested in Memorandum in Support of Post-Trial Motions. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 02/11/2022) 02/11/2022 600 MEMORANDUM in Support by Ghislaine Maxwell re 599 MOTION for New Trial to Obtain Relief Requested in Memorandum in Support of Post-Trial Motions.. OMNIBUS MEMORANDUM in Support by Ghislaine Maxwell re Post-Trial Motions (Everdell, Christian) (Entered: 02/12/2022) 02/15/2022 601 SEALED DOCUMENT placed in vault. (jus) (Entered: 02/15/2022) 02/16/2022 602 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 02/16/2022 re: Letter in Response to Dkt. 596 (Sternheim, Bobbi) (Entered: 02/16/2022) 02/16/2022 603 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated February 16, 2022 re: Letter regarding proposed redactions. Document filed by USA. (Moe, Alison) (Entered: 02/16/2022) 02/17/2022 604 MEMO ENDORSEMENT as to Ghislaine Maxwell on MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF. ENDORSEMENT: The request for leave to file an amicus brief in accordance with this Court's February 11, 2022 order is GRANTED. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/17/2022) (lnl) (Entered: 02/17/2022) 02/18/2022 605 ORDER as to Ghislaine Maxwell: The parties are hereby ORDERED to re-submit via email revised redactions to the parties' briefing on the Defendant's motion for a new trial by February 22, 2022. The revised proposed redactions shall be consistent with this Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/18/2022) (lnl) (Entered: 02/18/2022) 02/21/2022 606 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 02/21/2022 re: Letter in Response to Dkt. 605 (Sternheim, Bobbi) (Entered: 02/21/2022) 02/24/2022 607 ORDER as to Ghislaine Maxwell: The Court is in receipt of the Defendant's proposed redactions revised in response to this Court's order. See Dkt. Nos. 605, 606. The Court has reviewed the proposed redactions and concludes that they are in accordance with its prior orders. See Dkt. Nos. 596, 605. The narrowly tailored redactions further the important interests of helping ensure the integrity of any inquiry and maintaining juror anonymity and privacy. As the Court explained in its February 11 Order, these interests justify redaction of the questions the parties propose be asked at any hearing and specific factual information developed by the parties that has not been publicly reported in the press and that the parties propose be inquired about at any forthcoming hearing. Dkt. No. 596 at 4 (citing United States v. McCoy et al., No. 14 Cr. 6181 (EAW), Dkt. No. 312 (text order) (W.D.N.Y. May 26, 2017); id. Dkt. No. 329 at 38-39; Press-Enter. Co. v. Superior Ct. of Cal., Riverside Cnty., 464 U.S. 501, 511-12 (1984)). Accordingly, the parties are ORDERED to docket the redacted briefs, accompanying exhibits, and their January 13 letters, by February 25, 2022. The Court will docket Juror 50's motion. As noted in its prior Order, following the Court's resolution of the Defendant's motion or a hearing, all https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 91/113 DOJ-OGR-00020713 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page96 of 208 A-92 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 redactions will be promptly unsealed except those necessary to protect any continuing interest in juror anonymity and privacy. See United States v. Amodeo, 44 F.3d 141, 146-47 (2d Cir. 1995); see also Press-Enter. Co., 478 U.S. at 14. (Signed by Judge Alison J. Nathan on 2/24/2022) (ap) (Entered: 02/24/2022) 02/24/2022 608 NOTICE OF MOTION TO INTERVENE AND FOR THE RELEASE OF DOCUMENTS UNDER SEAL. Document filed as to Ghislaine Maxwell. (ap) (Entered: 02/24/2022) 02/24/2022 609 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO INTERVENE AND FOR RELEASE OF SEALED JURY QUESTIONNAIRE AND TRANSCRIPT, ON BEHALF OF PROPOSED INTERVENOR, JUROR 50 as to Ghislaine Maxwell re: 608 MOTION. (ap) (Entered: 02/24/2022) 02/24/2022 610 ORDER as to Ghislaine Maxwell: for the reasons fully explained in the Opinion & Order, a hearing is necessary to resolve the Defendant's motion. Because of the important interest in the finality of judgments, the standard for obtaining a post-verdict hearing is high. The Court concludes, and the Government concedes, that the demanding standard for holding a post-verdict evidentiary hearing is met as to whether Juror 50 failed to respond truthfully during the jury selection process to whether he was a victim of sexual abuse. Following trial, Juror 50 made several direct, unambiguous statements to multiple media outlets about his own experience that do not pertain to jury deliberations and that cast doubt on the accuracy of his responses during jury selection. Juror 50's post-trial statements are "clear, strong, substantial and incontrovertible evidence that a specific, non-speculative impropriety"-namely, a false statement during jury selection has occurred. United States v. Baker, 899 F.3d 123, 130 (2d Cir. 2018). To be clear, the potential impropriety is not that someone with a history of sexual abuse may have served on the jury. Rather, it is the potential failure to respond truthfully to questions during the jury selection process that asked for that material information so that any potential bias could be explored. In contrast, the demanding standard for ordering an evidentiary hearing is not met as to the conduct of any other juror. The Court DENIES the request to conduct a hearing with respect to the other jurors. The Court also DENIES the Defendant's request for a broader hearing and pre-hearing discovery. The Court therefore ORDERS that a hearing take place at which the Court will question Juror 50 under oath. The Court further ORDERS that Juror 50's questionnaire be unsealed, for the reasons explained in the Opinion & Order. The Court will email counsel for Juror 50 a copy of his questionnaire and a copy of this Order. As also explained in the Opinion & Order, the Court will conduct the questioning at the public hearing with input from counsel for the Defendant and the Government. The parties may submit by email proposed questions in accordance with the Opinion & Order on or before March 1, 2022. The hearing will take place on March 8, 2022, at 10:00 a.m. The Court ORDERS Juror 50 to appear in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York at that date and time to give testimony under oath in response to the Court's questions. The Court will ensure public access and will provide information on public access as soon as it is available. The Court will send the temporarily sealed Opinion & Order to the parties. By noon on February 25, 2022, the parties are ORDERED to inform the Court whether either seeks limited redactions to the Opinion & Order, conforming any requests to this Court's prior order, Dkt. No. 596, and justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). (Status Conference set for 3/8/2022 at 10:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 2/24/2022) (ap) Modified on 2/25/2022 (ap). (Entered: 02/24/2022) 02/24/2022 611 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 92/113 DOJ-OGR-00020714 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 97 of 208 A-93 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 February 24, 2022 re: Court's February 24, 2022 Order (Dkt. No. 610) Document filed by USA. (Pomerantz, Lara) (Entered: 02/24/2022) 02/24/2022 | 612 | LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated January 13, 2022 re: Ms. Maxwell's Request for Juror 50's Memorandum of Law in Support of Motion to Intervene, Jury Questionnaire and Transcript Remain Under Seal Upon Resolution of Her Motion for a New Trial. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/24/2022) 02/24/2022 | 613 | MOTION for New Trial. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pagliuca, Jeffrey) (Entered: 02/24/2022) 02/24/2022 | 614 | AMICUS CURIAE BRIEF OF THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS. The Court should not allow any juror to thwart its screening process by giving inaccurate answers and thereby create such a grave potential, realized in this case, for depriving the defendant of her right to a fair trial. A new trial is required. Document filed as to Ghislaine Maxwell. (See BRIEF set forth) (ap) (Entered: 02/24/2022) 02/24/2022 | 615 | MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 613 MOTION for New Trial. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pomerantz, Lara) (Entered: 02/24/2022) 02/24/2022 | 616 | REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 613 MOTION for New Trial. (Attachments: # 1 Exhibit 3 (1 of 3), # 2 Exhibit 3 (2 of 3), # 3 Exhibit 3 (3 of 3)) (Pagliuca, Jeffrey) (Entered: 02/24/2022) 02/24/2022 | 617 | 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 13, 2022 re: Juror 50's Motion to Intervene Document filed by USA. (Pomerantz, Lara) (Entered: 02/24/2022) 02/24/2022 | 618 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 02/24/2022 re: Letter in Response to Dkt 610 (Sternheim, Bobbi) (Entered: 02/24/2022) 02/25/2022 | 619 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 618 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 02/24/2022 re: Letter in Response to Dkt 610. ENDORSEMENT: The Court approves the Defense's proposed redactions, which are narrowly tailored to redact specific categories of questions the Court may ask at the forthcoming hearing. Consistent with this Court's prior order, such redactions help ensure the integrity of the forthcoming hearing. See Dkt. No. 596. The Court will docket the redacted Opinion & Order. As noted in the prior order, the redactions will be promptly unsealed following the hearing. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/25/2022)(lnl) (Entered: 02/25/2022) 02/25/2022 | 620 | OPINION & ORDER as to Ghislaine Maxwell: For the reasons stated above, the Court will hold a hearing regarding Juror 50's answers to Questions 25 and 48 of the questionnaire. The public proceeding will take place on March 8, 2022, at 10:00 a.m. Juror 50 is hereby ORDERED to appear in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York at that date and time to give testimony under oath in response to the Court's questions. Counsel for the Defendant and the Government are ORDERED to submit via email proposed questions in accordance with this Opinion & Order on or before March 1, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/24/2022) (lnl) (Main Document 620 replaced on 3/9/2022) (jw). (Entered: 02/25/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 93/113 DOJ-OGR-00020715 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page98 of 208 A-94 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 02/25/2022 | 621 | MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 599 MOTION for New Trial to Obtain Relief Requested in Memorandum in Support of Post-Trial Motions.. (Rohrbach, Andrew) (Entered: 02/25/2022) | 02/28/2022 | 622 | SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/28/2022) | 02/28/2022 | 623 | SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/28/2022) | 03/01/2022 | 635 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey/Alison Moe/Lara Pomerantz/Andrew Rohrbach dated 3/1/22 re: Dear Judge Nathan; In accordance with the Courts February 24, 2022 Opinion and Order (Dkt. No. 620), the Government respectfully submits this letter to propose questions for the public hearing at which the Court will question Juror 50 under oath….. Document filed by USA. (jbo) (Entered: 03/09/2022) | 03/01/2022 | 636 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from defense counsel Christian R. Everdell dated 3/1/22 re: Dear Judge Nathan: We write in response to the Courts order, dated February 24, 2022, permitting the parties to submit proposed questions to the Court for the hearing related to Ms. Maxwells Motion for a New Trial. Dkt. 610….. (jbo) (Entered: 03/09/2022) | 03/02/2022 | 624 | LETTER as to USA v. Ghislaine Maxwell addressed to Judge Alison J. Nathan from Attorney Todd A. Spodek dated March 1, 2022 re: Please be advised that I represent Juror 50. I am writing in response to Your Honor’s February 24, 2022 Order (ECF No.: 610) directing Juror 50 to appear for a hearing on March 8, 2022. I write to inform the Court that Juror 50 will invoke his Fifth Amendment privilege against self-incrimination at the hearing. (bw) (Entered: 03/02/2022) | 03/02/2022 | 625 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, Andrew Rohrbach, dated March 1, 2022 re: By letter dated March 1, 2022, counsel for Juror 50 informed the Court that Juror 50 will invoke his Fifth Amendment privilege against self-incrimination at the hearing scheduled for March 8, 2022. The Government writes to notify the Court that it is in the process of seeking internal approval to seek an order, pursuant to 18 U.S.C. §§ 6002 and 6003, compelling Juror 50’s testimony at the hearing. The Government will, subject to internal approval, submit a proposed order to the Court in advance of the hearing.(bw) (Entered: 03/02/2022) | 03/02/2022 | | ***DELETED DOCUMENT. Deleted document number 626 SEALED DOCUMENT placed in vault, as to Ghislaine Maxwell. The document was incorrectly filed in this case. (nmo) (Entered: 03/02/2022) | 03/02/2022 | 626 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 03/02/2022 re: Juror 50’s intent to assert 5th Amendment and potential immunity (Sternheim, Bobbi) (Entered: 03/02/2022) | 03/02/2022 | 627 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated March 2, 2022 re: Ms. Maxwells Request for adjournment of hearing on Motion for New Trial (Pagliuca, Jeffrey) (Entered: 03/02/2022) | 03/02/2022 | 628 | 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 March 2, 2022 re: Opposition to Defendant’s Adjournment Request Document filed by USA. (Pomerantz, Lara) (Entered: 03/02/2022) | 03/03/2022 | 629 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 626 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Attorney Bobbi C Sternheim dated 03/02/2022 re: Juror 50’s intent to assert 5th Amendment and potential immunity. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 94/113 DOJ-OGR-00020716 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page99 of 208 A-95 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 ENDORSEMENT: No grounds are offered for entitlement to the requested proffer, and the Court is not aware of any basis for granting the request. DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/3/2022)(bw) (Entered: 03/03/2022) 03/03/2022 630 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 627 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Attorney Jeffrey S. Pagliuca dated March 2, 2022 re: Ms. Maxwells Request for adjournment of hearing on Motion for New Trial. ENDORSEMENT: The requested two-month adjournment to May is not justified and is therefore DENIED. Two of the Defendant's four attorneys are able to be present and represent the Defendant at the March 8 hearing. The Court will conduct the questioning at the hearing, and the parties have already submitted briefing and proposed questions. The public interest in a reasonably prompt hearing outweighs the Defendant's preference for an adjournment. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/3/2022)(bw) (Entered: 03/03/2022) 03/03/2022 631 ORDER as to Ghislaine Maxwell. As noted in this Court's prior order, a hearing on the Defendant's motion for a new trial is scheduled for March 8, 2022, at 10:00 a.m. Dkt. No. 610. The hearing location is hereby changed to Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York.[***]... Per the S.D.N.Y. Response to COVID-19, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to entering the courthouse. Only persons who meet the entry requirements established by the questionnaire will be allowed to enter the courthouse. All visitors must wear an N95, KN95, or KF94 mask at all times. Surgical masks, cloth masks, bandannas, gaiters, and masks with valves are not permitted. If a person does not have an approved mask, a screener will provide one. 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. For more information, please see https://www.nysd.uscourts.gov/covid-19-coronavirus. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/3/2022)(bw) (Entered: 03/03/2022) 03/07/2022 632 MOTION Application under 18 U.S.C. §§ 6002 and 6003 . Document filed by USA as to Ghislaine Maxwell. (Pomerantz, Lara) (Entered: 03/07/2022) 03/08/2022 Minute Entry for proceedings held before Judge Alison J. Nathan:Motion Hearing as to Ghislaine Maxwell held on 3/8/2022. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim and Christian Everdell, AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Juror 50 present with retained counsel Todd Spodek. Court Reporters Mike McDaniel and Kelly Surina. See transcript. Defendant remains remanded. (jw) (Entered: 03/09/2022) 03/09/2022 633 SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/09/2022) 03/09/2022 634 SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/09/2022) 03/09/2022 637 ORDER as to Ghislaine Maxwell... ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, ----- give testimony at said hearing; and IT IS FURTHER ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, no testimony or other information compelled under this Order, or any information directly or indirectly derived from such testimony or other information, may be used against ----- in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. This Order shall become effective only if after the date of this Order ----- ----- refuses to testify on the basis of his privilege against self-incrimination. (Signed by Judge Alison J. Nathan on 3/8/22)(jbo) (Entered: 03/09/2022) 03/09/2022 638 HEARING EXHIBIT 1 as to Ghislaine Maxwell. (jbo) (Entered: 03/09/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 95/113 DOJ-OGR-00020717 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page100 of 208 A-96 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 03/09/2022 639 ORDER as to Ghislaine Maxwell. As indicated at yesterday's hearing, the Court has docketed the unredacted copy of the Court's February 24, 2022, Opinion & Order, the Government's proposed questions, the Defendant's proposed questions with limited redactions, the signed immunity order with limited redactions and Hearing Exhibit 1. The limited redactions to the signed immunity order and the Defendants proposed questions are narrowly tailored to further the interest of protecting juror anonymity. The Court will file the unredacted documents under seal. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/9/22)(jbo) (Entered: 03/09/2022) 03/10/2022 640 ORDER as to Ghislaine Maxwell. Per the Court's instruction at the March 8 hearing, the parties submitted revised redactions to their briefing on the Defendants motion for a new trial. The Court rejects the Defendant's proposed redaction to page 8, lines 6-7 of her reply because it is not necessary to protect any continuing interest in juror anonymity and privacy. See Dkt. No. 607. The Court concludes that the remaining proposed redactions are narrowly tailored to further the important interest of protecting juror anonymity and privacy. Press-Enter. Co. v. Superior Ct. of Cal., Riverside Cnty., 464 U.S. 501, 511-12 (1984). The parties are ORDERED to file the redacted briefs (with the above noted line unredacted) on the docket on or before March 11, 2022. The Court will file the unredacted briefs under seal. (Signed by Judge Alison J. Nathan on 3/10/2022)(jw) 03/10/2022 641 SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/10/2022) 03/11/2022 642 MOTION for New Trial . Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, Exhibit 3)(Pagliuca, Jeffrey); Modified on 6/29/2022 (bw). (Entered: 03/11/2022) 03/11/2022 643 MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 642 MOTION for New Trial . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pomerantz, Lara) (Entered: 03/11/2022) 03/11/2022 644 REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 642 MOTION for New Trial .. (Attachments: # 1 Exhibit 3 (1 of 3), # 2 Exhibit 3 (2 of 3), # 3 Exhibit 3 (3of 3)) (Pagliuca, Jeffrey) (Entered: 03/11/2022) 03/11/2022 645 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 3/8/22 before Judge Alison J. Nathan. Court Reporter/Transcriber: Michael McDaniel, (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 4/1/2022. Release of Transcript Restriction set for 6/9/2022. (Moya, Goretti) (Entered: 03/11/2022) 03/11/2022 646 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/22 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.... (Moya, Goretti) (Entered: 03/11/2022) 03/11/2022 647 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 599 MOTION for New Trial to Obtain Relief Requested in Memorandum in Support of Post-Trial Motions . . (Everdell, Christian) (Entered: 03/11/2022) 03/15/2022 648 MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 642 MOTION for New Trial .. (Pomerantz, Lara) (Entered: 03/15/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 96/113 DOJ-OGR-00020718 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page101 of 208 A-97 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | Date Filed | Document Number | Description | | --- | --- | --- | | 03/15/2022 | 649 | MEMORANDUM in Support by Ghislaine Maxwell re 642 MOTION for New Trial .. (Sternheim, Bobbi) (Entered: 03/15/2022) | | 04/01/2022 | 650 | LETTER MOTION addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 1, 2022 re: Speedy Trial Act . Document filed by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 04/01/2022) | | 04/01/2022 | 651 | MOTION to Stay re: 649 Memorandum in Support of Motion, 642 MOTION for New Trial ., 644 Reply to Response to Motion . Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 04/01/2022) | | 04/01/2022 | 652 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Vernon S. Broderick from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 1, 2022 re: opposition to defendant's April 1, 2022 letter. Document filed by USA. (Moe, Alison) (Entered: 04/01/2022) | | 04/01/2022 | | ***DELETED DOCUMENT. Deleted docket entry, no document number. NOTICE OF CASE REASSIGNMENT, as to Ghislaine Maxwell. The document was incorrectly filed in this case. (bw) (Entered: 04/01/2022) | | 04/01/2022 | | REMARK as to USA v. Ghislaine Maxwell. Case reassigned to Judge Broderick due to an administrative error. Case returned to Judge Nathan. (bw) (Entered: 04/01/2022) | | 04/01/2022 | 653 | OPINION & ORDER as to Ghislaine Maxwell. The Court concludes that Juror 50 testified credibly and truthfully at the post-trial hearing. His failure to disclose his prior sexual abuse during the jury selection process was highly unfortunate, but not deliberate. The Court further concludes that Juror 50 harbored no bias toward the Defendant and could serve as a fair and impartial juror. The requirements for a new trial under McDonough are not satisfied. The Defendant's motion for a new trial pursuant to Rule 33 is therefore DENIED. The Court orders the preparation of the presentence investigation report. With respect to Counts 7 and 8, the Court hereby excludes time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), from today's date through April 22, 2022. The Court finds that the ends of justice served by granting this exclusion from speedy trial computations outweigh the interests of the public and the Defendant in a speedy trial on these counts because the pending post-trial motions affect the scheduling considerations set forth in the Government's January 10, 2022 letter. See Dkt. No. 574. The Defendant consents to this exclusion. Dkt. No. 650. The Court will rule on the Defendant's remaining post-verdict motions in due course. Sentencing remains scheduled for June 28, 2022. This resolves docket numbers 613, 614, 642, 650, and 651. (Signed by Judge Alison J. Nathan on 4/1/2022) (See ORDER set forth) (ap) (Entered: 04/01/2022) | | 04/04/2022 | 654 | SEALED DOCUMENT placed in vault. (nmo) (Entered: 04/04/2022) | | 04/25/2022 | 655 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated April 25, 2022 re: Advance PSR Deadline . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 04/25/2022) | | 04/26/2022 | 656 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter regarding the deadline for the disclosure of the Presentence Investigation Report. Dkt. No. 655. After conferring with the Probation Office, the Court determines that advancing the PSR disclosure schedule will aid the parties in preparing their sentencing submissions. Further the Court hereby adjusts its standard sentencing submission schedule to ensure sufficient time to prepare for sentencing. Accordingly, the Court ORDERS the following schedule for sentencing: May 24, 2022 - First PSR disclosure; May 31, 2022 - Defendant objections due; June 6, 2022 - Government response due; June 9, 2022 - Second PSR disclosure; June 15, 2022 - Defendant sentencing submission due; | https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 97/113 DOJ-OGR-00020719 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page102 of 208 A-98 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 June 22, 2022 - Government sentencing submission due; June 28, 2022 - Sentencing. This resolves Dkt. No. 655. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/26/2022) (bw) (Entered: 04/26/2022) 04/29/2022 | 657 | OPINION & ORDER as to Ghislaine Maxwell....[*** See this Opinion & Order ***]...V. Conclusion. For the foregoing reasons, the Court denies the Defendant's Rule 29 motion because the jury's guilty verdicts were supported by the witness testimony and documentary evidence presented at trial. The Court denies the Defendant's motion based on constructive amendment or variance because the Government's evidence at trial, and summation all captured the core of criminality charged in the Indictment, and the Defendant was not prejudiced by any alleged variance. Further, because the Government neither intentionally delayed its prosecution nor was the Defendant prejudiced by any delay, the Court also denies the Defendant's motion based on pre-indictment delay. Finally, the Court grants the Defendant's motion as to multiplicity. The Government concedes that Count One is multiplicitous with Count Three, and the Court further concludes that Count Five is multiplicitous with Count Three. Count Five, like Counts One and Three, charged the Defendant's participation in the same decade-long unlawful agreement with the Defendant's continuous coconspirator, Jeffrey Epstein, to groom and sexually abuse underage girls. Accordingly, the Court will enter judgment of conviction on Counts Three, Four, and Six. The Defendant's sentencing date remains scheduled for June 28, 2022. The Court previously set a schedule for sentencing submissions that remains in effect. Dkt. No. 656. This resolves Dkt. No. 599. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/29/2022)(bw) (Entered: 04/29/2022) 05/10/2022 | 658 | LETTER MOTION addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 05/10/2022 re: 2-day extension to file sentencing submission . Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 05/10/2022) 05/11/2022 | 659 | MEMO ENDORSEMENT 658 LETTER MOTION addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 05/10/2022 re: 2-day extension to file sentencing submission...ENDORSEMENT..The request is DENIED. SO ORDERED (Signed by Judge Alison J. Nathan on 5/11/2022) (jw) (Entered: 05/11/2022) 05/11/2022 | 660 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated May 11, 2022 re: Speedy Trial Exclusion . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 05/11/2022) 05/11/2022 | 661 | MEMO ENDORSEMENT as to Ghislaine Maxwell (1) on 660 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated May 11, 2022 re: Speedy Trial Exclusion. ENDORSEMENT: SO ORDERED. (Signed by Alison J. Nathan, U.S. Circuit Judge Sitting by designation on 5/11/2022) (ap) (Entered: 05/11/2022) 06/15/2022 | 662 | MEMORANDUM OF LAW in Support by Ghislaine Maxwell Memorandum of Ghislaine Maxwell in Support of Her Objections to the Presentence Investigation Report. (Everdell, Christian) (Entered: 06/15/2022) 06/15/2022 | 663 | SENTENCING SUBMISSION by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 06/15/2022) 06/17/2022 | 664 | ORDER as to Ghislaine Maxwell: As noted in this Court's prior order, sentencing in this matter is scheduled for June 28, 2022, at 11:00 a.m. Dkt. No. 577. The sentencing proceeding will take place in Courtroom 318 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Substantial seating for members of the press and public will be available in Courtroom 318. Overflow courtrooms will be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 98/113 DOJ-OGR-00020720 --- PAGE BREAK --- Case 22-1426, Document 57 02/28/2023, 3475900, Page103 of 208 A-99 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 available if needed. The overflow rooms will have live video and audio feeds of the proceeding. The use of any electronic devices in Courtroom 318 or the overflow courtrooms is prohibited. The District Executive's Office will coordinate seating in Courtroom 318 and the overflow courtrooms. The Court will ensure access for any victims. Victim access will be coordinated between the Victim Witness Unit and the District Executives Office. Defense counsel may coordinate access for members of the Defendant's family with the District Executive's Office. Wendy Olson, Coordinator, Victim Witness Unit, United States Attorney's Office, (212) 637-1028, Wendy.Olson@usdoj.gov; Joseph Pecorino, District Executive's Office, United States District Court, Southern District of New York, (212) 805-0513, Joseph_Pecorino@nysd.uscourts.gov. For information on Courthouse entry protocols, please see https://www.nysd.uscourts.gov/covid-19-coronavirus. (Signed by Judge Alison J. Nathan on 6/17/2022) (ap) (Entered: 06/17/2022) 06/21/2022 665 ORDER as to Ghislaine Maxwell: The Court is in receipt of a letter submitted by an attorney for two individuals seeking to speak as victims at sentencing. The Defendant submitted a letter in response. No party requested redactions or sealing of the letters. The Court will docket the letters. Any victim seeking to make a statement at sentencing shall contact the Victim Witness Unit of the United States Attorneys Office: Wendy Olson, Coordinator Victim Witness Unit United States Attorneys Office, (212) 637-1028, Wendy.Olson@usdoj.gov. A victim seeking to make a statement must submit a written statement by email to the Victim Witness Unit by noon on Thursday, June 23, 2022. In addition to submitting the written statement, the submission must note whether the victim seeks to make an oral statement at sentencing and provide a basis for entitlement to make a statement under the Crime Victims Rights Act, 18 U.S.C. § 3771. Statements that do not conform to this process will not be permitted. The Government is ORDERED to inform the Defendant of any anticipated victim impact statements by 2:00 p.m. on Thursday, June 23, 2022. If either party objects to any statement, the objection and statement being objected to must be filed with the Court by 2:00 p.m. on Friday, June 24, 2022. Any statements to which the parties do not object must be submitted to the Court by 5:00 p.m. on that same date. The Government is FURTHER ORDERED to confirm with the Court by noon tomorrow, June 22, 2022, that victims have been notified of the rights described in the CVRA, consistent with 18 U.S.C. § 3771(c)(1). (Signed by Judge Alison J. Nathan on 6/21/2022) (ap) (Entered: 06/21/2022) 06/21/2022 666 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan, from Robert Y. Lewis dated 6/14/2022 re: Victims' counsel writes a letter regarding sentencing. (ap) (Entered: 06/21/2022) 06/21/2022 667 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan, from Bobbi C. Sternheim dated 6/17/2022 re: Defense counsel writes regarding sealing of certain documents. (ap) (Entered: 06/21/2022) 06/21/2022 668 ORDER as to Ghislaine Maxwell: This order corrects the contact information for Wendy Olsen contained in the Court's original order, Dkt. No. 665. The Court is in receipt of a letter submitted by an attorney for two individuals seeking to speak as victims at sentencing. The Defendant submitted a letter in response. No party requested redactions or sealing of the letters. The Court will docket the letters. Any victim seeking to make a statement at sentencing shall contact the Victim Witness Unit of the United States Attorney's Office: Wendy Olsen, Coordinator Victim Witness Unit United States Attorney's Office, (212) 637-1028, Wendy.Olsen@usdoj.gov. A victim seeking to make a statement must submit a written statement by email to the Victim Witness Unit by noon on Thursday, June 23, 2022. In addition to submitting the written statement, the submission must note whether the victim seeks to make an oral statement at sentencing and provide a basis for entitlement to make a statement under the Crime Victims' Rights Act, 18 U.S.C. § 3771. Statements that do not conform to this process will not be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 99/113 DOJ-OGR-00020721 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page104 of 208 A-100 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 permitted. The Government is ORDERED to inform the Defendant of any anticipated victim impact statements by 2:00 p.m. on Thursday, June 23, 2022. If either party objects to any statement, the objection and statement being objected to must be filed with the Court by 2:00 p.m. on Friday, June 24, 2022. Any statements to which the parties do not object must be submitted to the Court by 5:00 p.m. on that same date. The Government is FURTHER ORDERED to confirm with the Court by noon tomorrow, June 22, 2022, that victims have been notified of the rights described in the CVRA, consistent with 18 U.S.C. § 3771(c)(1). (Signed by Judge Alison J. Nathan on 6/21/20221) (ap) (Entered: 06/21/2022) 06/22/2022 669 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 June 22, 2022 re: CVRA Notice Document filed by USA. (Comey, Maurene) (Entered: 06/22/2022) 06/22/2022 670 SENTENCING SUBMISSION by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 06/22/2022) 06/24/2022 671 ORDER as to Ghislaine Maxwell: The Government is ORDERED to provide its position on the proposed victim impact statements and the Defendant's objections and redaction requests by 5:00 p.m. today, June 24, 2022. The Government's letter should be docketed with any proposed redactions. Defense counsel is ORDERED to docket its letter regarding proposed victim impact statements and accompanying exhibits with any proposed redactions by 5:00 p.m. today, June 24, 2022. (Signed by Judge Alison J. Nathan on 6/24/2022) (ap) (Entered: 06/24/2022) 06/24/2022 672 LETTER MOTION addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 06/24/2022 re: 668 Order, 671 Order, 665 Order, re: Challenge to standing under CVRA. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 06/24/2022) 06/24/2022 673 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 June 24, 2022 re: CVRA submissions Document filed by USA. (Rohrbach, Andrew) (Entered: 06/24/2022) 06/24/2022 674 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Lara Pomerantz, Alison Moe, and Andrew Rohrbach dated June 24, 2022 re: Victim Impact Statements Document filed by USA. (Comey, Maurene) (Entered: 06/24/2022) 06/24/2022 682 ORDER as to Ghislaine Maxwell. The Crime Victims' Rights Act (CVRA) "guarantees to the victims of federal crimes an array of substantive and participatory rights, including the rights to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding, to confer with the attorney for the Government in the case, and to receive full and timely restitution as provided in law." United States v. Murillo-Bejerano (In re Rendon Galvis), 564 F.3d 170, 174 (2d Cir. 2009) (per curiam) (cleaned up). "In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded th[ose] rights." 18 U.S.C. § 3771(b)(1). In accordance with the procedure required by this Court's prior order, Dkt. No. 671, the Government has provided statements from seven individuals asserting they are crime victims under the CVRA. As explained below, the Court will permit all seven individuals to provide statements and the Defendant's request for redactions is denied...[*** See this Order ***]... In sum, all seven written statements received by the Court are deemed part of the record. The Court will consider them only for what they permissibly may be considered. The Government shall promptly docket the written statements without redactions. Annie Farmer, Kate, and Virginia Giuffre may --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page105 of 208 A-101 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 present an in-person statement at sentencing if they wish to do so. The Government shall provide copies of this Order to counsel for the seven individuals who submitted statements by no later than today, June 24, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/24/22, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/27/2022) 06/25/2022 675 NOTICE of Motion to be Heard at Sentencing as to Ghislaine Maxwell re: 668 Order,,,,,,,. (Attachments: # 1 Affidavit Declaration of RYL ISO Motion, # 2 Exhibit Victim Impact Statement of Sarah Ransome, # 3 Exhibit Victim Impact Statement of Elizabeth Stein)(Marsh, James) (Entered: 06/25/2022) 06/25/2022 676 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 06/25/2022 re: Opposition to Dkt 675 (Sternheim, Bobbi) (Entered: 06/25/2022) 06/25/2022 677 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 06/25/2022 re: Notice of Possible Request for Adjournment of Sentencing (Sternheim, Bobbi) (Entered: 06/25/2022) 06/25/2022 683 ORDER as to Ghislaine Maxwell. The parties are ORDERED to submit their positions on Ms. Ransome and Ms. Stein's motion, Dkt. No. 675, which the Court received for the first time today, by 10:00 a.m. tomorrow, June 26, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/25/2022, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/27/2022) 06/25/2022 685 ORDER as to Ghislaine Maxwell. Immediately upon receipt of the Defendant's letter, Dkt. No. 677, the Court directly contacted the Warden for MDC. He informed the Court that after meeting with defense counsel today, the Defendant was permitted to retain legal documents and a writing implement, to which she has had continuous access. Further, the Warden represented to the Court that first thing tomorrow morning (Sunday, June 26) he will confirm that the Defendant has access to requested legal materials to prepare for sentencing. The Government is ORDERED to confer with the Warden for MDC or MDC Legal Counsel as follow-up to the Court's conversation and to provide an update to the Court by 2:00 p.m. tomorrow, June 26, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/25/2022, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/27/2022) 06/26/2022 678 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan re: CVRA. Document filed by USA. (Moe, Alison) (Entered: 06/26/2022) 06/26/2022 679 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Lara Pomerantz, Alison Moe, and Andrew Rohrbach dated June 26, 2022 re: Update from MDC Document filed by USA. (Comey, Maurene) (Entered: 06/26/2022) 06/26/2022 680 Sentencing Letter by Ghislaine Maxwell addressed to Honorable Alison J. Nathan from Bobbi C Sternheim dated 06/26/2022 re: Supplemental Exhibit to Dkt. 663. (Sternheim, Bobbi) (Entered: 06/26/2022) 06/26/2022 681 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 June 26, 2022 re: Kate Motion Document filed by USA. (Attachments: # 1 Exhibit Kate Motion)(Pomerantz, Lara) (Entered: 06/26/2022) 06/26/2022 684 ORDER as to Ghislaine Maxwell. The Defendant's letter in response to the Court's order regarding the CVRA references a motion by Kate's attorney that accompanied her impact statement. Dkt. No. 672 at 2 n.1. The Court is not in receipt of this motion. The Government is ORDERED to docket the motion referenced by the Defendant as soon as https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 101/113 DOJ-OGR-00020723 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page106 of 208 A-102 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 possible but no later than midnight tonight, June 26, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/26/2022, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/27/2022) 06/27/2022 686 ORDER as to Ghislaine Maxwell. The Court has now received and docketed the full set of submissions related to victim impact statements that were filed in accordance with this Court's prior order. Dkt. No. 668. The Court received statements from Annie Farmer, Kate, Virginia Giuffre, Maria Farmer, Sarah Ransome, Teresa Helm, Juliette Bryant, and Elizabeth Stein. As indicated in its prior order, the Court will exercise its discretion to permit all of these individuals to be heard in writing. Dkt. No. 682. The Court also denied the Defendants redaction requests. Id. All unredacted statements are now part of the record. Dkt. Nos. 674, 675-1. Also as previously indicated in its order, the Court will permit Annie Farmer, Kate, and Virginia Giuffre to make an oral statement at sentencing if they wish to do so. Dkt. No. 682. Further, having now reviewed the full set of requests, and having heard from the Government that it does not object, Dkt. No. 678, the Court deems it feasible to exercise its discretion to permit the remaining individuals who seek to themselves make an oral statement at sentencing to do so. They are: Teresa Helm, Sarah Ransome, and Elizabeth Stein. In order to feasibly accomplish this in light of the anticipated length of the sentencing proceeding, while ensuring fairness and avoiding delay of sentencing, each individual speaking orally may read a shortened version of their previously submitted written statement. The Court deems counsel for the individuals to be responsible for ensuring that anticipated statements conform to this requirement. The Government shall promptly provide copies of this order to counsel for the eight individuals who submitted statements. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/27/2022, United States Circuit Judge, sitting by designation)(bw) (Entered: 06/27/2022) 06/27/2022 687 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid S. McCawley dated June 27, 2022 re: I am in receipt of the Court's Order, Dkt. No. 686. As explained in our submission, due to a medical issue, Ms. Giuffre is not able to be present physically in the courtroom, but has asked that I be able to read her statement at the hearing. I seek clarification of Your Honor's Order that I will be allowed to read a portion of Ms. Giuffre's statement at the hearing. ENDORSEMENT: The Court anticipates permitting counsel for CVRA victim Virginia Giuffre to read a shortened version of Ms. Giuffre's previously submitted written statement. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/27/2022, U.S. Circuit Judge, Sitting by designation)(bw) (Entered: 06/28/2022) 06/28/2022 Minute Entry for proceedings held before Judge Alison J. Nathan: Sentencing held on 6/28/2022 for Ghislaine Maxwell (1) Count 1ss,3ss,4ss,5ss,6ss. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim and Christian Everdell. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Alena Lynch and Kristen Carannante. See transcript. (jw) Modified on 6/29/2022 (jw). (Entered: 06/29/2022) 06/29/2022 688 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 583 LETTER filed by Ghislaine Maxwell addressed to Judge Alison J. Nathan from David E. McCraw dated 1/24/2022 re: Letter by the NY Times Company. ENDORSEMENT: The motion to unseal the questionnaires of the twelve seated jurors is GRANTED. The motion to unseal the Defendant's motion for a new trial is moot as the Defendant's motion for a new trial is docketed at Dkt. No. 613. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/29/2022)(bw) (Entered: 06/29/2022) 06/29/2022 689 ORDER as to Ghislaine Maxwell. As a post-trial house-keeping matter, the Court has determined that a few miscellaneous court orders failed to be docketed during trial: - November 19, 2021 Memorandum Opinion & Order re Witness-3 (Kate); - November 22, 2021 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 102/113 DOJ-OGR-00020724 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page107 of 208 A-103 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 2021 Memorandum Opinion & Order re Expert Witness Gershman; - November 22, 2021 Memorandum Opinion & Order re Expert Witness Hall; - November 30, 2021 Scheduling Order re Pseudonym Conferall; - December 15, 2021 Order re Response Schedule. The Court is now docketing those items. In order to ensure a complete docket, the parties are ORDERED to confer and determine whether any letters or briefing submitted to the Court without a redaction or sealing request remain to be docketed. The Court has determined, for example, that the parties failed to file on the docket their December 15 letter briefing and December 16 joint letter regarding witness prior inconsistent statements. Any outstanding items, including any proposed redactions, must be filed on ECF by July 12, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/29/2022, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/29/2022) 06/29/2022 695 SEALED DOCUMENT placed in vault. (jus) (Entered: 06/29/2022) 06/29/2022 696 JUDGMENT In A Criminal Case (S2 20-Cr-330). Date of Imposition of Judgment: 6/29/2022. Defendant Ghislaine Maxwell (1) was found guilty on Count(s) 1ss, 3ss, 4ss, 5ss, 6ss (judgment not entered on 1 & 5 as multiplicitous, Dkt. No. 657), after a plea of not guilty. The defendant has been found not guilty on Count(s) 2ss. Count(s) 7ss-8ss, and underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: The Defendant is sentenced to a term of 240 Months. Count 3 a sentence of 60 Months. Count 4 a sentence of 120 Months. Count 6 a sentence of 240 Months. All Counts to run concurrently. - Defendant was notified of her right to Appeal. - The court makes the following recommendations to the Bureau of Prisons: Defendant to be considered for designation to FCI Danbury. Defendant to be considered for enrollment in FIT program. SUPERVISED RELEASE: 3 Years on Counts 3 and 4. 5 Years on Count 6 to run concurrently. Standard Conditions of Supervision (See page 5 of Judgment). Special Conditions of Supervision (See page 6 of Judgment). ASSESSMENT: $300.00, due immediately. FINE: $750,000.00. Schedule of Payments (See page 8 of Judgment). (Signed by Judge Alison J. Nathan on 6/29/2022)(bw) (Entered: 06/29/2022) 06/29/2022 DISMISSAL OF COUNTS on Government Motion as to Ghislaine Maxwell (1) Count 1s,1,2s,2,3s,3,4s,4,5s,5-6s,6-7ss-8ss. (bw) (Entered: 06/29/2022) 07/07/2022 697 NOTICE OF APPEAL by Ghislaine Maxwell from 696 Judgment. Filing fee $ 505.00, receipt number 2280. (nd) (Entered: 07/07/2022) 07/07/2022 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ghislaine Maxwell to US Court of Appeals re: 697 Notice of Appeal - Final Judgment. (nd) (Entered: 07/07/2022) 07/07/2022 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ghislaine Maxwell re: 697 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 07/07/2022) 07/08/2022 USCA Case Number 22-1426 from the U.S. Court of Appeals, 2nd Circ. as to Ghislaine Maxwell, assigned to 697 Notice of Appeal filed by Ghislaine Maxwell. (nd) (Entered: 07/08/2022) 07/12/2022 698 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated July 12, 2022 re: Redact filings . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 07/12/2022) 07/12/2022 699 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Laura A. Menninger dated March 9, 2021 re: Redactions in Government Response (Menninger, Laura) (Entered: 07/12/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 103/113 DOJ-OGR-00020725 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 108 of 208 A-104 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Date Filed: 07/12/2022 | Docket # | Document Description | | --- | --- | | 700 | 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 December 1, 2021 re: GX 52 and GX 606 Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) | | 701 | 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 December 7, 2021 re: Testimony of Stephen Flatley Document filed by USA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 07/12/2022) | | 702 | LETTER MOTION addressed to Judge Alison J. Nathan from Laura A. Menninger dated December 17, 2021 re: arrest warrant for Kelly Bovino . Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1-Subpoena, # 2 Exhibit 2-Return of Service, # 3 Exhibit 3-Menninger Affidavit, # 4 Text of Proposed Order Proposed Order)(Menninger, Laura) (Entered: 07/12/2022) | | 703 | 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 December 12, 2021 re: Defense Rule 16 Document filed by USA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 07/12/2022) | | 704 | 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 December 14, 2021 re: Defense pseudonym motion Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) | | 705 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated May 12, 2021 re: Response to subpoena (Pagliuca, Jeffrey) (Entered: 07/12/2022) | | 706 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 15, 2021 re: Preclude defense witnesses . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 07/12/2022) | | 707 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 14, 2021 re: Deadline for Filing Motion under FRE 412 (Pagliuca, Jeffrey) (Entered: 07/12/2022) | | 708 | 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 December 15, 2021 re: Prior Inconsistent Statements Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) | | 709 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 15, 2021 re: Response to Government's Letter of November 12, 2021 (Pagliuca, Jeffrey) (Entered: 07/12/2022) | | 710 | JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated November 19, 2021 re: Video Monitors (Everdell, Christian) (Entered: 07/12/2022) | | 711 | JOINT 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 December 16, 2021 re: Prior inconsistent statements Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) | https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 104/113 DOJ-OGR-00020726 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page109 of 208 A-105 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 07/12/2022 713 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 December 17, 2021 re: Opposition to motion to compel Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) 07/12/2022 714 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 November 21, 2021 re: Proposed limiting instruction Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) 07/12/2022 715 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 6, 2021 re: Response to Government's Expert Disclosure of Stephen Flatley (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 716 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated November 22, 2021 re: Proposed Limiting Instructions (Everdell, Christian) (Entered: 07/12/2022) 07/12/2022 717 LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 12, 2021 re: Defense Witness Anonymity . Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 718 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 5, 2021 re: Witness-3 Limiting Instruction (Everdell, Christian) (Entered: 07/12/2022) 07/12/2022 719 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 13, 2021 re: Response to Motion to Preclude R16 Exhibit (Attachments: # 1 Exhibit 1-Under Seal)(Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 720 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 14, 2021 re: Proposed Witness Order (Everdell, Christian) (Entered: 07/12/2022) 07/12/2022 721 LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 14, 2021 re: Request re FRE 608 and 403 . Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1-Under Seal, # 2 Exhibit 2-Under Seal)(Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 722 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 15, 2021 re: Inconsistent Statements (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 723 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 16, 2021 re: Response to Motion to Preclude Testimony (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 724 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 16, 2021 re: Reply re Inconsistent Statements (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 725 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 28, 2021 re: Under Seal (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 ***DELETED DOCUMENT. Deleted document number 712 SEALED DOCUMENT, as to Ghislaine Maxwell. The document was incorrectly filed in this case. (ap) (Entered: 07/13/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 105/113 DOJ-OGR-00020727 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page110 of 208 A-106 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 07/13/2022 726 ORDER as to Ghislaine Maxwell: The Court is in receipt of the parties' proposed redactions to motions that were not previously docketed. See Dkt. No. 698. With one exception, the Court concludes that the proposed redactions are narrowly tailored to protect information subject to Fed. R. Evid. 412 and the privacy interests of witnesses, including individuals subject to the Court's pseudonym order, and individuals who were anticipated to be called as witnesses at trial, but were not ultimately called. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Court will file unredacted copies of all items under seal. The Court concludes, however, that the proposed redactions to Dkt. No. 725 are not narrowly tailored. The private information of victim-witnesses who are discussed in the letter may be protected by narrow redactions. However, there is no basis to redact the letter's general request to identify the proper scope of cross-examination. Accordingly, the Defendant is ORDERED to confer with the Government and docket proposed revised redactions on or before 12:00 p.m. on Friday, July 15, 2022. The letter at Dkt. No. 725 was filed under temporary seal at Dkt. No. 712. Because the Court concludes that sealing in not justified, the Clerk of Court is respectfully directed to strike the entry at Dkt. No. 712 from the docket. The Court's Chambers also received an email from Defense counsel inquiring whether to docket three joint letters regarding jury strikes that were previously filed with the Court, but not docketed. Because docketing the letters would not undermine the important interest of protecting juror anonymity and privacy, the parties are ORDERED to docket the three letters on or before 12:00 p.m. on Friday, July 15, 2022. Finally, to ensure a complete record, the Court has identified four additional documents that have not previously been docketed nor subject to a sealing request: November 19, 2021 Administrator Feldman's Motion to Quash Defendant's Rule 17(c)(3) subpoena, with exhibits November 22, 2021 Defendant's Response to Motions to Quash Defendant's Rule 17(c)(3) subpoena December 6, 2021 Jane's Opposition to Defendant's Motion to Call Counsel to Testify December 15, 2021 Jane's Opposition to Defendant's December 13, 2021 Motion to Call Counsel to Testify The parties are ORDERED to confer with each other and counsel for the relevant movants and indicate on or before 12:00 p.m. on Friday, July 15, 2022, whether there are requests to seal or redact the outstanding documents. Any documents not subject to a sealing request must be docketed on ECF by that same date. Any proposed redactions must be justified by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga. This resolves Dkt. No. 698. (Signed by Judge Alison J. Nathan on 7/13/2022) (ap) Modified on 7/14/2022 (ap). (Entered: 07/13/2022) 07/14/2022 727 JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/14/21 re: Proposed Juror Strikes (Everdell, Christian) (Entered: 07/14/2022) 07/14/2022 728 SEALED DOCUMENT placed in vault. (jus) (Entered: 07/14/2022) 07/14/2022 729 JOINT 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 November 7, 2021 re: Jury questionnaires Document filed by USA. (Rohrbach, Andrew) (Entered: 07/14/2022) 07/14/2022 730 JOINT 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 November 13, 2021 re: Juror questionnaires Document filed by USA. (Rohrbach, Andrew) (Entered: 07/14/2022) 07/14/2022 731 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 July 14, 2022 re: Filings from Jane Document filed by USA. (Attachments: # 1 Exhibit https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896_L_1_0-1 106/113 DOJ-OGR-00020728 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page111 of 208 A-107 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 December 6, 2021 letter, # 2 Exhibit December 15, 2021 letter)(Rohrbach, Andrew)(Entered: 07/14/2022) 07/14/2022 732 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 22, 2021 re: Response to Motions to Quash (Pagliuca, Jeffrey)(Entered: 07/14/2022) 07/14/2022 733 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 28, 2021 re: Response to Government's Letter of November 27, 2021 (Pagliuca, Jeffrey) (Entered: 07/14/2022) 07/15/2022 734 LETTER by Jordana H. Feldman as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Patrick J. Smith dated 11/19/2021 re: Motion to Quash Defendants Rule 17(e)(3) Subpoena Document filed by Jordana H. Feldman. (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)(Smith, Patrick) (Entered: 07/15/2022) 07/15/2022 735 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's revised proposed redactions to Dkt. No. 725 and proposed redactions to Defendant's November 22, 2021 Response to Motions to Quash. See Dkt. Nos. 732, 733. The Court concludes that the proposed redactions are narrowly tailored to protect the identities and privacy interests of victim-witnesses who were subject to the Courts anonymity order. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Court will file unredacted copies under seal (Signed by Judge Alison J. Nathan on 7/15/2022)(jw)(Entered: 07/15/2022) 07/15/2022 736 SEALED DOCUMENT placed in vault. (nmo) (Entered: 07/15/2022) 07/22/2022 737 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Sentence held on 6/28/2022 before Judge Alison J. Nathan. Court Reporter/Transcriber: Alena Lynch, (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 8/12/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/20/2022. (McGuirk, Kelly) (Entered: 07/22/2022) 07/22/2022 738 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/28/2022 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: 07/22/2022) 08/10/2022 739 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Hearing held on 11/23/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/12/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 740 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Hearing proceeding held on 11/29/21 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 107/113 DOJ-OGR-00020729 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page112 of 208 A-108 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 electronically available to the public without redaction after 90 calendar days…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 741 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 11/29/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 742 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 11/29/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 743 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 11/30/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 744 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 11/30/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 745 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/1/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 746 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/1/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 747 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/2/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 108/113 DOJ-OGR-00020730 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page113 of 208 A-109 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 748 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/2/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 749 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/3/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 750 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/3/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 751 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/6/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 752 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/6/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 753 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/7/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 754 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/7/22 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 109/113 DOJ-OGR-00020731 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page114 of 208 A-110 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 electronically available to the public without redaction after 90 calendar days…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 755 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/8/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 756 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/8/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 757 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/9/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 758 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/9/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 759 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/10/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 760 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/10/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 761 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/16/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 110/113 DOJ-OGR-00020732 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page115 of 208 A-111 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 762 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/16/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 763 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/17/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 764 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/17/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 765 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/18/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 766 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/18/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 767 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/20/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 768 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/20/21 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 111/113 DOJ-OGR-00020733 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page116 of 208 A-112 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 electronically available to the public without redaction after 90 calendar days…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 769 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/21/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 770 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/21/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 771 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/22/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 772 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/22/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 773 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/27/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 774 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/27/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 775 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/28/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 112/113 DOJ-OGR-00020734 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page117 of 208 A-113 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 776 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/28/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 777 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/29/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 778 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/29/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/22/2022 779 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Sentence held on 6/28/2022 before Judge Alison J. Nathan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (McGuirk, Kelly) (Entered: 08/22/2022) 08/22/2022 780 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/28/2022 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: 08/22/2022) PACER Service Center Transaction Receipt 02/22/2023 13:25:07 PACER Login: cpnycpara16 Client Code: Description: Docket Report Search Criteria: 1:20-cr-00330-AJN Billable Pages: 30 Cost: 3.00 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 176 of 208 A-172 Exhibit B DOJ-OGR-00020794 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page177 of 208 A-173 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 1 of 15 COMPOSITE EXHIBIT A NON-PROSECUTION AGREEMENT AND ADDENDUM DOJ-OGR-00020795 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page180 of 208 A-176 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 4 of 15 Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 DOJ-OGR-00020798 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 182 of 208 A-178 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 6 of 15 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Leslie Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 DOJ-OGR-00020800 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 185 of 208 A-181 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 9 of 15 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: ____________________ By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: ____________________ Dated: 9/24/07 JEFFREY EPSTEIN GERALD LEFCOURT/ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: ____________________ LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 DOJ-OGR-00020803 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page 186 of 208 A-182 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 10 of 15 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: __________________ By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: __________________ JEFFREY EPSTEIN Dated: __________________ GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: 9-24-08 LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 DOJ-OGR-00020804 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page188 of 208 A-184 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 12 of 15 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: 10/30/07 By: Jeffrey H. Sloman FAUSA A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: 10/29/07 JEFFREY EPSTEIN Dated: ____________________ GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: ____________________ LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN DOJ-OGR-00020806 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page189 of 208 A-185 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 13 of 15 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: 10/30/07 Dated: Dated: 10/29/07 Dated: JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN DOJ-OGR-00020807 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page190 of 208 A-186 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 14 of 15 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: 10/30/07 By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: ____________________ JEFFREY EPSTEIN Dated: ____________________ GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: 10-29-07 LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN DOJ-OGR-00020808 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page191 of 208 A-187 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 15 of 15 Dec-07-07 04:55pm From-Fovlar-White Burnett 3057609201 T-666 P.003/004 F-276 Affirmation I, Jeffrey E. Epstein do hereby re-affirm the Non-Prosecution Agreement and Addendum to same dated October 30, 2007. Jeffrey E. Epstein 12/1/09 Date DOJ-OGR-00020809 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page192 of 208 A-188 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED: 8/13/21 United States of America, -v- Ghislaine Maxwell, Defendant. 20-cr-330 (AJN) OPINION & ORDER ALISON J. NATHAN, District Judge: On April 16, 2021, the Court issued an Opinion & Order granting in part and denying in part Ghislaine Maxwell's various pretrial motions seeking to dismiss portions of the Government's (S1) superseding indictment and compel discovery. Prior to the issuance of that Opinion & Order but after the motions were fully briefed, a grand jury returned a second (S2) superseding indictment adding a sex trafficking count and sex trafficking conspiracy count. The Court did not address the new charges in the April 16, 2021 Opinion & Order. On May 25, 2021, Maxwell filed another round of pretrial motions seeking to dismiss the S2 indictment in whole or in part and to compel discovery. Dkt. No. 292, 293. For appeal preservation purposes or otherwise, the arguments largely, though not entirely, rehash the positions rejected by the Court in its April 16, 2021 Opinion & Order. To the extent new arguments are made, they are addressed below. All pending motions are DENIED. The Court provides a brief summary of its conclusions here and its reasoning on the pages that follow: - Maxwell moves to dismiss counts one, three, five, and six as barred by Jeffrey Epstein's non-prosecution agreement. The Court again concludes, as it did in its April 16, 2021 Opinion & Order, that the agreement does not bind the United States Attorney for the Southern District of New York. DOJ-OGR-00020810 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page193 of 208 A-189 - Maxwell moves to dismiss counts five and six on the grounds that prosecuting her on those counts would violate her rights under the Double Jeopardy Clause. The Court concludes that Maxwell has not previously been put in jeopardy for these offenses and therefore her prosecution on these counts does not violate the Double Jeopardy Clause. - Maxwell moves to dismiss counts five and six as untimely. The Court again concludes, as it did in its April 16, 2021 Opinion & Order, that the Government brought the charges within the applicable statute of limitations. - Maxwell moves to dismiss count five and either count one or count three as multiplicitous. The Court again determines, as it did in its April 16, 2021 Opinion & Order, that this motion is premature and denies it without prejudice for renewal at trial. - Maxwell moves to dismiss the S2 indictment for pre-indictment delay. The Court again concludes, as it did in its April 16, 2021 Opinion & Order, that Maxwell has not established that she suffered prejudice and therefore any delay has not violated her rights to due process. - Maxwell moves for a bill of particulars related to counts five and six because they are too vague, and in particular do not provide specific dates. The Court again concludes, as it did in its April 16, 2021 Opinion & Order, that the charges are sufficiently specific. - Maxwell moves to compel the Government to produce the statements of "Minor-Victim 4" in the S2 indictment as Brady material. The Court concludes that the current disclosure schedule gives Maxwell sufficient time to make effective use of any such statements and therefore immediate disclosure is not warranted. I. Jeffrey Epstein's non-prosecution agreement does not bar the charges in the S2 indictment In its April 16, 2021 Opinion & Order on Maxwell's first set of pretrial motions, the Court held that the non-prosecution agreement ("NPA") between Jeffrey Epstein and the U.S. Attorney's Office for the Southern District of Florida did not bar the charges against Maxwell in the S1 superseding indictment. See United States v. Maxwell, No. 20-cr-330 (AJN), 2021 WL 1518675, at *2 (S.D.N.Y. Apr. 16, 2021). Maxwell now renews those arguments for the charges in the S2 superseding indictment. The Court understands the primary purpose of Maxwell's renewed motion to be to preserve these arguments for appellate review, and the Court denies the 2 DOJ-OGR-00020811 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page194 of 208 A-190 renewed motion for substantially the same reasons set forth in its April 16 opinion. The Court will proceed to briefly explain why neither the new charges in the S2 superseding indictment nor the supplemental authority Maxwell cites change the Court's conclusion that the NPA does not bar the charges against her. As the Court explained in its April 16, 2021 Opinion & Order, the Second Circuit held in United States v. Annabi that "[a] plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively appears that the agreement contemplates a broader restriction." 771 F.2d 670, 672 (2d Cir. 1985) (per curiam). The Second Circuit's opinion in Annabi is clear, and that court has followed it steadfastly since. See, e.g., United States v. Gonzalez, 93 F. App'x 268, 270 (2d Cir. 2004); United States v. Brown, No. 99-1230(L), 2002 WL 3424494, at *2 (2d Cir. Apr. 26, 2002); United States v. Salemah, 152 F.3d 88, 120 (2d Cir. 1998) (per curiam); United States v. Rivera, 844 F.2d 916, 923 (2d Cir. 1988). The Second Circuit has held that language nearly identical to that in Epstein's NPA is not enough to overcome the presumption in favor of single-district plea agreements. See Salemah, 152 F.3d at 120. Adhering to this binding authority, this Court thus concluded (and continues to conclude) that the NPA does not bind the U.S. Attorney's Office for the Southern District of New York. It thus provides Maxwell no defense in this case even if it would otherwise cover the conduct charged in the new counts in the S2 superseding indictment. Maxwell advances two new arguments for why the Court should depart from this reasoning—the first in her renewed motion and the second in a letter of supplemental authority. See Dkt. Nos. 293, 310. In her renewed motion, she contends that Annabi contains an exception for out-of-district prosecutions for charges that are "identical to the dismissed charges." And in the letter of supplemental authority, she contends that the opinion of the Pennsylvania Supreme 3 DOJ-OGR-00020812 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page195 of 208 A-191 Court in Commonwealth v. Cosby, No. 39 MAP 2020, 2021 WL 2674380 (Pa. June 30, 2021), requires dismissal. Neither argument is persuasive. Annabi contains no exception for out-of-district prosecutions for charges that are "identical to the dismissed charges." In the language Maxwell cites from Annabi, the Second Circuit discussed (and rejected) a claim based on the Double Jeopardy Clause, not a claim based on the plea agreement in that case. See Annabi, 771 F.2d at 672. In that section of the opinion, the Second Circuit held that even if the charges had been identical to the dismissed charges, the defendants' double jeopardy claims would fail because they were never in jeopardy on the charges that were dismissed under the plea agreement. Nothing in Annabi suggests that the presumption in favor of single-district plea agreements does not apply if later charges in another district are sufficiently "identical" to the dismissed ones, and no subsequent Second Circuit case applying Annabi has so held. Annabi applies squarely to the facts of this case and binds this Court. The Court also disagrees that Cosby mandates a different result. To begin with, this Court must follow the precedential opinions of the Second Circuit on questions of federal law, not those of a state court. Thus, nothing in Cosby could change this Court's view that Second Circuit precedent in Annabi forecloses Maxwell's arguments related to the NPA. In any event, the state court in Cosby did not purport to decide the same federal question at issue here. In Cosby, the court held that it was unfair for a district attorney to proceed with charges against Bill Cosby after the district attorney's office had, in that court's view of the facts, unequivocally promised that it would not charge him. Cosby, 2021 WL 2674380, at *34. That case did not involve a question of whether one office's promise bound another, much less whether a plea agreement in one federal district should be construed to apply in another district. Instead, the 4 DOJ-OGR-00020813 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page196 of 208 A-192 case focused on whether prosecutors were required to honor a promise that the court found to be clear in the absence of a formal plea agreement. Even if this Court agreed with the analysis in Cosby, that opinion sheds no light on the proper interpretation of the NPA in this case. After considering the arguments in Maxwell's renewed motion and letter of supplemental authority, the Court's view remains unchanged from its April 16, 2021 Opinion & Order. Under Second Circuit precedent, the NPA does not bind the U.S. Attorney for the Southern District of New York. It thus does not bar the charges in the S2 superseding indictment. II. This prosecution does not violate the prohibition against double jeopardy The Double Jeopardy Clause provides that "[n]o person shall be . . . subject for the same offence to be twice put in jeopardy of life or limb." U.S. Const. amend. V. "This protection applies both to successive punishments and to successive prosecutions for the same criminal offense." United States v. Dixon, 509 U.S. 688, 696 (1993). "A defendant may only raise a Double Jeopardy claim if he has been put in jeopardy (i.e. jeopardy has 'attached') sometime before the alleged 'second' prosecution." United States v. Podde, 105 F.3d 813, 816 (2d Cir. 1997). A defendant is put in jeopardy when the jury in their case is empaneled or upon the defendant's entry of a guilty plea. Crist v. Bretz, 437 U.S. 28, 35 (1978); Morris v. Reynolds, 264 F.3d 38, 49 (2d Cir. 2001). Until then, a defendant has not been put in jeopardy and the Government is free to commence a prosecution. Maxwell has not previously been put in jeopardy for the offenses charged in this case. She concededly has not been punished or prosecuted for any prior offense. She was never charged in the Southern District of Florida in connection with the Epstein investigation. She agreed to nothing in Epstein's NPA, because she was not a party to it. She suffered no criminal consequences as a result of Epstein's guilty plea in Florida state court. To the contrary, there is 5 DOJ-OGR-00020814 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page197 of 208 A-193 no indication that Maxwell was even a subject of the Florida investigation. The Double Jeopardy Clause bars only successive prosecution or punishment for the same offense, and Maxwell has endured neither. Thus, the Double Jeopardy Clause does not bar the charges against her. Despite facing no prior prosecution or punishment herself, Maxwell contends that she is immune from prosecution because Epstein was already punished for the same conspiracy. The cases she cites, however, deal with successive prosecutions of a particular defendant for the same conspiracy, not separate prosecutions of individual co-conspirators. See, e.g., United States v. Lopez, 356 F.3d 463, 469 (2d Cir. 2004). The Double Jeopardy Clause does not require all co-conspirators be tried together for related offenses. See Zafiro v. United States, 506 U.S. 534, 539 (1993); United States v. Hinton, 543 F.2d 1002, 1014 (2d Cir. 1976). Whether the Government could have charged Epstein again in this case has nothing to do with Maxwell's rights under the Double Jeopardy Clause. Maxwell finally points to one case in which the Second Circuit held that a subsequent prosecution might not be permissible against a defendant whose charges were dismissed after her husband pleaded guilty. Dkt. No. 293 at 19 (citing United States v. Cambindo Valencia, 609 F.2d 603 (2d Cir. 1979)). However, the Court agrees with the Government that the result in Cambindo Valencia rested on the terms of the husband's plea agreement, not the Double Jeopardy Clause. See Cambindo Valencia, 609 F.2d at 638. No precedent stands for the proposition that an uncharged co-conspirator is put in jeopardy when another co-conspirator accepts a non-prosecution agreement. This is the first case in which Maxwell will be put in jeopardy for these offenses, and so this prosecution does not put her in jeopardy a second time. 6 DOJ-OGR-00020815 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page198 of 208 A-194 III. Counts five and six are not time-barred For most non-capital offenses, the statute of limitations under federal law is five years. 18 U.S.C. § 3282(a). Congress has enacted longer limitations periods for certain crimes, in particular for "offense[s] involving the sexual or physical abuse, or kidnapping" of a minor in 18 U.S.C. § 3283. Prior to 2003, the limitations period in § 3283 lasted until the victim reached the age of 25, and then Congress extended the limitations period to the life of the victim with the PROTECT Act of 2003, Pub. L. No. 108-21, 117 Stat 60. In 2006, Congress enacted 18 U.S.C. § 3299, which eliminated the statute of limitations for the sex trafficking of minors in violation of 18 U.S.C. § 1591 and for some other sex crimes. See 18 U.S.C. § 3299 ("Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under . . . section 1591.") In her previous motion, Maxwell argued that the Mann Act charges against her in the indictment were time-barred on the grounds that the extended limitations period § 3283 was not applicable. The Court denied that motion in its April 16, 2021 Opinion & Order. Maxwell, 2021 WL 1518675, at *5. Maxwell now argues that the new charges the Government has brought against her in the S2 indictment, Sex Trafficking Conspiracy (18 U.S.C. § 371) and Sex Trafficking (18 U.S.C. § 1591), are time-barred as well because § 3283 does not apply to those offenses either. She renews her contention from her previous motion that the limitations period in § 3283 only applies to offenses which "necessarily entail" the sexual abuse of a minor and argues that a violation of 18 U.S.C. § 1591 does not. Thus, according to Maxwell's reasoning, the general five-year statute of limitations period in 18 U.S.C. § 3282(a) applies to the sex trafficking counts and, because the alleged conduct occurred from 2001 to 2004, the Government is now time-barred for prosecuting her for these offenses. 7 DOJ-OGR-00020816 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page199 of 208 A-195 The Court denies this motion for substantially similar reasons as those discussed in its April 16, 2021 Opinion & Order. As an initial matter, the Court reiterates that Maxwell's analysis of § 3283 is incorrect. As the Court explained, § 3283 does not call for a "categorical approach" nor an "essential ingredient" test, but instead requires that the defendant's conduct in that particular case involved the sexual abuse of a minor. Maxwell, 2021 WL 1518675 at *5-7. Here, there is no question that Maxwell is alleged to have engaged in activity that constitutes the sexual abuse of a minor with respect to the sex trafficking counts. But in any event, as the Government pointed out in its brief - and as Maxwell did not contest in her reply - § 3283 is not the only statute of limitations that applies to the sex trafficking counts. As discussed above, in 2006, Congress enacted § 3299 to eliminate altogether the limitations period for the offense of sex trafficking children in violation of § 1591. See 18 U.S.C. § 3299. Moreover, while the alleged sex trafficking in the S2 indictment is alleged to have occurred prior to the enactment of § 3299 in 2006, the Court holds that the provision nonetheless applies retroactively to cover that conduct. In its April 16, 2021 Opinion & Order, the Court analyzed § 3283 under the Landgraf v. USA Film Products, 511 U.S. 244, 280 (1994) framework and concluded that the limitations period applied retroactively so long as the previous limitations period had not yet expired. Maxwell, 2021 WL 1518675, at *7-8. Similar to § 3283, which states that "[n]o statute of limitations that would otherwise preclude prosecution" shall apply, the language of § 3299 provides that an indictment may be instituted at any time for certain offenses "[n]otwithstanding any other law." As discussed in the Court's previous opinion with respect to § 3283, this kind of language unambiguously requires that the limitations period apply retroactively to prosecutions for offenses committed before the date of enactment so long as the 8 DOJ-OGR-00020817 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page200 of 208 A-196 applicable limitations period has not yet run - offenses that by definition are those for which "other law[s]" of limitation would otherwise bar prosecution. See 18 U.S.C. § 3299. Moreover, as the Court also explained, not only does this kind of language unambiguously require retroactivity, it also does not result in any impermissible retroactive effects so long as it does not revive time-barred claims. Maxwell, 2021 WL 1518675, at *7-8. The Court therefore joins multiple other district courts in concluding that, like § 3283, § 3299 applies retroactively to offenses for which the previous limitations period has not yet run. See United States v. Nader, 425 F. Supp. 3d 619, 629 (E.D. Va. 2019); United States v. Pierre-Louis, No. 16 CR 541 (CM), 2018 WL 4043140, at *6 (S.D.N.Y. Aug. 9, 2018); United States v. Vickers, No. 13-CR-128-A, 2014 WL 1838255, at *8 (W.D.N.Y. May 8, 2014); United States v. Senasi, No. 3:08-CR-253 (WWE), 2010 WL 2351484, at *3 (D. Conn. June 7, 2010). The sex trafficking charges are therefore not time-barred. Regardless of whether it was the general five-year limitations period in § 3282(a) or the extended limitations period for sexual abuse of minors in § 3283 that was applicable to Maxwell's alleged conduct prior to the enactment of § 3299 in 2006, neither had expired by that date. Thus, as Maxwell does not contest, § 3299 applies retroactively to the sex trafficking offenses in the indictment and the Government is permitted to bring those charges without time limitation. IV. Maxwell's motion to dismiss count five and either count one or count three as multiplicitous is premature In her previous motions, Maxwell argued that either count one or count three of the S1 indictment, the Mann Act conspiracy charges, must be dismissed because the counts are multiplicitous. In the Court's April 16, 2021 Opinion & Order, the Court joined many other courts in this Circuit holding that pretrial motions of this sort are premature in light of United States v. Josephberg, 459 F.3d 350, 355 (2d Cir. 2006), and the Court dismissed without 9 DOJ-OGR-00020818 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page201 of 208 A-197 prejudice. Maxwell, 2021 WL 1518675, at *14. In the instant motion, Maxwell similarly argues that count five of the S2 indictment, the sex trafficking conspiracy charge, is duplicative of either counts one or three. Maxwell's motion is denied without prejudice for the reasons stated in the Court's April 16, 2021 Opinion & Order. V. The Government's delay in bringing the charges did not violate due process Maxwell also renews her motion to dismiss the S2 indictment based on alleged improper pretrial delay. In its April 16, 2021 Opinion & Order, the Court denied Maxwell's motion, concluding that her efforts to show actual and substantial prejudice fell far short of the "stringent standard" necessary to prevail on such a claim. Maxwell, 2021 WL 1518675, at *9. Maxwell's motion to dismiss the S2 on these grounds fails for the same reasons. As before, nothing in the record indicates that the Government's delay in bringing these charges was designed to thwart Maxwell's ability to prepare a defense. However, it is sufficient to conclude that Maxwell does not make the strong showing of prejudice required to support this sort of claim. Maxwell contends that the Government's delay in bringing charges has prejudiced her interests because potential witnesses have died, others have forgotten, and records have been lost or destroyed. It is highly speculative that any of these factors would make a substantial difference in her case. The Court thus again concludes for the reasons stated in the April 16, 2021 Opinion & Order, that Maxwell has failed to establish actual prejudice from the Government's delay in bringing charges. She may renew her motion if the factual record at trial shows otherwise. On the present record, neither the applicable statute of limitations nor due process bars the charges here. 10 DOJ-OGR-00020819 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page202 of 208 A-198 VI. No bill of particulars is warranted Maxwell moves for a bill of particulars as to counts five and six. Federal Rule of Criminal Procedure 7 requires that an indictment contain "a plain, concise, and definite written statement of the essential facts constituting the offense charged[.]" The indictment must be specific enough to inform the defendant of the charges and allow the defendant to plead double jeopardy in a later prosecution based on the same events. See United States v. Stavroulakis, 952 F.2d 686, 693 (2d Cir. 1992). "Under this test, an indictment need do little more than to track the language of the statute charged and state the time and place (in approximate terms) of the alleged crime." United States v. Tramunti, 513 F.2d 1087, 1113 (2d Cir. 1975). "Rule 7(f) of the Federal Rules of Criminal Procedure permits a defendant to seek a bill of particulars in order to identify with sufficient particularity the nature of the charge pending against him, thereby enabling defendant to prepare for trial, to prevent surprise, and to interpose a plea of double jeopardy should he be prosecuted a second time for the same offense." United States v. Bortnovsky, 820 F.2d 572, 574 (2d Cir. 1987). "The purpose of a bill of particulars is to supplement the allegations in the indictment when necessary to (1) enable the defendant to prepare his defense, (2) avoid unfair surprise to the defendant at trial, and (3) preclude a second prosecution of the same offense." United States v. Mandell, 710 F. Supp. 2d 368, 384 (S.D.N.Y. 2010)). On the other hand, the Court must balance these interests against the harm to the Government from restricting its proof at trial. See United States v. Rajaratnam, No. 09-cr-1184 (RJH), 2010 WL 2788168, at *1 (S.D.N.Y. Jul. 13, 2010). In her previous motions, Maxwell argued that the Mann Act counts in the indictment should be dismissed for lack of specificity or that, in the alternative, the Court should compel the Government to submit a bill of particulars providing greater detail of the charges. Maxwell 11 DOJ-OGR-00020820 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page203 of 208 A-199 contended specifically that the indictment is too vague because it refers to open-ended time periods for the Mann Act counts. The Court disagreed in light of Circuit precedent requiring only that an indictment describe the time and place of the charged conduct in "approximate terms" and permitting the use of "on or about" language to describe the window of when a violation occurred. Maxwell, 2021 WL 1518675, at *10 (citing Tramunti, 513 F.2d at 1113; United States v. Nersesian, 824 F.2d 1294, 1323 (2d Cir. 1987)). The Court explained that approximate time periods are particularly appropriate if the allegations involved ongoing conduct and especially if the indictment alleges sexual abuse against minor victims. Id. (citing United States v. Young, No. 08-cr-285 (KMK), 2008 WL 4178190, at *2 (S.D.N.Y. Sept. 4, 2008)). Maxwell now again moves for a bill of particulars. Maxwell primarily argues that the S2 indictment does not provide specific dates for the conduct alleged with respect to the sex trafficking counts. Instead, the S2 indictment provides a four-year time period from 2001 to 2004 in which the alleged sex trafficking and sex trafficking conspiracy occurred. Maxwell's motion in this respect is denied for the same reasons stated in the Court's April 16, 2021 Opinion & Order. The indictment alleges ongoing conduct that involve the sexual abuse of minors with respect to counts five and six and therefore the approximate time period provided is sufficient. Accordingly, the motion for a bill of particulars is denied.1 VII. The current disclosure schedule for impeachment material is adequate Finally, Maxwell moves to compel the immediate disclosure of any of Minor Victim's prior statements in which she did not mention Maxwell, including prior statements made to the 1 Additionally, Maxwell includes in her motion for a bill of particulars a request to require the government to identify the unnamed co-conspirators who allegedly participated in the conspiracies charged in the S2 indictment. Maxwell also made this request in the parties' joint May 21, 2021 letter to the Court regarding the disclosure schedule. Dkt. No. 291. In both her motion and the May 21, 2021 letter, Maxwell requests that this information be disclosed to the defense at the same time that the Government discloses Jencks Act material. The Government has not opposed this request. In the absence 12 DOJ-OGR-00020821 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page204 of 208 A-200 FBI. The Court has ordered the Government to disclose all Jencks Act and Giglio material by October 11, 2021. Dkt. No. 297 at 1. That date is seven weeks in advance of trial. The Court sees no reason to depart from the rule in this district that impeachment material of anticipated witnesses does not warrant an order compelling immediate disclosure. See United States v. Campo Flores, No. 15 Cr. 765 (PAC), 2016 WL 5946472, at *11 (S.D.N.Y. Oct. 12, 2016). Seven weeks in advance of trial is far more time than is standard in this district and no showing has been made that it will be insufficient for Maxwell to make effective use of the information in preparation of her defense. To the extent Maxwell argues that the Government is in possession of prior statements that are exculpatory under Brady (for example, if a witness denied Maxwell's involvement), rather than useful only for standard impeachment purposes, it is of course the Government's obligation to "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." Dkt. 68 at 1. The context of questions and answers surely matters as to whether a statement (or omission) is exculpatory, impeaching, or neither. It is for the Government to make these assessments ex ante and fully meet its disclosure obligations so that the defense may make effective use of any such information in preparation for trial. See United States v. Coppa, 267 F.3d 132, 144-46 (2d Cir. 2001). The Government has repeatedly confirmed that it understands those obligations, and that it has met them and will continue to meet them. Accordingly, the motion to compel the immediate disclosure of any of Minor Victim-4's prior statements in which she did not mention Maxwell is denied. of objection, the Court presumes the Government intends to disclose this information to Maxwell at the same time that as it discloses Jencks Act material. 13 DOJ-OGR-00020822 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page205 of 208 A-201 Conclusion For the reasons above and in this Court's April 16, 2021 Opinion & Order, the Court DENIES Maxwell's motion to obtain relief specified in her supplemental pre-trial motions relating to the S2 indictment. This resolves Dkt. No. 292. SO ORDERED. Dated: August 13, 2021 New York, New York ALISON J. NATHAN United States District Judge 14 DOJ-OGR-00020823 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page206 of 208 A-202 3034 LCKVMAX8 Charge 1 travel across state lines with the intent that she would engage 2 in sexual activity for which a person could be charged with a 3 crime under the penal law of New York State, namely, New York 4 Penal Law Section 130.55. I instruct you as a matter of law 5 that sexual abuse in the third degree -- the offense set forth 6 in Count Two of the indictment -- was a violation of New York 7 State Penal Law from in or about 1994, up to and including in or 8 about 1997, at the time the acts are alleged to have been 9 committed. 10 A person violates New York State Penal Law Section 11 130.55, sexual abuse in the third degree, when he or she 12 subjects another person to sexual contact without the latter's 13 consent. Under New York law, "sexual contact" means any 14 touching of the sexual or other intimate parts of a person for 15 the purpose of gratifying the sexual desire of either party. 16 It includes the touching of the victim by the actor, whether 17 directly or through clothing; as well as the emission of 18 ejaculate by the actor upon any part of the victim, clothed or 19 unclothed. 20 Also under New York law, lack of consent can result 21 from incapacity to consent. A person less than 17 years old is 22 deemed incapable of consenting to sexual contact under New York 23 law. Thus, the law deems sexual contact with a person less 24 than 17 years old to be without that person's consent even if, 25 in fact, that person did consent. However, in order to find SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020824 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page207 of 208 A-203 3035 LCKVMAX8 Charge 1 that the intended acts were nonconsensual solely because of the 2 victim's age, you must find that Ms. Maxwell knew that Jane was 3 less than 17 years old. 4 5 Instruction No. 18. Count Four. Transportation of an 6 individual under the age of 17 to engage in illegal sexual 7 activity. The statute. 8 The relevant statute for Count Four is Title 18, United States 9 Code, Section 2423(a), which provides that a person who "knowingly 10 transports any individual under the age of 17 years in interstate 11 commerce, with the intent that such individual engage in any 12 sexual activity for which any person can be charged with a 13 criminal offense" is guilty of a federal crime. 14 15 Instruction No. 19. Count Four. Transportation of an 16 individual under the age of 17 to engage in illegal sexual 17 activity. The elements. 18 In order to prove the defendant guilty of Count Four, the 19 government must establish each of the following three elements of 20 the crime beyond a reasonable doubt: 21 First, that the defendant knowingly transported an individual in 22 interstate commerce as alleged in the indictment. 23 Second, that the defendant transported the individual with the 24 intent that the individual would engage in sexual activity for 25 which any person can be charged with a criminal offense under New York law as alleged in the indictment. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020825 --- PAGE BREAK --- Case 22-1426, Document 57, 02/28/2023, 3475900, Page208 of 208 A-204 LCKVMAX8 3036 Charge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And third, that the defendant knew that the individual was less than 17 years old at the time of the acts alleged in Count Four of the indictment. Count Four also relates solely to Jane during the time period 1994 to 1997. Instruction No. 20. Count Four. Transportation of an individual under the age of 17 to engage in illegal sexual activity. First element. The first element of Count Four which the government must prove beyond a reasonable doubt is that Ms. Maxwell knowingly transported Jane in interstate commerce as alleged in the indictment. The phrase "to transport an individual in interstate commerce" means to move or carry or cause someone to be moved or carried from one state to another. The government does not have to prove that Ms. Maxwell personally transported Jane across a state line; it is sufficient to satisfy the element that Ms. Maxwell was actively engaged, either personally or through an agent, in the making of the travel arrangements such as by purchasing tickets necessary for Jane to travel as planned. Ms. Maxwell must have knowingly transported or caused the transportation of Jane in interstate commerce. That means that the government must prove that Ms. Maxwell knew both that she was causing Jane to be transported and that Jane was being transported in interstate commerce. As I've explained, an act is done knowingly when it's done voluntarily and intentionally and not because of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020826

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Case 21-770, Document 57, 04/19/2021, 3080288, Page1 of 30 No. 21-770 & 21-58 In the United States Court of Appeals for the Second Circuit UNITED STATES OF AMERICA, Appellee, v. GHISLAINE MAXWELL, Appellant. On Appeal from the United States District Court for the Southern District of New York, 20-CR-330 (AJN) Appellant Ghislaine Maxwell's Reply in Support of Her Motion for Pretrial Release David Oscar Markus MARKUS/MOSS PLLC 40 N.W. Third Street Penthouse One Miami, Florida 33128 Tel: (305) 379-6667 markuslaw.com DOJ-OGR-00001373

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page1 of 208 22-1426-cr United States Court of Appeals for the Second Circuit UNITED STATES OF AMERICA, Appellee, -v- GHISLAINE MAXWELL, AKA Sealed Defendant 1, Defendant-Appellant. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK APPENDIX Volume 1 of 2 (Pages A-1 to A-204) ARTHUR L. AIDALA DIANA FABI SAMSON JOHN M. LEVENTHAL AIDALA BERTUNA & KAMINS PC Attorneys for Defendant-Appellant 546 Fifth Avenue, 6th Floor New York, New York 10036 (212) 486-0011 DOJ-OGR-00020619

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page178 of 208 A-174 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 2 of 15 IN RE: INVESTIGATION OF JEFFREY EPSTEIN NON-PROSECUTION AGREEMENT IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of Jeffrey Epstein (hereinafter "Epstein"); IT APPEARING that the State Attorney's Office has charged Epstein by indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; IT APPEARING that the United States Attorney's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section 2422(b); all in violation of Title 18, United States Code, Section 371; (2) knowingly and willfully conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Title 18, United States Code, Section 2423(b); all in violation of Title 18, United States Code, Section 2423(e); (3) using a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2; (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(f), with minor females; in violation Page 1 of 7 DOJ-OGR-00020796

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Case 1:19-cr-00830-AT Document 57 Filed 05/25/21 USDSNY Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, -v- Tova Noel, Defendant(s). Defendant Tova Noel hereby voluntarily consents to participate in the following proceeding via videoconferencing: Initial Appearance/Appointment of Counsel Arraignment (If on Felony Information, Defendant Must Sign Separate Waiver of Indictment Form) Preliminary Hearing on Felony Complaint Bail/Revocation/Detention Hearing X Status and/or Scheduling Conference Misdemeanor Plea/Trial/Sentence Tova Noel Defendant's Signature (Judge may obtain verbal consent on Record and Sign for Defendant) Tova Noel Print Defendant's Name Jason E. Foy Defense Counsel's Signature Jason E. Foy Print Defense Counsel's Name This proceeding was conducted by reliable videoconferencing technology. 5/25/2021 Date U.S. District Judge/U.S. Magistrate Judge DOJ-OGR-00022133

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Case 1:19-cr-00490-RMB Document 57 Filed 09/26/19 Page 2 of 2 1 Gloria Allred and Allred, Maroko & Goldberg hereby inform the Court that they no longer 2 represent the third of four Jane Does who were represented by Gloria Allred and Allred, Maroko & 3 Goldberg, and whose Victim Impact Statement was read into the record during the August 27, 4 2019 hearing before the Honorable Richard M. Berman. The Notice of Withdrawal is only as to 5 the Jane Doe whose statement appears on Page 76, Line 20 through Page 78, Line 20 of the August 6 27, 2019 Transcript of Proceedings. Gloria Allred and Allred, Maroko & Goldberg continue to 7 represent the other three Jane Does whose Victim Impact Statements appear on Page 75, Line 9 8 through Page 76, Line 17, Page 78, Line 21 through Page 84, Line 2, and on Page 84, Line 4 9 through Page 85, Line 12. 10 11 ALLRED, MAROKO & GOLDBERG GLORIA ALLRED 12 13 By: Gloria Allred 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF WITHDRAWAL OF GLORIA ALLRED AND ALLRED, MAROKO & GOLDBERG OF REPRESENTATION OF THE SECOND OF FOUR JANE DOES WHOSE VICTIM STATEMENTS WERE READ ON AUGUST 27, 2019 September 25, 2019 DOJ-OGR-00000730

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Case 21-770, Document 57, 04/19/2021, 3080288, Page2 of 30 Appellant Ghislaine Maxwell's Reply in Support of Her Motion for Pretrial Release The Government's Response underscores why this Court should order bail for Ghislaine Maxwell so that she can prepare for trial. The court below erred in accepting the Government's conclusory proffer without any actual evidence. And the conditions of her confinement make it impossible for her to effectively prepare her defense. The Government concedes that Ms. Maxwell is not a danger to the community, and her proposed bail package demonstrates that she is not a risk of flight. Accordingly, she should be released on bail. At the very least, this matter should be remanded to the district court to conduct a real bail hearing to (1) test the actual strength of the Government's case, and (2) determine whether Ms. Maxwell should be granted temporary release so that she can effectively prepare for trial, which she cannot do under the current conditions of confinement. Relying almost entirely on a regurgitation of quotations from the lower court (the first 26 of the 43-paragraph pleading is labeled "Facts"), only ten paragraphs, labeled "Discussion," even attempt to address Ms. Maxwell's arguments. As much as the Government would prefer that Ms. Maxwell not have a fair fight, this Court must level the playing field so 2 DOJ-OGR-00001374

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page2 of 208 i TABLE OF CONTENTS United States District Court Docket Entries.................... A-1 Superseding Indictment, filed March 29, 2021................ A-114 Opinion and Order of the Honorable Alison J. Nathan, dated April 16, 2021 ....................... A-138 Omnibus Memorandum of Ghislaine Maxwell in Support of Her Supplemental Pretrial Motions Relating to S2 Superseding Indictment, dated May 7, 2021 (Omitted herein) ....................... Exhibit B to Maxwell Memorandum - Non-Prosecution Agreement and Addendum, dated October 30, 2007....................... A-172 Opinion and Order of the Honorable Alison J. Nathan, dated August 13, 2021 ....................... A-188 Excerpt from Transcript of Proceedings held the Honorable Alison J. Nathan, dated December 20, 2021 ....................... A-202 Excerpt from Transcript of Proceedings held the Honorable Alison J. Nathan, dated December 27, 2021 ....................... A-207 Letter from Christian R. Everdell to the Honorable Alison J. Nathan, dated December 27, 2021 ....... A-223 Excerpt from Transcript of Proceedings held the Honorable Alison J. Nathan, dated December 28, 2021 ....................... A-230 Excerpt from Order of the Honorable Alison J. Nathan, dated February 4, 2022....................... A-238 DOJ-OGR-00020620

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page179 of 208 A-175 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 3 of 15 of Title 18, United States Code, Section 2423(b); and (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, and obtaining by any means a person, knowing that had not attained the age of 18 years and would be caused to engage in a commercial sex act as defined in 18 U.S.C. § 1591(c)(1); in violation of Title 18, United States Code, Sections 1591(a)(1) and 2; and IT APPEARING that Epstein seeks to resolve globally his state and federal criminal liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, including undertaking certain actions with the State Attorney's Office; IT APPEARING, after an investigation of the offenses and Epstein's background by both State and Federal law enforcement agencies, and after due consultation with the State Attorney's Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; THEREFOR, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be deferred in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below. If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement. After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein if any, will be dismissed. Page 2 of 7 DOJ-OGR-00020797

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Case 21-770, Document 57, 04/19/2021, 3080288, Page3 of 30 that the presumption of innocence is more than mere words on a page. This Reply responds to the arguments the Government does raise: 1. The Court did not conduct a “lengthy bail hearing.” Resp.¶2. The transcript of the video arraignment and bail hearing spans only 91 pages, with the bail arguments on pages 22-79. The Government did not present any actual evidence at this brief hearing. Br.7-8,19-21. During the bail hearing, each time the Government mentioned the strength of its case, it cited to the Indictment. See, e.g., Ex.D, p.24(“Turning first to the strength of the evidence, the indictment in this case arises … . The indictment further charges that …”); pg. 25 (“The indictment makes plain … it was an ongoing scheme … Given the strength of the government’s evidence … there is an incredibly strong incentive for the defendant to flee …”). The court erred in agreeing that the Indictment itself demonstrates strength. Id. at 82 (“[I]t is appropriate to consider the strength of the evidence proffered by the government in assessing risk of flight. The government’s evidence at this early juncture of the case appears strong. Although the charged conduct took place many years ago, the indictment describes …”). At no point did the Government introduce or even proffer any actual evidence. 3 DOJ-OGR-00001375

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page3 of 208 ii Page Order of the Honorable Alison J. Nathan, dated February 24, 2022 ............................ A-239 The Government's Memorandum in Opposition to the Defendant's Motion for a New Trial, filed February 24, 2022 (Omitted herein) Exhibit A to Government Memorandum - Independent Online Article "Ghislaine Maxwell Juror Breaks Silence to The Independent: 'This Verdict is for All the Victims'", published January 5, 2022 ............................ A-242 Exhibit B to Government Memorandum - DailyMail Online Article "Exclusive: 'Ghislaine was a Predator as Guilty as Epstein': Maxwell Juror Describes Moment he 'locked eyes' with Sex Trafficker and Reveals his Own Abuse Ordeal", published January 5, 2022............................ A-248 Exhibit C to Government Memorandum - Reuters Online Article "Some Ghislaine Maxwell Jurors Initially Doubted Accusers, Juror Says", published January 5, 2022 ............................ A-260 Transcript of Juror 50 Hearing held before the Honorable Alison J. Nathan, dated March 8, 2022 A-264 Exhibit 1 to Hearing Transcript - Questionnaire Form of Juror 50, dated March 8, 2022............................ A-289 Opinion and Order of the Honorable Alison J. Nathan, dated April 1, 2022 ............................ A-318 Opinion and Order of the Honorable Alison J. Nathan, dated April 29, 2022............................ A-358 DOJ-OGR-00020621

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Case 21-770, Document 57, 04/19/2021, 3080288, Page4 of 30 The Government makes much of the fact that its Indictment is "speaking." But speaking or not, an indictment is not a substitute for evidence and cannot be used as proof that the case is strong. If that were true, then every single case would be strong because in every case there is an indictment. 2. Similarly, the "additional charges" do not "strengthen the evidence against Maxwell" and do not "further support Judge Nathan's detention orders." Resp.¶6, n.2. The new charges are allegations, nothing more. Piling allegation on allegation and then calling it proof does not make it so. Allegations are not evidence. Moreover, these charges will require Ms. Maxwell to spend more time with her lawyers, not less, and further illustrate why bail is necessary.1 3. Contrary to the Government's assertion, "[e]ach witness's testimony" is not "corroborated by that of other victim-witnesses." Resp.¶9. The Government continues to press the false point that the mere number of accusers provides corroboration for the accusers. To the 1The defense has been forced to asked for a continuance of the July trial because of the expansion of the conspiracy time period. Ex.O. If the trial is delayed and Ms. Maxwell is not released on bail, she will be further prejudiced with the inhumane conditions of confinement and the inability to aid her defense.

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 4 of 208 iii Page Excerpt from Transcript of Sentencing, dated June 28, 2022.................... A-403 Notice of Appeal, dated July 7, 2022.................... A-420 DOJ-OGR-00020622

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page181 of 208 A-177 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 5 of 15 proposed agreements with the State Attorney's Office prior to entering into those agreements. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. 8. If any of the individuals referred to in paragraph (7), supra, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C.§ 2255, as set forth in paragraph (8), supra, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. 11. Epstein shall use his best efforts to enter his guilty plea and be Page 4 of 7 DOJ-OGR-00020799

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Case 21-770, Document 57, 04/19/2021, 3080288, Page5 of 30 contrary. Not a single on of the anonymous accusers saw or heard what purportedly happened to the other accusers. Not a single one of the anonymous accusers will be able to corroborate the 25-year old stories of the other accusers. Indeed, their stories are contradictory, not corroborating. At a real hearing, the defense will demonstrate that each of the witness' stories has dramatically changed over the years. At first, none of the anonymous accusers even mentioned Ms. Maxwell. As they hired the same law firm, sought money and fame, joined a movement, and only after Epstein died, did the accusers start to point the finger at Ms. Maxwell. Far from corroboration, this is fabrication. The district judge erred in relying on the Indictment as proof that the Government's case is strong. 4. Because there was no meaningful proffer, the Government's reliance on United States v. LaFontaine, 210 F.3d 125, 131 (2d Cir. 2000) and United States v. Martir, 782 F.2d 1141, 1145 (2d Cir. 1986), is misplaced. Resp. ¶34. In fact, those cases highlight the court's error. In LaFontaine, for example, the bail revocation hearing lasted three days where the government's proffer included providing tape recordings, transcripts, and an affidavit for the court. No such evidentiary proffer 5 DOJ-OGR-00001377

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Case 22-1426, Document 57 02/28/2023, 3475900, Page5 of 208 A-1 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Query Reports Utilities Help Log Out CLOSED,APPEAL,ECF U.S. District Court Southern District of New York (Foley Square) CRIMINAL DOCKET FOR CASE #: 1:20-cr-00330-AJN-1 Case title: USA v. Maxwell Date Filed: 06/29/2020 Date Terminated: 06/29/2022 Movant Jordana H. Feldman represented by Patrick J. Smith Smith Villazor LLP 250 West 55th Street 30th Floor New York, NY 10019 (212) 582-4400 Fax: (347) 338-2532 Email: patrick.smith@smithvillazor.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Assigned to: Judge Alison J. Nathan Appeals court case numbers: 21-0058 U.S. Court of Appeals, 2nd Circ., 22-1426 U.S. Court of Appeals, 2nd Circ. Defendant (1) Ghislaine Maxwell TERMINATED: 06/29/2022 also known as Sealed Defendant 1 TERMINATED: 06/29/2022 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 1/113 DOJ-OGR-00020623

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Case 21-770, Document 57, 04/19/2021, 3080288, Page6 of 30 occurred here. The LaFontaine Court explained that "while the informality of bail hearings serves the demands of speed, the ... district judge must also ensure the reliability of the evidence, 'by selectively insisting upon the production of the underlying evidence of evidentiary sources where their accuracy is in question.' Id. at 131 (quoting Martir, 782 F.2d at 1147). And in Martir, this Court recognized the "high stakes" involved in a detention hearing and explained that the power afforded to the lower courts "should always be exercised 'with the recognition that a pretrial detention hearing may restrict for a significant time the liberty of a presumably innocent person.'" 782 F.2d at 1145 (internal citations omitted). It then criticized the government's proffer as stating in "the most general and conclusory terms what it hoped to provide," for failing to submit any "independent evidence, such as tapes, documents, or photographs," and for failing to furnish any testimony or affidavits. Id. at 1147. Sounds familiar. Unlike Martir, where this Court found that it could not reverse because the defense "did not challenge the proffer in any way," Ms. Maxwell absolutely challenged the flimsy proffer from the initial bail hearing through three renewals. Instead of properly putting the Government to the test, the court blindly, uncritically, and 6 DOJ-OGR-00001378

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Case 22-1426, Document 57 02/28/2023, 3475900, Page6 of 208 A-2 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 LEAD ATTORNEY ATTORNEY TO BE NOTICED Laura A. Menninger Haddon, Morgan and Foreman, P.C. 950 17th Street Ste 1000 Denver, CO 80202 303-831-7364 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 Sterheim Bobbi C. Sterheim, Esq. 225 Broadway Suite 715 New York, NY 10007 212-243-1100 Fax: 888-587-4737 Email: bcsterheim@mac.com ATTORNEY TO BE NOTICED Designation: Retained Pending Counts 18:371.F CONSPIRACY TO ENTICE MINORS TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (1ss) 18:371.F CONSPIRACY TO TRANSPORT MINORS WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (3ss) 18:2423.F COERCION OR ENTICEMENT OF MINOR FEMALE (TRANSPORTATION OF A MINOR WITH INTENT TO ENGAGE IN CRIMINAL Disposition Judgment not entered on 1 & 5 as multipicitous, Dkt. No. 657. IMPRISONMENT: The Defendant is sentenced to a term of 240 Months. Count 3 a sentence of 60 Months. Count 4 a sentence of 120 Months. Count 6 a sentence of 240 Months. All Counts to run concurrently. SUPERVISED RELEASE: 3 Years on Counts 3 and 4. 5 Years on Count 6 to run concurrently. FINE: $750,000.00 IMPRISONMENT: The Defendant is sentenced to a term of 240 Months. Count 3 a sentence of 60 Months. Count 4 a sentence of 120 Months. Count 6 a sentence of 240 Months. All Counts to run concurrently.

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Case 21-770, Document 57, 04/19/2021, 3080288, Page7 of 30 erroneously adopted its conclusory proffer. 5. Ms. Maxwell's intention to evade the media does not even marginally amount to risk of flight. Resp.¶33. The Government does not dispute that the media placed a bounty on Ms. Maxwell or that she was being stalked by them before her arrest. Of course she took measures to protect herself and her family, just as government lawyers and judges do when their safety is at issue. Ms. Maxwell was at her home in the United States. The Government admits that it knew where she was. It had such confidence that it could arrest her whenever it chose that it orchestrated her arrest to coincide with a press conference replete with incendiary demonstrative aids. And it is worth repeating that the Government does not claim that Ms. Maxwell – a 59-year old woman with no prior criminal history – is a danger to the community. She is no monster, but she is being treated like one because of the “Epstein effect.” 6. The Government's contention that Ms. Maxwell receives more time than other inmates at MDC to “review her discovery” and “communicate with her attorneys” does not prove anything about whether she is actually able to effectively prepare her defense. Ms. Maxwell needs more time with her lawyers and discovery than almost any other MDC 7 DOJ-OGR-00001379

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Case 22-1426, Document 57 02/28/2023, 3475900, Page7 of 208 A-3 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 SEXUAL ACTIVITY) (4ss) 18:371.F SEX TRAFFICKING CONSPIRACY (5ss) 18:1591.F SEX TRAFFICKING OF CHILDREN OR BY FORCE, FRAUD OR COERCION (6ss) SUPERVISED RELEASE: 3 Years on Counts 3 and 4. 5 Years on Count 6 to run concurrently. FINE: $750,000.00 Judgment not entered on 1 & 5 as multipicitous, Dkt. No. 657. IMPRISONMENT: The Defendant is sentenced to a term of 240 Months. Count 3 a sentence of 60 Months. Count 4 a sentence of 120 Months. Count 6 a sentence of 240 Months. All Counts to run concurrently. SUPERVISED RELEASE: 3 Years on Counts 3 and 4. 5 Years on Count 6 to run concurrently. FINE: $750,000.00 Highest Offense Level (Opening) Felony Terminated Counts Disposition 18:371.F CONSPIRACY TO ENTICE MINORS TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (1) Dismissed 18:371.F CONSPIRACY TO ENTICE MINORS TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (1s) Dismissed 18:2422.F COERCION OR ENTICEMENT OFA MINOT TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS (2) Dismissed 18:2422.F COERCION OR ENTICEMENT OF MINOR TO ENGAGE IN ILLEGAL SEX ACTS (2s) Dismissed 18:2422.F COERCION OR ENTICEMENT OF FEMALE (ENTICEMENT OF A MONOR TO TRAVEL TO ENGAGE IN ILLEGAL SEX ACTS) (2ss) Acquitted by Jury 18:371.F CONSPIRACY TO TRANSPORT MINORS WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (3) Dismissed 18:371.F 18:371.F CONSPIRACY TO TRANSPORT MINORS WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (3s) Dismissed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 3/113 DOJ-OGR-00020625

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Case 21-770, Document 57, 04/19/2021, 3080288, Page8 of 30 inmate, few of which are preparing for trial. Over 97% of criminal defendants plead guilty and, therefore, need far less time with their lawyers. Of the remaining 3% who do proceed to trial, the vast majority are out on bond. For those few in custody, how many involve anonymous accusations that are decades old and 2.7 million pages?2 And how often is such a defendant forced to prepare her case during a pandemic where in-person lawyer visits are unsafe and impractical? It is no wonder that courts around the country are ordering temporary release under § 3142(i) for the few defendants who are trying to prepare for trial during the pandemic. The Government's weak response is that Ms. Maxwell only mentioned temporary release at the first bail hearing. The Government suggests waiver, without saying it. Nonsense. Ms. Maxwell has repeatedly pressed her inability to effectively prepare her defense, which is properly 2To illustrate, for Ms. Maxwell to review the 2.7 million pages, she would have to do it, page by page, on a computer screen. If she spent only 1 minute per page, it would take 45,000 hours or 3,750 days (at 12 hours a day), without taking any notes, without discussing a single page with her lawyers, and not including the discovery that is on the way. Although the Government labels this new discovery "non-testifying witness discovery," it really is Brady material which severely undermines the already weak case. 8 DOJ-OGR-00001380

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Case 22-1426, Document 57 02/28/2023, 3475900, Page8 of 208 A-4 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 18:2423.F COERCION OR ENTICEMENT OF MINOR FEMALE (TRANSPORTATION OF A MINOR WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY) (4) Dismissed 18:2423.F TRANSPORTATION OF A MINOR WITH INTENT TO ENGAGE IN CRIMINAL SEXUAL ACTIVITY (4s) Dismissed 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (PERJURY) (5-6) Dismissed 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (5s-6s) Dismissed 18:1623.F FALSE DECLARATIONS BEFORE GRAND JURY/COURT (PERJURY) (7ss-8ss) Dismissed Highest Offense Level (Terminated) Felony Complaints None Disposition Interested Party Reporters Committee for Freedom of the Press represented by Katielynn Boyd Townsend Reporters Committee For Freedom of The Press 1156 15th Street NW Suite 1020 Washington, DC 20005 202-795-9300 Fax: 202-795-9310 Email: ktownsend@rcfp.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Intervenor Boies Schiller Flexner LLP And the Victims it Represents represented by David Boies, II Boies, Schiller & Flexner LLP (Armonk) 333 Main Street Armonk, NY 10504 (914)-749-8200

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Case 21-770, Document 57, 04/19/2021, 3080288, Page9 of 30 before this Court. 7. Ms. Maxwell is not suggesting that "any defendant in a case with voluminous discovery must be released on bail to prepare for trial." Resp.¶40. Her case and situation is unique. Other defendants may pose a danger to the community. The Government concedes that she does not. Other defendants may not be U.S. citizens. She is. Other defendants may not have strong U.S. connections. Ms. Maxwell has lived here for 30 years, has a husband and step-children here, and has two sisters who are U.S. citizens and live here. Other defendants may not have pledged almost all of their assets or offer to have a monitor track her expenses. Ms. Maxwell has. Other defendants may not be willing to renounce their foreign citizenship. She is. Other defendants may have prior convictions. She does not. But other defendants have no connection to Jeffrey Epstein, and she does. Although unstated, that old connection is the driving factor for detention, and that is error. 8. The Government says that the district judge has "closely monitored" her conditions of confinement. Unfortunately, that is not accurate. The District Court accepted, without any real inquiry, the self-serving Government letters. These letters describe a "prison 9 DOJ-OGR-00001381

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Case 22-1426, Document 57 02/28/2023, 3475900, Page9 of 208 A-5 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Fax: (914)-749-8300 Email: dboies@bsfllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Designation: Retained Sigrid S. McCawley Boies, Schiller & Flexner LLP 401 East Las Olas Boulevard, Suite 1200 Fort Lauderdale, FL 33301 954-356-0011 Fax: 954-356-0022 Email: smccawley@bsfllp.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Designation: Retained 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 5/113 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 DOJ-OGR-00020627

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Case 21-770, Document 57, 04/19/2021, 3080288, Page10 of 30 paradise," not one of the most notorious prisons in America. A "day room." Two computers. Recreation. Eye masks. But the Government's description of Ms. Maxwell's conditions is not true. For example, she has no eye mask. The guards flash lights in her cell every 15 minutes for no reason so she tries as best as she can to shield her eyes with a towel that is not secured and not effective against the unwelcome beams. Even the Government does not dispute that Ms. Maxwell is in de facto solitary confinement. It does not dispute that she has no surface to write on in her isolation cell. It does not dispute that there is often cloudy, obviously unsanitary, water in the jail. It does not dispute that she is being forced to prepare for this trial with a computer that cannot do research and cannot search documents. Attached as Exhibit P, is a response to the latest Government letter, which outlines her actual conditions. It is inconceivable that the government lawyers or its witnesses could prepare for trial under these conditions. It is painfully apparent that the two sides are far apart on how Ms. Maxwell is being treated. The Government's letters, however, are based on multiple layers of hearsay - prison guards to the prison lawyer to the prosecutor, which get summarized in an unsworn letter to the court. No 10 DOJ-OGR-00001382

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 10 of 208 A-6 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 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 Coney, 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: 07/06/20) 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 6/113 DOJ-OGR-00020628

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Case 21-770, Document 57, 04/19/2021, 3080288, Page11 of 30 affidavits at all, let along from anyone with actual knowledge, were submitted to the court. And the judge has never had an evidentiary hearing about the conditions. In its most recent letter, the Government contends that Ms. Maxwell's allegation of abuse by the prison guards is unfounded because the Bureau of Prisons has reviewed a video of the incident and has concluded that there is no abuse. This self-serving proclamation is no substitute for evidence. The prosecutors who filed the letter do not even claim to have watched the video. The Government should produce it for the court and defense to review. The court should conduct a hearing to determine what actually happened. The Government professes to believe women, but only when those women are on their side, despite their inconsistent and self-contradictory statements about old, uncorroborated allegations. When it is Ms. Maxwell who has been abused, the Government wants to believe only the abusers who say they did no such thing and without watching the actual video. It seems like the only rule is to get Ms. Maxwell at all costs. And it seems that a conviction is not even enough for the Government - it wants to go so far as to humiliate Ms. Maxwell with false statements about the cleanliness of her cell. See 11 DOJ-OGR-00001383

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page11 of 208 A-7 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 system 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 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(c)(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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 7/113 DOJ-OGR-00020629

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Case 21-770, Document 57, 04/19/2021, 3080288, Page12 of 30 Gov'tEx. (April 6, 2021 letter, n.2). But as Ms. Maxwell explained, the Government's narrative is total fiction - the unsanitary conditions are caused by other inmates and guards, not Ms. Maxwell. 9. The Government also makes much of Ms. Maxwell's vaccination. Again this demonstrates a gross double standard. Imagine if the defense had publicly filed medical information about the accusers. There would be hell to pay. The Government insists on secrecy and redactions when discussing their witnesses, and will not even reveal their names. Yet it freely discloses private information in violation of HIPAA about Ms. Maxwell in public filings. In any event, whether Ms. Maxwell is vaccinated or not does not help her search documents on an ancient computer or give her access to a printer or allow her to meet with her lawyers (who would still need to come into the jail and interact with numerous other prisoners and guards who have not been vaccinated). Ms. Maxwell's bail motion is not based on her risk of contracting COVID. Her vaccination status is irrelevant. 12 DOJ-OGR-00001384

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page12 of 208 A-8 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 214-616-0400 and using the same access code and PIN. These phone lines will accommodate approximately 500 callers on a first come, first serve basis. The Court will provide counsel for both sides an additional dial-in https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 8/113 DOJ-OGR-00020630

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Case 21-770, Document 57, 04/19/2021, 3080288, Page13 of 30 CONCLUSION Ms. Maxwell should be released. The allegations against her are weak, she is not a risk of flight, and her appearance at trial is assured by an unprecedented bail package. In the meantime, she cannot effectively prepare for trial under these truly appalling conditions. The Government's tactic in this appeal, and in the court below, is transparent - it is "trust us." Trust our proffer on the evidence because we indicted her (and this case relates to Jeffrey Epstein). Trust us when we say her conditions are fine because the Bureau of Prisons says they are fine (and we can't have another Jeffrey Epstein situation). The court below clearly erred, however, in just trusting the Government without any actual evidence and without a real hearing, notwithstanding Jeffrey Epstein. As much as the Government would like this case to be the Jeffrey Epstein show, Ghislaine Maxwell is not Jeffrey Epstein. Ms. Maxwell understands that she and the Government are not going to agree on the facts. This is an adversary system, of course. But in that circumstance, there must be an adversarial hearing where Ms. Maxwell can demonstrate that the Government's case - based on old, anonymous accusations - is weak. There must be an adversarial hearing 13 DOJ-OGR-00001385

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page13 of 208 A-9 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 Government's 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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 9/113 DOJ-OGR-00020631

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Case 21-770, Document 57, 04/19/2021, 3080288, Page14 of 30 where she can demonstrate that her conditions of confinement make preparing for trial impossible. There must be an adversarial hearing where she can challenge any contrary evidence. At the very least, this matter should be remanded to the trial court to conduct such proceedings. Respectfully submitted, MARKUS/MOSS PLLC 40 N.W. Third Street Penthouse One Miami, Florida 33128 Tel: (305) 379-6667 Fax: (305) 379-6668 markuslaw.com By: /s/ David Oscar Markus DAVID OSCAR MARKUS Florida Bar Number 119318 dmarkus@markuslaw.com 14 DOJ-OGR-00001386

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Case 22-1426, Document 57 02/28/2023, 3475900, Page14 of 208 A-10 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 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) (lnl) (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. (Attachments: # 1 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 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 10/113 DOJ-OGR-00020632

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Case 21-770, Document 57, 04/19/2021, 3080288, Page15 of 30 CERTIFICATE OF COMPLIANCE I CERTIFY that this petition complies with the type-volume limitation of FED. R. APP. P. 27. According to Microsoft Word, the numbered pages of this petition contains 2600 words, excluding the parts of the brief exempted by Federal Rule of Appellate Procedure 27(d)(2). This petition complies with the typeface requirements of Fed. R. App. P. 32(a)(5) and the type-style requirements of Fed. R. App. P. 27 because it has been prepared in a proportionally spaced typeface using WordPerfect in Century Schoolbook 14-point font. /s/ David Oscar Markus David Oscar Markus CERTIFICATE OF SERVICE I CERTIFY that a true and correct copy of the foregoing was e-filed this 19th day of April, 2021. /s/ David Oscar Markus David Oscar Markus 15 DOJ-OGR-00001387

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Case 22-1426, Document 57 02/28/2023, 3475900, Page15 of 208 A-11 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 statement might have occurred decades ago and https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?7211087015221896-L_1_0-1 11/113 DOJ-OGR-00020633

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Case 21-770, Document 57, 04/19/2021, 3080288, Page16 of 30 EXHIBIT O DOJ-OGR-00001388

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Case 22-1426, Document 57 02/28/2023, 3475900, Page16 of 208 A-12 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 "reference[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 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 12/113 DOJ-OGR-00020634

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page17 of 208 A-13 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 Governments opposition to Defendant's letter motion is hereby due Friday, August 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. 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 13/113 DOJ-OGR-00020635

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Case 22-1426, Document 57 02/28/2023, 3475900, Page18 of 208 A-14 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 from USA dated October 6, 2020 re: Request to Delay Disclosure. (Everdell, Christian) (Entered: 10/14/2020) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 14/113 DOJ-OGR-00020636

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Case 22-1426, Document 57 02/28/2023, 3475900, Page19 of 208 A-15 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 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) | 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 WHEREOF, 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 the 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) (lnl) (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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 15/113 DOJ-OGR-00020637

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Case 22-1426, Document 57 02/28/2023, 3475900, Page20 of 208 A-16 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 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 November 25, 2020 letter in its entirety. The Court required justification for 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 16/113 DOJ-OGR-00020638

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Case 22-1426, Document 57 02/28/2023, 3475900, Page21 of 208 A-17 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 119-20. "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 forthincluding, most notably, the privacy interests of the individuals referenced in the lettersfavor 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 to jointly prepare a briefing schedule for the Defendant's forthcoming 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) 12/04/2020 85 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 4, 2020 re: Briefing Schedule (Everdell, Christian) (Entered: 12/04/2020) 12/04/2020 86 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/25/2020 re: Sealing (Everdell, Christian) (Entered: 12/04/2020) 12/04/2020 87 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/30/2020 re: Sealing (Everdell, Christian) (Entered: 12/04/2020) 12/07/2020 88 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sophia Papapetru and John Wallace dated 12/4/20 re: This letter is written in response to your order dated December 2, 2020, concerning Ghislaine Maxwell, Reg. 02879-509., an inmate currently confined at the Metropolitan Detention center in Brooklyn, New York. You expressed various concerns regarding Ms. Maxwells confinement and well-being. (jw) (Entered: 12/07/2020) 12/07/2020 89 ORDER as to Ghislaine Maxwell re: 85 Letter filed by Ghislaine Maxwell. The Court is in receipt of the Defendant's December 4, 2020 letter, Dkt. No. 85, and hereby sets the following schedule: The Defendants submission is due December 8, 2020; the Government's response is due December 16, 2020; The Defendant's reply is due December 18, 2020. After reviewing these submissions, the Court will determine whether a hearing on the renewed bail motion is necessary. The Court grants the Defendants request that the Government shall file its submission under seal with proposed redactions. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 17/113 DOJ-OGR-00020639

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Case 22-1426, Document 57 02/28/2023, 3475900, Page22 of 208 A-18 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Any objections to proposed redactions are due within 24 hours after any brief has been filed. Finally, the Defendant is granted leave to file a motion not to exceed 40 pages. The Government's response shall also be limited to 40 pages. The Defendant's reply shall not exceed 10 pages ( Defendant submission due by 12/8/2020., Defendant Replies due by 12/18/2020., Government Responses due by 12/16/2020) (Signed by Judge Alison J. Nathan on 12/7/20)(jw) (Entered: 12/07/2020) 12/07/2020 90 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Mark S. Cohen and Christian R. Everdell dated 11/25/20 re: On behalf of my client, Ghislaine Maxwell, we plan to file a Renewed Motion for Release on Bail (the "Motion") and respectfully request an in camera conference, with all counsel present, to address the appropriate procedures for the filing and consideration of the Motion. For the reasons explained below, we intend to request, pursuant to Fed. R. Crim. P. 49.1(d), that the Court permit the filing of portions of the Motion and certain supporting materials under seal and require that any responsive materials be filed under seal.ENDORSEMENT: The Court sees no basis for the sealing of this letter. On or before December 2, 2020, Defendant shall justify why this letter should be sealed (or redacted ). Alternatively, the Defendant may file the letter on the public docket by that date. The Court will take no action on the request pending resolution of the initial sealing question.The Defendant's letter and this memorandum endorsement will be temporarily sealed pending resolution of the sealing request. (Signed by Judge Alison J. Nathan on 11/25/20)(jw) (Entered: 12/07/2020) 12/07/2020 91 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 12/07/2020 re: Response to MDC Report to Court re: conditions (Sternheim, Bobbi) (Entered: 12/07/2020) 12/08/2020 92 ORDER as to Ghislaine Maxwell: On December 4, 2020, the Court received a letter from MDC legal counsel responding to the concerns that the Defendant raised in her November 24, 2020 letter. See Dkt. Nos. 75, 88; see also Dkt. No. 78. The Defendant responded to the MDC legal counsel's letter on December 7, 2020, reiterating her request that the Court summon Warden Heriberto Tellez to personally respond to questions from the Court regarding the Defendant's conditions of confinement. See Dkt. No. 91. Having carefully reviewed the parties' submissions, along with the MDC legal counsel's December 4, 2020 letter, the Court DENIES the Defendant's request to summon the Warden to personally appear and respond to questions. This resolves Dkt. No. 75. Notwithstanding this, as originally provided in Dkt. No. 49, the Government shall continue to submit written status updates detailing any material changes to the conditions of Ms. Maxwell's confinement, with particular emphasis on her access to legal materials, including legal mail and email, and her ability to communicate with defense counsel. The updates shall also include information on the frequency of searches of the Defendant. The Court hereby ORDERS the Government to submit these written updates every 60 days. Furthermore, the Government shall take all 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 18/113 DOJ-OGR-00020640

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Case 22-1426, Document 57 02/28/2023, 3475900, Page23 of 208 A-19 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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.'" 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. (Signed by Judge Alison J. Nathan on 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 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 of access to the materials; and (iii) balance competing considerations against the

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Case 22-1426, Document 57 02/28/2023, 3475900, Page24 of 208 A-20 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 to 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) (lnl) (Entered: 12/23/2020) 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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 20/113 DOJ-OGR-00020642

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Case 21-770, Document 57, 04/19/2021, 3080288, Page25 of 30 EXHIBIT P DOJ-OGR-00001397

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Case 22-1426, Document 57 02/28/2023, 3475900, Page25 of 208 A-21 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 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 tothe 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: Extenstion 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. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 21/113 DOJ-OGR-00020643

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Case 22-1426, Document 57 02/28/2023, 3475900, Page26 of 208 A-22 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 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) 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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 22/113 DOJ-OGR-00020644

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Case 22-1426, Document 57 02/28/2023, 3475900, Page27 of 208 A-23 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 under 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 Government's and 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) (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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 23/113 DOJ-OGR-00020645

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Case 22-1426, Document 57 02/28/2023, 3475900, Page28 of 208 A-24 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 02/04/2021 | 139 | MOTION to Suppress Under the Fourth Amendment, Martindell, and the Fifth 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. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 24/113 DOJ-OGR-00020646

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Case 22-1426, Document 57 02/28/2023, 3475900, Page29 of 208 A-25 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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) 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 AUSAs 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 25/113 DOJ-OGR-00020647

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Case 22-1426, Document 57 02/28/2023, 3475900, Page30 of 208 A-26 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 AUSAs 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 parties are 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) 03/22/2021 | 169 ORDER as to Ghislaine Maxwell: Defendant Ghislaine Maxwell's third motion for release on bail, Dkt. No. 160, is DENIED. The parties are ORDERED to meet and confer and propose and justify any redactions to the Defendant's reply brief by March 24, 2021. If they conclude that redactions are unnecessary, the Defendant is ORDERED to docket the unredacted version of the brief by March 24, 2021. (Signed by Judge Alison J. Nathan on 3/22/2021) (See ORDER set forth) (ap) Modified on 3/23/2021 (ap). (Entered: 03/22/2021) 03/22/2021 | 170 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 March 22, 2021 re: Redactions to Government Opposition to Defense Pretrial Motions Document filed by USA. (Pomerantz, Lara) (Entered: 03/22/2021) 03/23/2021 | 171 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 160 THIRD MOTION for Bond . . (Sternheim, Bobbi) (Entered: 03/23/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 26/113 DOJ-OGR-00020648

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Case 22-1426, Document 57 02/28/2023, 3475900, Page31 of 208 A-27 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 03/24/2021 172 ORDER as to Ghislaine Maxwell. On March 5, 2021, Defendant Ghislaine Maxwell submitted to the Court an application for an order authorizing a subpoena pursuant to Rule 17(c)(3) of the Federal Rules of Criminal Procedure. The proposed subpoena was directed at a law firm that represents alleged victims of the Defendant. As is standard for Rule 17(c) subpoenas, the application was made ex parte and under seal on the ground that it reveals defense strategy....[*** See this Order ***]... Rule 17(c)(3) provides that " [a]fter [an indictment] is filed, a subpoena requiring the production of personal or confidential information about a victim may be served on a third party only by court order," but "before entering the order and unless there are exceptional circumstances, the court must require giving notice to the victim so that the victim can move to quash or modify the subpoena or otherwise object." Fed. R. Crim. P. 17(c)(3). Consistent with the Rule, on March 12, 2021, in a sealed ex parte Order, the Court required defense counsel to provide notice to alleged victims whose personal or confidential information may be disclosed by the proposed subpoena. The Court also gave the alleged victims an opportunity to object to or request modifications of the subpoena as required by Rule 17(c)(3). On March 19, 2021, the Court received a letter from the law firm indicating that it can provide notice to alleged victims whose personal or confidential information may be elicited by the subpoena. The law firm shall provide notice to any such alleged victims it represents. In that letter, the law firm also interposed substantial objections on behalf of the law firm and the alleged victims it represents. Those objections are functionally the equivalent of a motion to quash, even though the subpoena has not yet issued. So that the Court can receive adversarial briefing on the proposed subpoena comparable to a motion to quash, the law firm shall enter an appearance and file its objections on the public docket. See United States v. Ray, No. 20-CR-110 (LJL), 2020 WL 6939677, at *10 (S.D.N.Y. Nov. 25, 2020) ("[I]f the Court determines that the subpoena calls for personal or confidential information about a victim, it requires the requesting party have given notice to the victim before it permits the service of the subpoena. If the victim objects, the Court will then determine whether to modify or quash the subpoena, including on grounds that Nixon was not satisfied.") In advance of noticing an appearance and filing, the law firm shall meet and confer with defense counsel to see if any issues can be narrowed before formal briefing. Moreover, prior to filing, the law firm shall confer with defense counsel as to any proposed, necessary, and tailored redactions to the objections. The law firm’s objections with any proposed redactions shall be filed on or before March 26, 2021.Any redactions must be justified consistent with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Within one week of the filing of objections, defense counsel may respond to the subpoena objections. The law firm may reply within three days of the Defendant’s response.(See Citation 1 on this Order). Counsel shall confer regarding any proposed redactions for all briefing. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/24/2021)(bw) (Entered: 03/24/2021) 03/24/2021 173 NOTICE OF APPEAL by Ghislaine Maxwell from 169 Order, Terminate Motions. (tp) (Additional attachment(s) added on 4/1/2021: # 1 Appeal Fee) (tp). (Entered: 03/24/2021) 03/24/2021 Appeal Remark as to Ghislaine Maxwell re: 173 Notice of Appeal. $505.00 Appeal Fee Due. (tp) (Entered: 03/24/2021) 03/24/2021 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ghislaine Maxwell to US Court of Appeals re: 173 Notice of Appeal. (tp) (Entered: 03/24/2021) 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) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 27/113 DOJ-OGR-00020649

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Case 22-1426, Document 57 02/28/2023, 3475900, Page32 of 208 A-28 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 03/24/2021 | 176 | SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021) | | 03/24/2021 | 177 | SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021) | | 03/24/2021 | 178 | SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021) | | 03/24/2021 | 179 | SEALED DOCUMENT placed in vault. (dn) (Entered: 03/24/2021) | | 03/26/2021 | 180 | NOTICE of Appearance of David Boies for Boies Schiller Flexner LLP and the Victims it Represents as to Ghislaine Maxwell (Boies, David) (Entered: 03/26/2021) | | 03/26/2021 | 181 | NOTICE of Appearance of Sigrid S. McCawley for Boies Schiller Flexner LLP and the Victims it Represents as to Ghislaine Maxwell (McCawley, Sigrid) (Entered: 03/26/2021) | | 03/26/2021 | 182 | MOTION for Sigrid S. McCawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24312691. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Boies Schiller Flexner LLP as to Ghislaine Maxwell. (Attachments: # 1 Declaration of Sigrid S. McCawley, # 2 Florida Certificate of Good Standing, # 3 District of Columbia Certificate of Good Standing, # 4 Text of Proposed Order)(McCawley, Sigrid) (Entered: 03/26/2021) | | 03/26/2021 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 182 MOTION for Sigrid S. McCawley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24312691. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 03/26/2021) | | 03/26/2021 | 183 | LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid S. McCawley dated March 22, 2021 re: Objection to Defendant Ghislaine Maxwell's motion for an order authorizing a Rule 17(c) subpoena. Document filed by Boies Schiller Flexner LLP. (McCawley, Sigrid) (Entered: 03/26/2021) | | 03/26/2021 | 184 | LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid S. McCawley dated March 26, 2021 re: Proposed redactions to March 22, 2021 Letter (ECF No. 183) Document filed by Boies Schiller Flexner LLP. (McCawley, Sigrid) (Entered: 03/26/2021) | | 03/26/2021 | 185 | 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 March 26, 2021 re: Recent decision in United States v. Schulte, 17 Cr. 548 (PAC) Document filed by USA. (Attachments: # 1 Exhibit 1)(Comey, Maurene) (Entered: 03/26/2021) | | 03/26/2021 | 186 | ORDER as to Ghislaine Maxwell: The Court sees no reason to maintain the redactions on Boies Schiller Flexner's March 26, 2021 letter. Dkt. No. 183. Unless the Government indicates an objection to removing those redactions by March 29, 2021, BSF shall file the unredacted version on the docket on March 30, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/26/2021) (lnl) (Entered: 03/26/2021) | | 03/29/2021 | 187 | (S2) SUPERSEDING INDICTMENT FILED as to Ghislaine Maxwell (1) count(s) 1ss, 2ss, 3ss, 4ss, 5ss, 6ss, 7ss-8ss. (jm) (Entered: 03/29/2021) | | 03/29/2021 | 188 | 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 March 29, 2021 re: S2 Superseding Indictment Document filed by USA. (Comey, Maurene) (Entered: 03/29/2021) | https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 28/113 DOJ-OGR-00020650

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page173 of 208 A-169 Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 32 of 34 D. Rule 404(b) material Maxwell's final discovery request is for early disclosure of evidence the Government seeks to offer under Federal Rule of Evidence 404(b). Under Rule 404(b), if the prosecutor in a criminal case intends to use "evidence of a crime, wrong, or other act" against a defendant, the prosecutor must "provide reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial" and must "do so in writing before trial—or in any form during trial if the court, for good cause, excuses lack of pretrial notice." The Government represents that it will notify the defense of its intent to use 404(b) evidence at least 45 days in advance of trial to allow Maxwell to file any motions in limine to be considered at the final pretrial conference. The Government's proposal will give Maxwell an opportunity to challenge admission of that evidence and to bring to the Court's attention any issues that require resolution before trial. "This is all that Rule 404(b) requires." United States v. Thompson, No. 13-cr-378 (AJN), 2013 WL 6246489, at *9 (S.D.N.Y. Dec. 3, 2013). The Court concludes this schedule is generally reasonable, although additional time to enable briefing and resolution in advance of trial is strongly encouraged. The Court's denial of Maxwell's requests to compel pretrial disclosures does not preclude the parties from negotiating in good faith for an expedited discovery timeline that will account for Maxwell's specific concerns. "[I]n most criminal cases, pretrial disclosure will redound to the benefit of all parties, counsel, and the court." United States v. Percevault, 490 F.2d 126, 132 (2d Cir. 1974). In general, the Court will require the parties to negotiate a final, omnibus schedule to propose to the Court. The Court concludes that the disclosure of all of the above materials approximately six to eight weeks in advance of trial is appropriate and sufficient. 32 DOJ-OGR-00020791

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 33 of 208 A-29 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 03/29/2021 189 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter responding to its March 18, 2021 order regarding redactions to its omnibus memorandum of law in opposition to the Defendants twelve pretrial motions. Dkt. No. 170. the Court ORDERS that the information contained on pages 129134 of the Governments brief be unredacted. With respect to the proposed redactions to pages 118119 and Exhibit 11, the Court now understands that the parties seek redactions on the basis that the material has been maintained under seal in Giuffre v. Maxwell, Case No 15-cv-7433 (S.D.N.Y.). By April 1, 2021, the parties must meet and confer and either submit to the Court justification for those redactionsbeyond that it has been ordered redacted in the civil matteror, in the alternative, notify the Court that the parties are no longer seeking those redactions. If the parties disagree, they shall indicate their separate views in the joint letter. (Signed by Judge Alison J. Nathan on 3/29/21)(jw) (Entered: 03/29/2021) 03/29/2021 190 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated March 29, 2021 re: Clarification re October 7, 2020 Letter Document filed by USA. (Comey, Maurene) (Entered: 03/29/2021) 03/29/2021 USCA Appeal Fees received $ 505.00, receipt number 465401276762 as to Ghislaine Maxwell on 3/25/2021 re: 173 Notice of Appeal - Final Judgment filed by Ghislaine Maxwell. (tp) (Entered: 04/01/2021) 03/30/2021 191 LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison J. Nathan from Sigrid S. McCawley dated March 22,2021 re: Unredacted Objection to Defendant Ghislaine Maxwell's motion for an order authorizing a Rule 17(c) subpoena. Document filed by Boies Schiller Flexner LLP. (McCawley, Sigrid) (Entered: 03/30/2021) 03/31/2021 192 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 03/31/2021 re: Filing of Second Superseding Indictment (Sternheim, Bobbi) (Entered: 03/31/2021) 04/02/2021 ORDER granting 182 Motion for Sigrid S. McCawley to Appear Pro Hac Vice as to Ghislaine Maxwell (1). (Signed by Judge Alison J. Nathan on 4/2/2021) (kwi) (Entered: 04/02/2021) 04/02/2021 193 ORDER as to Ghislaine Maxwell. An arraignment on the S2 Superseding Indictment and a status conference is hereby tentatively scheduled for April 16, 2021. As requested by the Defendant, the proceeding will take place in person. The Court is making logistical arrangements and will provide more information when it is available. The Government is ORDERED to respond to the issues raised in the Defendants March 31, 2021 letter, Dkt. No. 192, by April 9, 2021(Government Responses due by 4/9/2021) (Signed by Judge Alison J. Nathan on 4/2/21)(jw) (Entered: 04/02/2021) 04/05/2021 194 LETTER MOTION addressed to Judge Alison J. Nathan from Laura A. Menninger dated April 5, 2021 re: Unopposed Request for One-Week Continuance of Arraignment . Document filed by Ghislaine Maxwell. (Menninger, Laura) (Entered: 04/05/2021) 04/05/2021 195 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated April 5, 2021 re: Notice of Rule 17(c) subpoenas . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 04/05/2021) 04/06/2021 196 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated April 6, 2021 re: MDC Conditions Update Document filed by USA. (Comey, Maurene) (Entered: 04/06/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 29/113 DOJ-OGR-00020651

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 34 of 208 A-30 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 04/07/2021 | 197 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/07/2021 re: Response to Government MDC Update (Sternheim, Bobbi) (Entered: 04/07/2021) 04/08/2021 | 198 | ORDER as to Ghislaine Maxwell: The Defendant's request to adjourn the arraignment on the S2 Superseding Indictment is GRANTED. Dkt. No. 194. The arraignment is RESCHEDULED to occur on April 23, 2021 at 2:30 p.m. It will take place at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Courtroom 24B, New York, NY 10007. It is ORDERED that the parties ensure that all participants comply with the Southern District of New York's COVID-19-related orders that govern entry into and behavior within SDNY courthouses. These materials may be found at: https://www.nysd.uscourts.gov/covid-19-coronavirus. Court staff are working on the logistical arrangements related to public access (including a public dial-in number), and as soon as that information is available it will be provided in a public order. SO ORDERED. (Arraignment set for 4/23/2021 at 02:30 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 4/8/2021) (lnl) (Entered: 04/08/2021) 04/09/2021 | 199 | 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 April 9, 2021 re: Response to Defense March 31, 2021 Letter Document filed by USA. (Comey, Maurene) (Entered: 04/09/2021) 04/14/2021 | 200 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/13/2021 re: Proposed Order to Marshal (Sternheim, Bobbi) (Entered: 04/14/2021) 04/14/2021 | 201 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 200 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/13/2021 re: Proposed Order to Marshal. ENDORSEMENT: After conferring with the District Executive and the United States Marshal for the Southern District of New York, the Court denies the request. The U.S. Marshall has a generally applicable policy that prohibits inmates being held in the Courthouse cellblocks from possessing any materials or items. The circumstances do not warrant an exception to that policy. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/14/2021)(bw) (Entered: 04/14/2021) 04/15/2021 | 202 | MOTION to Continue Trial Date. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 04/15/2021) 04/16/2021 | 203 | ORDER as to Ghislaine Maxwell: The Court is in receipt of the parties' joint letter responding to the Court's March 29, 2021 Order. The parties agree that the redactions to pages 118 and 119 are no longer necessary. The Defendant continues to press for the redactions on pages 129134. However, for the reasons stated in the Court's March 29, 2021 Order, the information is already part of the public record in this case and accordingly the proposed redactions are unnecessary and overbroad. Dkt. No. 189; see also United States v. Nejad, No. 18-CR-224 (AJN), 2021 WL 681427, at *11 (S.D.N.Y. Feb. 22, 2021). For the reasons stated in the Court's March 18, 2021 and March 29, 2021 Orders, the Court approves the limited redactions to Exhibit 11 to the Government's brief, except for the language quoted in the Indictment, which is already part of the public record. The Government is therefore ORDERED to docket its omnibus memorandum of law, along with the corresponding exhibits, by 3:00 p.m. today, consistent with the Court's orders regarding redactions. The parties are further ORDERED to docket their April 1, 2021 joint letter; if either side believes that portions of that letter should be redacted, they shall propose redactions by April 19, 2021. (Signed by Judge Alison J. Nathan on 4/16/2021) (ap) (Entered: 04/16/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 30/113 DOJ-OGR-00020652

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Case 22-1426, Document 57 02/28/2023, 3475900, Page35 of 208 A-31 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 04/16/2021 204 MEMORANDUM in Opposition by USA as to 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., 123 MOTION to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity., 135 MOTION to Dismiss Counts Five and Six of the Superseding Indictment Because the Alleged Misstatements Are Not Perjurious as a Matter of Law., 121 MOTION to Dismiss Either Count One Or Count Three of the Superseding Indictment as Multiplicitous., 125 MOTION to Dismiss the Superseding Indictment as it was Obtained in Violation of the Sixth Amendment., 147 MOTION for Bill of Particulars and Pretrial Disclosures., 119 MOTION for Separate Trial on Counts Ghislaine Maxwell (1) Count 5s-6s,5-6 ., 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., 145 MOTION to Strike Surplusage from Superseding Indictment., 143 MOTION to Dismiss Counts One Through Four of the Superseding Indictment as Time-Barred., 137 MOTION to Dismiss Counts One Through Six of the Superseding Indictment for Pre-Indictment Delay., 141 MOTION to Dismiss the Superseding Indictment for Breach of Non-Prosecution Agreement.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12) (Pomerantz, Lara) (Entered: 04/16/2021) 04/16/2021 205 ORDER as to Ghislaine Maxwell: On March 15, 2021, the Defendant filed under seal her reply briefs to the Government memorandum of law opposing Defendants' twelve pre-trial motions. She filed the briefs, along with the corresponding exhibits, temporarily under seal in order to permit the Government and the Court to review certain proposed redactions. Of the twelve reply briefs, Reply Briefs 2, 4, 7, 8, 9, 11, and 12 did not contain any redaction or sealing requests. Reply Briefs 1, 3, 5, 6, and 10 contain limited proposed redactions. Reply Briefs 3, 6, and 10 also contain exhibits that the Defendant proposes be filed under seal. As set forth in the Defendant's cover letter, the premise of the proposed redactions is that the materials were produced in discovery and subject to the protective order that has been entered in this case. The mere existence of a confidentiality agreement or a protective order covering judicial documents is insufficient to overcome the presumption of access. See Aioi Nissay Dowa Ins. Co. v. Prosight Specialty Mgmt. Co., Inc., 12-cv-3274 (JPO), 2012 WL 3583176, at *6 (S.D.N.Y. Aug. 21, 2012). And the Court did not receive specific requests or justifications to redact or seal any of the materials. The Defendant is ORDERED to docket Reply Briefs 2, 4, 7, 8, 9, 11, and 12 on ECF today, as she did not propose any redactions to these and the Government has not voiced any opposition to these being filed without redactions. If either side is seeking these or any other redactions to the remaining reply briefs, they must file a letter indicating the redactions they request and providing specific justifications for the sealing requests or redactions, in line with the principles set forth in Lugosch. By April 20, 2021, the parties shall confer and submit a letter informing the Court whether any redactions are being sought. If no redactions are being sought, the Defendant is ORDERED to docket the remaining reply briefs on ECF by April 20, 2021. (Signed by Judge Alison J. Nathan on 4/16/2021) (ap) (Entered: 04/16/2021) 04/16/2021 206 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 143 MOTION to Dismiss Counts One Through Four of the Superseding Indictment as Time-Barred. . (Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 207 OPINION & ORDER as to Ghislaine Maxwell. In June 2020, a grand jury returned a six-count indictment charging Ghislaine Maxwell with facilitating the late financier Jeffrey Epstein's sexual abuse of minor victims from around 1994 to 1997. The Government filed a first (S1) superseding indictment shortly thereafter, which contained only small, ministerial corrections. The S1 superseding indictment included two counts of enticement

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Case 22-1426, Document 57 02/28/2023, 3475900, Page36 of 208 A-32 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 or transportation of minors to engage in illegal sex acts in violation of the Mann Act and two counts of conspiracy to commit those offenses. It also included two counts of perjury in connection with Maxwell's testimony in a civil deposition. Trial is set to begin on July 12, 2021. Maxwell filed twelve pretrial motions seeking to dismiss portions of the S1 superseding indictment, suppress evidence, and compel discovery. After the parties fully briefed those motions, a grand jury returned a second (S2) superseding indictment adding a sex trafficking count and another related conspiracy count. This Opinion resolves all of Maxwell's currently pending pretrial motions other than those seeking to suppress evidence, which the Court will resolve in due course. The motions, and this Opinion, deal exclusively with the S1 superseding indictment and do not resolve any issues related to the newly added sex trafficking charges. For the reasons that follow, the Court denies Maxwell's motions to dismiss the S1 superseding indictment in whole or in part. It grants her motion to sever the perjury charges for a separate trial. It denies her motion to further expedite discovery. The Court provides a brief summary of its conclusions here and its reasoning on the pages that follow:...*** See this Opinion & Order ***]... Conclusion: The Court DENIES Maxwell's motions to dismiss the indictment as barred by Epstein's non-prosecution agreement (Dkt. No. 141), to dismiss the Mann Act counts as barred by the statute of limitations (Dkt. No. 143), to dismiss the indictment for pre-indictment delay (Dkt. No. 137), to dismiss the Mann Act counts for lack of specificity (Dkt. No. 123), to dismiss the perjury counts as legally untenable (Dkt. No. 135), to strike surplusage (Dkt. No. 145), to dismiss count one or count three as multiplicitous (Dkt. No. 121), and to expedite pretrial disclosures (Dkt. No. 147). The Court GRANTS Maxwell's motion to sever the perjury counts for a separate trial (Dkt. No. 119). The Court ORDERS the Government to confirm within one week whether it considers any evidence related to negotiation of the non-prosecution agreement to constitute Brady or Rule 16 material and, if so, to confirm that it has or will disclose such evidence. The Court further ORDERS the parties to negotiate a final schedule for all pretrial disclosures that remain outstanding, including: Brady, Giglio, and Jenks Act materials, including co-conspirator statements; non-testifying witness statements; testifying witness statements; the identity of victims alleged in the indictment; 404(b) material; and the Government's witness list. The Court also requires the parties to negotiate a schedule for any additional or supplemental motions briefing in light of the S2 indictment. The Court ORDERS a joint proposal to be submitted by April 21, 2021. If agreement is not reached, the parties shall submit their respective proposals. The Court further ORDERS Maxwell to show cause by April 21, 2021 why her motion to dismiss the S1 superseding indictment under the Sixth Amendment (Dkt. No. 125) should not be denied as moot. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/16/2021)(bw) (Entered: 04/16/2021) 04/16/2021 208 REPLY MEMORANDUM OF LAW in Support as to 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 L, # 2 Exhibit M, # 3 Exhibit N)(Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 209 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 137 MOTION to Dismiss Counts One Through Six of the Superseding Indictment for Pre-Indictment Delay. . (Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 Set/Reset Deadlines/Hearings as to Ghislaine Maxwell: Brief (Joint proposal by parties) due by 4/21/2021. Show Cause Response (by Defendant) due by 4/21/2021. [*** NOTE: Refer to Opinion & Order, doc.#207. ***] (bw) (Entered: 04/16/2021) 04/16/2021 210 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 121 MOTION to Dismiss Either Count One Or Count Three of the Superseding Indictment as Multiplicitous. . (Everdell, Christian) (Entered: 04/16/2021)

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Case 22-1426, Document 57 02/28/2023, 3475900, Page37 of 208 A-33 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 04/16/2021 211 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 125 MOTION to Dismiss the Superseding Indictment as it was Obtained in Violation of the Sixth Amendment. (Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 212 REPLY MEMORANDUM OF LAW in Support as to 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. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Everdell, Christian) (Entered: 04/16/2021) 04/16/2021 213 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 123 MOTION to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity. (Everdell, Christian) (Entered: 04/16/2021) 04/19/2021 214 ORDER as to Ghislaine Maxwell: An arraignment on the S2 Superseding Indictment is scheduled to take place on April 23, 2021 at 2:30 p.m. The proceeding will take place in Courtroom 24B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY. Given significant public interest, a video feed of the proceeding will be available for viewing in the Jury Assembly Room and Courtroom 9C at the Daniel Patrick Moynihan Courthouse. The use of any electronic devices during the proceeding in either the Courtroom or the overflow rooms is strictly prohibited. SO ORDERED. (Arraignment set for 4/23/2021 at 02:30 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 4/19/2021) (Entered: 04/19/2021) 04/19/2021 215 ORDER as to Ghislaine Maxwell: IT IS ORDERED that any redaction requests for documents not already filed on the public docket must be made by April 21, 2021. Alternatively, the parties may file the unredacted versions by that date. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/19/2021) (Entered: 04/19/2021) 04/19/2021 216 ORDER as to Ghislaine Maxwell: In its April 16, 2021 Opinion, the Court denied the Defendant's motions to dismiss the S1 superseding indictment in whole or in part and granted the Defendant's motion to sever the perjury counts for a separate trial. Dkt. No. 207. The Court will try the non-perjury counts first. As the Court noted in its Opinion, it has not yet resolved the Defendant's two motions to suppress evidence. See Dkt. Nos. 133, 139. The Defendant contends in those motions that the Government obtained by subpoena documents covered by a protective order in violation of her rights against unreasonable searches and seizures, against self-incrimination, and to due process of law. The motions seek, at minimum, an evidentiary hearing to determine whether the Government knowingly misrepresented facts to procure an order modifying the protective order. The Court requires information from the Government for scheduling purposes. The Government is ORDERED to inform the Court by letter docketed on ECF no later than April 20, 2021, whether it intends to use any of the documents subject to the pending motions to suppress in the trial of the non-perjury counts in this case. If the Government does not intend to use any of the documents subject to the pending motions to suppress in the trial of the non-perjury counts, the Court will defer consideration of those motions until it has scheduled the trial of the perjury counts. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/19/2021) (Entered: 04/19/2021) 04/19/2021 217 JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Laura A. Menninger dated April 1, 2021 re: Joint Letter Concerning Redactions to Omnibus Response & Exhibit 11 (Menninger, Laura) (Entered: 04/19/2021) 04/19/2021 218 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated April 15, 2021 re: Response to Government's April 5, 2021 Letter re: Ms. Maxwell's Rule 17 Subpoena (Pagliuca, Jeffrey) (Entered: 04/19/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 33/113 DOJ-OGR-00020655

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Case 22-1426, Document 57 02/28/2023, 3475900, Page38 of 208 A-34 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 04/19/2021 | 219 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 19, 2021 re: request for extension of time to respond to the Court's April 19, 2021 Order. Document filed by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 04/19/2021) | | 04/20/2021 | 220 | MEMO ENDORSEMENT as to Ghislaine Maxwell (1) granting in part and denying in part 219 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 19, 2021 re: request for extension of time to respond to the Court's April 19, 2021 Order. ENDORSEMENT: The Government's request is granted in part and denied in part. It shall respond to Dkt. No. 216 by no later than 5:00 p.m. on April 21, 2021. (Signed by Judge Alison J. Nathan on 4/20/2021) (ap) (Entered: 04/20/2021) | | 04/20/2021 | 221 | ORDER as to Ghislaine Maxwell: the Court hereby ORDERS counsel for the Defendant to file written answers to the following specific questions by 12:00 p.m. on Thursday, April 22, 2021: 1. Does defense counsel continue to seek an adjournment of the July 12th start date for trial on the non-jury counts? 2. If the answer to question 1 is yes, what is the specific request being made as to length of adjournment? In particular, is the request for a 90-day adjournment? An adjournment until January 2022? Or something else? The Court requires a specific request be made and justified or it will not be considered. If Maxwell continues to seek an adjournment, the Government may submit any response by 5:00 pm on April 22, 2021. The Court will consider the submissions and resolve expeditiously. As noted, however, unless and until an adjournment is specifically requested and granted, the parties shall assume that the Court will request a jury selection date as close to July 12th as possible and shall plan accordingly. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/20/2021) (See ORDER as set forth) (lnl) (Entered: 04/20/2021) | | 04/20/2021 | 222 | 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 April 20, 2021 re: Redactions to Defense Reply Briefs and Exhibits Document filed by USA. (Pomerantz, Lara) (Entered: 04/20/2021) | | 04/20/2021 | 223 | REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 141 MOTION to Dismiss the Superseding Indictment for Breach of Non-Prosecution Agreement. (Attachments: # 1 Exhibit A - Sealed)(Everdell, Christian) (Entered: 04/20/2021) | | 04/20/2021 | 224 | REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 119 MOTION for Separate Trial on Counts Ghislaine Maxwell (1) Count 5s-6s,5-6 . . . (Everdell, Christian) (Entered: 04/20/2021) | | 04/21/2021 | 225 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated April 21, 2021 re: Grand Jury Motion (Everdell, Christian) (Entered: 04/21/2021) | | 04/21/2021 | 226 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Defendant's and Boies Schiller Flexner LLP's April 19, 2021 joint letter responding to the Courts April 19, 2021 Order, Dkt. No. 215. The letter proposes limited redactions on the basis that some of the information is covered by the terms of the protective order in this case. In light of this, by April 22, 2021, the Defendant and BSF are hereby ORDERED to confer with the Government regarding whether the Government requests redaction of any information contained in the Defendant's response to BSF's objections to the Defendant's proposed Rule 17(c) subpoena, BSFs reply, and the April 19, 2021 joint letter addressing the redactions to these documents. The Government may submit any redaction requests by April 23, 2021; in doing so, the Government shall justify any proposed redactions by https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 34/113 DOJ-OGR-00020656

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Case 22-1426, Document 57 02/28/2023, 3475900, Page39 of 208 A-35 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 reference to the test articulated in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Defendant, BSF, and the Government are further ORDERED to notify the Court whether any party seeks redactions to the April 19, 2021 joint letter. If not, the Defendant shall file the letter on the public docket by April 23, 2021 (Signed by Judge Alison J. Nathan on 4/21/21)(jw) (Entered: 04/21/2021) 04/21/2021 | 227 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 21, 2021 re: in response to the Court's April 19, 2021 Order Document filed by USA. (Moe, Alison) (Entered: 04/21/2021) 04/21/2021 | 228 | MEMO ENDORSEMENT as to Ghislaine Maxwell re: 225 Letter Grand Jury Motion... ENDORSEMENT: The motion to dismiss the SI superseding indictment on the grounds that it was returned by a grand jury sitting at the White Plains courthouse (Dkt. No. 125) is DENIED as moot. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/21/21)(jbo) (Entered: 04/21/2021) 04/21/2021 | 229 | 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 April 21, 2021 re: Proposed Pretrial Schedule Document filed by USA. (Comey, Maurene) (Entered: 04/21/2021) 04/21/2021 | 230 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated April 21, 2021 re: Proposed Pretrial Schedule (Everdell, Christian) (Entered: 04/21/2021) 04/21/2021 | 231 | ORDER as to Ghislaine Maxwell: The Court will schedule a trial date for the severed perjury counts after trial of the non-perjury counts is completed. Given that and in light of the representations in the Government's April 21, 2021 letter, see Dkt. No. 227, the Court intends to defer resolution of the pending motions to suppress (including resolution of the request for an evidentiary hearing) until after the trial on the non-perjury counts. If either side objects, counsel shall state the basis for any objection by letter on or before by 5pm on Thursday, April 22, 2021.SO ORDERED. (Signed by Judge Alison J. Nathan on 4/21/2021) (lnl) (Entered: 04/22/2021) 04/22/2021 | 232 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 222 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 April 20, 2021 re: Redactions to Defense Reply Briefs and Exhibits. ENDORSEMENT: The Court grants the Government's proposed redaction and sealing requests. This conclusion 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. The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach. In balancing competing considerations against the presumption of access, however, the Court finds that the specific arguments the Government has put forward in this letter, including the need to protect the privacy interests of third parties and alleged victims, favor the narrowly tailored redactions. See United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). The Government's letter does not discuss Exhibit L of Reply Brief 6. By April 23, 2021, the parties shall either propose redactions to Exhibit L of Reply Brief 6, which was originally filed under seal, or they shall indicate to the Court that they seek no redactions and file it on ECF. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/22/2021) (lnl) (Entered: 04/22/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 35/113 DOJ-OGR-00020657

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Case 22-1426, Document 57 02/28/2023, 3475900, Page40 of 208 A-36 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 04/22/2021 233 LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid McCawley dated 04-22-2021 re: Request to Bring Electronic Devices Document filed by Boies Schiller Flexner LLP. (Attachments: # 1 Exhibit Electronic Device Form)(McCawley, Sigrid) (Entered: 04/22/2021) 04/22/2021 234 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated April 22, 2021 re: Response to Dkt. No. 227, Governments April 21, 2021 Letter re Ms. Maxwells Motions to Suppress (Pagliuca, Jeffrey) (Entered: 04/22/2021) 04/22/2021 235 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 April 22, 2021 re: Response to Defense Request for Adjournment Document filed by USA. (Comey, Maurene) (Entered: 04/22/2021) 04/22/2021 236 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 April 22, 2021 re: Response to the Court's April 22, 2021 Order Document filed by USA. (Pomerantz, Lara) (Entered: 04/22/2021) 04/22/2021 237 MEMO ENDORSEMENT as to Ghislaine Maxwell on 233 LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid McCawley dated 04-22-2021 re: Request to Bring Electronic Devices Document. ENDORSEMENT: Because remote access is available for tomorrow and because no electronic devices may be used in the courtroom or overflow rooms, Dkt. No. 214, to the extent the request is for tomorrow's arraignment, that request is denied. Counsel may renew their application in advance of future proceedings. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/22/2021) (lnl) (Entered: 04/23/2021) 04/23/2021 238 SEALED DOCUMENT placed in vault. (jus) (Entered: 04/23/2021) 04/23/2021 239 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 23, 2021 re: in response to the Court's April 16, 2021 Order. Document filed by USA. (Moe, Alison) (Entered: 04/23/2021) 04/23/2021 240 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 April 23, 2021 re: Proposed Redactions Document filed by USA. (Comey, Maurene) (Entered: 04/23/2021) 04/23/2021 241 MEMO ENDORSEMENT as to Ghislaine Maxwell on 240 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 April 23, 2021 re: Proposed Redactions. ENDORSEMENT: The Court grants the Government's redaction requests. Its conclusion 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. The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach. But in balancing competing considerations against the presumption of access, the Court finds that the specific arguments the Government has put forward in this letter, including the need to protect the privacy interests of third parties referenced in the documents, favor the narrowly tailored redactions. See United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). The Defendant and Boies Schiller are hereby ORDERED to docket the respective documents with the Government's https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 36/113 DOJ-OGR-00020658

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 41 of 208 A-37 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 proposed redactions by April 23, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/23/2021) (lnl) (Entered: 04/23/2021) 04/23/2021 | 242 | ORDER as to Ghislaine Maxwell: On April 22, 2021, Defendant Ghislaine Maxwell filed her response to the Court's April 21, 2021 Order, Dkt. No. 221, under temporary seal with proposed redactions. The proposed redactions are GRANTED. The Court's conclusion 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 1120. The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach. In balancing competing considerations against the presumption of access, however, the Court finds that the proposed redactions are narrowly tailored to protect the privacy interests of defense lawyers' clients in other matters and to allow defense counsel to comply with their professional obligations under the rules of professional conduct. The Defendant is ORDERED to docket the redacted version of her letter by April 23, 2021. The Defendant is further ORDERED to docket the basis for the redaction request, originally sent by email, on ECF by April 23, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/23/2021) (lnl) (Entered: 04/23/2021) 04/23/2021 | 243 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 234 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated April 22, 2021 re: Response to Dkt. No. 227, Governments April 21, 2021 Letter re Ms. Maxwell's Motions to Suppress. ENDORSEMENT: The Court agrees with the position set forth in this letter that, unless the Government agrees to forgo any use of the documents subject to the motions to suppress at trial on the non-perjury counts, the Court must resolve those motions prior to that trial. The Court will resolve the motions in due course. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/23/2021) (lnl) (Entered: 04/23/2021) 04/23/2021 | 244 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated April 2, 2021 re: Response to Letter Motion to Quash Rule 17 Subpoena to Boies Schiller Flexner LLP (Pagliuca, Jeffrey) (Entered: 04/23/2021) 04/23/2021 | 245 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Laura A. Menninger dated April 19, 2021 re: Redactions to Pleadings Re: Rule 17 Subpoenas (Menninger, Laura) (Entered: 04/23/2021) 04/23/2021 | 246 | LETTER MOTION addressed to Judge Alison J. Nathan from Laura A. Menninger dated April 22, 2021 re: 221 Order,,, re: Request for Adjournment of 120 or 180 Days for Trial on the Non-Perjury Counts . Document filed by Ghislaine Maxwell. (Menninger, Laura) (Entered: 04/23/2021) 04/23/2021 | 247 | LETTER by Boies Schiller Flexner LLP as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid S. McCawley dated April 5, 2021 re: Reply in Support of Objections to Rule 17 Subpoena Document filed by Boies Schiller Flexner LLP. (McCawley, Sigrid) (Entered: 04/23/2021) 04/23/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Arraignment as to Ghislaine Maxwell (1) Count 1ss,2ss,3ss,4ss,5ss,6ss,7ss-8ss held on 4/23/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Maurene Comey, Alison Moe, and Lara Pomerantz for the government. Defendant is arraigned on Superseding Indictment 2. Defendant enters a plea of Not Guilty to the S2 indictment. Defendant remains remanded. See Transcript. (Court Reporter Rebecca Forman) (ap) (Entered: 04/27/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 37/113 DOJ-OGR-00020659

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Case 22-1426, Document 57 02/28/2023, 3475900, Page42 of 208 A-38 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 04/23/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Plea entered by Ghislaine Maxwell (1) Count 1ss,2ss,3ss,4ss,5ss,6ss,7ss-8ss Not Guilty. (ap) (Entered: 04/27/2021) | 04/26/2021 | 248 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim (Entered: 04/26/2021 re: Confiscation of Legal Documents (Sternheim, Bobbi)) | 04/26/2021 | 250 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' proposed schedules for pretrial disclosures and pretrial motions practice. Dkt. Nos. 229, 230. Having considered the parties respective positions, the Court hereby sets the schedule below, which it deems reasonable and fair: the Court hereby sets the following schedule: Government expert witness disclosure are due April 23, 2021 (agreement of the parties); Supplemental Pretrial Motions that pertain only to the new charges raised in the S2 indictment (agreement of the parties): Defense supplemental motions are due May 7, 2021; Governments response is due May 21, 2021; Defense replies are due May 28, 2021; Disclosure of the alleged victims referenced in the S2 Indictment: May 17, 2021 (agreement of the parties); The Court will address a process and schedule for the parties' proposals regarding a jury questionnaire by separate order. Finally, the parties are ORDERED to meet and confer on the Government's proposal that the Defendant submit witness statements pursuant to Federal Rule of Criminal Procedure 26.2 at least four weeks in advance of trial. The parties are further ORDERED to submit a joint letter laying out their respective positions and proposals within one week of this Order (Defense supplemental Motions due by 5/7/2021., Defense Replies due by 5/28/2021., Government's Responses due by 5/21/2021). (Signed by Judge Alison J. Nathan on 4/26/21)(jw) (Entered: 04/27/2021) | 04/27/2021 | 249 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 248 Letter filed by Ghislaine Maxwell to report an incident stemming from an attorney-client conference with Ghislaine Maxwell: Guards on Ms. Maxwell's security detail wrongfully seized and reviewed her confidential legal documents...ENDORSEMENT...MDC legal counsel is hereby ORDERED to show cause by April 28, 2021 why an order directing the MDC to provide the information requested in this letter to the Defendant's counsel ought not issue. MDC legal counsel shall either docket it on ECF or email the letter to the Court so that the Court can docket it on ECF. Chambers will email a copy of this Order directly to legal counsel for the MDC (Signed by Judge Alison J. Nathan on 4/27/21)(jw) (Entered: 04/27/2021) | 04/27/2021 | 251 | SEALED DOCUMENT placed in vault. (jus) (Entered: 04/27/2021) | 04/27/2021 | 252 | ORDER re: 195 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated April 5, 2021 re: Notice of Rule 17(c) subpoenas. The Defendant's motion for an order authorizing the subpoena pursuant to Rule 17(c)(3) is DENIED. The Government is ORDERED to respond to Requests 9 through 11 of the proposed subpoena within one week of this Order. (Signed by Judge Alison J. Nathan on 4/27/21) (jw) (Entered: 04/27/2021) | 04/28/2021 | 253 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/28/2021 re: Reply to MDC letter re: order to show cause re: confiscation of legal documents (Sternheim, Bobbi) (Entered: 04/28/2021) | 04/29/2021 | 254 | LETTER addressed to Judge Alison J. Nathan from Sophia Papapetru dated 4/28/21 re: I am writing in response to your April 26, 2021, Order seeking information regarding an alleged incident involving Ghislaine Maxwell, Register No. 02879-509, at the Metropolitan Detention Center in Brooklyn, New York (MDC Brooklyn) as relayed by https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 38/113 DOJ-OGR-00020660

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Case 22-1426, Document 57 02/28/2023, 3475900, Page43 of 208 A-39 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 her counsel in an April 26, 2021, letter. We respectfully request Your Honor deny defense counsel's proposed order. Please let us know if the Court requires any additional information, which we will be happy to provide (jw) (Entered: 04/29/2021) 04/29/2021 255 ORDER as to Ghislaine Maxwell. On April 26, 2021, defense counsel advised the Court of an incident that took place on April 24, 2021 in which Defendant Ghislaine Maxwell's legal materials were seized by staff at the Metropolitan Detention Center. Dkt. No. 248. The Court ordered legal counsel for the MDC to show cause why the requested order should not issue. Dkt. No. 249. The MDC filed its response with the Court. Dkt No. 254. In reply, Maxwell made additional requests. Dkt. No. 253. Defense counsels requests are GRANTED in part and DENIED in part. IT IS ORDERED that by April 30, 2021, legal counsel to the MDC must provide the following information: If known, an inventory of the items seized from Ms. Maxwell in the incident that occurred on April 24, 2021 shall be provided by email to defense counsel only; and A representation to this Court, to be filed on ECF, indicating: Whether any of the materials seized from Ms. Maxwell were duplicated in any fashion and what investigation was undertaken in order to determine this information; Whether Ms. Maxwell is permitted to bring confidential legal materials to in-person meetings with defense counsel without those materials being seized; What steps have been or will be taken to ensure the confidentiality of Ms. Maxwell's lawyer-client communications (Signed by Judge Alison J. Nathan on 4/29/21)(jw) (Entered: 04/29/2021) 04/29/2021 256 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/29/2021 re: Sleep Deprivation in MDC (Sternheim, Bobbi) (Entered: 04/29/2021) 04/29/2021 257 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 256 During oral argument of Ghislaine Maxwells bail appeal before the Circuit, Ms. Maxwell's appellate counsel expressed concern that she was improperly deprived of sleep while detained in the MDC, an issue that has been raised in filings before this Court. we ask the Court to address Ms. Maxwell's sleeping conditions by directing the MDC to cease 15-minute light surveillance of Ms. Maxwell or justify the need for the disruptive flashlight surveillance..ENDORSEMENT...By May 5, 2021, the Government is ORDERED to confer with MDC legal counsel and provide the Court responses to the following questions: Is Ms. Maxwell being subjected to flashlight surveillance every 15 minutes at night? Or any other atypical flashlight surveillance? If so, what is the basis for doing so? 3. And if so, can she be provided with appropriate eye covering? The Government is further ORDERED to share its response with defense counsel before filing it on ECF so that defense counsel can indicate whether they believe any private medical information needs to be redacted before public filing (Signed by Judge Alison J. Nathan on 4/29/21) (jw) (Entered: 04/29/2021) 04/29/2021 258 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 04/29/2021 re: Reply to MDC letter re: confiscation of legal documents (Sternheim, Bobbi) (Entered: 04/29/2021) 04/30/2021 259 LETTER addressed to Judge Alison J. Nathan from Sophia Papapetru dated 4/29/21 re: information regarding an alleged incident involving Ghislaine Maxwell, Register No. 02879-509, at the Metropolitan Detention Center in Brooklyn, New York (MDC Brooklyn) on April 24, 2021 (jw) (Entered: 04/30/2021) 04/30/2021 260 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated April 30, 2021 re: Hard Drives (Everdell, Christian) (Entered: 04/30/2021) 05/03/2021 261 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 4/23/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Rebecca Forman, (212) 805-https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 39/113 DOJ-OGR-00020661

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Case 22-1426, Document 57 02/28/2023, 3475900, Page44 of 208 A-40 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 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 5/24/2021. Redacted Transcript Deadline set for 6/3/2021. Release of Transcript Restriction set for 8/2/2021. (McGuirk, Kelly) (Entered: 05/03/2021) 05/03/2021 262 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 4/23/21 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: 05/03/2021) 05/03/2021 263 MEMO ENDORSEMENT as to Ghislaine Maxwell re: 260 Letter on Hard Drives... ENDORSEMENT: Counsel for the MDC may submit any objection to the Defendant's request by May 4, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/3/21) (jbo) (Entered: 05/03/2021) 05/03/2021 264 ORDER as to Ghislaine Maxwell. On April 21, 2021, the Court's Chambers received a letter from counsel for a non-party requesting assurances as to privacy protections for his client in any filings or proceedings in this case. The letter requests anonymity on behalf of the client as an alleged victim of a sexual crime. After receiving the letter, the Court forwarded it to the parties and required the Government to respond to counsel, which it has done. The Court will take no further action based on the April 21, 2021 letter but will file it under seal to protect the privacy interests of the non-party asserting that interest. The Government is requested to forward this order to counsel for the non-party. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/3/21)(jbo) (Entered: 05/03/2021) 05/03/2021 265 ORDER as to Ghislaine Maxwell: The Court has received an exchange of letters that pertain to an incident that took place on April 24, 2021. Dkt. Nos. 248, 253, 254, 258, 259. Legal counsel for MDC, where Ms. Maxwell is detained pretrial, alleges that her lawyers violated Bureau of Prisons rules by providing Ms. Maxwell materials at an in-person attorney-client visit. Dkt. Nos. 254, 259. Ms. Maxwells lawyers categorically deny the allegations and threaten separate legal action against MDC staff based on the incident and the accusation. Dkt. Nos. 253, 258. The Court intimates no views as to whether some other action or process is appropriate or proper in light of either sides allegations. This Courts obligation in this case, and any other, is to ensure that the defendant is given an opportunity to meet with her lawyers, engage in confidential attorney-client communications, and prepare for trial. Mindful of that obligation, the Court declines to take further action at this time. After receiving the defenses first letter motion, the Court ordered MDC legal counsel to show cause why the Court should not grant the requested relief. Dkt. No. 249. The Court then granted in part defense counsels original request and ordered MDC legal counsel to respond to certain questions about the April 24, 2021 incident and the procedures in place to ensure the confidentiality of Ms. Maxwells lawyer-client communications. Dkt. No. 255. Defense counsels current application is that this Court order MDC to turn over copies of video tapes of the in-person attorney-client visit. Dkt. No. 258. Those video tapes must be preserved in light of defense counsels preservation letter. Dkt. No. 248, Ex. C. If Ms. Maxwell or defense counsel are entitled to view or receive copies of those materials as a matter of law, they should be provided. To the extent defense counsel is seeking entitlement to those materials from this Court, that application is denied. The Court has ensured and will continue to ensure that Ms. Maxwell has the opportunity to meet meaningfully and confidentially with her lawyers in light of all relevant circumstances and consistent with the treatment of all other detained inmates in BOP custody. The isolated incident that took place on April 24, 2021, and the serious allegations leveled by MDC legal counsel and defense counsel in no way

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Case 22-1426, Document 57 02/28/2023, 3475900, Page45 of 208 A-41 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 undermine the Courts conclusion that Ms. Maxwell and her lawyers are fully able to prepare for trial. The Court is confident that all parties recognize the importance of this going forward and in advance of the upcoming trial. In furtherance of this, counsel for the Government are ORDERED to confer with legal counsel for MDC to ensure that Ms. Maxwell continues to have access to confidential attorney-client communications as she prepares for trial. If any additional incidents arise, defense counsel shall promptly confer with counsel for the Government regarding those incidents and seek to resolve any such issues swiftly, responsibly, reasonably, and amicably. If that fails, the parties may write to the Court jointly indicating their views, identifying and justifying any specific application being made. (Signed by Judge Alison J. Nathan on 5/3/2021) (ap) (Entered: 05/03/2021) 05/03/2021 266 ORDER as to Ghislaine Maxwell: The Court concludes that the interests of justice justify granting a short continuance. The Court deems an adjournment until fall 2021 to be reasonable. Such an adjournment would plainly give the defense team sufficient time to prepare for trial in light of the additional charges contained in the S2 indictment while also ensuring that the trial proceeds without undue delay. No additional delay is necessary or in the interests of justice. The parties are hereby ORDERED to meet and confer and by May 10, 2021, they shall jointly propose a trial start date for the Court to request of the Clerk's Office (as is required by COVID protocols). The Court urges counsel to agree to the earliest possible date this fall and to seek adjustments to other schedules in order to facilitate an early fall trial start date. The parties shall also discuss and propose any adjustments necessary to the pre-trial schedule in place. Dkt. No. 250. The Government may move in the letter for any requested exclusion of time under the Speedy Trial Act. (Signed by Judge Alison J. Nathan on 5/3/2021) (See ORDER set forth) (ap) (Entered: 05/03/2021) 05/03/2021 267 JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated May 3, 2021 re: defense witness disclosures, Dkt. No. 250 (Pagliuca, Jeffrey) (Entered: 05/03/2021) 05/04/2021 268 ORDER as to Ghislaine Maxwell: On April 30, 2021, defense counsel requested that the Court issue an order directing the MDC to accept two hard drives from defense counsel that contain the non-Highly Confidential discovery in this case for Ms. Maxwell's use. Dkt. No. 260. On May 4, 2021, the Court received the attached email from MDC legal counsel indicating that MDC does not oppose the defense's request and that MDC staff will coordinate with defense counsel so that Ms. Maxwell can receive the hard drives. In light of this, defense counsel's April 30, 2021 request appears moot. Defense counsel shall raise any further issues regarding their request within two weeks of this order. (Signed by Judge Alison J. Nathan on 5/4/2021) (ap) (Entered: 05/04/2021) 05/04/2021 269 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 May 4, 2021 re: Subpoena Requests 9 Through 11 Document filed by USA. (Rohrbach, Andrew) (Entered: 05/04/2021) 05/05/2021 270 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, and Lara Pomerantz dated May 5, 2021 re: Use of Flightlights at MDC Document filed by USA. (Pomerantz, Lara) (Entered: 05/05/2021) 05/06/2021 ***DELETED DOCUMENT. Deleted document number 271 LETTER, as to Ghislaine Maxwell. The document was incorrectly filed in this case, as per Supervisor. (ap) (Entered: 05/06/2021) 05/06/2021 271 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 May https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 41/113 DOJ-OGR-0002663

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Case 22-1426, Document 57 02/28/2023, 3475900, Page46 of 208 A-42 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 6, 2021 re: Subpoena Request 11 Document filed by USA. (Rohrbach, Andrew) (Entered: 05/06/2021) 05/07/2021 272 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 5/7/2021 re: MDC flashlight security checks (Sternheim, Bobbi) (Entered: 05/07/2021) 05/07/2021 273 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated May 7, 2021 re: Cover Letter for Omnibus Memorandum in Support of the Defendant's Supplemental Pretrial Motions Relating to the S2 Superseding Indictment (Everdell, Christian) (Entered: 05/07/2021) 05/10/2021 274 MEMO ENDORSEMENT as to Ghislaine Maxwell on 273 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated May 7, 2021 re: Cover Letter for Omnibus Memorandum in Support of the Defendant's Supplemental Pretrial Motions Relating to the S2 Superseding Indictment. ENDORSEMENT: The Government is hereby ORDERED to propose and justify any redactions by May 12, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/10/2021) (lnl) (Entered: 05/10/2021) 05/10/2021 275 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 May 10, 2021 re: Proposed Trial Date Document filed by USA. (Pomerantz, Lara) (Entered: 05/10/2021) 05/11/2021 276 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 05/10/2021 re: Request for November 8th trial start date (Sternheim, Bobbi) (Entered: 05/11/2021) 05/11/2021 277 ORDER as to Ghislaine Maxwell: The Court has considered the parties' proposals regarding the commencement of trial. Dkt. Nos. 275, 276. For the reasons stated in the Government's letter, the Court will request November 29, 2021 from the Clerk's Office as the trial start datethat is the date (pending approval from the Clerk's Office consistent with the SDNY COVID protocols) that opening statements will be made to the jury. However, the Court will also request from the Clerk's Office that jury selection occur during the week of November 15. Counsel shall plan accordingly. The Court grants the Government's motion to exclude time until November 29, 2021. The Court finds that the ends of justice served by granting an exclusion from speedy trial computations for the period from today's date through November 29, 2021, outweigh the interests of the public and the Defendant in a speedy trial, because this time is necessary to permit the defense to continue to review discovery and other materials in light of the superseding indictment; to permit the parties to prepare and file motions in limine; to permit the parties to make and review additional pretrial disclosures; and to allow adequate time for the parties to prepare for trial. Time is therefore excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), until November 29, 2021. In order to ensure that there is no delay in the commencement of trial, the Court will adjust the current pre-trial schedule. So that the Court can resolve motions in limine in advance of the November 29th trial commencement date, any such motions shall be fully briefed no later than four weeks in advance of the anticipated trial commencement date of November 29. The parties shall meet and confer to propose adjustments to other pre-trial disclosures accordingly. The parties are hereby ORDERED to meet and confer for at least 30 minutes by phone regarding the overall pretrial disclosure schedule and submit a joint letter by May 14, 2021. The Court will accept only a joint letter with a joint proposal or with each sides views briefly stated. The letter must attest to the meet and confer. Any separately filed letters will be struck. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/11/2021) (lnl) (Entered: 05/11/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?210870152221896-L_1_0-1 42/113 DOJ-OGR-00020664

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Case 22-1426, Document 57 02/28/2023, 3475900, Page47 of 208 A-43 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 05/12/2021 | 278 | 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 May 12, 2021 re: Proposed Redactions to Defendant's Supplemental Pre-Trial Motions Document filed by USA. (Pomerantz, Lara) (Entered: 05/12/2021) | 05/13/2021 | 279 | ORDER as to Ghislaine Maxwell: On May 12, 2021, the Defendant submitted a response to the Government's May 4 and May 6 letters. See Dkt. Nos. 269, 271. She submitted it under temporary seal, though she noted that she is willing to file the response and its corresponding exhibits on the public docket. The Government is hereby ORDERED to notify the Court by May 14, 2021 whether it requests that any part of the Defendants submission be redacted or filed under seal; any such request must be justified by reference to the test articulated in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). SO ORDERED. (Signed by Judge Alison J. Nathan on 5/13/2021) (lnl) (Entered: 05/13/2021) | 05/14/2021 | 280 | JOINT LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated May 14, 2021 re: 277 Order to Continue - Interest of Justice, Terminate Motions, Set Deadlines/Hearings,,,,,,,,,,,,,, re: Extension of time . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 05/14/2021) | 05/14/2021 | 281 | MEMO ENDORSEMENT as to Ghislaine Maxwell (1) on 280 JOINT LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated May 14, 2021. ENDORSEMENT: The request for an extension of time until May 21, 2021 to respond to the Court's May 11, 2021 Order is GRANTED. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/14/2021 ) (lnl) (Entered: 05/14/2021) | 05/14/2021 | 282 | ORDER as to Ghislaine Maxwell: On April 29, 2021, counsel for Ghislaine Maxwell wrote to the Court requesting that the Court address her sleeping conditions, with particular emphasis on counsel's representation, unsupported by affidavit or other factual showing, that guards are shining a flashlight in Maxwell's eyes every 15 minutes at night. Dkt. No. 256. Defense counsel claims that the flashlight surveillance in Maxwell's eyes is disrupting her sleep, which in turn is impacting her ability to prepare for and withstand trial. The Court sought more information by ordering the Government to confer with legal counsel for the Bureau of Prisons and to respond to certain questions. Dkt. No. 257. In response, the Government states that MDC staff conduct flashlight checks of all inmates as a matter of course. Dkt. No. 270. As reported by the Government, inmates housed with cell mates in the Special Housing Unit are checked with flashlights every 30 minutes. Inmates housed with others in the general population are checked multiple times per night at regular intervals. The Government further reports that to conduct the checks, flashlights are pointed at the ceiling of the cell to confirm that the inmate is present, breathing, and not in distress. As the Government explains, there are a number of neutral reasons why BOP's flashlight checks of Maxwell are relatively more frequent than those of other inmates, including that Maxwell is housed alone, the nature of the charges, and the potential stress for inmates that can arise in high-profile cases. The MDC has determined that these factors necessitate more frequent safety and security checks. The Government also indicates that the prohibition on eye masks is a generally applicable policy, but that Maxwell, like other inmates, may use other noncontraband items to cover her eyes. To the extent that Maxwell's April 29, 2021 letter asks the Court to override BOP's determination as to the frequency of appropriate safety and security check procedures, that request is denied as factually unsubstantiated and legally unsupported. Certainly nothing in the record plausibly establishes that current protocols interfere with Maxwell's ability to prepare for her trial and communicate with her lawyers. Defense counsel's May 7, 2021 letter, Dkt. No. 272, describes generalized grievances but makes https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 43/113 DOJ-OGR-00020665

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Case 22-1426, Document 57 02/28/2023, 3475900, Page48 of 208 A-44 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 no additional specific and supported application for relief. Nevertheless, the Court urges the MDC to consider whether sleep disruption for pretrial detainees can be reduced. The Court also admonishes the MDC and the Government to continue to ensure that Maxwell is subjected to only those security protocols that BOP determines are necessary for her safety and security, based upon neutral and applicable factors, and consistent with the treatment of similarly situated pre-trial detainees. The Government shall provide a copy of this Order to the Warden and General Counsel for the MDC. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/14/2021) (lnl) (Entered: 05/14/2021) 05/14/2021 283 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 May 14, 2021 re: Proposed Redactions to Defendant's Letter BSF Subpoena Document filed by USA. (Rohrbach, Andrew) (Entered: 05/14/2021) 05/17/2021 284 MEMO ENDORSEMENT as to Ghislaine Maxwell re: 278 Letter Proposed Redactions to Defendant's Supplemental Pre-Trial Motions... ENDORSEMENT: The Court grants in part the Government's redaction and sealing requests. Its conclusion 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). The Court concludes that these are judicial documents and that the First Amendment and common law presumptions of access attach. Id. at 11920. In balancing competing considerations against the presumption of access, the Court finds that the arguments the Government has put forward in this letter, including the need to protect the privacy interests of third parties and alleged victims, favor the narrowly tailored redactions. See United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995). Similarly, the Court concludes that the Government has shown that Exhibits E, F, G, H, and I should be filed under seal. With respect to Exhibit C, however, the Court concludes that narrowly tailored redactions are sufficient to advance the privacy interests the Government has identified. Accordingly, the Government is ORDERED to confer with defense counsel and submit proposed redactions to Exhibit C by May 20, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 5/17/21)(jbo) (Entered: 05/17/2021) 05/20/2021 285 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 139 MOTION to Suppress Under the Fourth Amendment, Martindell, and the Fifth Amendment All Evidence Obtained from the Government's Subpoena to REDACTED and to Dismiss Counts Five And Six. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M, # 5 Exhibit N, # 6 Exhibit O, # 7 Exhibit P, # 8 Exhibit Q)(Everdell, Christian) (Entered: 05/20/2021) 05/20/2021 286 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 145 MOTION to Strike Surplusage from Superseding Indictment. (Everdell, Christian) (Entered: 05/20/2021) 05/20/2021 287 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 147 MOTION for Bill of Particulars and Pretrial Disclosures. (Attachments: # 1 Exhibit A (Filed under seal))(Everdell, Christian) (Entered: 05/20/2021) 05/20/2021 288 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 May 20, 2021 re: Proposed Redactions to Exhibit C to Defendant's Supplemental Pre-Trial Motions Document filed by USA. (Pomerantz, Lara) (Entered: 05/20/2021) 05/21/2021 289 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated May 21, 2021 re: Reply to Government Letter dated May 14 Regarding Proposed Redactions to Ms. Maxwells May 12, 2021 Letter (DE 283) (Pagliuca, Jeffrey) (Entered: 05/21/2021)

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page49 of 208 A-45 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 05/21/2021 290 MEMO ENDORSEMENT as to Ghislaine Maxwell re: 288 The Government respectfully submits this letter in response to the Courts Order dated May 17, 2021, which directed the Government to confer with defense counsel and submit proposed redactions to Exhibit C to the defendant's memorandum in support of her supplemental pretrial motions. (Dkt. No. 284). The Government seeks redactions that are narrowly tailored to protect the privacy interests of victims and third parties referenced in the document...ENDORSEMENT...The Government's proposed redactions are permitted for the reasons provided. By May 25, 2021, the Defendant is ORDERED to file her supplemental pretrial motions and supporting papers on the docket in accordance with Dkt. No. 284 and this order (Supplemental Pretrial Motions due by 5/25/2021). (Signed by Judge Alison J. Nathan on 5/21/21)(jw) (Entered: 05/21/2021) 05/21/2021 291 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from All Counsel dated May 21, 2021 re: Joint Letter re Scheduling Document filed by USA. (Comey, Maurene) (Entered: 05/21/2021) 05/25/2021 292 MOTION to Dismiss and to Obtain the Relief Specified in her Supplemental Pre-Trial Motions Relating to the S2 Superseding Indictment. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 05/25/2021) 05/25/2021 293 MEMORANDUM in Support by Ghislaine Maxwell re 292 MOTION to Dismiss and to Obtain the Relief Specified in her Supplemental Pre-Trial Motions Relating to the S2 Superseding Indictment.. (OMNIBUS MEMORANDUM OF GHISLAINE MAXWELL IN SUPPORT OF HER SUPPLEMENTAL PRETRIAL MOTIONS RELATING TO THE S2 SUPERSIDING INDICTMENT) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Redacted), # 4 Exhibit D, # 5 Exhibit E (Filed Under Seal), # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G (Filed Under Seal), # 8 Exhibit H (Filed Under Seal), # 9 Exhibit I (Filed Under Seal))(Everdell, Christian) (Entered: 05/25/2021) 05/25/2021 294 AFFIDAVIT of Christian Everdell in Support as to Ghislaine Maxwell re 292 MOTION to Dismiss and to Obtain the Relief Specified in her Supplemental Pre-Trial Motions Relating to the S2 Superseding Indictment.. (AFFIDAVIT OF CERTIFICATION PURSUANT TO LOCAL CRIMINAL RULE 16.1) (Everdell, Christian) (Entered: 05/25/2021) 05/25/2021 295 MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 292 MOTION to Dismiss and to Obtain the Relief Specified in her Supplemental Pre-Trial Motions Relating to the S2 Superseding Indictment.. (Rohrbach, Andrew) (Entered: 05/25/2021) 05/28/2021 296 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated May 28, 2021 re: Cover Letter for Omnibus Reply Memorandum in Support of the Defendant's Supplemental Pretrial Motions Relating to the S2 Superseding Indictment. (Everdell, Christian) (Entered: 05/28/2021) 06/02/2021 297 ORDER as to Ghislaine Maxwell: Having considered the parties' respective proposals, Dkt. No. 291, the Court hereby sets the following disclosure schedule: September 13, 2021: Disclosure of alleged victims' identities (Government's proposal) October 11, 2021: Government's disclosure of Jencks Act and Giglio material, Rule 404(b) evidence and notice, co-conspirator statements, and Government witness list (Government's proposal) October 11, 2021: Government's disclosure of its proposed exhibit list (Defendant's proposal) October 18, 2021: Simultaneous filing of motions in limine (agreement of the parties) October 25, 2021: Simultaneous filing of proposed jury questionnaire and voir dire (agreement of the parties) November 1, 2021: Defense expert disclosures (Defendant's proposal) November 1, 2021: Responses to motions in limine (agreement of the parties) November 8, 2021: Simultaneous filing of requests to charge and verdict sheet (agreement of the parties) - November 8, 2021: Defense disclosures pursuant to

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page50 of 208 A-46 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Rules 16(b)(1)(A) and 16(b)(1)(B) materials (The Government proposed November 1, 2021; the Defendant proposed the close of the Government's case-in-chief) Close of the Government's case-in-chief: Defense witness list and 26.2 statements (Defendant's proposal) These dates establish a baseline for when the parties must disclose certain materials. Each of the parties has a continuing obligation to update all disclosures if they become aware of additional responsive materials. In addition, as requested by the parties, the parties may bring issues to the Court's attention that arise after the deadline for motions in limine if the issues could not have been raised within the deadline set for in limine motions. (Motions due by 10/18/2021. Responses due by 11/1/2021) (Signed by Judge Alison J. Nathan on 6/2/2021) (ap) (Entered: 06/02/2021) 06/04/2021 298 ORDER as to Ghislaine Maxwell: The Defendant's motion for an order authorizing the subpoena pursuant to Rule 17(c)(3) is DENIED. (Signed by Judge Alison J. Nathan on 6/4/2021) (See ORDER set forth) (ap) (Entered: 06/04/2021) 06/07/2021 299 MANDATE of USCA (Certified Copy) as to Ghislaine Maxwell re: 173 Notice of Appeal, 113 Notice of Appeal. USCA Case Number 21-58; 21-770. Defendant-Appellant Ghislaine Maxwell appeals from orders of the District Court entered December 28, 2020 and March 22, 2021, which denied her renewed requests for bail pending trial. See Dkts. 1, 20. Upon due consideration, it is hereby ORDERED that the District Courts orders are AFFIRMED and that Appellants motion for bail, or in the alternative, temporary pretrial release pursuant to 18 U.S.C. § 3142(i), Dkt. 39, is DENIED. During oral argument, counsel for Appellant expressed concern that Appellant was improperly being deprived of sleep while incarcerated. To the extent Appellant seeks relief specific to her sleeping conditions, such request should be addressed to the District Court... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 6/7/2021. (nd) (Entered: 06/08/2021) 06/08/2021 Transmission of USCA Mandate to the District Judge re: 299 USCA Mandate. (nd) (Entered: 06/08/2021) 06/15/2021 300 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 6/15/2021 re: Response to MDC Conditions Update (Sternheim, Bobbi) (Entered: 06/15/2021) 06/15/2021 301 ORDER as to Ghislaine Maxwell: On June 7, 2021, the Government submitted an update on the Defendants conditions of confinement. It submitted it under temporary seal to permit the Defendant to propose redactions. On June 15, 2021, the Defendant proposed narrowly tailored redactions, which the Court adopts 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). The Government is ORDERED to publicly docket the redacted version of its June 7, 2021 letter by June 17, 2021. (Signed by Judge Alison J. Nathan on 6/16/2021) (ap) (Entered: 06/16/2021) 06/16/2021 302 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 June 7, 2021 re: MDC Conditions Update Document filed by USA. (Pomerantz, Lara) (Entered: 06/16/2021) 06/25/2021 303 ORDER as to Ghislaine Maxwell. Maxwell's motions to suppress evidence (Dkt. Nos. 133, 139) are DENIED. The Court sets out its reasoning in an opinion concurrently filed under temporary seal to allow Maxwell and the Government the opportunity to propose redactions. The parties may file under seal any proposed redactions to the opinion within three days. The Court further ORDERS that the April 9, 2019 memorandum decision and order on the Government's application to modify the protective order in Giuffre v. Maxwell, No. 15-cv-7433, as well as the transcripts of the March 26, 2019 and April 9, 2019 ex parte hearings on that application shall be unsealed. These documents were https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 46/113 DOJ-OGR-00020668

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Case 22-1426, Document 57 02/28/2023, 3475900, Page51 of 208 A-47 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 previously filed under seal as Exhibits D, E, F, and G to the memorandum of law in support of Maxwell's first motion to suppress (Dkt. No. 134). Within one week, the parties shall confer and file under seal any proposed redactions to the memorandum decision, order, and transcripts. Any proposed redactions shall be narrowly tailored and shall be supported with reference to the Second Circuit's opinion in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The parties proposed redactions should not include any information that has already been made public. SO ORDERED (Signed by Judge Alison J. Nathan on 6/25/21)(jbo) (Entered: 06/25/2021) 06/25/2021 304 ORDER as to Ghislaine Maxwell. The Court grants the Defendant's request that going forward the Government shall only file updates if there are any material changes to Ms. Maxwell's conditions of confinement. See Dkt. No. 300 at 1. In the absence of any other specific or supported application for relief from the Defendant, the Court will take no further action at this time. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/25/2021)(bw) (Entered: 06/25/2021) 06/25/2021 307 OPINION & ORDER as to Ghislaine Maxwell. Maxwell moves to suppress evidence obtained through a grand jury subpoena to a law firm involved in earlier civil litigation against her. She contends that because the documents sought by the subpoena were previously subject to a protective order, the Government obtained them in violation of her rights against compelled self-incrimination, against unreasonable searches and seizures, and to due process of law. For the foregoing reasons, the Court finds that the Government did not violate Maxwell's constitutional rights when it obtained evidence covered by a protective order in her earlier civil case. It further finds that Maxwell is not entitled to suppression of any evidence or to an evidentiary hearing. The Court thus DENIES Maxwell's motions to suppress (Dkt. Nos. 133, 139) (Signed by Judge Alison J. Nathan on 6/25/21)(jw) (Entered: 07/01/2021) 06/30/2021 305 ORDER as to Ghislaine Maxwell: Pursuant to the Court's order of June 25, 2021 (Dkt. No. 303), any proposed redactions to the Court's opinion on Maxwell's motions to suppress evidence must be filed no later than today, June 30, 2021. Any proposed redactions to the other documents ordered unsealed in that order must be filed no later than July 2, 2021. The parties shall file a joint letter by each of these dates informing the Court if no redactions are sought. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/30/2021) (lnl) (Entered: 06/30/2021) 06/30/2021 306 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 June 30, 2021 re: Joint Letter re June 25, 2021 Opinion and Order and Defense Exhibits Document filed by USA. (Pomerantz, Lara) (Entered: 06/30/2021) 07/01/2021 308 ORDER as to Ghislaine Maxwell. No party has proposed redactions to the Court's opinion on Maxwell's motions to suppress or the documents ordered unsealed in the Courts June 25, 2021 Order (Dkt. No. 303). Thus, the Court lifts the temporary seal on its June 25, 2021 opinion on Maxwells motions to suppress. It also unseals the April 9, 2019 memorandum decision and order on the Governments application to modify the protective order in Giuffre v. Maxwell, No. 15-cv-7433, as well as the transcripts of the March 26, 2019 and April 9, 2019 ex parte hearings on that application, originally filed under seal as Exhibits D, E, F, and G to the memorandum of law in support of Maxwell's first motion to suppress (Dkt. No. 134). Maxwell shall file those exhibits on the public docket without redaction by July 2, 2021 (Signed by Judge Alison J. Nathan on 7/1/21) (jw) (Entered: 07/01/2021) 07/01/2021 309 LETTER MOTION addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, and Lara Pomerantz dated July 1, 2021 re: Local Rule 23.1 . Document filed by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 07/01/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 47/113 DOJ-OGR-00020669

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Case 22-1426, Document 57 02/28/2023, 3475900, Page52 of 208 A-48 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 07/02/2021 | 310 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 2, 2021 re: Cosby Opinion (Attachments: # 1 Exhibit A)(Everdell, Christian) (Entered: 07/02/2021) | 07/02/2021 | 311 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated July 2, 2021 re: Cover Letter Attaching Unsealed Exhibits for the Memorandum in Support of the Defendant's Motion Under the Due Process Clause to Suppress all Evidence Obtained from the Government's Subpoena to Boies Schiller and to Dismiss Counts Five and Six (Dkt. No. 134) (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G)(Everdell, Christian) (Entered: 07/02/2021) | 07/02/2021 | 312 | ORDER as to Ghislaine Maxwell re: Defense counsel, including David Markus, are ORDERED to respond to the Governments July 1, 2021 letter motion, Dkt. No. 309, by July 9, 2021 (Defense Counsel Responses due by 7/9/2021) (Signed by Judge Alison J. Nathan on 7/2/21)(jw) (Entered: 07/02/2021) | 07/09/2021 | 313 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 07/09/2021 re: Counsel of Record reply to Court Order Dkt 312 (Sternheim, Bobbi) (Entered: 07/09/2021) | 07/12/2021 | 314 | LETTER addressed to Judge Alison J. Nathan from David Oscar Markus dated 7/9/21 re: The Governments request should be denied because (1) undersigned counsel does not currently represent Ms. Maxwell, and (2) the Op-Ed did not violate the local rules. (jw) (Entered: 07/12/2021) | 07/30/2021 | 315 | ORDER as to Ghislaine Maxwell. The Government has moved for an order requiring David Markus to comply with Local Criminal Rule 23.1 following an op-ed that he authored opining on the merits of this pending case, Dkt. No. 309. Mr. Markus is therefore ORDERED to comply with Local Criminal Rule 23.1. The Government does not ask the Court to discipline Mr. Markus based on his op-ed and the Court declines to consider whether it violated Rule 23.1 given the potential lack of clarity with respect to whether Mr. Markus was bound by the rule. The Court emphasizes that the rule provides illustrative examples of statements that "presumptively involve a substantial likelihood that their public dissemination will interfere with a fair trial or otherwise prejudice the due administration of justice within the meaning of the rule." S.D.N.Y. Local Criminal Rule 23(d). Going forward, Mr. Markus and all lawyers associated with the pending case are now clearly on notice that their conduct falls under the purview of Local Criminal Rule 23.1. Indeed, the above concerns do not apply only to Mr. Markus. This Court has previously noted that counsel[,] agents for the parties and counsel for potential witnesses must take care to protect the Defendant's right to a fair trial by an impartial jury. Dkt. No. 28. This Court is cognizant that criminal matters heading toward trial are especially sensitive to extrajudicial statements. All those associated with this case must act to ensure the case is tried solely in court or else they risk being deemed responsible for any trial delay or for undermining the integrity of the upcoming trial. See S.D.N.Y. Local Criminal Rule 23.1(h). In addition to the impact it could have on this matter, failure to comply could also result in attorney discipline. Id. Rule 23.1(i). (Signed by Judge Alison J. Nathan on 7/30/21)(jw) Modified on 7/30/2021 (jw). (Entered: 07/30/2021) | 07/30/2021 | | NOTICE OF MAILING as to Ghislaine Maxwell: Copy of Order dated 7/30/21 (dkt.315) was emailed to Mr. Markus on Friday, September 30. (jbo) (Entered: 08/03/2021) | 08/05/2021 | 316 | INTERNET CITATION NOTE as to Ghislaine Maxwell: Material from decision with Internet citation re: 315 Order. (sjo) (Entered: 08/05/2021) | 08/13/2021 | 317 | OPINION & ORDER as to Ghislaine Maxwell. For the reasons above and in this Courts April 16, 2021 Opinion & Order, the Court DENIES Maxwell's motion to obtain relief specified in her supplemental pre-trial motions relating to the S2 indictment. This https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 48/113 DOJ-OGR-00020670

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Case 22-1426, Document 57 02/28/2023, 3475900, Page53 of 208 A-49 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 resolves Dkt. No. 292. (Signed by Judge Alison J. Nathan on 8/13/2021) (See ORDER set forth) (ap) (Entered: 08/13/2021) 08/13/2021 318 ORDER as to Ghislaine Maxwell: On March 19, 2021, Defendant Ghislaine Maxwell submitted a sealed and ex parte motion for an order authorizing four subpoenas pursuant to Rule 17(c)(3) of the Federal Rules of Criminal Procedure. By sealed order dated March 22, 2021, the Court provided an opportunity for recipients of the subpoenas to respond to the requests by March 30, 2021, but it received no responses. In an Opinion and Order temporarily filed under seal, the Court DENIES Maxwell's motion without prejudice. It does so after concluding that none of the proposed subpoenas conform to the factors first set out in United States v. Nixon, 418 U.S. 683, 69870 (1974). The Court will send the temporarily sealed Opinion and Order to defense counsel. By August 18, 2021, Maxwell is ORDERED to inform the Court whether she seeks sealing or limited redactions of the Court's opinion and of her original motion papers, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In addition, by that date Maxwell shall inform the Court whether she seeks full sealing or redactions of the original motion, again justifying any such request by reference to the Lugosch test. (Signed by Judge Alison J. Nathan on 8/13/2021) (ap) (Entered: 08/13/2021) 08/13/2021 334 OPINION & ORDER as to Ghislaine Maxwell. Maxwell's motion is, at this time, DENIED without prejudice. She may renew any Rule 17(c) applications upon a proper showing that each of the requested materials satisfies the Nixon test, as described above and in the Court's April 27, 2021 and June 2, 2021 Orders. The Court will file this Opinion & Order under temporary seal to allow consideration of any sealing or redaction requests. (Signed by Judge Alison J. Nathan on 8/13/2021) (See ORDER set forth) (ap) (Entered: 09/03/2021) 08/18/2021 319 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 08/18/2021 re: Disruption of MDC attorney-client video teleconferences (Sternheim, Bobbi) (Entered: 08/18/2021) 08/18/2021 320 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 August 18, 2021 re: Identification of co-conspirators Document filed by USA. (Rohrbach, Andrew) (Entered: 08/18/2021) 08/19/2021 321 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim, dated 8/18/2021, re: Counsel writes: I write to update the Court regarding MDC ongoing interference with attorney-client communication between Ghislaine Maxwell and her counsel. ENDORSEMENT: The Government is hereby ORDERED to confer with BOP and MDC Legal and file a response to Defendant's letter on or before August 23, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/19/2021) (lnl) (Entered: 08/19/2021) 08/19/2021 322 MEMO ENDORSEMENT as to Ghislaine Maxwell on 320 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 August 18, 2021 re: Identification of co-conspirators. ENDORSEMENT: The parties are hereby ORDERED to meet and confer in an effort to reach an agreement on the disclosure issues raised in this letter. If the parties reach an agreement, they shall inform the Court by August 26, 2021. If the parties do not reach an agreement, the Defendant may file a response to the arguments made here by the Government on or before August 30, 2021. Any response letter shall confirm that the meet and confer occurred. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/19/2021) (lnl) (Entered: 08/19/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 49/113 DOJ-OGR-00020671

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Case 22-1426, Document 57 02/28/2023, 3475900, Page54 of 208 A-50 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 08/19/2021 | 323 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 19, 2021 re: Redactions to Motion for 17(c) Subpoenas. (Everdell, Christian) (Entered: 08/19/2021) | 08/20/2021 | 324 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated August 20, 2021 re: Limited unsealing. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 08/20/2021) | 08/23/2021 | 325 | ORDER re: 324 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated August 20, 2021 re: Limited unsealing. Defense counsel is ORDERED to provide this Order and the temporarily sealed Opinion and Order to the intended recipients of the subpoenas. By August 25, 2021, defense counsel is ORDERED to confirm service of this Order and the temporarily sealed Opinion and Order. The Court GRANTS the Governments request for a limited unsealing of the Court's August 13 Opinion and the underlying motion papers. Dkt. No. 324. The Court will send the temporarily sealed Opinion and Order and motion papers to the Government. This resolves Dkt. No. 324. (Signed by Judge Alison J. Nathan on 8/23/21) (jw) (Entered: 08/23/2021) | 08/23/2021 | | Transmission to Sealed Records Clerk: as to Ghislaine Maxwell. Transmitted re: 325 Order on Letter Motion to the Sealed Records Clerk for the sealing or unsealing of document or case. (jw) (Entered: 08/23/2021) | 08/23/2021 | 326 | 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 August 23, 2021 re: Response to Defense August 18, 2021 Letter Document filed by USA. (Comey, Maurene) (Entered: 08/23/2021) | 08/24/2021 | 327 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 08/24/2021 (Sternheim, Bobbi) (Entered: 08/24/2021) | 08/25/2021 | 328 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated August 25, 2021 re: Service of Order. (Everdell, Christian) (Entered: 08/25/2021) | 08/25/2021 | 329 | ORDER as to Ghislaine Maxwell. Defendant submitted a letter on August 18 informing the Court about disruptions of attorney-client video teleconferences. Dkt. No. 319. After conferring with MDC Legal, the Government responded on August 23. Dkt. No. 326. According to the Government and MDC Legal, the Defendant's difficulties in communicating with her counsel via video teleconference have been resolved, and the Government's letter sufficiently addresses her other requests. The Court finds MDC Legal's assurance that Defendant's communications have not been interfered with, recorded, or listened to sufficient. No further application for relief was made in Defendant's August 24 reply. Dkt. No. 327. The Court remains confident that Ms. Maxwell is fully able to communicate with her defense counsel and to prepare for trial. If Defendant experiences further issues in communicating with her counsel, she should promptly notify the Court after conferring in good faith with the Government and MDC Legal. (Signed by Judge Alison J. Nathan on 8/25/21) (jw) (Entered: 08/25/2021) | 08/27/2021 | 330 | ORDER as to Ghislaine Maxwell. The Clerk's Office has now confirmed that a jury trial in this case has been scheduled to commence on November 29, 2021. This is a firm trial date. When the information is available, the Court will provide courtroom location and public access information by separate order. In light of the firm dates discussed above, it is hereby ORDERED that the parties appear for a telephone conference to discuss jury selection matters on October 21, 2021 at 12:00 P.M. Dial-in information for the parties and for public access will be provided when it is available by separate order. In light of https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 50/113 DOJ-OGR-00020672

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page55 of 208 A-51 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 the jury selection dates provided by the Clerks Office, the Court amends theschedule that it set on June 2, 2021 as follows. The parties shall meet and confer and submit a joint proposed juror questionnaire and joint proposed voir dire by October 11, 2021. The parties shall file a joint proposed charge and verdict sheet, with any differing proposals supported by authority or other justification, by October 27, 2021. Any motions in limine must be simultaneously filed by October 18, 2021, and any responses to motions in limine are due by October 25, 2021. Otherwise, the parties shall continue to follow the schedule that the Court set on June 2, 2021. Dkt. No. 297. IT IS FURTHER ORDERED that the parties appear for an in-person pretrial conference on November 1, 2021 at 11:00 A.M. (Pretrial Conference set for 11/1/2021 at 11:00 AM before Judge Alison J. Nathan.). (Telephone Conference set for 10/21/2021 at 12:00 PM before Judge Alison J. Nathan.). (Signed by Judge Alison J. Nathan on 8/27/21)(jw) (Entered: 08/27/2021) 08/30/2021 331 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated August 30, 2021 re: Response to Government Letter dated August 18, 2021, Dkt. 320 (Pagliuca, Jeffrey) (Entered: 08/30/2021) 09/01/2021 332 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 September 1, 2021 re: Proposed Redactions Document filed by USA. (Comey, Maurene) (Entered: 09/01/2021) 09/03/2021 333 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 332 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 September 1, 2021 re: Proposed Redactions. ENDORSEMENT: The Court has reviewed the proposed redactions and finds that they are narrowly tailored and necessary to protect the privacy and identities of third parties not identified on the record in this case. The intended recipients of the subpoenas did not file proposed redactions by September 1, 2021, per this Court's August 23 Order. Dkt. No. 325. The Court accordingly ORDERS Defendant to file the redacted Motion and Exhibits 1, 3, and 4, and unredacted Exhibit 2, by September 7, 2021. The Court hereby unseals the August 13 Opinion, and the Court will file the Opinion on the public docket. (Signed by Judge Alison J. Nathan on 9/2/2021) (ap) (Entered: 09/03/2021) 09/03/2021 335 ORDER as to Ghislaine Maxwell: The Court ORDERS that at the same time that the Government discloses Jencks Act material, the Government shall also disclose to the defense the identities of any unnamed co-conspirators who allegedly participated in the conspiracies charged in the S2 indictment to whom the Government will refer at trial. The Government is FURTHER ORDERED to disclose all co-conspirator statements it intends to offer at trial no later than October 11, as consistent with this Court's scheduling order. Dkt. No. 297 at 1. (Signed by Judge Alison J. Nathan on 9/3/2021) (See ORDER set forth) (ap) (Entered: 09/03/2021) 09/07/2021 336 MOTION for Discovery (Ex Parte and In Camera for an Order Authorizing a Subpoena Pursuant to Fed. R. Crim. P. 17(c)(3)). Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Everdell, Christian) (Entered: 09/07/2021) 10/05/2021 337 ORDER as to Ghislaine Maxwell. The Court is currently in the process of planning logistics for trial in this matter and requires the parties' best and current estimate of length of trial. The Court plans to have the jury sit 5 days a week from 9am until 5pm. Given that jury selection will be complete by November 19 and opening statements will occur on November 29, the Court requests that the parties provide their best estimate as to when the jury is likely to begin deliberations. This will allow the Court to assess the likelihood that trial may continue after the Christmas holiday and therefore whether the jury may be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 51/113 DOJ-OGR-00020673

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Case 22-1426, Document 57 02/28/2023, 3475900, Page56 of 208 A-52 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 required to sit some days during the week between Christmas and New Year's Day. Accordingly, on or before October 12, 2021, the parties are ORDERED to confer and submit a joint letter with their best and current estimate as to when the jury is likely to begin deliberations. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/5/2021) (bw) (Entered: 10/05/2021) 10/12/2021 338 MEMO ENDORSEMENT as to Ghislaine Maxwell re: Motion to Intervene...ENDORSEMENT...The motion to intervene is DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/12/21)(jw) (Entered: 10/12/2021) 10/12/2021 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint Proposed Juror Questionnaire and Voir Dire . Document filed by USA as to Ghislaine Maxwell. (Pomerantz, Lara) (Entered: 10/12/2021) 10/12/2021 340 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 12, 2021 re: Trial length Document filed by USA. (Rohrbach, Andrew) (Entered: 10/12/2021) 10/13/2021 341 MOTION Individual Sequestered Voir Dire and Limited Attorney-Conducted Voir Dire re 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint Proposed Juror Questionnaire and Voir Dire . Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 10/13/2021) 10/13/2021 342 MEMORANDUM in Support of Ghislaine Maxwell re 341 MOTION Individual Sequestered Voir Dire and Limited Attorney-Conducted Voir Dire re 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint. (Sternheim, Bobbi) (Entered: 10/13/2021) 10/13/2021 343 ORDER as to Ghislaine Maxwell. The Court is in receipt of Defendant's motion for an order granting individual sequestered juror voir dire and limited counsel-conducted voir dire. Dkt. No. 341. The Government is hereby ORDERED to respond by Monday, October 18, 2021 (Government Responses due by 10/18/2021) (Signed by Judge Alison J. Nathan on 10/13/21)(jw) (Entered: 10/14/2021) 10/14/2021 344 ORDER as to Ghislaine Maxwell. The Court received a letter via email from a lawyer for an alleged victim regarding victim attendance at the upcoming trial. The Court will file the letter under seal and forward a copy to counsel for both sides. Consistent with the Districts COVID-19 protocols, the Court will ensure public access for pretrial proceedings and trial, including several overflow rooms at the courthouse with live feeds of the proceedings. Additional information will be provided as soon as it is available. Access for alleged victims will be coordinated between the Victim Witness Unit and the District Executives Office. The contact information for each office is provided below. Furthermore, Defense counsel may coordinate access for the Defendant's family members with the District Executives Office (Signed by Judge Alison J. Nathan on 10/14/21)(jw) (Entered: 10/14/2021) 10/14/2021 345 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 14, 2021 re: Deadline for Filing Motion under Federal Rule of Evidence 412 (Pagliuca, Jeffrey) (Entered: 10/14/2021) 10/14/2021 346 MOTION to Direct MDC to deliver legal mail within one day of receipt . Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 10/14/2021) 10/14/2021 347 ORDER as to Ghislaine Maxwell: The Court is in receipt of Defendant's letter regarding the deadline for filing a motion under Federal Rule of Evidence 412. Dkt. No. 345. The https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 52/113 DOJ-OGR-00020674

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Case 22-1426, Document 57 02/28/2023, 3475900, Page57 of 208 A-53 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Government is hereby ORDERED to respond by 5:00 p.m. tomorrow, October 15, 2021. (Signed by Judge Alison J. Nathan on 10/14/2021) (ap) (Entered: 10/15/2021) 10/15/2021 348 ORDER as to Ghislaine Maxwell: The Court is in receipt of Defendant's letter regarding delivery of Defendant's legal mail at MDC. Dkt. No. 346. The Government is hereby ORDERED to respond as soon as possible but by no later than today, October 15, 2021 at 5:00 p.m. (Signed by Judge Alison J. Nathan on 10/15/2021) (ap) (Entered: 10/15/2021) 10/15/2021 349 SEALED DOCUMENT placed in vault. (jus) (Entered: 10/15/2021) 10/15/2021 350 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 15, 2021 re: Delivery of Legal Mail at MDC Document filed by USA. (Pomerantz, Lara) (Entered: 10/15/2021) 10/15/2021 351 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 15, 2021 re: Federal Rule of Evidence 412 Document filed by USA. (Pomerantz, Lara) (Entered: 10/15/2021) 10/15/2021 352 LETTER RESPONSE in Support of Motion by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 10/15/2021 re: 346 MOTION to Direct MDC to deliver legal mail within one day of receipt .. (Sternheim, Bobbi) (Entered: 10/15/2021) 10/15/2021 353 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Counsels of record for the Government dated 10/15/21 re: Government response to Order of The Court dated 10/15/21 (Dkt. No. 348).ENDORSEMENT: Based on the information in this letter the Court will not enter the Defendant's requested order. See Dkt. 346. However, it is the Court's firm expectation that a defendant in a pre-trial posture like Ms. Maxwell will in most circumstances receive legal mail within approximately 1 business day. Going forward, if another delay occurs, the Defendant may renew the request for a specific order requiring delivery within the time frame. With this understanding and in light of the unusually early pre-trial disclosure schedule set by the Court, the Court remains confident that Ms. Maxwell and her attorneys are fully able to prepare for trial. This resolves Dkt. No. 346. SO Ordered.. (Signed by Judge Alison J. Nathan on 10/15/21)(jm) (Entered: 10/15/2021) 10/15/2021 354 MEMO ENDORSEMENT as to Ghislaine Maxwell on 351 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 15, 2021 re: Federal Rule of Evidence 412. ENDORSEMENT: For the reasons stated in this letter, the Court finds that there is good cause for any motion under Federal Rule of Evidence 412 to be filed no later than October 27, 2021. Any response will be due November 1, 2021. Any hearing will tentatively be scheduled for November 5, 2021.Additional details will be provided if and when any motions are filed. SO ORDERED. (Motions due by 10/27/2021. Responses due by 11/1/2021) (Signed by Judge Alison J. Nathan on 10/15/2021) (lnl) (Entered: 10/18/2021) 10/18/2021 ***DELETED DOCUMENT. Deleted document number 354 Rule 5(f) as to Ghislaine Maxwell. The document was incorrectly filed in this case. (jm) (Entered: 10/18/2021) 10/18/2021 355 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 18, 2021 re: Response to Defense Motion for Limited Attorney-Conditioned Voir Dire and Individual Sequestered Voir Dire Document filed by USA. (Pomerantz, Lara) (Entered: 10/18/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 53/113 DOJ-OGR-00020675

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Case 22-1426, Document 57 02/28/2023, 3475900, Page58 of 208 A-54 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 10/18/2021 | 356 | REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 341 MOTION Individual Sequestered Voir Dire and Limited Attorney-Conducted Voir Dire re 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint. (Sternheim, Bobbi) (Entered: 10/18/2021) | 10/18/2021 | 357 | NOTICE of Defendant Ghislaine Maxwell's Motions in Limine as to Ghislaine Maxwell (Pagliuca, Jeffrey) (Entered: 10/18/2021) | 10/18/2021 | 358 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 18, 2021 re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) (Pagliuca, Jeffrey) (Entered: 10/18/2021) | 10/18/2021 | 359 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 18, 2021 re: Cover letter for Government Motions in Limine Document filed by USA. (Rohrbach, Andrew) (Entered: 10/18/2021) | 10/19/2021 | 360 | ORDER as to Ghislaine Maxwell. As noted in its previous order, the Court will hold a telephone conference to discuss jury selection matters on October 21, 2021 at 12:00 p.m. Dkt. No. 330. Members of the press and the public in the United States may access the live audio feed of the proceeding by calling 844-721-7237 and using access code 9991787. Those outside of the United States may access the live audio feed by calling 409-207-6951 and using the same access code. The Court will provide counsel for both sides an additional dial-in number to be used by counsel, the Defendant and any family members of the Defendant, alleged victims, and any family members of the Defendant. Any photographing, recording, or rebroadcasting of federal court proceedings is prohibited by law. Violation of these prohibitions may result in fines or sanctions, including monetary fines, 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 10/19/2021)(bw) (Entered: 10/19/2021) | 10/20/2021 | 361 | ORDER as to Ghislaine Maxwell: At the telephone conference scheduled to take place on October 21, 2021, in which the Court will discuss jury selection matters and logistics with the parties, the Court will hear from counsel regarding the unopposed request to seal their joint proposed juror questionnaire and voir dire. See Dkt. No. 339. The Court will also inquire as to whether the sealing request extends to the Court's draft questionnaire and voir dire and any justification for such sealing. In the meantime, the Court will today transmit via email its draft questionnaire and draft voir dire to the parties so that the drafts can be discussed at the conference tomorrow. After the Court explains how jury selection will proceed, the parties should be prepared to raise any objections to the Court's draft questionnaire and voir dire. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/20/2021) (lnl) (Entered: 10/20/2021) | 10/20/2021 | 362 | LETTER RESPONSE in Opposition by Reporters Committee for Freedom of the Press as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Reporters Committee for Freedom of the Press and 17 News Media Organizations dated October 20, 2021 re: 339 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 11, 2021 re: Sealing of Joint Proposed Juror Questionnaire and Voir Dire .. (Townsend, Katielynn) (Entered: 10/20/2021) | 10/21/2021 | 363 | LETTER as to USA v. Ghislaine Maxwell addressed to Judge Alison J. Nathan from Pete Brush, reporter, New York federal courts, dated Thu 10/21/2021 11:28 AM re: members of SDNY press corps join RCFP in opposition to secret jury selection in USA v. Maxwell. (bw) (Entered: 10/21/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 54/113 DOJ-OGR-00020676

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page59 of 208 A-55 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 10/21/2021 | Minute Entry for proceedings held before Judge Alison J. Nathan: Pretrial Conference as to Ghislaine Maxwell held on 10/21/2021. Defendant Ghislaine Maxwell present via telephone with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger via telephone. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government via telephone. Court Reporter Carol Ganley via telephone. Pretrial Conference held via telephone. Transcript. (jbo) (Entered: 10/25/2021) | 10/22/2021 | 364 ORDER as to Ghislaine Maxwell: For the reasons stated on the record at yesterday's conference, the Court will implement the following procedures for jury selection: A screening questionnaire will be administered on November 4, 5, and 12. The Clerk's Office will create a corresponding list of names and randomly assigned juror numbers. The list will be provided to counsel and the Court for use throughout jury selection. Jurors will be identified on the questionnaire and in court throughout the process by their assigned number only. Completed questionnaires will be copied and distributed to defense counsel by the U.S. Attorney's Office. After reviewing the completed questionnaires, counsel must confer in good faith and jointly submit four lists: (1) prospective jurors that both sides agree should proceed to voir dire; (2) prospective jurors that both sides agree should be excused; (3) prospective jurors that the defense believes should be excused; and (4) prospective jurors that the defense believes should be excused, but not the Government. Lists for questionnaires completed on November 4 and 5 will be due to the Court via email by November 7. Lists for questionnaires completed on November 12 will be due to the Court via email by November 13. If necessary, there will be an in-person conference on November 15 at 9:30 a.m. to resolve any disputes. Voir dire will proceed on November 16-19. The Court will conduct one-on-one voir dire with each prospective juror in the presence of the parties and with public access to the proceeding. At the conference, both sides indicated the potential need for additional procedures during voir dire under certain circumstances. See Transcript at 1011. As the Court indicated, it will consider proposed narrowly tailored measures that may be necessary during voir dire on a case-by-case basis. See id. at 12. The Court will decide in due course whether the exercise of peremptory strikes will proceed on November 19 or November 29. The Court implements these procedures taking into account the significant publicity this case has garnered, the nature of the charges, and the District's COVID-19 protocols. These procedures are carefully balanced and tailored to ensure the safety of the parties and prospective jurors in light of the continuing pandemic; to ensure juror candor, impartiality, and privacy; and to ensure the First Amendment right to public access of criminal proceedings. Also for the reasons stated on the record at yesterday's conference, the request to seal the parties' proposed questionnaire and voir dire and the Court's draft questionnaire and voir dire until after jury selection is completed is denied. Although the Court has and will continue to implement tailored measures to ensure a fair trial despite significant media interest, see Dkt. Nos. 28, 81, 95, 99, 101, 232, 241, 284, 301, 315, the defense did not justify sealing the entirety of the proposed and draft questionnaires and voir dire. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Court's planned individual voir dire process is designed to carefully probe the prior exposure to and the potential influence of any pre-trial media. As noted at the conference, the parties may continue to propose for the Court's consideration, any appropriate and tailored procedures in light of the specific factors related to this case and upcoming trial. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/22/2021) (lnl) (Entered: 10/22/2021) | 10/22/2021 | 365 ORDER as to Ghislaine Maxwell: Attached are the Court's draft jury questionnaire with changes adopted at yesterday's proceeding in redline and draft voir dire. In light of the District's COVID-19 protocols, the Court has proposed an additional question on page 6 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 55/113 DOJ-OGR-00020677

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Case 22-1426, Document 57 02/28/2023, 3475900, Page60 of 208 A-56 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 of the questionnaire, which is also indicated in redline. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/22/2021) (lnl) (Entered: 10/22/2021) 10/22/2021 366 ORDER as to Ghislaine Maxwell: As discussed at yesterday's conference, attached is the Courts draft preliminary remarks to be recorded and played before each questionnaire session. The parties may suggest any proposed edits by letter on or before October 26, 2021, or they shall indicate by that date that they have no objections or suggestions. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/22/2021) (lnl) (Entered: 10/22/2021) 10/22/2021 367 PROPOSED EXAMINATION OF JURORS by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit Joint Proposed Examination of Prospective Jurors)(Pomerantz, Lara) (Entered: 10/22/2021) 10/25/2021 368 ORDER as to Ghislaine Maxwell. On October 18, 2021, the parties filed their respective motions in limine. Dkt. Nos. 355, 357, 358. Responses are due today, October 25, 2021. The parties are further ORDERED that reply briefs, if any, are due by October 27, 2021. Each sides' responses and any replies must be filed as a single document. The parties are ORDERED to file on the public docket all briefing with both parties proposed redactions, and a joint letter justifying any requested redactions by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), on or before October 29, 2021. ( Replies due by 10/27/2021.) (Signed by Judge Alison J. Nathan on 10/25/21)(jw) (Entered: 10/25/2021) 10/25/2021 369 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated 10/25/21 re: Extension of Time to File Joint Proposed Jury Charge and Verdict Sheet . Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 10/25/2021) 10/25/2021 370 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 25, 2021 re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) (Pagliuca, Jeffrey) (Entered: 10/25/2021) 10/26/2021 371 MEMO ENDORSEMENT 369 LETTER MOTION addressed to Judge Alison J. Nathan from Christian R. Everdell dated 10/25/21 re: Extension of Time to File Joint Proposed Jury Charge and Verdict Sheet. To request a one-week extension until November 3, 2021, to file the joint proposed jury charge and verdict sheet, which are currently due on October 27, 2021...ENDORSEMENT...SO ORDERED. (Signed by Judge Alison J. Nathan on 10/26/21) (jw) (Entered: 10/26/2021) 10/26/2021 372 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated October 26, 2021 re: the Court's draft preliminary remarks Document filed by USA. (Pomerantz, Lara) (Entered: 10/26/2021) 10/26/2021 373 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 10/26/2021 re: Response to court order (Sternheim, Bobbi) (Entered: 10/27/2021) 10/27/2021 375 REPLY by Ghislaine Maxwell re: 372 Letter filed by USA . (Sternheim, Bobbi) (Entered: 10/27/2021) 10/27/2021 376 ORDER as to Ghislaine Maxwell. The Court is receipt of the parties' letters regarding the jury questionnaire and voir dire. See Dkt. Nos. 372, 373, 375. The Court will provide counsel the corresponding list of juror names and assigned juror numbers on November 16 at the commencement of voir dire. The placeholder for the juror information sheet in the Courts draft questionnaire refers to the information sheet required by the Jury Department. See Dkt. No. 365. The information sheet will be removed and collected by the Jury Department from the packet before the parties review of the questionnaires. The https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 56/113 DOJ-OGR-00020678

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Case 22-1426, Document 57 02/28/2023, 3475900, Page61 of 208 A-57 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Court is still considering the logistics of when peremptory strikes will be exercised, but the Court anticipates peremptory strikes will be exercised on November 29. Assuming so, the swearing in of the jury, preliminary instructions, and opening statements would commence immediately following the simultaneous (via submission of lists) exercise of peremptory challenges. (Signed by Judge Alison J. Nathan on 10/27/21)(jw) (Entered: 10/27/2021) 10/27/2021 377 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 27, 2021 re: Ms. Maxwell's Fed. R. Evid. 412 Motion (Pagliuca, Jeffrey) (Entered: 10/27/2021) 10/27/2021 378 NOTICE of Motion Under Federal Rule of Evidence 412 as to Ghislaine Maxwell (Pagliuca, Jeffrey) (Entered: 10/27/2021) 10/28/2021 379 ORDER as to Ghislaine Maxwell. As noted in its previous order, the Court will hold an in-person pretrial conference on November 1, 2021 at 11:00 a.m. Dkt. No. 330. The conference will take place in Courtroom 518 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY. In accordance with its prior Order, the Court will ensure access for alleged victims and any members of the Defendants family. Dkt. No. 344. Two pool reporters will be permitted in the courtroom proper. (Pretrial Conference set for 11/1/2021 at 11:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/28/21)(jw) (Entered: 10/28/2021) 10/29/2021 380 MOTION in Limine. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Rohrbach, Andrew) (Entered: 10/29/2021) 10/29/2021 381 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 10/29/2021 re: Legal Mail Delivery Request (Sternheim, Bobbi) (Entered: 10/29/2021) 10/29/2021 382 RESPONSE to Motion by Ghislaine Maxwell re: 380 MOTION in Limine .. (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E, # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G, # 8 Exhibit H (Filed Under Seal), # 9 Exhibit I (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 383 REPLY MEMORANDUM OF LAW in Support by USA as to Ghislaine Maxwell re: 380 MOTION in Limine . (Rohrbach, Andrew) (Entered: 10/29/2021) 10/29/2021 384 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1)(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 385 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 386 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 387 MOTION in Limine to Exclude Evidence Related to Accuser-3. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A - Filed Under Seal, # 2 Exhibit B - Filed https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 57/113 DOJ-OGR-00020679

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Case 22-1426, Document 57 02/28/2023, 3475900, Page62 of 208 A-58 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | | | Under Seal)(Everdell, Christian) (Entered: 10/29/2021) | 10/29/2021 | 388 | MOTION in Limine to Exclude Evidence of Alleged Flight. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 10/29/2021) | 10/29/2021 | 389 | MOTION in Limine to Exclude Evidence of Alleged False Statement Evidence. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 10/29/2021) | 10/29/2021 | 390 | MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 391 | MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 392 | MOTION in Limine to Suppress Identification. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 393 | MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 394 | MOTION in Limine to Preclude Testimony About Any Alleged "Rape" by Jeffrey Epstein. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 395 | MOTION in Limine to Preclude Reference to the Accusers as "Victims" or "Minor Victims". Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 396 | MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 10/29/2021) | 10/29/2021 | 397 | RESPONSE in Opposition by USA as to Ghislaine Maxwell re: 386 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing., 396 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 390 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 389 MOTION in Limine to Exclude Evidence of Alleged False Statement Evidence., 388 MOTION in Limine to Exclude Evidence of Alleged Flight., 387 MOTION in Limine to Exclude Evidence Related to Accuser-3., 384 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order., 395 MOTION in Limine to Preclude Reference to the Accusers as "Victims" or "Minor Victims"., 385 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement., 394 MOTION in Limine to Preclude Testimony About Any Alleged "Rape" by Jeffrey Epstein., 391 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005., 392 MOTION in Limine to Suppress Identification., 393 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 10/29/2021) | 10/29/2021 | 398 | REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 386 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing., 396 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 58/113 DOJ-OGR-00020680

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Case 22-1426, Document 57 02/28/2023, 3475900, Page63 of 208 A-59 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 390 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 389 MOTION in Limine to Exclude Evidence of Alleged False Statement Evidence., 388 MOTION in Limine to Exclude Evidence of Alleged Flight., 387 MOTION in Limine to Exclude Evidence Related to Accuser-3., 384 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order., 395 MOTION in Limine to Preclude Reference to the Accusers as "Victims" or "Minor Victims"., 385 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement., 394 MOTION in Limine to Preclude Testimony About Any Alleged "Rape" by Jeffrey Epstein., 391 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005., 392 MOTION in Limine to Suppress Identification., 393 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Pagliuca, Jeffrey) (Entered: 10/29/2021) 10/29/2021 399 JOINT LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated Oct. 28, 2021 re: Justifications for redactions Document filed by USA. (Rohrbach, Andrew) (Entered: 10/29/2021) 10/29/2021 402 ORDER as to Ghislaine Maxwell. The Court is in receipt of Defendant's letter regarding delivery of Defendant's legal mail at MDC. Dkt. No. 381 . The Government is hereby ORDERED to respond by Tuesday, November 2, 2021 at 12:00 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/29/2021)(bw) (Entered: 11/02/2021) 10/31/2021 400 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Defendant's motion under Federal Rule of Evidence 412, Dkt. No. 378, and the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386. The issues raised in the two motions overlap significantly. The Court is required under Federal Rule of Evidence 412 to conduct an in camera hearing. Fed. R. Evid. 412 ("Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. Unless the court orders otherwise, the motion, related materials, and the record of the hearing must remain under seal.). In addition, the Court has determined it will conduct a Daubert hearing with respect to the Defendant's motion under Federal Rule of Evidence 702. Because of the overlap in the substance of the motions, the Court will conduct the two proceedings back to back. The Court previously set a tentative date for the Rule 412 Motion hearing as November 5, 2021. Dkt. No. 354. The Court is prepared to proceed with both hearings on that date. Alternatively, the proceedings could be held on either the afternoon of November 9 or the afternoon of November 10. The Government shall confer with its proposed expert regarding availability for the Daubert hearing as well as with alleged victims who wish to attend and be heard at the Rule 412 Motion hearing. After doing so, the parties shall confer with each other as to availability. On or before November 2, 2021, the parties shall jointly file a letter with the Court indicating whether the hearings be held on November 5, 9, or 10. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/31/2021) (bw) (Entered: 11/01/2021) 11/01/2021 401 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' proposed redactions to the parties' motions in limine, responses in opposition, replies in support, and related exhibits. As the Court indicated at today's conference, some of the parties' proposed redactions are overbroad considering the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 59/113 DOJ-OGR-00020681

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page64 of 208 A-60 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 particular, for the reasons stated at today's conference, the Court denies the Government's request to redact section ten of the Government's motion in limine. See Dkt. No. 380. The Court will also not permit redactions pertaining to the general description of evidence or anticipated testimony as such redactions are unnecessary to protect the privacy interests of the individuals implicated. Accordingly, the parties must propose more tailored redactions consistent with the Court's discussion at today's conference. The parties are ORDERED to submit the proposals to the Court via email by November 4, 2021. In order to facilitate the Court's review of the requests, the Court requires the parties to submit the proposed redactions as a single document and with the proposed redactions highlighted. The Defendant's proposed redactions should be highlighted in one color, and the Government's a different color. The Court will rule on the proposed redactions expeditiously. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/1/2021)(bw) (Entered: 11/02/2021) 11/01/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Pretrial Conference as to Ghislaine Maxwell held on 11/1/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Pamela Utter and Michael McDaniel. Pretrial Conference held. Defendant remains remanded. See Transcript. (jbo) (Entered: 11/02/2021) 11/02/2021 403 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 2, 2021 re: Delivery of Legal Mail at MDC Document filed by USA. (Pomerantz, Lara) (Entered: 11/02/2021) 11/02/2021 404 ORDER as to Ghislaine Maxwell. As discussed at yesterday's conference, attached is the Court's draft preliminary remarks to be recorded and played before each voir dire session. The parties may suggest any proposed edits or additions by letter on or before November 8, 2021, or they shall indicate by that date that they have no objections or suggestions. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/2/2021)(bw) (Entered: 11/02/2021) 11/02/2021 405 JOINT LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 2, 2021 re: Trial length Document filed by USA. (Rohrbach, Andrew) (Entered: 11/02/2021) 11/02/2021 406 JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 2, 2021 re: Fed. R. Evid. 412 and 702 Motions Hearing Date (Pagliuca, Jeffrey) (Entered: 11/02/2021) 11/03/2021 407 MOTION for Reconsideration Re: Disclosure of Juror Names to Counsel Only upon completion of Questionnaire. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 11/03/2021) 11/03/2021 408 MOTION for Reconsideration re: Release on Bond. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 11/03/2021) 11/03/2021 409 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' joint letter in response to this Court's order dated October 31, 2021. Dkt. No. 406. The Court will hold a hearing on November 10, 2021 at 9:00 a.m. on the Defendant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as discussed at the November 1, 2021 conference. The proceeding will take place in Courtroom 110 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. The Court will provide information on public access (for the portion of the Daubert https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 60/113 DOJ-OGR-00020682

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page65 of 208 A-61 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 hearing that does not overlap with the Rule 412 issues) as soon as it is available. Otherwise, the Court will order the following briefing schedule if the Government seeks to exclude any of the Defendant's anticipated witness testimony as disclosed in her November 1, 2021 notice. See Dkt. No. 406: Government brief to be filed on ECF: November 8, 2021; Defense response brief to be filed on ECF: November 11, 2021. The redactions are further ORDERED to docket Exhibit A to Dkt. No. 406 with any proposed redactions on or before November 8, 2021. In order to facilitate the Court's review of any proposed redactions, the parties must also submit via email a highlighted copy. SO ORDERED. (Status Conference set for 11/10/2021 at 09:00 AM in Courtroom 110, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 11/3/2021)(bw) (Entered: 11/03/2021) 11/03/2021 412 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter dated November 2, 2021. Dkt. No. 403. The Government is hereby ORDERED to confer further with MDC legal counsel and file a letter regarding Defendant's transportation to the courthouse for proceedings in this matter on or before November 8, 2021. The Court hereby authorizes the letter to be filed under seal because such information may implicate security concerns. The Court will also confer with the United States Marshal for the Southern District of New York and with the District Executive regarding transportation of the Defendant for upcoming in court proceedings and trial. With respect to legal mail, the Court requires MDC Legal Counsel to consider what additional steps can be taken (including what steps by counsel for the Government or the Defendant) to ensure that within the weeks leading up to trial, Ms. Maxwell promptly receives her legal mail. The Government shall docket a letter with MDC Legal Counsel's proposal on or before November 8, 2021. The Court will also transmit this Order to Chief Judge Brodie, who is overseeing the litigation and mediation in Case No. 19-cv-660 (E.D.N.Y.) regarding access to counsel for pre-trial detainees being held at the MDC so that the issue can be discussed as to all MDC pre-trial detainees who require prompt access to legal mail in the weeks leading up to their trials. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/3/2021)(bw) (Entered: 11/04/2021) 11/03/2021 Transmission to Sealed Records Clerk: as to Ghislaine Maxwell. Transmitted re: 412 Order, to the Sealed Records Clerk for the sealing of document. (bw) (Entered: 11/04/2021) 11/03/2021 413 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Defendant's motions for reconsideration. See Dkt. Nos. 407, 408. The Government is hereby ORDERED to respond to Defendant's motion for reconsideration, Dkt. No. 408, on or before November 8, 2021. As to the motion for reconsideration regarding the disclosure of juror names, the Court reminds counsel of the following. First, as the Court previously indicated, the lawyers will be provided the names of jurors on November 16, prior to the commencement of the voir dire process. Second, the Court has now resolved the logistical issues regarding the ability to conduct peremptory challenges on November 29 and the Court can now confirm that peremptory strikes will not be exercised until November 29. Finally, as previously indicated, although only 40 qualified jurors are needed for the exercise of peremptory strikes, the Court will seek to qualify approximately 50 to 60 prospective jurors to return on November 29 for the exercise of peremptory strikes. If counsel for either side learns of any additional information that would be a basis for a strike for cause prior to November 29, they shall immediately raise the issue with the Court. Bearing in mind this information, the Government is ORDERED to respond to Defendant's motion for reconsideration, Dkt. No. 407, on or before November 4, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/3/2021) (bw) (Entered: 11/04/2021) 11/04/2021 410 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 3, 2021 re: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 61/113 DOJ-OGR-00020683

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Case 22-1426, Document 57 02/28/2023, 3475900, Page66 of 208 A-62 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 RTC and Verdict Sheet Document filed by USA. (Attachments: # 1 Exhibit Request to Charge, # 2 Exhibit Verdict sheet)(Rohrbach, Andrew) (Entered: 11/04/2021) 11/04/2021 411 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 4, 2021 re: Reconsideration of Court Order (Dkt. 409) . Document filed by USA as to Ghislaine Maxwell. (Pomerantz, Lara) (Entered: 11/04/2021) 11/04/2021 414 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 411 LETTER MOTION filed by USA addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 4, 2021 re: Reconsideration of Court Order (Dkt. 409). ENDORSEMENT: The Court hereby DENIES the Government's request as to Dr. Park Dietz and Dr. Elizabeth Loftus. Pursuant to this Court's Order, if the Government seeks to exclude these anticipated witnesses, briefing must be submitted by November 8, 2021. Dkt. No. 409. As to the remaining individuals disclosed in Defendant's notice, the Court GRANTS the Government's request. If the Government seeks to exclude those anticipated witnesses, briefing must be submitted by November 15, 2021, with a response by Defendant due November 19, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/4/2021)(bw) (Entered: 11/04/2021) 11/04/2021 415 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 4, 2021 re: Reply to Defendant's Motion for Reconsideration regarding Disclosure of Juror Names Document filed by USA. (Pomerantz, Lara) (Entered: 11/04/2021) 11/05/2021 416 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 415 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 4, 2021 re: Reply to Defendant's Motion for Reconsideration regarding Disclosure of Juror Names. ENDORSEMENT: For the reasons stated in the Government's letter, the motion for reconsideration, Dkt. No. 407, is DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/5/2021) (ap) (Entered: 11/05/2021) 11/08/2021 417 ORDER as to Ghislaine Maxwell: The Court is in receipt of the Government's supplemental letter regarding its opposition to the defense motion to exclude evidence of Minor Victim-3. See Dkt. No. 387. The letter is submitted temporarily under seal to allow defense counsel the opportunity to propose any additional redactions beyond what the Government proposes. At the November 1, 2021 conference, the Court asked the Government to provide its position as to whether Alleged "Victim-3" could be considered a "victim" of the crimes charged in the indictment for any legal purpose, including for purposes of restitution under 18 U.S.C. § 3663(a)(2). See Transcript at 71-72. The Government's supplemental letter does not address this issue. While acknowledging that the Court's request may have been unclear, the Government is now ORDERED to file a supplemental letter responsive to the Court's question on or before 12:00 p.m. on November 7, 2021. For the sake of clarity, the Government is directed to state its position as to whether this anticipated witness could be deemed a victim of any of the crimes charged in the indictment for any legal purpose, including for purposes of restitution under 18 U.S.C. § 3663(a)(2). SO ORDERED. (Signed by Judge Alison J. Nathan on 11/6/2021) (lnl) (Entered: 11/08/2021) 11/08/2021 418 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 November 8, 2021 re: Dkt. No. 406 Ex. A Document filed by USA. (Attachments: # 1 Exhibit Exhibit A)(Rohrbach, Andrew) (Entered: 11/08/2021) 11/08/2021 419 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/8/2021 re: Suggestions to Dkt 404 (Sternheim, Bobbi) (Entered: https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 62/113 DOJ-OGR-00020684

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Case 22-1426, Document 57 02/28/2023, 3475900, Page67 of 208 A-63 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | | | 11/08/2021 | |-----------|-------|------------| | 11/08/2021 | 420 | 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 November 8, 2021 re: the Court's draft preliminary remarks for voir dire (Dkt. 404) Document filed by USA. (Pomerantz, Lara) (Entered: 11/08/2021) | | 11/08/2021 | 421 | ORDER as to Ghislaine Maxwell: A conference is scheduled for November 10, 2021 to address the Defendant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as discussed at the November 1, 2021 conference. Dkt. No. 409. The parties are ORDERED to confirm by 12:00 p.m. tomorrow, November 9, 2021, that the alleged victims referenced in the Defendant's Rule 412 Motion have been notified of the November 10 hearing and of their right to attend. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/8/2021) (lnl) (Entered: 11/08/2021) | | 11/08/2021 | 422 | 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 November 8, 2021 re: Delivery of Legal Mail (Dkt. 412) Document filed by USA. (Pomerantz, Lara) (Entered: 11/08/2021) | | 11/08/2021 | 423 | 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 November 8, 2021 re: Opposition to Motion for Bail Reconsideration Document filed by USA. (Pomerantz, Lara) (Entered: 11/08/2021) | | 11/08/2021 | 424 | MOTION to Preclude Expert Testimony of Dr. Dietz and Dr. Loftus. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rohrbach, Andrew) (Entered: 11/08/2021) | | 11/09/2021 | 425 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 422 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 November 8, 2021 re: Delivery of Legal Mail (Dkt. 412). ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (lnl) (Entered: 11/09/2021) | | 11/09/2021 | 426 | ORDER as to Ghislaine Maxwell: The Court is in receipt of the Defendant's motion for reconsideration regarding release on bond, Dkt. No. 408, and the parties' letters regarding the delivery of the Defendant's legal mail and transport to the courthouse for pretrial conferences and trial in this case, Dkt. Nos. 381, 403, 422. For the reasons stated in this Court's prior bail determinations, Dkt. Nos. 93, 106, 169, and the Government's letter in opposition, Dkt. No. 423, the renewed request for bail is denied. Moreover, based on the representations from MDC legal counsel regarding the delivery of the Defendant's legal mail, Dkt. No. 422, the Court concludes that the Defendant has adequate access to legal counsel and legal mail in order to prepare for trial. MDC legal counsel and the Government are ordered to take the steps outlined in the Dkt. No. 422 between now and the completion of trial. As to the Defendant's transport, the Court concludes that she will be transported to and from the courthouse for pretrial conferences and trial in a way that is humane, proper, and consistent with security protocols. This conclusion is based on representations from MDC legal counsel in the letter submitted under seal because it discusses BOP security protocols, see Dkt. No. 412, as well as the Court's communication with the United States Marshal for the Southern District of New York. The Government, BOP, and USMS shall continue to take all available measures consistent with security protocols to ensure the Defendant has sufficient rest, nutrition, and comfort in order to be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 63/113 DOJ-OGR-00020685

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Case 22-1426, Document 57 02/28/2023, 3475900, Page68 of 208 A-64 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 able to prepare for and participate in trial. This resolves Dkt. No. 408. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (lnl) (Entered: 11/09/2021) 11/09/2021 427 ORDER as to Ghislaine Maxwell: Attached is the Court's revised draft preliminary remarks to be recorded and played before each voir dire session. The Court is in receipt of the Government's letter approving of the remarks, Dkt. No. 420, and the Defendant's proposed additions, Dkt. No. 419. The revised remarks adopt all but one of the Defendant's proposals because the Court's subsequent revisions eliminated that portion of the script. In particular, the Court has made three additional changes in order to accurately explain the logistics of voir dire. Each of these changes is reflected in redline. The parties are ORDERED to indicate by letter on or before November 11, 2021 at 12:00 p.m. whether or not they have any objections or suggestions the Court's revised preliminary remarks to be played before each voir dire session. Attached is also the Court's revised draft voir dire in redline. The Court's revisions simplify the phrasing of questions 1, 2, 3, 10, 13, 25, and 37 in an effort to maximize the time dedicated to questioning each prospective juror. The revision to question 11 reflects the Court's oral ruling on November 1, 2021 regarding the use of pseudonyms for certain witnesses. The revisions to questions 9, 13, 14, 15, 20, 21, and 33 are non-substantive changes to question numbers in order to accurately reference the corresponding question numbers on the jury questionnaire or are grammatical changes. Attached is also the Court's draft instruction sheet for those jurors who are not struck for cause and will return for the exercise of peremptory strikes, as discussed at the November 1 conference. The parties are FURTHER ORDERED to indicate by letter on or before November 12, 2021 whether or not they have any objections or suggestions to the revised voir dire and draft instruction sheet. Finally, the parties are ORDERED to jointly submit the list of individuals and locations who may be mentioned at trial for questions 11 and 12 of the voir dire on or before November 14, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (lnl) (Entered: 11/09/2021) 11/09/2021 428 SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/09/2021) 11/09/2021 429 LETTER REPLY TO RESPONSE to Motion by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/9/2021 re 408 MOTION for Reconsideration re: Release on Bond.. (Sternheim, Bobbi) (Entered: 11/09/2021) 11/09/2021 430 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated November 9, 2021 re: victim notification Document filed by USA. (Moe, Alison) (Entered: 11/09/2021) 11/09/2021 431 ORDER as to Ghislaine Maxwell: As noted in its previous Order, the Court will hold an in-person proceeding on November 10, 2021 at 9:00 a.m. Dkt. No. 409. The proceeding will take place in Courtroom 110 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. The purpose of the proceeding is to address the Defendant's motion under Federal Rule of Evidence 412, Dkt. No. 378, the Defendant's motion in limine to exclude under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), Dkt. No. 386, and the other outstanding issues that overlap with these two motions as discussed at the November 1, 2021 conference. As is expressly required by Federal Rule of Evidence 412, the Court must conduct a hearing on this motion in camera and seal the record of the hearing. Fed. R. Evid. 412(c)(2). Accordingly, this portion of the hearing will be sealed and in camera. The Government confirmed that the attorneys for the alleged victims implicated by the Defendants motion have been notified of their right to attend the hearing pursuant to Federal Rule of Evidence 412. Dkt. No. 430. For the public portions of the proceeding, the Court will ensure access for alleged victims and any members of the Defendant's https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 64/113 DOJ-OGR-00020686

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Case 22-1426, Document 57 02/28/2023, 3475900, Page69 of 208 A-65 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 family, in accordance with its prior Order. Dkt. No. 344. Space will be available in the courtroom proper for members of the media. In order to comply with the District's COVID-19 protocols, the public and additional members of the media will be able to access the proceeding in overflow Courtrooms 506 and 905 of the Thurgood Marshall U.S. Courthouse. These overflow rooms will have live video and audio feeds of the proceeding. The use of any electronic devices during the proceeding in the overflow rooms is strictly prohibited. The Court anticipates seating capacity in the overflow rooms for 50 members of the public. If capacity is reached, no additional persons will be admitted. Per the S.D.N.Y. Response to COVID-19, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to entering the courthouse. All visitors must also have their temperature taken when they arrive at the courthouse. 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. All visitors must wear a mask that covers the person's nose and mouth. Bandannas, gaiters, and masks with valves are not permitted. If a person does not have an approved mask, a screener will provide one. 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. For more information, please see https://www.nysd.uscourts.gov/covid-19-coronavirus. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (lnl) (Entered: 11/09/2021) 11/10/2021 432 JOINT 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 November 10, 2021 re: Pseudonym logistics Document filed by USA. (Attachments: # 1 Exhibit A)(Rohrbach, Andrew) (Entered: 11/10/2021) 11/10/2021 437 ORDER as to Ghislaine Maxwell: The Court hereby revises the schedule for the supplemental briefing as to Defendant's first and seventh motions in limine, which was previously set at the November 1, 2021 conference, as follows: Government submission due Friday, November 12, 2021 Defense submission due Monday, November 15, 2021 At today's conference, the parties inquired about the start time for voir dire on November 16, 2021. The parties are ORDERED to appear at 8:30 a.m. on November 16, 2021 in Courtroom 518 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, NY, for the start of voir dire. SO ORDERED. (Voir Dire set for 11/16/2021 at 08:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 11/10/2021) (lnl) (Entered: 11/12/2021) 11/10/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Pretrial Conference as to Ghislaine Maxwell held on 11/10/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Paula Speer and Sadie Herbert. Pretrial Conference held. See transcript. Defendant remains remanded. (jbo) (Entered: 11/15/2021) 11/11/2021 433 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated November 11, 2021 re: preliminary remarks, voir dire, and instruction sheet Document filed by USA. (Moe, Alison) (Entered: 11/11/2021) 11/11/2021 434 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Laura A. Menninger dated November 11, 2021 re: Court's revised proposed remarks, voir dire and instruction sheet (Dkt. 427) (Menninger, Laura) (Entered: 11/11/2021) 11/11/2021 435 OPINION & ORDER as to Ghislaine Maxwell: The Court therefore denies the Defense's motion to exclude Dr. Rocchio's testimony except as to the opinion that the presence of a https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 65/113 DOJ-OGR-00020687

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Case 22-1426, Document 57 02/28/2023, 3475900, Page70 of 208 A-66 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 third party can facilitate grooming. This resolves docket number 386. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/11/2021) (lnl) (Entered: 11/12/2021) 11/11/2021 450 ORDER as to Ghislaine Maxwell: The Court is in receipt of the parties' proposed redactions in accordance with Dkt. No. 401. The court concludes that the proposed redactions and requests to seal certain exhibits are consistent with the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and narrowly tailored to protect the pre-trial privacy interests of alleged victims, anticipated witnesses, and non-parties. See United States v. Amodeo, 71 F.3d 1044, 1050-51 (2d Cir. 1995). The parties are hereby ORDERED to file the proposed redactions and accompanying exhibits on the public docket on or before November 12, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/11/2021) (lnl) (Entered: 11/12/2021) 11/12/2021 436 MEMO ENDORSEMENT as to Ghislaine Maxwell on 432 JOINT 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 November 10, 2021 re: Pseudonym logistics. ENDORSEMENT: The parties are ORDERED to submit the lists referenced in this letter on or before November 14, 2021, in accordance with Dkt. No. 427. The parties may continue submitting proposed redactions in accordance with the procedures this Court has previously set. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/11/2021) (lnl) (Entered: 11/12/2021) 11/12/2021 438 MOTION in Limine . Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Rohrbach, Andrew) (Entered: 11/12/2021) 11/12/2021 439 RESPONSE to Motion by Ghislaine Maxwell re: 438 MOTION in Limine .. (Attachments: # 1 Exhibit A (Filed Under Sealed), # 2 Exhibit B (Filed Under Sealed), # 3 Exhibit C (Filed Under Sealed), # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E, # 6 Exhibit F (Filed Under Seal), # 7 Exhibit G, # 8 Exhibit H (Filed Under Seal), # 9 Exhibit I (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 440 REPLY MEMORANDUM OF LAW in Support by USA as to Ghislaine Maxwell re: 438 MOTION in Limine . . (Rohrbach, Andrew) (Entered: 11/12/2021) 11/12/2021 441 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1)(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 442 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A)(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 443 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 444 MOTION in Limine to Exclude Evidence Related to Accuser-3. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A - Filed under Seal, # 2 Exhibit B - Filed under Seal)(Everdell, Christian) (Entered: 11/12/2021) 11/12/2021 445 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2 (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 66/113 DOJ-OGR-00020688

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Case 22-1426, Document 57 02/28/2023, 3475900, Page71 of 208 A-67 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/12/2021 446 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 447 MOTION in Limine to Suppress Identification. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit A (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 448 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 449 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 11/12/2021) 11/12/2021 451 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Matthew Russell Lee, dated 10/29/2021, re: timely opposition to blanket requests to seal portions of motions in limine, trial exhibits, public access. ENDORSEMENT: The Court received the attached letters via email. This District no longer permits public access by telephone for in-court criminal proceedings, including trials. The memorandum can be found here - https:// nysd.uscourts.gov/covid-19-coronavirus. The Courts public access orders for all proceedings in the case can be found here - https://www.nysd.uscourts.gov/usa-vsghislaine-maxwell-20-cr-330-ajn-caseinformation. The Court has implemented a procedure for docketing filings with proposed redactions and is ruling on the proposals as expeditiously as possible. See Dkt. No. 401. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/12/2021) (Inl) (Entered: 11/12/2021) 11/12/2021 452 MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 449 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 444 MOTION in Limine to Exclude Evidence Related to Accuser-3., 447 MOTION in Limine to Suppress Identification., 443 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing., 448 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony., 445 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 442 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement., 446 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005., 441 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 11/12/2021) 11/12/2021 453 REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 449 MOTION in Limine to Preclude Introduction of Government's Exhibits 251, 288, 294, 313 and 606., 444 MOTION in Limine to Exclude Evidence Related to Accuser-3., 447 MOTION in Limine to Suppress Identification., 443 MOTION in Limine to Exclude Under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Request for Daubert Hearing., 448 MOTION in Limine to Preclude Law Enforcement Witnesses from Offering Expert Opinion Testimony., 445 MOTION in Limine to Exclude Government Exhibit 52, an Unauthenticated Hearsay Document from Suspect Sources., 442 MOTION in Limine to Exclude Any Evidence Offered by the Government Pursuant to Fed. R. Evid. 404(b) for Failure to Comply with the Rule's Notice Requirement., 446 MOTION in Limine to Exclude Items Purportedly Seized During Search of 358 El Brillo Way on October 20, 2005., 441 MOTION in Limine to Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 11/12/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 67/113 DOJ-OGR-00020689

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page72 of 208 A-68 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Preclude the Introduction of Alleged Co-Conspirator Statements as a Sanction for Failing to Comply with This Court's September 3, 2021 Order.. (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal), # 5 Exhibit E)(Pagliuca, Jeffrey) (Main Document 453 replaced on 11/22/2021) (jw). (Entered: 11/11/2021) 11/12/2021 454 ORDER as to Ghislaine Maxwell: As discussed at Wednesday's conference, the Court will hold an in-person proceeding on November 15, 2021 at 9:30 a.m. The proceeding will take place in Courtroom 518 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. In accordance with its prior Order, the Court will ensure access for alleged victims and any members of the Defendant's family. Dkt. No. 344. In order to comply with the District's COVID-19 protocols, the public will be able to access the proceeding in overflow Courtrooms 110 and 506 of the Thurgood Marshall U.S. Courthouse. These overflow rooms will have live video and audio feeds of the proceeding. The use of any electronic devices during the proceeding in the overflow rooms is strictly prohibited. The Court anticipates seating capacity in the overflow rooms for at least 50 members of the public. If capacity is reached, no additional persons will be admitted. Per the S.D.N.Y. Response to COVID-19, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to entering the courthouse. All visitors must also have their temperature taken when they arrive at the courthouse. 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. All visitors must wear a mask that covers the person's nose and mouth. Bandannas, gaiters, and masks with valves are not permitted. If a person does not have an approved mask, a screener will provide one. 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. For more information, please see https://www.nysd.uscourts.gov/covid-19-coronavirus. SO ORDERED. (Status Conference set for 11/15/2021 at 09:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 11/12/2021) (lnl) (Entered: 11/12/2021) 11/12/2021 455 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 12, 2021 re: Clarification re pseudonym order . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/12/2021) 11/12/2021 456 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 November 12, 2021 re: Co-Conspirator Statements Document filed by USA. (Comey, Maurene) (Entered: 11/12/2021) 11/12/2021 458 ORDER as to Ghislaine Maxwell: The Court is in receipt of the Government's letter motion seeking clarification on two items from the November 1, 2021 pretrial conference. Dkt. No. 455. As to the first item, the Government seeks clarification about the line between permissible and impermissible cross-examination for witnesses testifying under a pseudonym. The Government's suggested level of generality as to permissible cross-examination of the witnesses' careers would unduly curtail the Defendant's Sixth Amendment right to meaningful cross-examination. See United States v. Figueroa, 548 F.3d 222, 227 (2d Cir. 2008). The line of questioning the Government identifies may be relevant to a juror's credibility determination and thus the Court will not limit the Defendant's ability to pursue such questioning on cross-examination. As the Court noted at the November 1 conference, the Defendant may not elicit the name of a specific employer, but the type and genre of employment may be relevant to the jury's assessment of credibilty. Nov. 1, 2021 Transcript at 11-12. As to the second item, the https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 68/113 DOJ-OGR-00020690

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Case 22-1426, Document 57 02/28/2023, 3475900, Page73 of 208 A-69 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Government is ORDERED to submit a proposed order regarding sketch artist depictions of certain witnesses on or before November 18, 2021. (Signed by Judge Alison J. Nathan on 11/12/2021) (ap) (Entered: 11/15/2021) 11/13/2021 457 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated November 12, 2021 re: Government Exhibit 52 Document filed by USA. (Moe, Alison) (Entered: 11/13/2021) 11/15/2021 459 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 10/21/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Carol Ganley, (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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 460 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 10/21/21 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.... (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 461 SEALED DOCUMENT placed in vault. (nmo) (Entered: 11/15/2021) 11/15/2021 462 ORDER as to Ghislaine Maxwell: Attached is a copy of the final jury questionnaire, which is the same as Dkt. No. 365, docketed on October 22, 2021, except that it incorporates the redline changes. (Signed by Judge Alison J. Nathan on 11/15/2021) (ap) (Entered: 11/15/2021) 11/15/2021 463 ORDER as to Ghislaine Maxwell: Voir dire for this matter is set to begin on November 16, 2021 at 8:30 a.m. in Courtroom 518 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. In accordance with its prior Order, the Court will ensure access for alleged victims and any members of the Defendants family. Dkt. No. 344. In order to comply with the Districts COVID-19 protocols, a number of pool reporters will be permitted in the courtroom proper as managed by the District Executives Office. Press will also be able to access the proceeding in dedicated overflow press rooms. The public will be able to access the proceeding in overflow Courtrooms 110 and 906 of the Thurgood Marshall U.S. Courthouse. These overflow rooms will have live video and audio feeds of the proceeding. The use of any electronic devices during the proceeding in the overflow rooms is strictly prohibited. (Signed by Judge Alison J. Nathan on 11/15/2021) (See ORDER set forth) (ap) (Entered: 11/15/2021) 11/15/2021 464 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/15/2021 re: Late Receipt of Govt Disclosures to MDC (Sternheim, Bobbi) (Entered: 11/15/2021) 11/15/2021 465 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 11/1/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Michael McDaniel, (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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (Moya, Goretti) (Entered: 11/15/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 69/113 DOJ-OGR-00020691

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Case 22-1426, Document 57 02/28/2023, 3475900, Page74 of 208 A-70 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/15/2021 | 466 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 11/1/21 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.... (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 | 467 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 11/10/21 before Judge Alison J. Nathan, Court Reporter/Transcriber: Sonya Ketter Moore, (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 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 | 468 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 11/10/21 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.... (Moya, Goretti) (Entered: 11/15/2021) 11/15/2021 | 469 | MEMO ENDORSEMENT as to Ghislaine Maxwell re: 464 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/15/2021 re: Late Receipt of Govt Disclosures to MDC. ENDORSEMENT: It appears that the mail referenced in this letter was sent prior to the Court's memo endorsement of the Government's November 8, 2021 letter. Dkt. Nos. 422, 425. In any event, as this matter is less than two weeks before trial, the Government is ordered to send materials via FedEx and provide the tracking number to defense counsel. (Signed by Judge Alison J. Nathan on 11/15/2021) (ap) (Entered: 11/16/2021) 11/15/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan:Pretrial Conference as to Ghislaine Maxwell held on 11/15/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Rebecca Forman. See Transcript. (jw) (Entered: 12/09/2021) 11/15/2021 | | Terminated Deadlines and Hearings as to Ghislaine Maxwell: (jw) (Entered: 12/09/2021) 11/16/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Voir Dire held on 11/16/2021 as to Ghislaine Maxwell. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell, Laura Menninger and Renato Stabile. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Eve Giniger and Khris Sellin. Jury selection began. Jury selection adjourned to Wednesday, November 17, 2021 at 8:30 AM. See transcript. (jbo) (Entered: 11/19/2021) 11/17/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: (Jury Selection) Jury Trial as to Ghislaine Maxwell held on 11/17/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell, Laura Menninger and Renato Stabile. AUSA Lara Pomerantz, Maurene Comey, and Alison Moe for the government. Court Reporters Eve Giniger and Khris Sellin. Jury selection held. Jury selection adjourned to Thursday, November 18, 2021 at 8:30 AM. See transcript. (jbo) (Entered: 11/19/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 70/113 DOJ-OGR-00020692

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Case 22-1426, Document 57 02/28/2023, 3475900, Page75 of 208 A-71 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | Date | Number | Description | |------------|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 11/18/2021 | 470 | 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 November 18, 2021 re: Courtroom sketch artists Document filed by USA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Rohrbach, Andrew) (Entered: 11/18/2021) | | 11/18/2021 | 471 | ORDER as to Ghislaine Maxwell: IT HEREBY IS ORDERED: 1. That courtroom sketch artists whether in the courtroom or overflow rooms may not draw exact likenesses of the Protected Witnesses; and 2. For avoidance of doubt, courtroom sketch artists may confer with the Court or counsel for either party to determine whether a witness is a Protected Witness, SO ORDERED. (Signed by Judge Alison J. Nathan on 11/18/2021) (lnl) (Entered: 11/18/2021) | | 11/18/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: (Jury Selection) Jury Trial as to Ghislaine Maxwell held on 11/18/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell, Laura Menninger and Renato Stabile. AUSA Lara Pomerantz, Maurene Comey and Alison Moe for the government. Court Reporters Eve Giniger and Khris Sellin. Jury selection held. Jury selection adjourned until Monday, November 29, 2021 at 9:00 AM. See transcript. (jbo) (Entered: 11/19/2021) | | 11/19/2021 | 472 | ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Patrick J. Smith dated 11/18/21 re: We respectfully request that the Court approve Jordana H. Feldman being added to the ECF docket in this case as a movant.....ENDORSEMENT: The Clerk of Court is respectfully directed to add Jordana H. Feldman to the ECF docket in this case as a "movant". SO ORDERED. (Signed by Judge Alison J. Nathan on 11/19/21)(jw) (Entered: 11/19/2021) | | 11/19/2021 | 473 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter motion to quash the Defendants Rule 17(c)(3) subpoena. That motion has been filed temporarily under seal to allow the parties the opportunity to propose limited redactions. The parties are hereby ORDERED to file any proposed redactions on the public docket on or before November 22, 2021, and to justify any requested redactions by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (Signed by Judge Alison J. Nathan on 11/19/21) (jw) (Entered: 11/19/2021) | | 11/19/2021 | 474 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter motion dated November 18, 2021. That motion has been filed temporarily under seal to allow the parties the opportunity to propose limited redactions. Defendant is hereby ORDERED to file a response on or before November 20, 2021. The parties are FURTHER ORDERED to file any proposed redactions to the motion papers on the public docket on or before November 22, 2021, justifying any requested redactions by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (Defendant Responses due by 11/20/2021) (Signed by Judge Alison J. Nathan on 11/19/21)(jw) (Entered: 11/19/2021) | | 11/19/2021 | 475 | JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/19/21 re: Video Monitor (Everdell, Christian) (Entered: 11/19/2021) | | 11/19/2021 | 476 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's supplemental letter regarding Government Exhibit 52, Dkt. No. 457, and the Defendants response, which has been temporarily filed under seal to allow the parties the opportunity to request limited redactions. The Government is hereby ORDERED to file a reply to Defendants response on or before 12:00 p.m. on November 21, 2021. The letter reply should address the Defendants argument that Employee-1 cannot authenticate https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 71/113 DOJ-OGR-00020693

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Case 22-1426, Document 57 02/28/2023, 3475900, Page76 of 208 A-72 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Government Exhibit 52 because Mr. Rodriguez, a former employee, purportedly removed the document from the property before Employee-1 began working for Mr. Epstein. The parties are FURTHER ORDERED to file any proposed redactions to the motion papers on the public docket on or before November 22, 2021, justifying any requested redactions by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) (Government Replies by 11/21/2021). (Signed by Judge Alison J. Nathan on 11/19/21)(jw) (Entered: 11/19/2021) 11/19/2021 477 ORDER as to Ghislaine Maxwell. On October 29, 2021, Defendant filed a motion in limine to exclude evidence related to Accuser-3. Dkt. Nos. 387, 444. The Court twice heard argument related to this motion, including extensive argument at the November 10, 2021 in camera hearing that was sealed pursuant to Federal Rule of Evidence 412. See generally Nov. 1, 2021 Transcript; Nov. 10, 2021 Transcript. The Court has also considered supplemental briefing from the parties. That briefing has been filed temporarily under seal to permit the parties the opportunity to propose redactions in accordance with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In a Memorandum Opinion & Order filed under temporary seal, the Court GRANTS in part and DENIES in part the Defendant's motion. The Memorandum Opinion & Order lays out the permissible and impermissible testimony that may be offered by this witness based on Rules 412, 404, 401, and 403. The Court will send the temporarily sealed Memorandum Opinion & Order to the parties. By November 21, 2021, the parties are ORDERED to inform the Court whether either seeks sealing or limited redactions of the Courts Memorandum Opinion & Order and of the supplemental briefing, justifying any such request by reference to Federal Rule of Evidence 412(c)(2) and/or the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). (Signed by Judge Alison J. Nathan on 11/19/2021)(jw) (Entered: 11/19/2021) 11/19/2021 478 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 November 19, 2021 re: Courtroom Connect Document filed by USA. (Comey, Maurene) (Entered: 11/19/2021) 11/19/2021 690 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. Before the Court is the Defendant's fourth motion in limine to "exclude evidence related to Accuser-3," to whom the Court refers as Witness-3, on the grounds that the testimony is not direct evidence of the charged conspiracies and is inadmissible under Federal Rules of Evidence 404(b) and 403. Dkt. Nos. 387, 444. The Court has twice heard argument related to this motion, including argument at the November 10, 2021 in camera hearing that was sealed pursuant to Federal Rule of Evidence 412. See generally Nov. 1, 2021 Transcript; Nov. 10, 2021 Transcript. At the November 1, 2021 hearing, the Court provided a brief explanation of its current position based on the information then before it, but the Court ultimately reserved ruling pending additional briefing. The Court is now in receipt of the parties' additional briefing and accordingly is prepared to resolve the motion.(See Footnote 1 on this Memorandum Opinion & Order). The Government now proffers that the anticipated testimony of Witness-3 will describe how she met the Defendant and her relationship with the Defendant and Mr. Epstein. In particular, Witness-3 is anticipated to testify how Defendant introduced her to Mr. Epstein, how massages progressed to involve sexual activity, and Ms. Maxwell's role in facilitating those massages. Based on all of the information now before the Court, including a substantially more detailed proffer by the Government as to the anticipated testimony, see Gov. Supp. Ltr. at 2-3 (Nov. 5, 2021); see also Dkt. No. 452 at 42-43, the Court concludes that some of the anticipated testimony may serve as direct evidence of the Mann Act counts....[*** See this Memorandum Opinion & ***]... The parties may submit any requested edits to the proposed limiting instructions that are consistent with the Court's ruling or indicate that they have

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Case 22-1426, Document 57 02/28/2023, 3475900, Page77 of 208 A-73 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 none on or before November 21, 2021. This resolves Dkt. Nos. 387, 444. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/19/2021)(bw) (Entered: 06/29/2022) 11/21/2021 479 LETTER by Jordana H. Feldman as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Patrick J. Smith dated 11/15/2021 re: Rule 17(c)(3) Subpoena to Jordana H. Feldman Document filed by Jordana H. Feldman. (Smith, Patrick) (Entered: 11/21/2021) 11/21/2021 480 MOTION Authorizing a Subpoena Pursuant to Fed. R. Crim. P 17(c)(3) . Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1)(Pagliuca, Jeffrey) (Entered: 11/21/2021) 11/21/2021 481 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 21, 2021 re: Redactions related to Witness-3 . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/21/2021) 11/21/2021 482 ORDER as to Ghislaine Maxwell. On November 1, 2021, the Defense noticed eight expert witnesses. Def. Br., Ex. 1 ("Notice"). On November 8, 2021, the Government filed a motion to partially preclude the testimony of two of those experts, Dr. Dietz and Dr. Loftus. Govt Br., Dkt. No. 424. The Defense filed a response via email on November 12, 2021, to permit the Government the opportunity to propose redactions. In an Opinion and Order temporarily filed under seal, the Court DENIES in part and GRANTS in part the Governments motion to preclude Dr. Dietz's testimony and DENIES in part and GRANTS in part the Governments motion to preclude Dr. Loftus's testimony. It does so after considering the admissibility of the anticipated testimony under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). The Court will send the temporarily sealed Opinion & Order to the parties. By November 23, 2021, the parties are ORDERED to inform the Court whether either seeks sealing or limited redactions of the Court's Opinion & Order, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In addition, by that date, the parties are FURTHER ORDERED to file any proposed redactions to the Defenses response brief and/or supporting exhibits on the public docket, again justifying any such request by reference to the Lugosch test (Signed by Judge Alison J. Nathan on 11/21/21)(jw) (Entered: 11/22/2021) 11/21/2021 516 OPINION & ORDER as to Ghislaine Maxwell. The Court therefore denies in part and grants in part the Government's motion to preclude Dr. Dietz's testimony and denies in part and grants in part the Government's motion to preclude Dr. Loftus's testimony. This resolves docket number 424. (Signed by Judge Alison J. Nathan on 11/21/2021) (See Order set forth) (ap) (Entered: 11/29/2021) 11/22/2021 483 ORDER as to Ghislaine Maxwell. The Court will hold final pretrial conference on November 23, 2021 at 9:30 a.m. The proceeding will take place in Courtroom 318 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. In accordance with its prior Order, the Court will ensure access for alleged victims and any members of the Defendant's family. Dkt. No. 344. The public will be able to access the proceeding in overflow Courtrooms 110, 506, 905, and 906 of the Thurgood Marshall U.S. Courthouse. These overflow rooms will have live video and audio feeds of the proceeding. (Pretrial Conference set for 11/23/2021 at 09:30 AM in Courtroom 318, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.). (Signed by Judge Alison J. Nathan on 11/21/21)(jw) (Entered: 11/22/2021) 11/22/2021 484 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 475 Pursuant to the Court's email of November 15, 2021, the parties respectfully submit this joint letter to request video monitors with a live feed to the trial proceedings in each of the parties' counsel https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 73/113 DOJ-OGR-00020695

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Case 22-1426, Document 57 02/28/2023, 3475900, Page78 of 208 A-74 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 rooms...ENDORSEMENT...To the extent that the Government is requesting that a video monitor be provided in a counsel room at 40 Foley Square, the request is granted to the extent the District Executive can accommodate the request. If the Government is requesting a video monitor in its own offices, the request is denied.The request is granted as to defense counsel's room. SO ORDERED (Signed by Judge Alison J. Nathan on 11/22/21)(jw) (Entered: 11/22/2021) 11/22/2021 485 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's proposed redactions to the parties supplemental briefing and the Court's Memorandum Opinion & Order regarding the admissibility of the anticipated testimony of Witness-3. Dkt. No. 481; see also Dkt. No. 477. Accordingly, the parties are ORDERED to file the redacted papers on the public docket by November 22, 2021, including the Government's supplemental letter regarding Witness-3 dated November 7, 2021 in response to Dkt. No. 417. The Court will file the redacted Memorandum Opinion & Order (Signed by Judge Alison J. Nathan on 11/22/21)(jw) (Entered: 11/22/2021) 11/22/2021 486 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 22, 2021 re: Proposed Redactions . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 487 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 18, 2021 re: Motion to quash Rule 17(e) subpoena . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 488 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 18, 2021 re: Authenticate birth certificates . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 489 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/20/21 re: Birth Certificates (Everdell, Christian) (Entered: 11/22/2021) 11/22/2021 490 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 15, 2021 re: Government Exhibit 52 (Pagliuca, Jeffrey) (Entered: 11/22/2021) 11/22/2021 491 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 November 21, 2021 re: Reply re GX-52 Document filed by USA. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 492 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 November 5, 2021 re: Supplemental letter re Witness-3 Document filed by USA. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 493 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 November 7, 2021 re: Witness-3 and Definitions of "Victim" Document filed by USA. (Rohrbach, Andrew) (Entered: 11/22/2021) 11/22/2021 494 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/11/21 re: Accuser-3 Evidence (Everdell, Christian) (Entered: 11/22/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 74/113 DOJ-OGR-00020696

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Case 22-1426, Document 57 02/28/2023, 3475900, Page79 of 208 A-75 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/22/2021 495 ORDER as to Ghislaine Maxwell. The Court will send the temporarily sealed Memorandum Opinions and Orders to the parties. By November 24, 2021, the parties are ORDERED to inform the Court whether either seeks sealing or limited redactions of the Memorandum Opinions and Orders, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). In addition, by that date, the parties are FURTHER ORDERED to file any proposed redactions to the moving papers and/or supporting exhibits on the public docket, again justifying any such request by reference to the Lugosch test. (Signed by Judge Alison J. Nathan on 11/22/21)(jw) (Entered: 11/23/2021) 11/22/2021 496 ORDER 486 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 22, 2021 re: Proposed Redactions. The Court is in receipt of the Government's Administrator Feldman's, and two anticipated witnesses' motions to quash the Defendant's Rule 17(c)(3) subpoena. Dkt. No. 486. The motions to quash are DENIED. The Court hereby ORDERS the Administrator of the Epstein Victims' Compensation Program to produce to the Court via electronic thumb drive any materials responsive to the subpoena as soon as possible, but no later than 12:00 p.m. on November 24, 2021. Accordingly, the parties shall negotiate a protective order and submit the proposal for approval by the Court no later than 12:00 p.m. on November 24, 2021 (Signed by Judge Alison J. Nathan on 11/22/21) (jw) (Entered: 11/23/2021) 11/22/2021 691 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. The Defense on November 1, 2021, noticed eight expert witnesses. Def. Br., Ex. 1 ("Notice"). Two of those experts, Dr. Park Dietz and Dr. Elizabeth Loftus, are expected to offer opinions that rebut opinions of the Government's expert witness, Dr. Lisa Rocchio. The Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr. Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion. On November 15, 2021, the Government moved to fully or partially preclude the testimony of the remaining six experts. The Defense filed a response on November 19, 2021. The Court addressed the admissibility of Dr. Ryan Hall in a separate written opinion. In this opinion, the Court addresses the preliminary admissibility of Bennett Gershman based on the parties' current proffers...[*** See this Memorandum Opinion & Order ***]... III. Conclusion. The Court therefore grants the Government's motion to preclude Gershman's expert testimony. Because this is a preliminary pre-trial ruling, it is possible that facts and circumstances at trial would alter the Court's analysis. In that event, the Defense must re-raise its request to admit Gershman as an expert witness. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/22/2021)(bw) (Entered: 06/29/2022) 11/22/2021 692 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. The Defense on November 1, 2021, noticed eight expert witnesses. Def. Br., Ex. 1 ("Notice"). Two of those experts, Dr. Park Dietz and Dr. Elizabeth Loftus, are expected to offer opinions that rebut opinions of the Government's expert witness, Dr. Lisa Rocchio. The Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr. Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion. On November 15, 2021, the Government moved to fully or partially preclude the testimony of the remaining six experts. The Defense filed a response on November 19, 2021. The Court addresses the motion to preclude Dr. Hall in this separate opinion. It will address the other five experts in public rulings...[*** See this Memorandum Opinion & Order ***]... III. Conclusion. The Court therefore grants the Government's motion to preclude Dr. Hall's expert testimony. Because this is a preliminary pre-trial ruling, it is possible that facts and circumstances at trial would alter the Court's analysis. In that event, the Defense must re-raise its request to admit Dr. Hall as an expert witness. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/22/2021)(bw) (Entered: 06/29/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 75/113 DOJ-OGR-00020697

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 80 of 208 A-76 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/23/2021 497 ORDER as to Ghislaine Maxwell. As discussed at today's conference, attached is the Courts draft preliminary instructions for the sworn jury. The Court has considered both parties proposed instructions as to the Courts order that certain witnesses be permitted to testify or be referred to by first name only or pseudonym. Dkt. No. 432. The draft preliminary instructions include a limiting instruction regarding this process. The parties may suggest any proposed edits to the preliminary instructions by letter on or before November 27, 2021, or they shall indicate by that date that they have no objections or suggestions. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/23/21)(jw) (Entered: 11/23/2021) 11/23/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: (Final) Pretrial Conference as to Ghislaine Maxwell held on 11/23/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Paula Speers. Final Pretrial Conference held. See Transcript. (jbo) (Entered: 11/23/2021) 11/23/2021 498 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 23, 2021 re: Proposed redactions to Dietz/Loftus materials. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/23/2021) 11/23/2021 499 RESPONSE to Motion by Ghislaine Maxwell re: 424 MOTION to Preclude Expert Testimony of Dr. Dietz and Dr. Loftus.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Pagliuca, Jeffrey) (Entered: 11/23/2021) 11/24/2021 500 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 November 24, 2021 re: Proposed protective order Document filed by USA. (Attachments: # 1 Text of Proposed Order)(Rohrbach, Andrew) (Entered: 11/24/2021) 11/24/2021 501 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 November 24, 2021 re: Corrected proposed protective order Document filed by USA. (Attachments: # 1 Text of Proposed Order Corrected Proposed Protective Order) (Rohrbach, Andrew) (Entered: 11/24/2021) 11/24/2021 502 ORDER as to Ghislaine Maxwell. As noted in this Court's prior order, trial in this case will commence on November 29, 2021. Dkt. No. 330. The trial will take place in Courtroom 318 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. In accordance with its prior Order, the Court will ensure access for alleged victims and members of the Defendants family. Dkt. No. 344. Per the S.D.N.Y. Response to COVID-19, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to entering the courthouse. All visitors must also have their temperature taken when they arrive at the courthouse. 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. All visitors must wear a mask that covers the persons nose and mouth. Bandannas, gaiters, and masks with valves are not permitted. If a person does not have an approved mask, a screener will provide one. 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. For more information, please see https://www.nysd.uscourts.gov/covid-19-coronavirus (Signed by Judge Alison J. Nathan on 11/24/21)(jw) (Entered: 11/24/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 76/113 DOJ-OGR-00020698

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 81 of 208 A-77 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 11/24/2021 503 ORDER as to Ghislaine Maxwell re: 501 The Court is in receipt of the initial production of the Epstein Victims' Compensation Program pursuant to the Rule 17(c) subpoena. See Dkt. No. 496. The Court is also in receipt of the parties' proposed protective order. Dkt. No. 501. The Court will enter the proposed protective order. Dkt. No. 496, the Court determines that the parties may review the materials under the provisions of the protective order. Dkt. No. 501. In doing so, the Court has made no determination as to the admissibility of any of the material. Accordingly, the Administrator of the Epstein Victims Compensation Program is ORDERED to produce the materials contained in the initial production to the parties as soon as possible, but no later than 7:00 p.m. on November 24, 2021. (Signed by Judge Alison J. Nathan on 11/24/21)(jw) (Entered: 11/24/2021) 11/24/2021 504 LETTER by Jordana H. Feldman as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Patrick J. Smith dated 11/23/2021 re: Document Production from Jordana H. Feldman (with proposed redactions) Document filed by Jordana H. Feldman. (Smith, Patrick) (Entered: 11/24/2021) 11/24/2021 505 PROTECTIVE ORDER as to Ghislaine Maxwell...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alison J. Nathan on 11/24/21) (Entered: 11/24/2021) 11/24/2021 506 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 24, 2021 re: Proposed redactions to Hall et al. materials. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 11/24/2021) 11/24/2021 507 MOTION to Preclude Expert Testimony of Dr. Ryan Hall et al. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Rohrbach, Andrew) (Entered: 11/24/2021) 11/24/2021 508 RESPONSE to Motion by Ghislaine Maxwell re: 507 MOTION to Preclude Expert Testimony of Dr. Ryan Hall et al... (Pagliuca, Jeffrey) (Entered: 11/24/2021) 11/24/2021 509 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated November 22, 2021 re: 507 MOTION to Preclude Expert Testimony of Dr. Ryan Hall et al.. re: File reply brief. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit Proposed reply brief, # 2 Exhibit Proposed Exhibit C)(Rohrbach, Andrew) (Entered: 11/24/2021) 11/27/2021 510 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 November 27, 2021 re: Preliminary instructions Document filed by USA. (Rohrbach, Andrew) (Entered: 11/27/2021) 11/27/2021 511 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 11/27/2021 re: Trial document procedure (Sternheim, Bobbi) (Entered: 11/27/2021) 11/27/2021 512 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 27, 2021 re: Court's Proposed Preliminary Instructions to the Jury (Pagliuca, Jeffrey) (Entered: 11/27/2021) 11/28/2021 515 ORDER as to Ghislaine Maxwell: The Court is in receipt of the third production of the Epstein Victims Compensation Program pursuant to the Rule 17(c) subpoena. See Dkt. Nos. 496, 503. Consistent with its prior orders, Dkt. Nos. 496, 503, the Court determines that the parties may review the materials under the provisions of the protective order. Dkt. No. 505. In doing so, the Court has made no determination as to the admissibility of any of the material. Accordingly, the Administrator of the Epstein Victims' Compensation https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 77/113 DOJ-OGR-00020699

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Case 22-1426, Document 57 02/28/2023, 3475900, Page82 of 208 A-78 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Program is ORDERED to produce the materials contained in the third production to the parties as soon as possible, but no later than 8:30 p.m. on November 28, 2021. (Signed by Judge Alison J. Nathan on 11/28/2021) (ap) (Entered: 11/29/2021) 11/29/2021 513 ORDER as to Ghislaine Maxwell: The Court is in receipt of the second production of the Epstein Victims Compensation Program pursuant to the Rule 17(c) subpoena. See Dkt. Nos. 496, 503. The Administrator provided the materials via a secure FTP site, which the Court concludes is sufficient. Consistent with its prior orders, Dkt. Nos. 496, 503, the Court determines that the parties may review the materials under the provisions of the protective order. Dkt. No. 505. In doing so, the Court has made no determination as to the admissibility of any of the material. Accordingly, the Administrator of the Epstein Victims Compensation Program is ORDERED to produce the materials contained in the second production to the parties as soon as possible, but no later than 5:00 p.m. on November 27, 2021. (Signed by Judge Alison J. Nathan on 11/27/2021) (ap) (Entered: 11/29/2021) 11/29/2021 514 ORDER as to Ghislaine Maxwell: The Court is in receipt of the Government's letter motion to preclude certain lines of cross-examination of Government witnesses. The Court hereby GRANTS the Government's request to file the letter motion under seal in order to protect the privacy interests of anticipated witnesses, including those who are subject to the Court's pseudonym order. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). The Defendant is hereby ORDERED to respond by today, November 28, 2021, at 2:00 p.m. (Responses due by 11/28/2021) (Signed by Judge Alison J. Nathan on 11/28/2021) (ap) (Entered: 11/29/2021) 11/29/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Selection / Jury Trial as to Ghislaine Maxwell held on 11/29/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski Jury selection held. Jury trial begins. See Transcript. (jbo) (Entered: 12/02/2021) 11/30/2021 517 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 November 30, 2021 re: Defense exhibits Document filed by USA. (Rohrbach, Andrew) (Entered: 11/30/2021) 11/30/2021 518 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 30, 2021 re: Fed. R. Crim. P. 16(b)(1)(A) (Pagliuca, Jeffrey) (Entered: 11/30/2021) 11/30/2021 519 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 30, 2021 re: Pseudonyms (Pagliuca, Jeffrey) (Entered: 11/30/2021) 11/30/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 11/30/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 12/02/2021) 11/30/2021 693 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' letters regarding the issue of potential cross-examination that might elicit identifying information in violation of this Court's order. See Dkt. No. 519. The Government is hereby ORDERED to provide to the Defense the information it believes falls within the categories of specifically identifying information for the current testifying witness no later than 7:00 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 78/113 DOJ-OGR-00020700

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Case 22-1426, Document 57 02/28/2023, 3475900, Page83 of 208 A-79 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 a.m. tomorrow morning, December 1, 2021. The Defense is ORDERED to alert the Government of any issues concerning the current testifying witness by the same time7:00 a.m. tomorrow morning, December 1, 2021. The Defense shall remain cognizant not only of its duty to avoid revealing the names of witnesses testifying under pseudonyms, but also any specifically identifying information of the protected witnesses. See Transcript, at 10-11 (Nov. 1, 2021). The parties shall then meet and confer on any disagreements. If the parties cannot reach a resolution, they may raise any issues with the Court when the parties are scheduled to appear at 8:45 a.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/30/2021)(bw) (Entered: 06/29/2022) 12/02/2021 520 ORDER as to Ghislaine Maxwell: The Clerk of Court is respectfully directed to pay the invoices received in connection with the transportation of jurors in this matter. (Signed by Judge Alison J. Nathan on 12/2/2021) (ap) (Entered: 12/03/2021) 12/02/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/2/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and Alena Lynch. Jury trial held. See Transcript. (jbo) (Entered: 12/07/2021) 12/03/2021 521 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 3, 2021 re: Witness Jane's Testimony (Attachments: # 1 Exhibit 1 (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 12/03/2021) 12/03/2021 522 JOINT 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 December 3, 2021 re: Witness Dawson Document filed by USA. (Rohrbach, Andrew) (Entered: 12/03/2021) 12/03/2021 526 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 522 Accordingly, the parties jointly and respectfully request that the Court release Michael Dawson from his obligation to return to Court on Monday...ENDORSEMENT...SO ORDERED (Signed by Judge Alison J. Nathan on 12/3/21)(jw) (Entered: 12/06/2021) 12/03/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/3/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters George Malinowski and Andrew Walker. Jury trial held. See Transcript. (jbo) (Entered: 12/07/2021) 12/04/2021 523 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 December 4, 2021 re: 900 Series of Exhibits Document filed by USA. (Rohrbach, Andrew) (Entered: 12/04/2021) 12/05/2021 524 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 5, 2021 re: Edit to Witness-3 instruction . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 12/05/2021) 12/05/2021 525 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 5, 2021 re: Response to the Government's Letter Regarding 900 Series of Exhibits (Pagliuca, Jeffrey) (Entered: 12/05/2021) 12/05/2021 527 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter motion regarding the limiting instruction for Witness-3's anticipated testimony. The https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 79/113 DOJ-OGR-00020701

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Case 22-1426, Document 57 02/28/2023, 3475900, Page84 of 208 A-80 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Government is hereby ORDERED to file an additional letter explaining what details regarding the alleged sexual activity the Government would seek to elicit absent instruction from the Court and in light of the Defenses opening. The Government's letter must be submitted no later than today, December 5, 2021, at 4:00 p.m. With that information, the Defense can respond to and the Court can analyze the Government's requested addition in the limiting instruction. Accordingly, the Defense is ORDERED to respond to the Government's letter motion and further response letter no later than today, December 5, 2021, at 7:00 p.m. In their letter responses the parties shall be mindful of Rule 412's requirement regarding sealing (Signed by Judge Alison J. Nathan on 12/5/21) (jw) (Entered: 12/06/2021) 12/06/2021 528 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 December 6, 2021 re: Attorney-Client Privilege Document filed by USA. (Rohrbach, Andrew) (Entered: 12/06/2021) 12/06/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/6/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 12/07/2021) 12/07/2021 Minute Entry for proceedings held before Judge Alison J. Nathan:Jury Trial as to Ghislaine Maxwell held on 12/7/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. See Transcript. (jw) (Entered: 12/13/2021) 12/08/2021 529 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 11/15/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Rebecca Forman, (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 12/29/2021. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/8/2022. (Moya, Goretti) (Entered: 12/08/2021) 12/08/2021 530 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 11/15/21 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.... (Moya, Goretti) (Entered: 12/08/2021) 12/08/2021 531 ORDER as to Ghislaine Maxwell. Juror Number 70 is directed to submit the receipts associated with the transportation cost incurred on Wednesday 8, 2021, to the Jury Administrator. Upon receipt, the Clerk of Court is directed to reimburse Juror Number 70 for said cost. SO ORDERED (Signed by Judge Alison J. Nathan on 12/8/21)(jw) 12/08/2021 Minute Entry for proceedings held before Judge Alison J. Nathan:Jury Trial as to Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110867015221896-L_1_0-1 80/113 DOJ-OGR-00020702

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 85 of 208 A-81 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 government. Court Reporters Martha Martin and George Malinowski. See Transcript (jw) (Entered: 12/13/2021) 12/09/2021 532 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 8, 2021 re: Exhibit 52 (Pagliuca, Jeffrey) (Entered: 12/09/2021) 12/09/2021 533 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 8, 2021 re: Admission of GX 52. Document filed by USA as to Ghislaine Maxwell. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rohrbach, Andrew) (Entered: 12/09/2021) 12/09/2021 534 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 9, 2021 re: Proposed redactions to Dkt. No. 533. Document filed by USA as to Ghislaine Maxwell.(Rohrbach, Andrew) (Entered: 12/09/2021) 12/09/2021 535 MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. The Government seeks to admit what has been identified as Government Exhibit 52 ("GX 52"), and submit to the jury a redacted version of GX 52. The Defense objects to the admission of GX 52 on authentication and hearsay grounds. The admissibility of the exhibit has been the subject of pretrial motion in limine briefing and extensive supplemental briefing. See Dkt. Nos. 390, 397, 398, 457, 476, 490. This includes supplemental briefing received on December 8, 2021, after the authenticating witness, Mr. Juan Alessi, underwent direct examination by the Government and voir dire by the Defense. The Court reserved ruling on the exhibit, pending what was anticipated to be additional testimony. Trial Tr. at 876. The Court now overrules the Defenses objections. The parties are ORDERED to confer and propose a limiting instruction consistent with this ruling on or before today, December 9, 2021, at 7:00 p.m. The parties are FURTHER ORDERED to confer and prepare a stipulation that Government Exhibits 52A, 52D, 52E, 52F, 52G, and 52H are true and correct photocopies of five pages from GX 52. See Trial Tr. at 858. (Signed by Judge Alison J. Nathan on 12/9/21)(jw) (Entered: 12/10/2021) 12/09/2021 Minute Entry for proceedings held before Judge Alison J. Nathan:Jury Trial as to Ghislaine Maxwell held on 12/9/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. See transcript. (jw) (Entered: 12/13/2021) 12/10/2021 536 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 11/23/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (Moya, Goretti) (Entered: 12/10/2021) 12/10/2021 537 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 11/23/21 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.... (Moya, Goretti) (Entered: 12/10/2021) 12/10/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/10/2021. Defendant Ghislaine Maxwell present with https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 81/113 DOJ-OGR-00020703

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Case 22-1426, Document 57 02/28/2023, 3475900, Page86 of 208 A-82 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski Jury trial held. See Transcript. (jbo) (Entered: 12/20/2021) 12/11/2021 | 538 | 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 December 9, 2021 re: Limiting instruction for GX 52 Document filed by USA. (Rohrbach, Andrew) (Entered: 12/11/2021) 12/12/2021 | 539 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 12, 2021 re: Defense witness order . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 12/12/2021) 12/12/2021 | 540 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 12/12/2021 re: Order of Defense Witnesses (Sternheim, Bobbi) (Entered: 12/12/2021) 12/13/2021 | 541 | 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 December 13, 2021 re: Privilege stipulation Document filed by USA. (Rohrbach, Andrew) (Entered: 12/13/2021) 12/14/2021 | 542 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Defense's letter dated December 13, 2021, regarding anticipated witnesses. The Government is ORDERED to submit a response no later than today, December 14, 2021, at 10:00 p.m. The Defense is FURTHER ORDERED to provide a copy of its anticipated witness order to the Court no later than today, December 14, 2021, at 12:00 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/14/2021)(bw) (Entered: 12/14/2021) 12/14/2021 | 543 | SEALED DOCUMENT placed in vault. (jus) (Entered: 12/14/2021) 12/14/2021 | 544 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 13, 2021 re: Jack Scarola, Brad Edwards and Robert Glassman (Attachments: # 1 Exhibit 1 (Filed Under Seal))(Pagliuca, Jeffrey) (Entered: 12/15/2021) 12/15/2021 | 545 | 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 December 14, 2021 re: Testimony from Victim Counsel Document filed by USA. (Rohrbach, Andrew) (Entered: 12/15/2021) 12/15/2021 | 546 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 15, 2021 re: Proposed redactions to Privilege Letters. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 12/15/2021) 12/15/2021 | 547 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 12/15/2021 re: Opposition to restriction on expert testimony (Sternheim, Bobbi) (Entered: 12/15/2021) 12/15/2021 | 548 | MEMORANDUM OPINION & ORDER as to Ghislaine Maxwell. The Defense on December 12, 2021, moved to permit three anticipated witnesses to testify under a pseudonym or their first names only. The Government filed a letter opposing this request on December 14, 2021. The Defense's primary contention is that some form of anonymity for its witnesses is justified by the same reasons that the Court permitted three alleged victims and two related government witnesses to testify under pseudonyms. The Court disagrees with this basic premise and denies the Defense's motion....[*** See this https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 82/113 DOJ-OGR-00020704

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Case 22-1426, Document 57 02/28/2023, 3475900, Page87 of 208 A-83 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Memorandum Opinion & Order ***... Last, the Court emphasizes that while it currently denies the Defense's motion, the Defense may of course raise, and the Court will consider, objections that particular lines of questioning into witnesses' backgrounds or lives are irrelevant, cumulative, intended to harass, or otherwise inappropriate. See, e.g., Smith v. Illinois, 390 U.S. 129, 133 (1968) (emphasizing that even when anonymity is not warranted, the court has a duty to protect a witness "from questions which go beyond the bounds of proper cross-examination merely to harass, annoy or humiliate him"). SO ORDERED. (Signed by Judge Alison J. Nathan on 12/15/2021)(bw) (Entered: 12/16/2021) 12/15/2021 694 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's motion to preclude certain testimony of defense witnesses, dated December 15, 2021. The Defense is ORDERED to submit a response as follows: - A response to the motion with respect to Dr. Loftus by today, December 15, 2021, at 7:45 p.m. - A response to the motion with respect to Alexander Hamilton by tomorrow, December 16, 2021, at 7:00 a.m. - A response to the motion with respect to the other anticipated witnesses by tomorrow, December 16, 2021, at 5:00 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/15/2021)(bw) (Entered: 06/29/2022) 12/16/2021 551 ORDER as to Ghislaine Maxwell: The Court is in receipt of the parties' joint letter regarding the admission of prior inconsistent statements. The parties' letter notes "that many of these statements raise one of two questions: (1) must counsel show the witness the prior inconsistent statement under Rule 613(b), and (2) is a statement admissible when the witness affirms that the 3500 material contains the inconsistent statement and also expresses disagreement with the substance." The parties are hereby ORDERED to submit a letter citing authority (beyond the rule itself) for their respective positions. The parties are FURTHER ORDERED to indicate each disputed prior inconsistent statement that was read into the record. Letters must be submitted as soon as possible but no later than today, December 16, 2021, at 10:15 p.m. The parties are FURTHER ORDERED to docket their respective letters by tomorrow, December 17, 2021, at 8:00 a.m. (Signed by Judge Alison J. Nathan on 12/16/2021) (ap) Modified on 12/17/2021 (ap). (Entered: 12/17/2021) 12/16/2021 552 ORDER as to Ghislaine Maxwell: The Court denies the motion for the remaining witnesses the Government seeks to preclude. (Signed by Judge Alison J. Nathan on 12/16/2021) (ap) (Entered: 12/17/2021) 12/16/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/16/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski Jury trial held. See Transcript. (jbo) (Entered: 12/20/2021) 12/17/2021 549 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 December 17, 2021 re: Law enforcement witness testimony Document filed by USA. (Attachments: # 1 Exhibit A)(Rohrbach, Andrew) (Entered: 12/17/2021) 12/17/2021 550 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 December 16, 2021 re: Prior inconsistent statements Document filed by USA. (Rohrbach, Andrew) (Entered: 12/17/2021) 12/17/2021 553 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 16, 2021 re: Prior Inconsistent Statements (Pagliuca, Jeffrey) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 83/113 DOJ-OGR-00020705

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Case 22-1426, Document 57 02/28/2023, 3475900, Page88 of 208 A-84 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 (Entered: 12/17/2021) 12/17/2021 562 ORDER as to Ghislaine Maxwell. Attached is the draft jury charge and draft verdict sheet. Counsel shall be prepared to provide at the charging conference tomorrow, December 18, 2021, specific suggestions (with supporting authority if available) for any requested changes (Signed by Judge Alison J. Nathan on 12/17/21)(jw) (Entered: 12/20/2021) 12/17/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/17/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski Jury trial held. See Transcript. (jbo) (Entered: 12/20/2021) 12/18/2021 554 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 December 18, 2021 re: Jury instructions Document filed by USA. (Rohrbach, Andrew) (Entered: 12/18/2021) 12/18/2021 555 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 15, 2021 re: Ms. Maxwell's Response to Government's Motion to Preclude Certain Testimony by Alexander Hamilton (Pagliuca, Jeffrey) (Entered: 12/18/2021) 12/18/2021 563 ORDER as to Ghislaine Maxwell. The charging conference for this matter was held today, December 18, 2021. Attached to this Order are redline and clean copies of the draft jury charge and draft verdict form that incorporate all changes discussed at the conference, or by the Government's subsequent letter, Dkt. No. 554, and adopted by the Court. The Court also edited "a minor" to be "an individual under the age of 18" on page 38, line 19, and deleted "or foreign" on page 28, line 5, as consistent with the agreed upon edits at conference. No later than tomorrow, December 19, 2021, at 12:00 p.m., the parties may inform the Court in writing of any errors that were the result of the Court's inputting the changes from todays charging conference. (Signed by Judge Alison J. Nathan on 12/18/21)(jw) (Entered: 12/20/2021) 12/18/2021 Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/18/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Khris Sellin and Paula Speers. Jury trial held. See Transcript. (jbo) (Entered: 12/22/2021) 12/19/2021 556 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 December 19, 2021 re: Jury charge Document filed by USA. (Rohrbach, Andrew) (Entered: 12/19/2021) 12/19/2021 557 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 12/19/2021 re: Letter re: Jury Charge (Sternheim, Bobbi) (Entered: 12/19/2021) 12/19/2021 558 JOINT 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 December 19, 2021 re: Closing logistics Document filed by USA. (Rohrbach, Andrew) (Entered: 12/19/2021) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 84/113 DOJ-OGR-00020706

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Case 22-1426, Document 57 02/28/2023, 3475900, Page89 of 208 A-85 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 12/19/2021 | 559 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 19, 2021 re: Redacted exhibits. Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 12/19/2021) | 12/19/2021 | 560 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 558 The parties respectfully submit this letter regarding the logistics for public access for closing arguments. The parties propose that they will release a public version of their slides (to the extent they do not contain sealed materials) following the conclusion of the trial day on the same basis that they have been releasing public exhibits during trial...ENDORSEMENT...The parties previously indicated to the Court that they did not intend to make the visuals of the closing argument presentations public. The Court accordingly ordered the parties to confer on a proposal so as to ensure public access. For the reasons provided by the parties, the Court adopts the parties' proposal. Versions of the closing argument visual presentations with narrowly tailored redactions (e.g., redactions to protect the anonymity of witnesses the Court has permitted to testify under pseudonyms) shall be made available to the public within two hours of the completion of closing arguments. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/19/2021)(jw) (Entered: 12/20/2021) | 12/19/2021 | 561 | MEMO ENDORSEMENT 559 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 19, 2021 re: Redacted exhibits...ENDORSEMENT...SO ORDERED (Signed by Judge Alison J. Nathan on 12/19/21) (jw) (Entered: 12/20/2021) | 12/19/2021 | 564 | ORDER as to Ghislaine Maxwell. The parties are hereby ORDERED by 9:00 a.m. tomorrow, December 20, 2021, to docket or otherwise make publicly available all admitted exhibits. The parties shall confer on and propose narrowly tailored redactions for any exhibits admitted temporarily under seal. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/19/21)(jw) (Entered: 12/20/2021) | 12/19/2021 | 565 | ORDER as to Ghislaine Maxwell. Attached to this Order are the final versions of the jury charge and verdict form. Per the parties' letters, the Court adopted the Government's proposed edit to Instruction No. 19. See Dkt. Nos. 556, 557. (Signed by Judge Alison J. Nathan on 12/19/21)(jw) (Entered: 12/20/2021) | 12/20/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/20/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Martha Martin and George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 12/22/2021) | 12/21/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/21/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Martha Martin. Jury trial held. See Transcript. (jbo) (Entered: 12/22/2021) | 12/22/2021 | | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/22/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSAs Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 01/10/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 85/113 DOJ-OGR-00020707

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Case 22-1426, Document 57 02/28/2023, 3475900, Page90 of 208 A-86 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 12/27/2021 | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/27/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Martha Martin. Jury trial held. See Transcript. (jbo) (Entered: 01/10/2022) 12/28/2021 | 566 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 27, 2021 re: Supplemental Instruction (Everdell, Christian) (Entered: 12/28/2021) 12/28/2021 | Minute Entry for proceedings held before Judge Alison J. Nathan: Jury Trial as to Ghislaine Maxwell held on 12/28/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter George Malinowski. Jury trial held. See Transcript. (jbo) (Entered: 01/10/2022) 12/29/2021 | Minute Entry for proceedings held before Judge Alison J. Nathan:Jury Trial as to Ghislaine Maxwell held on 12/29/2021. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim, Jeff Pagliuca, Christian Everdell and Laura Menninger. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporter Khris Sellin. Defendant found GUILTY on Counts 1,3,4,5, 6. Defendant found NOT GUILTY on Count 2. Jury trial concluded. (jw) (Entered: 01/11/2022) 12/29/2021 | JURY VERDICT as to Ghislaine Maxwell (1) Guilty on Count 1ss,3ss,4ss,5ss,6ss; Not Guilty on Count 2ss. (jw) (Entered: 06/29/2022) 01/03/2022 | 567 ORDER as to Ghislaine Maxwell. The parties are ORDERED to submit a joint letter by January 10, 2022, proposing a briefing schedule for the Defendant's Rule 29 motion and proposing a schedule for sentencing. The joint letter should also propose a schedule for the severed perjury counts. The Defense also inquired about a booster shot for the Defendant. The Court has been advised that MDC is making booster shots available within a week of receiving a request from an inmate. Defense counsel is accordingly advised to follow the MDC's instructions for requesting a booster. If a request is made and a booster not provided, Defense counsel may make a further application to the Court. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/3/2022)(bw) (Entered: 01/03/2022) 01/05/2022 | 568 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated January 5, 2022 re: Inquiry . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 01/05/2022) 01/05/2022 | 569 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 1/5/22 re: Juror Issue (Redacted) (Everdell, Christian) (Entered: 01/05/2022) 01/05/2022 | 570 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated January 5, 2022 re: Ms. Maxwell's Response to Government's Letter re Juror's Statements (Dkt. 568) (Pagliuca, Jeffrey) (Entered: 01/05/2022) 01/05/2022 | 571 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' letters. Dkt. Nos. 568, 569, 570. The Court hereby sets the following briefing schedule for the Defense to move for a new trial in light of the issues raised in the parties' letters: Defense motion: January 19, 2022; Government response: February 2, 2022; Defense reply: February 9, https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 86/113 DOJ-OGR-00020708

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Case 22-1426, Document 57 02/28/2023, 3475900, Page91 of 208 A-87 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 2022. The parties' briefing should address whether an inquiry of some kind is permitted and/or required, and, if so, the nature of such inquiry. Although the Court reserves decision on whether an inquiry of any kind is warranted, the Court grants the Government's request, Dkt. No. 568, to offer court-appointed counsel to the juror in issue. Subject to the juror's right to decline court-appointed counsel, the Court will appoint the on-duty CJA counsel to represent the juror. If counsel for the juror wishes to be heard on the issue of the appropriateness of an inquiry, briefing by the juror's counsel may be filed by January 26, 2022. The Court will not adjourn post-trial briefing on other issues as requested by the Defense, Dkt. No. 569, but sets the following schedule for any other post-verdict motion by the Defense: Defense motion: February 4, 2022; Government opposition: February 18, 2022; Defense reply: March 4, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/5/2022) (bw) (Entered: 01/05/2022) 01/05/2022 572 NOTICE of Notice of Appearance for Jury Number 50 as to Ghislaine Maxwell (Spodek, Todd) (Entered: 01/05/2022) 01/05/2022 573 ORDER as to Ghislaine Maxwell. A notice of appearance has been filed by retained counsel on behalf of Juror Number 50. See Dkt. No. 572. Retained counsel has communicated to the Court that the juror does not wish to have counsel appointed. Accordingly, the Court will not appoint CJA counsel as indicated in its prior order. See Dkt. No. 571. Counsel for Juror Number 50 is directed to review Dkt. No. 571. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/5/2022)(bw) (Entered: 01/06/2022) 01/10/2022 574 JOINT 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 10, 2022 re: Scheduling Document filed by USA. (Rohrbach, Andrew) (Entered: 01/10/2022) 01/12/2022 575 ORDER as to Ghislaine Maxwell. The parties are ORDERED to submit via email any proposed redactions on or before January 13, 2022, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). If any redactions are proposed, the Court will determine whether any are appropriate and then docket the motion. The parties shall respond to Juror 50s motion on or before January 20, 2022. Upon further reflection, unless and until Juror No. 50 is permitted to intervene, he may have no standing to be heard on the question of whether an inquiry should be conducted. Accordingly, the Court withdraws the aspect of its prior order setting January 26, 2022, as the date by which counsel for Juror 50 should file a submission on the issue of the appropriateness of an inquiry. Dkt. No. 571. The Court will hear from the parties first regarding Juror 50's pending motion. Depending on the resolution of that motion, the Court will provide further guidance to counsel for Juror 50 regarding any permitted submission. If a further submission is permitted, the Court will provide ECF docketing access to counsel for Juror 50 at that time (Signed by Judge Alison J. Nathan on 1/12/22)(jw) (Entered: 01/12/2022) 01/14/2022 576 ORDER as to Ghislaine Maxwell. The Court required the parties to indicate whether Juror 50's motion to intervene and to be provided a copy of the jurors completed questionnaire and voir dire should be redacted. Dkt. No. 575. In response, the parties have submitted letters to the Court indicating their differing views on whether Juror 50s motion should be docketed at all. Upon further reflection, the Courtconcludes that it must first address the threshold question of whether an inquiry is permittedand/or required before considering Juror 50s requests. Accordingly, the Court will not consider or act on Juror 50's request to intervene and to be provided a copy of the jurors completed questionnaire and voir dire until the Court receives the parties briefing on the appropriateness of an inquiry and the nature of any such inquiry. The Court will maintain Juror 50's motion temporarily under seal until the Court considers the parties arguments https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 87/113 DOJ-OGR-00020709

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Case 22-1426, Document 57 02/28/2023, 3475900, Page92 of 208 A-88 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 and determines the appropriate next steps. Consistent with this and to (Signed by Judge Alison J. Nathan on 1/14/22))(jw) (Entered: 01/14/2022) 01/14/2022 577 ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' joint letter regarding a schedule for sentencing and resolution of the severed perjury counts. Dkt. No. 574. The Court hereby schedules the sentencing in this matter for June 28, 2022, at 11:00 a.m. The Court will delay ordering the preparation of a presentence investigation report until April 2022. The Court previously set the schedule for briefing on the new trial motion as well as all other post-verdict motions. Dkt. No. 571. That schedule remains in place. The Court adopts the parties' proposal that the scheduling of any proceedings related to the severed perjury counts be deferred until the post-verdict motions are resolved. By January 18, 2022, the Government shall indicate in a joint letter whether it is seeking an exclusion of time under the Speedy Trial Act for the perjury counts and the basis for any requested exclusion. In the joint letter, the defense shall indicate whether it consents to the proposed exclusion of time (Sentencing set for 6/28/2022 at 11:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 1/14/22)(jw) (Entered: 01/14/2022) 01/18/2022 578 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated January 18, 2022 re: Speedy Trial Act Document filed by USA. (Moe, Alison) (Entered: 01/18/2022) 01/19/2022 579 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 578 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated January 18, 2022 re: Speedy Trial Act. ENDORSEMENT: With respect to Counts 7 and 8, the Court hereby excludes time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), from today's date through April 1, 2022. The Court finds that the ends of justice served by granting this exclusion from speedy trial computations outweigh the interests of the public and the defendant in a speedy trial on these counts because the time is necessary for the parties to research and brief post-trial motions. (Signed by Judge Alison J. Nathan on 1/19/2022) (ap) (Entered: 01/19/2022) 01/19/2022 580 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 01/19/2022 re: Letter to Court re: Motion for New Trial (Sternheim, Bobbi) (Entered: 01/19/2022) 01/24/2022 581 LETTER addressed to Judge Alison J. Nathan from Christine N. Walz, Sanford L. Bohrer and Cynthia A. Gierhart dated 1/21/22 re: Miami Herald letter regarding the Filing of Ms. Maxwell's Motion for a New Trial Under Seal (Dkt. 580) (jw) (Entered: 01/24/2022) 01/25/2022 582 FILING ERROR - DEFICIENT DOCKET ENTRY - WRONG FILER - LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Nathan Siegel dated 1/25/2022 re: Letter from Nathan Siegel on behalf of American Broadcasting Companies, Inc., and NBCUniversal News Group to Hon. Alison J. Nathan Joining the Requests of The Miami Herald (Dkt. No. 581) and the New York Times to Oppose Sealing, and Requesting Additional Unsealing Document filed by USA. (Siegel, Nathan) Modified on 1/26/2022 (lb). (Entered: 01/25/2022) 01/25/2022 583 LETTER addressed to Judge Alison J. Nathan from David E. McCraw dated 1/24/2022 re: Letter by the NY Times Company.(jw) Modified on 1/25/2022 (jw). (Entered: 01/25/2022) 01/26/2022 584 ORDER as to Ghislaine Maxwell. As a post-trial housekeeping matter, Court staff directed the parties via email to complete the process of providing copies of Court Exhibits with narrowly tailored redactions (e.g., redactions to protect the anonymity of jurors and of witnesses the Court permitted to testify under pseudonyms) for the Court to https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 88/113 DOJ-OGR-00020710

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 93 of 208 A-89 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 docket. The Government subsequently submitted one court exhibit with the name unredacted of a witness subject to the Court's anonymity order. Subsequently the Defense indicated in a temporarily sealed letter why the name was unredacted. The Government is accordingly ORDERED to docket a letter on ECF on or before January 28, 2022, indicating why a redaction is no longer being sought for the name of this witness. Once the Government confirms in that letter that it no longer seeks redaction of the name, then the Defense may file the temporarily sealed letter on the docket without redaction of the name. The Court will then docket all Court Exhibits. (Signed by Judge Alison J. Nathan on 1/26/22)(jw) (Entered: 01/26/2022) 01/26/2022 585 ORDER as to Ghislaine Maxwell. The Court is in receipt of Defendant's motion for a new trial and accompanying exhibits, which she requests to file under seal. See Dkt. No. 580. The Court has also received requests from media organizations to unseal the motion. The Court is aware there is substantial public interest in this matter and will ensure that the First Amendment right to public access is fully safeguarded. At the same time, the Court must act deliberately and hear from the parties in considering these sealing issues in order to ensure the integrity of any potential inquiry process going forward, should one be ordered. That too is in the public, as well as the Defendant's and the Government's, interest. Accordingly, to the extent the Defense requests that arguments in favor of sealing should themselves be sealed, that request is DENIED. Arguments in favor of sealing can be made in such a way so as not to undermine the grounds for seeking sealing or redaction in the first instance. The Defense is therefore ORDERED to file a letter on the public docket on or before February 1, 2022, that justifies the proposed sealing by reference to the three-part test in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Government may file on ECF a response to the Defenses justification letter on or before February 4, 2022. The Government's opposition to the Defenses new trial motion is due February 2, 2022, Dkt. No. 571. Per the established practice in this case, the Government must provide a copy via email to the Defense to allow the Defense the opportunity to propose narrowly tailored redactions and/or sealing. If either party proposes redactions to or sealing of the Government's anticipated opposition, a letter justifying such redactions or sealing must be filed on the public docket. The Defense letter must be filed on or before February 8, 2022, and the Government letter must be filed by February 11, 2022. The same process will apply for any Defense reply in support, which is due February 9, 2022, Dkt. No. 571. If redactions or sealing are proposed, the Defense letter justifying such requests would be due February 15, 2022, and the Government letter would be due February 18, 2022. The parties are FURTHER ORDERED to address the New York Times Company's motion to unseal the filled-out questionnaires for the twelve seated jurors. See Dkt. No. 583. Letters by both parties must be submitted via ECF on or before February 11, 2022. SO ORDERED (Signed by Judge Alison J. Nathan on 1/26/2022)(jw) (Entered: 01/26/2022) 01/26/2022 586 LETTER addressed to Judge Alison J. Nathan from Matthew A. Leish dated 1/26/2022 re: I write on behalf of Daily News, L.P. (jw) (Entered: 01/26/2022) 01/27/2022 587 LETTER addressed to Judge Alison J. Nathan from Nathan Siegel dated 1/26/2022 re: Letter addressed to Judge Alison J. Nathan on behalf of American Broadcasting Companies, Inc and NBC Universal News Group (jw) (Entered: 01/27/2022) 01/28/2022 588 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, 2022 re: Redaction of Witness Name (Pomerantz, Lara) (Entered: 01/28/2022) 01/28/2022 589 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 1/28/22 re: Redaction (Everdell, Christian) (Entered: 01/28/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152211896-L_1_0-1 89/113 DOJ-OGR-00020711

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Case 22-1426, Document 57 02/28/2023, 3475900, Page94 of 208 A-90 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 02/01/2022 | 590 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 2/1/22 re: Sealing Motion for New Trial (Everdell, Christian) (Entered: 02/01/2022) | 02/01/2022 | 591 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 2/1/22 re: Extension of Time (Everdell, Christian) (Entered: 02/01/2022) | 02/02/2022 | 592 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 591 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 2/1/22 re: Extension of Time. ENDORSEMENT: The extension request is hereby GRANTED. The briefing schedule for other post-verdict motions is revised as follows: - Defense submission: February 11, 2022. Government response: February 25, 2022. Defense reply: March 11, 2022. (Motions due by 2/11/2022. Responses due by 2/25/2022. Replies due by 3/11/2022) (Signed by Judge Alison J. Nathan on 2/2/2022) (ap) (Entered: 02/02/2022) | 02/04/2022 | 593 | ORDER as to Ghislaine Maxwell: As a post-trial house-keeping matter, attached to this Order are the Court Exhibits. The parties have proposed redactions to several exhibits and the sealing of Court Exhibit 4. The Court concludes that the proposed redactions are consistent with the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and narrowly tailored. The redactions serve the purpose of protecting the anonymity of jurors and of victim-witnesses subject to the Court's anonymity order. With respect to Court Exhibit 4, rather than seal the entire document, the Court has redacted the information that would potentially identify the victim-witness who testified pursuant to the Court's anonymity order. Unredacted copies of the Court Exhibits will be filed under seal. (Signed by Judge Alison J. Nathan on 2/4/2022)(ap) (Entered: 02/04/2022) | 02/04/2022 | 594 | 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 February 4, 2022 re: Opposition to Defendant's Sealing Request Document filed by USA. (Pomerantz, Lara) (Entered: 02/04/2022) | 02/08/2022 | 595 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C. Sternheim dated 2/8/2022 re: Request for Sealing (Sternheim, Bobbi) (Entered: 02/08/2022) | 02/11/2022 | 596 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the parties' letters addressing the Defendant's request to temporarily seal her motion for a new trial and accompanying exhibits, and the Government's response in opposition and accompanying exhibits. See Dkt. Nos. 590, 594, 595. Several media organizations have also filed letters seeking unsealing. The Court is also in receipt of Juror 50's motion to intervene. Both the Government and the Defendant oppose intervention. The Defendant seeks to strike or, in the alternative, seal Juror 50's motion. For the reasons outlined more fully below, the Court rules as follows. First, the Defendant's motion to temporarily seal in their entirety all documents related to the motion for a new trial is DENIED. Any sealing of judicial documents must be narrowly tailored to serve competing interests. (Signed by Judge Alison J. Nathan on 2/11/2022)(jw) (Entered: 02/11/2022) | 02/11/2022 | 597 | ORDER as to Ghislaine Maxwell. The Court's chambers received the attached letter via email from counsel for the National Association of Criminal Defense Lawyers (NACDL) seeking leave to file an amicus brief regarding the Defendant's motion for a new trial. The Court issues this Order in response. If any party wishes to file an amicus brief concerning the Defendant's motion for a new trial, it may submit to the Court via email a motion for leave to do so on or before February 18, 2022. The Court will only consider such a https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 90/113 DOJ-OGR-00020712

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Case 22-1426, Document 57 02/28/2023, 3475900, Page95 of 208 A-91 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 motion if: It is timely submitted by February 18, 2022; (Amicus Brief due by 2/18/2022) (Signed by Judge Alison J. Nathan on 2/11/22)(jw) (Entered: 02/11/2022) 02/11/2022 598 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated February 11, 2022 re: motion by the New York Times Company. Document filed by USA. (Moe, Alison) (Entered: 02/11/2022) 02/11/2022 599 MOTION for New Trial to Obtain Relief Requested in Memorandum in Support of Post-Trial Motions. Document filed by Ghislaine Maxwell. (Everdell, Christian) (Entered: 02/11/2022) 02/11/2022 600 MEMORANDUM in Support by Ghislaine Maxwell re 599 MOTION for New Trial to Obtain Relief Requested in Memorandum in Support of Post-Trial Motions.. OMNIBUS MEMORANDUM in Support by Ghislaine Maxwell re Post-Trial Motions (Everdell, Christian) (Entered: 02/12/2022) 02/15/2022 601 SEALED DOCUMENT placed in vault. (jus) (Entered: 02/15/2022) 02/16/2022 602 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 02/16/2022 re: Letter in Response to Dkt. 596 (Sternheim, Bobbi) (Entered: 02/16/2022) 02/16/2022 603 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated February 16, 2022 re: Letter regarding proposed redactions. Document filed by USA. (Moe, Alison) (Entered: 02/16/2022) 02/17/2022 604 MEMO ENDORSEMENT as to Ghislaine Maxwell on MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF. ENDORSEMENT: The request for leave to file an amicus brief in accordance with this Court's February 11, 2022 order is GRANTED. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/17/2022) (lnl) (Entered: 02/17/2022) 02/18/2022 605 ORDER as to Ghislaine Maxwell: The parties are hereby ORDERED to re-submit via email revised redactions to the parties' briefing on the Defendant's motion for a new trial by February 22, 2022. The revised proposed redactions shall be consistent with this Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/18/2022) (lnl) (Entered: 02/18/2022) 02/21/2022 606 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 02/21/2022 re: Letter in Response to Dkt. 605 (Sternheim, Bobbi) (Entered: 02/21/2022) 02/24/2022 607 ORDER as to Ghislaine Maxwell: The Court is in receipt of the Defendant's proposed redactions revised in response to this Court's order. See Dkt. Nos. 605, 606. The Court has reviewed the proposed redactions and concludes that they are in accordance with its prior orders. See Dkt. Nos. 596, 605. The narrowly tailored redactions further the important interests of helping ensure the integrity of any inquiry and maintaining juror anonymity and privacy. As the Court explained in its February 11 Order, these interests justify redaction of the questions the parties propose be asked at any hearing and specific factual information developed by the parties that has not been publicly reported in the press and that the parties propose be inquired about at any forthcoming hearing. Dkt. No. 596 at 4 (citing United States v. McCoy et al., No. 14 Cr. 6181 (EAW), Dkt. No. 312 (text order) (W.D.N.Y. May 26, 2017); id. Dkt. No. 329 at 38-39; Press-Enter. Co. v. Superior Ct. of Cal., Riverside Cnty., 464 U.S. 501, 511-12 (1984)). Accordingly, the parties are ORDERED to docket the redacted briefs, accompanying exhibits, and their January 13 letters, by February 25, 2022. The Court will docket Juror 50's motion. As noted in its prior Order, following the Court's resolution of the Defendant's motion or a hearing, all https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 91/113 DOJ-OGR-00020713

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Case 22-1426, Document 57 02/28/2023, 3475900, Page96 of 208 A-92 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 redactions will be promptly unsealed except those necessary to protect any continuing interest in juror anonymity and privacy. See United States v. Amodeo, 44 F.3d 141, 146-47 (2d Cir. 1995); see also Press-Enter. Co., 478 U.S. at 14. (Signed by Judge Alison J. Nathan on 2/24/2022) (ap) (Entered: 02/24/2022) 02/24/2022 608 NOTICE OF MOTION TO INTERVENE AND FOR THE RELEASE OF DOCUMENTS UNDER SEAL. Document filed as to Ghislaine Maxwell. (ap) (Entered: 02/24/2022) 02/24/2022 609 MEMORANDUM OF LAW IN SUPPORT OF MOTION TO INTERVENE AND FOR RELEASE OF SEALED JURY QUESTIONNAIRE AND TRANSCRIPT, ON BEHALF OF PROPOSED INTERVENOR, JUROR 50 as to Ghislaine Maxwell re: 608 MOTION. (ap) (Entered: 02/24/2022) 02/24/2022 610 ORDER as to Ghislaine Maxwell: for the reasons fully explained in the Opinion & Order, a hearing is necessary to resolve the Defendant's motion. Because of the important interest in the finality of judgments, the standard for obtaining a post-verdict hearing is high. The Court concludes, and the Government concedes, that the demanding standard for holding a post-verdict evidentiary hearing is met as to whether Juror 50 failed to respond truthfully during the jury selection process to whether he was a victim of sexual abuse. Following trial, Juror 50 made several direct, unambiguous statements to multiple media outlets about his own experience that do not pertain to jury deliberations and that cast doubt on the accuracy of his responses during jury selection. Juror 50's post-trial statements are "clear, strong, substantial and incontrovertible evidence that a specific, non-speculative impropriety"-namely, a false statement during jury selection has occurred. United States v. Baker, 899 F.3d 123, 130 (2d Cir. 2018). To be clear, the potential impropriety is not that someone with a history of sexual abuse may have served on the jury. Rather, it is the potential failure to respond truthfully to questions during the jury selection process that asked for that material information so that any potential bias could be explored. In contrast, the demanding standard for ordering an evidentiary hearing is not met as to the conduct of any other juror. The Court DENIES the request to conduct a hearing with respect to the other jurors. The Court also DENIES the Defendant's request for a broader hearing and pre-hearing discovery. The Court therefore ORDERS that a hearing take place at which the Court will question Juror 50 under oath. The Court further ORDERS that Juror 50's questionnaire be unsealed, for the reasons explained in the Opinion & Order. The Court will email counsel for Juror 50 a copy of his questionnaire and a copy of this Order. As also explained in the Opinion & Order, the Court will conduct the questioning at the public hearing with input from counsel for the Defendant and the Government. The parties may submit by email proposed questions in accordance with the Opinion & Order on or before March 1, 2022. The hearing will take place on March 8, 2022, at 10:00 a.m. The Court ORDERS Juror 50 to appear in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York at that date and time to give testimony under oath in response to the Court's questions. The Court will ensure public access and will provide information on public access as soon as it is available. The Court will send the temporarily sealed Opinion & Order to the parties. By noon on February 25, 2022, the parties are ORDERED to inform the Court whether either seeks limited redactions to the Opinion & Order, conforming any requests to this Court's prior order, Dkt. No. 596, and justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). (Status Conference set for 3/8/2022 at 10:00 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan) (Signed by Judge Alison J. Nathan on 2/24/2022) (ap) Modified on 2/25/2022 (ap). (Entered: 02/24/2022) 02/24/2022 611 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 92/113 DOJ-OGR-00020714

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 97 of 208 A-93 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 February 24, 2022 re: Court's February 24, 2022 Order (Dkt. No. 610) Document filed by USA. (Pomerantz, Lara) (Entered: 02/24/2022) 02/24/2022 | 612 | LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated January 13, 2022 re: Ms. Maxwell's Request for Juror 50's Memorandum of Law in Support of Motion to Intervene, Jury Questionnaire and Transcript Remain Under Seal Upon Resolution of Her Motion for a New Trial. Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 02/24/2022) 02/24/2022 | 613 | MOTION for New Trial. Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Pagliuca, Jeffrey) (Entered: 02/24/2022) 02/24/2022 | 614 | AMICUS CURIAE BRIEF OF THE NATIONAL ASSOCIATION OF CRIMINAL DEFENSE LAWYERS. The Court should not allow any juror to thwart its screening process by giving inaccurate answers and thereby create such a grave potential, realized in this case, for depriving the defendant of her right to a fair trial. A new trial is required. Document filed as to Ghislaine Maxwell. (See BRIEF set forth) (ap) (Entered: 02/24/2022) 02/24/2022 | 615 | MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 613 MOTION for New Trial. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pomerantz, Lara) (Entered: 02/24/2022) 02/24/2022 | 616 | REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 613 MOTION for New Trial. (Attachments: # 1 Exhibit 3 (1 of 3), # 2 Exhibit 3 (2 of 3), # 3 Exhibit 3 (3 of 3)) (Pagliuca, Jeffrey) (Entered: 02/24/2022) 02/24/2022 | 617 | 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 13, 2022 re: Juror 50's Motion to Intervene Document filed by USA. (Pomerantz, Lara) (Entered: 02/24/2022) 02/24/2022 | 618 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 02/24/2022 re: Letter in Response to Dkt 610 (Sternheim, Bobbi) (Entered: 02/24/2022) 02/25/2022 | 619 | MEMO ENDORSEMENT as to Ghislaine Maxwell on 618 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 02/24/2022 re: Letter in Response to Dkt 610. ENDORSEMENT: The Court approves the Defense's proposed redactions, which are narrowly tailored to redact specific categories of questions the Court may ask at the forthcoming hearing. Consistent with this Court's prior order, such redactions help ensure the integrity of the forthcoming hearing. See Dkt. No. 596. The Court will docket the redacted Opinion & Order. As noted in the prior order, the redactions will be promptly unsealed following the hearing. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/25/2022)(lnl) (Entered: 02/25/2022) 02/25/2022 | 620 | OPINION & ORDER as to Ghislaine Maxwell: For the reasons stated above, the Court will hold a hearing regarding Juror 50's answers to Questions 25 and 48 of the questionnaire. The public proceeding will take place on March 8, 2022, at 10:00 a.m. Juror 50 is hereby ORDERED to appear in Courtroom 906 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York at that date and time to give testimony under oath in response to the Court's questions. Counsel for the Defendant and the Government are ORDERED to submit via email proposed questions in accordance with this Opinion & Order on or before March 1, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/24/2022) (lnl) (Main Document 620 replaced on 3/9/2022) (jw). (Entered: 02/25/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 93/113 DOJ-OGR-00020715

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Case 22-1426, Document 57 02/28/2023, 3475900, Page98 of 208 A-94 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | 02/25/2022 | 621 | MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 599 MOTION for New Trial to Obtain Relief Requested in Memorandum in Support of Post-Trial Motions.. (Rohrbach, Andrew) (Entered: 02/25/2022) | 02/28/2022 | 622 | SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/28/2022) | 02/28/2022 | 623 | SEALED DOCUMENT placed in vault. (nmo) (Entered: 02/28/2022) | 03/01/2022 | 635 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey/Alison Moe/Lara Pomerantz/Andrew Rohrbach dated 3/1/22 re: Dear Judge Nathan; In accordance with the Courts February 24, 2022 Opinion and Order (Dkt. No. 620), the Government respectfully submits this letter to propose questions for the public hearing at which the Court will question Juror 50 under oath….. Document filed by USA. (jbo) (Entered: 03/09/2022) | 03/01/2022 | 636 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from defense counsel Christian R. Everdell dated 3/1/22 re: Dear Judge Nathan: We write in response to the Courts order, dated February 24, 2022, permitting the parties to submit proposed questions to the Court for the hearing related to Ms. Maxwells Motion for a New Trial. Dkt. 610….. (jbo) (Entered: 03/09/2022) | 03/02/2022 | 624 | LETTER as to USA v. Ghislaine Maxwell addressed to Judge Alison J. Nathan from Attorney Todd A. Spodek dated March 1, 2022 re: Please be advised that I represent Juror 50. I am writing in response to Your Honor’s February 24, 2022 Order (ECF No.: 610) directing Juror 50 to appear for a hearing on March 8, 2022. I write to inform the Court that Juror 50 will invoke his Fifth Amendment privilege against self-incrimination at the hearing. (bw) (Entered: 03/02/2022) | 03/02/2022 | 625 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, Andrew Rohrbach, dated March 1, 2022 re: By letter dated March 1, 2022, counsel for Juror 50 informed the Court that Juror 50 will invoke his Fifth Amendment privilege against self-incrimination at the hearing scheduled for March 8, 2022. The Government writes to notify the Court that it is in the process of seeking internal approval to seek an order, pursuant to 18 U.S.C. §§ 6002 and 6003, compelling Juror 50’s testimony at the hearing. The Government will, subject to internal approval, submit a proposed order to the Court in advance of the hearing.(bw) (Entered: 03/02/2022) | 03/02/2022 | | ***DELETED DOCUMENT. Deleted document number 626 SEALED DOCUMENT placed in vault, as to Ghislaine Maxwell. The document was incorrectly filed in this case. (nmo) (Entered: 03/02/2022) | 03/02/2022 | 626 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 03/02/2022 re: Juror 50’s intent to assert 5th Amendment and potential immunity (Sternheim, Bobbi) (Entered: 03/02/2022) | 03/02/2022 | 627 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated March 2, 2022 re: Ms. Maxwells Request for adjournment of hearing on Motion for New Trial (Pagliuca, Jeffrey) (Entered: 03/02/2022) | 03/02/2022 | 628 | 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 March 2, 2022 re: Opposition to Defendant’s Adjournment Request Document filed by USA. (Pomerantz, Lara) (Entered: 03/02/2022) | 03/03/2022 | 629 | MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 626 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Attorney Bobbi C Sternheim dated 03/02/2022 re: Juror 50’s intent to assert 5th Amendment and potential immunity. https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 94/113 DOJ-OGR-00020716

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Case 22-1426, Document 57 02/28/2023, 3475900, Page99 of 208 A-95 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 ENDORSEMENT: No grounds are offered for entitlement to the requested proffer, and the Court is not aware of any basis for granting the request. DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/3/2022)(bw) (Entered: 03/03/2022) 03/03/2022 630 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 627 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Attorney Jeffrey S. Pagliuca dated March 2, 2022 re: Ms. Maxwells Request for adjournment of hearing on Motion for New Trial. ENDORSEMENT: The requested two-month adjournment to May is not justified and is therefore DENIED. Two of the Defendant's four attorneys are able to be present and represent the Defendant at the March 8 hearing. The Court will conduct the questioning at the hearing, and the parties have already submitted briefing and proposed questions. The public interest in a reasonably prompt hearing outweighs the Defendant's preference for an adjournment. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/3/2022)(bw) (Entered: 03/03/2022) 03/03/2022 631 ORDER as to Ghislaine Maxwell. As noted in this Court's prior order, a hearing on the Defendant's motion for a new trial is scheduled for March 8, 2022, at 10:00 a.m. Dkt. No. 610. The hearing location is hereby changed to Courtroom 110 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York.[***]... Per the S.D.N.Y. Response to COVID-19, anyone who appears at any S.D.N.Y. courthouse must complete a questionnaire on the date of the proceeding prior to entering the courthouse. Only persons who meet the entry requirements established by the questionnaire will be allowed to enter the courthouse. All visitors must wear an N95, KN95, or KF94 mask at all times. Surgical masks, cloth masks, bandannas, gaiters, and masks with valves are not permitted. If a person does not have an approved mask, a screener will provide one. 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. For more information, please see https://www.nysd.uscourts.gov/covid-19-coronavirus. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/3/2022)(bw) (Entered: 03/03/2022) 03/07/2022 632 MOTION Application under 18 U.S.C. §§ 6002 and 6003 . Document filed by USA as to Ghislaine Maxwell. (Pomerantz, Lara) (Entered: 03/07/2022) 03/08/2022 Minute Entry for proceedings held before Judge Alison J. Nathan:Motion Hearing as to Ghislaine Maxwell held on 3/8/2022. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim and Christian Everdell, AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Juror 50 present with retained counsel Todd Spodek. Court Reporters Mike McDaniel and Kelly Surina. See transcript. Defendant remains remanded. (jw) (Entered: 03/09/2022) 03/09/2022 633 SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/09/2022) 03/09/2022 634 SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/09/2022) 03/09/2022 637 ORDER as to Ghislaine Maxwell... ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, ----- give testimony at said hearing; and IT IS FURTHER ORDERED that, pursuant to Title 18, United States Code, Sections 6002 and 6003, no testimony or other information compelled under this Order, or any information directly or indirectly derived from such testimony or other information, may be used against ----- in any criminal case, except a prosecution for perjury, giving a false statement, or otherwise failing to comply with this Order. This Order shall become effective only if after the date of this Order ----- ----- refuses to testify on the basis of his privilege against self-incrimination. (Signed by Judge Alison J. Nathan on 3/8/22)(jbo) (Entered: 03/09/2022) 03/09/2022 638 HEARING EXHIBIT 1 as to Ghislaine Maxwell. (jbo) (Entered: 03/09/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 95/113 DOJ-OGR-00020717

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page100 of 208 A-96 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 03/09/2022 639 ORDER as to Ghislaine Maxwell. As indicated at yesterday's hearing, the Court has docketed the unredacted copy of the Court's February 24, 2022, Opinion & Order, the Government's proposed questions, the Defendant's proposed questions with limited redactions, the signed immunity order with limited redactions and Hearing Exhibit 1. The limited redactions to the signed immunity order and the Defendants proposed questions are narrowly tailored to further the interest of protecting juror anonymity. The Court will file the unredacted documents under seal. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/9/22)(jbo) (Entered: 03/09/2022) 03/10/2022 640 ORDER as to Ghislaine Maxwell. Per the Court's instruction at the March 8 hearing, the parties submitted revised redactions to their briefing on the Defendants motion for a new trial. The Court rejects the Defendant's proposed redaction to page 8, lines 6-7 of her reply because it is not necessary to protect any continuing interest in juror anonymity and privacy. See Dkt. No. 607. The Court concludes that the remaining proposed redactions are narrowly tailored to further the important interest of protecting juror anonymity and privacy. Press-Enter. Co. v. Superior Ct. of Cal., Riverside Cnty., 464 U.S. 501, 511-12 (1984). The parties are ORDERED to file the redacted briefs (with the above noted line unredacted) on the docket on or before March 11, 2022. The Court will file the unredacted briefs under seal. (Signed by Judge Alison J. Nathan on 3/10/2022)(jw) 03/10/2022 641 SEALED DOCUMENT placed in vault. (nmo) (Entered: 03/10/2022) 03/11/2022 642 MOTION for New Trial . Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, Exhibit 3)(Pagliuca, Jeffrey); Modified on 6/29/2022 (bw). (Entered: 03/11/2022) 03/11/2022 643 MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 642 MOTION for New Trial . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Pomerantz, Lara) (Entered: 03/11/2022) 03/11/2022 644 REPLY TO RESPONSE to Motion by Ghislaine Maxwell re 642 MOTION for New Trial .. (Attachments: # 1 Exhibit 3 (1 of 3), # 2 Exhibit 3 (2 of 3), # 3 Exhibit 3 (3of 3)) (Pagliuca, Jeffrey) (Entered: 03/11/2022) 03/11/2022 645 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Conference held on 3/8/22 before Judge Alison J. Nathan. Court Reporter/Transcriber: Michael McDaniel, (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 4/1/2022. Release of Transcript Restriction set for 6/9/2022. (Moya, Goretti) (Entered: 03/11/2022) 03/11/2022 646 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Conference proceeding held on 3/8/22 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.... (Moya, Goretti) (Entered: 03/11/2022) 03/11/2022 647 REPLY MEMORANDUM OF LAW in Support as to Ghislaine Maxwell re: 599 MOTION for New Trial to Obtain Relief Requested in Memorandum in Support of Post-Trial Motions . . (Everdell, Christian) (Entered: 03/11/2022) 03/15/2022 648 MEMORANDUM in Opposition by USA as to Ghislaine Maxwell re 642 MOTION for New Trial .. (Pomerantz, Lara) (Entered: 03/15/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 96/113 DOJ-OGR-00020718

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Case 22-1426, Document 57 02/28/2023, 3475900, Page101 of 208 A-97 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 | Date Filed | Document Number | Description | | --- | --- | --- | | 03/15/2022 | 649 | MEMORANDUM in Support by Ghislaine Maxwell re 642 MOTION for New Trial .. (Sternheim, Bobbi) (Entered: 03/15/2022) | | 04/01/2022 | 650 | LETTER MOTION addressed to Judge Alison J. Nathan from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 1, 2022 re: Speedy Trial Act . Document filed by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 04/01/2022) | | 04/01/2022 | 651 | MOTION to Stay re: 649 Memorandum in Support of Motion, 642 MOTION for New Trial ., 644 Reply to Response to Motion . Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 04/01/2022) | | 04/01/2022 | 652 | LETTER by USA as to Ghislaine Maxwell addressed to Judge Vernon S. Broderick from Alison Moe, Maurene Comey, Lara Pomerantz, and Andrew Rohrbach dated April 1, 2022 re: opposition to defendant's April 1, 2022 letter. Document filed by USA. (Moe, Alison) (Entered: 04/01/2022) | | 04/01/2022 | | ***DELETED DOCUMENT. Deleted docket entry, no document number. NOTICE OF CASE REASSIGNMENT, as to Ghislaine Maxwell. The document was incorrectly filed in this case. (bw) (Entered: 04/01/2022) | | 04/01/2022 | | REMARK as to USA v. Ghislaine Maxwell. Case reassigned to Judge Broderick due to an administrative error. Case returned to Judge Nathan. (bw) (Entered: 04/01/2022) | | 04/01/2022 | 653 | OPINION & ORDER as to Ghislaine Maxwell. The Court concludes that Juror 50 testified credibly and truthfully at the post-trial hearing. His failure to disclose his prior sexual abuse during the jury selection process was highly unfortunate, but not deliberate. The Court further concludes that Juror 50 harbored no bias toward the Defendant and could serve as a fair and impartial juror. The requirements for a new trial under McDonough are not satisfied. The Defendant's motion for a new trial pursuant to Rule 33 is therefore DENIED. The Court orders the preparation of the presentence investigation report. With respect to Counts 7 and 8, the Court hereby excludes time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A), from today's date through April 22, 2022. The Court finds that the ends of justice served by granting this exclusion from speedy trial computations outweigh the interests of the public and the Defendant in a speedy trial on these counts because the pending post-trial motions affect the scheduling considerations set forth in the Government's January 10, 2022 letter. See Dkt. No. 574. The Defendant consents to this exclusion. Dkt. No. 650. The Court will rule on the Defendant's remaining post-verdict motions in due course. Sentencing remains scheduled for June 28, 2022. This resolves docket numbers 613, 614, 642, 650, and 651. (Signed by Judge Alison J. Nathan on 4/1/2022) (See ORDER set forth) (ap) (Entered: 04/01/2022) | | 04/04/2022 | 654 | SEALED DOCUMENT placed in vault. (nmo) (Entered: 04/04/2022) | | 04/25/2022 | 655 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated April 25, 2022 re: Advance PSR Deadline . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 04/25/2022) | | 04/26/2022 | 656 | ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's letter regarding the deadline for the disclosure of the Presentence Investigation Report. Dkt. No. 655. After conferring with the Probation Office, the Court determines that advancing the PSR disclosure schedule will aid the parties in preparing their sentencing submissions. Further the Court hereby adjusts its standard sentencing submission schedule to ensure sufficient time to prepare for sentencing. Accordingly, the Court ORDERS the following schedule for sentencing: May 24, 2022 - First PSR disclosure; May 31, 2022 - Defendant objections due; June 6, 2022 - Government response due; June 9, 2022 - Second PSR disclosure; June 15, 2022 - Defendant sentencing submission due; | https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 97/113 DOJ-OGR-00020719

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Case 22-1426, Document 57 02/28/2023, 3475900, Page102 of 208 A-98 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 June 22, 2022 - Government sentencing submission due; June 28, 2022 - Sentencing. This resolves Dkt. No. 655. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/26/2022) (bw) (Entered: 04/26/2022) 04/29/2022 | 657 | OPINION & ORDER as to Ghislaine Maxwell....[*** See this Opinion & Order ***]...V. Conclusion. For the foregoing reasons, the Court denies the Defendant's Rule 29 motion because the jury's guilty verdicts were supported by the witness testimony and documentary evidence presented at trial. The Court denies the Defendant's motion based on constructive amendment or variance because the Government's evidence at trial, and summation all captured the core of criminality charged in the Indictment, and the Defendant was not prejudiced by any alleged variance. Further, because the Government neither intentionally delayed its prosecution nor was the Defendant prejudiced by any delay, the Court also denies the Defendant's motion based on pre-indictment delay. Finally, the Court grants the Defendant's motion as to multiplicity. The Government concedes that Count One is multiplicitous with Count Three, and the Court further concludes that Count Five is multiplicitous with Count Three. Count Five, like Counts One and Three, charged the Defendant's participation in the same decade-long unlawful agreement with the Defendant's continuous coconspirator, Jeffrey Epstein, to groom and sexually abuse underage girls. Accordingly, the Court will enter judgment of conviction on Counts Three, Four, and Six. The Defendant's sentencing date remains scheduled for June 28, 2022. The Court previously set a schedule for sentencing submissions that remains in effect. Dkt. No. 656. This resolves Dkt. No. 599. SO ORDERED. (Signed by Judge Alison J. Nathan on 4/29/2022)(bw) (Entered: 04/29/2022) 05/10/2022 | 658 | LETTER MOTION addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 05/10/2022 re: 2-day extension to file sentencing submission . Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 05/10/2022) 05/11/2022 | 659 | MEMO ENDORSEMENT 658 LETTER MOTION addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 05/10/2022 re: 2-day extension to file sentencing submission...ENDORSEMENT..The request is DENIED. SO ORDERED (Signed by Judge Alison J. Nathan on 5/11/2022) (jw) (Entered: 05/11/2022) 05/11/2022 | 660 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated May 11, 2022 re: Speedy Trial Exclusion . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 05/11/2022) 05/11/2022 | 661 | MEMO ENDORSEMENT as to Ghislaine Maxwell (1) on 660 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated May 11, 2022 re: Speedy Trial Exclusion. ENDORSEMENT: SO ORDERED. (Signed by Alison J. Nathan, U.S. Circuit Judge Sitting by designation on 5/11/2022) (ap) (Entered: 05/11/2022) 06/15/2022 | 662 | MEMORANDUM OF LAW in Support by Ghislaine Maxwell Memorandum of Ghislaine Maxwell in Support of Her Objections to the Presentence Investigation Report. (Everdell, Christian) (Entered: 06/15/2022) 06/15/2022 | 663 | SENTENCING SUBMISSION by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 06/15/2022) 06/17/2022 | 664 | ORDER as to Ghislaine Maxwell: As noted in this Court's prior order, sentencing in this matter is scheduled for June 28, 2022, at 11:00 a.m. Dkt. No. 577. The sentencing proceeding will take place in Courtroom 318 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Substantial seating for members of the press and public will be available in Courtroom 318. Overflow courtrooms will be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 98/113 DOJ-OGR-00020720

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Case 22-1426, Document 57 02/28/2023, 3475900, Page103 of 208 A-99 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 available if needed. The overflow rooms will have live video and audio feeds of the proceeding. The use of any electronic devices in Courtroom 318 or the overflow courtrooms is prohibited. The District Executive's Office will coordinate seating in Courtroom 318 and the overflow courtrooms. The Court will ensure access for any victims. Victim access will be coordinated between the Victim Witness Unit and the District Executives Office. Defense counsel may coordinate access for members of the Defendant's family with the District Executive's Office. Wendy Olson, Coordinator, Victim Witness Unit, United States Attorney's Office, (212) 637-1028, Wendy.Olson@usdoj.gov; Joseph Pecorino, District Executive's Office, United States District Court, Southern District of New York, (212) 805-0513, Joseph_Pecorino@nysd.uscourts.gov. For information on Courthouse entry protocols, please see https://www.nysd.uscourts.gov/covid-19-coronavirus. (Signed by Judge Alison J. Nathan on 6/17/2022) (ap) (Entered: 06/17/2022) 06/21/2022 665 ORDER as to Ghislaine Maxwell: The Court is in receipt of a letter submitted by an attorney for two individuals seeking to speak as victims at sentencing. The Defendant submitted a letter in response. No party requested redactions or sealing of the letters. The Court will docket the letters. Any victim seeking to make a statement at sentencing shall contact the Victim Witness Unit of the United States Attorneys Office: Wendy Olson, Coordinator Victim Witness Unit United States Attorneys Office, (212) 637-1028, Wendy.Olson@usdoj.gov. A victim seeking to make a statement must submit a written statement by email to the Victim Witness Unit by noon on Thursday, June 23, 2022. In addition to submitting the written statement, the submission must note whether the victim seeks to make an oral statement at sentencing and provide a basis for entitlement to make a statement under the Crime Victims Rights Act, 18 U.S.C. § 3771. Statements that do not conform to this process will not be permitted. The Government is ORDERED to inform the Defendant of any anticipated victim impact statements by 2:00 p.m. on Thursday, June 23, 2022. If either party objects to any statement, the objection and statement being objected to must be filed with the Court by 2:00 p.m. on Friday, June 24, 2022. Any statements to which the parties do not object must be submitted to the Court by 5:00 p.m. on that same date. The Government is FURTHER ORDERED to confirm with the Court by noon tomorrow, June 22, 2022, that victims have been notified of the rights described in the CVRA, consistent with 18 U.S.C. § 3771(c)(1). (Signed by Judge Alison J. Nathan on 6/21/2022) (ap) (Entered: 06/21/2022) 06/21/2022 666 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan, from Robert Y. Lewis dated 6/14/2022 re: Victims' counsel writes a letter regarding sentencing. (ap) (Entered: 06/21/2022) 06/21/2022 667 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan, from Bobbi C. Sternheim dated 6/17/2022 re: Defense counsel writes regarding sealing of certain documents. (ap) (Entered: 06/21/2022) 06/21/2022 668 ORDER as to Ghislaine Maxwell: This order corrects the contact information for Wendy Olsen contained in the Court's original order, Dkt. No. 665. The Court is in receipt of a letter submitted by an attorney for two individuals seeking to speak as victims at sentencing. The Defendant submitted a letter in response. No party requested redactions or sealing of the letters. The Court will docket the letters. Any victim seeking to make a statement at sentencing shall contact the Victim Witness Unit of the United States Attorney's Office: Wendy Olsen, Coordinator Victim Witness Unit United States Attorney's Office, (212) 637-1028, Wendy.Olsen@usdoj.gov. A victim seeking to make a statement must submit a written statement by email to the Victim Witness Unit by noon on Thursday, June 23, 2022. In addition to submitting the written statement, the submission must note whether the victim seeks to make an oral statement at sentencing and provide a basis for entitlement to make a statement under the Crime Victims' Rights Act, 18 U.S.C. § 3771. Statements that do not conform to this process will not be https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 99/113 DOJ-OGR-00020721

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page104 of 208 A-100 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 permitted. The Government is ORDERED to inform the Defendant of any anticipated victim impact statements by 2:00 p.m. on Thursday, June 23, 2022. If either party objects to any statement, the objection and statement being objected to must be filed with the Court by 2:00 p.m. on Friday, June 24, 2022. Any statements to which the parties do not object must be submitted to the Court by 5:00 p.m. on that same date. The Government is FURTHER ORDERED to confirm with the Court by noon tomorrow, June 22, 2022, that victims have been notified of the rights described in the CVRA, consistent with 18 U.S.C. § 3771(c)(1). (Signed by Judge Alison J. Nathan on 6/21/20221) (ap) (Entered: 06/21/2022) 06/22/2022 669 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 June 22, 2022 re: CVRA Notice Document filed by USA. (Comey, Maurene) (Entered: 06/22/2022) 06/22/2022 670 SENTENCING SUBMISSION by USA as to Ghislaine Maxwell. (Moe, Alison) (Entered: 06/22/2022) 06/24/2022 671 ORDER as to Ghislaine Maxwell: The Government is ORDERED to provide its position on the proposed victim impact statements and the Defendant's objections and redaction requests by 5:00 p.m. today, June 24, 2022. The Government's letter should be docketed with any proposed redactions. Defense counsel is ORDERED to docket its letter regarding proposed victim impact statements and accompanying exhibits with any proposed redactions by 5:00 p.m. today, June 24, 2022. (Signed by Judge Alison J. Nathan on 6/24/2022) (ap) (Entered: 06/24/2022) 06/24/2022 672 LETTER MOTION addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 06/24/2022 re: 668 Order, 671 Order, 665 Order, re: Challenge to standing under CVRA. Document filed by Ghislaine Maxwell. (Sternheim, Bobbi) (Entered: 06/24/2022) 06/24/2022 673 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 June 24, 2022 re: CVRA submissions Document filed by USA. (Rohrbach, Andrew) (Entered: 06/24/2022) 06/24/2022 674 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Lara Pomerantz, Alison Moe, and Andrew Rohrbach dated June 24, 2022 re: Victim Impact Statements Document filed by USA. (Comey, Maurene) (Entered: 06/24/2022) 06/24/2022 682 ORDER as to Ghislaine Maxwell. The Crime Victims' Rights Act (CVRA) "guarantees to the victims of federal crimes an array of substantive and participatory rights, including the rights to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding, to confer with the attorney for the Government in the case, and to receive full and timely restitution as provided in law." United States v. Murillo-Bejerano (In re Rendon Galvis), 564 F.3d 170, 174 (2d Cir. 2009) (per curiam) (cleaned up). "In any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded th[ose] rights." 18 U.S.C. § 3771(b)(1). In accordance with the procedure required by this Court's prior order, Dkt. No. 671, the Government has provided statements from seven individuals asserting they are crime victims under the CVRA. As explained below, the Court will permit all seven individuals to provide statements and the Defendant's request for redactions is denied...[*** See this Order ***]... In sum, all seven written statements received by the Court are deemed part of the record. The Court will consider them only for what they permissibly may be considered. The Government shall promptly docket the written statements without redactions. Annie Farmer, Kate, and Virginia Giuffre may

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page105 of 208 A-101 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 present an in-person statement at sentencing if they wish to do so. The Government shall provide copies of this Order to counsel for the seven individuals who submitted statements by no later than today, June 24, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/24/22, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/27/2022) 06/25/2022 675 NOTICE of Motion to be Heard at Sentencing as to Ghislaine Maxwell re: 668 Order,,,,,,,. (Attachments: # 1 Affidavit Declaration of RYL ISO Motion, # 2 Exhibit Victim Impact Statement of Sarah Ransome, # 3 Exhibit Victim Impact Statement of Elizabeth Stein)(Marsh, James) (Entered: 06/25/2022) 06/25/2022 676 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 06/25/2022 re: Opposition to Dkt 675 (Sternheim, Bobbi) (Entered: 06/25/2022) 06/25/2022 677 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Bobbi C Sternheim dated 06/25/2022 re: Notice of Possible Request for Adjournment of Sentencing (Sternheim, Bobbi) (Entered: 06/25/2022) 06/25/2022 683 ORDER as to Ghislaine Maxwell. The parties are ORDERED to submit their positions on Ms. Ransome and Ms. Stein's motion, Dkt. No. 675, which the Court received for the first time today, by 10:00 a.m. tomorrow, June 26, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/25/2022, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/27/2022) 06/25/2022 685 ORDER as to Ghislaine Maxwell. Immediately upon receipt of the Defendant's letter, Dkt. No. 677, the Court directly contacted the Warden for MDC. He informed the Court that after meeting with defense counsel today, the Defendant was permitted to retain legal documents and a writing implement, to which she has had continuous access. Further, the Warden represented to the Court that first thing tomorrow morning (Sunday, June 26) he will confirm that the Defendant has access to requested legal materials to prepare for sentencing. The Government is ORDERED to confer with the Warden for MDC or MDC Legal Counsel as follow-up to the Court's conversation and to provide an update to the Court by 2:00 p.m. tomorrow, June 26, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/25/2022, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/27/2022) 06/26/2022 678 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan re: CVRA. Document filed by USA. (Moe, Alison) (Entered: 06/26/2022) 06/26/2022 679 LETTER by USA as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Lara Pomerantz, Alison Moe, and Andrew Rohrbach dated June 26, 2022 re: Update from MDC Document filed by USA. (Comey, Maurene) (Entered: 06/26/2022) 06/26/2022 680 Sentencing Letter by Ghislaine Maxwell addressed to Honorable Alison J. Nathan from Bobbi C Sternheim dated 06/26/2022 re: Supplemental Exhibit to Dkt. 663. (Sternheim, Bobbi) (Entered: 06/26/2022) 06/26/2022 681 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 June 26, 2022 re: Kate Motion Document filed by USA. (Attachments: # 1 Exhibit Kate Motion)(Pomerantz, Lara) (Entered: 06/26/2022) 06/26/2022 684 ORDER as to Ghislaine Maxwell. The Defendant's letter in response to the Court's order regarding the CVRA references a motion by Kate's attorney that accompanied her impact statement. Dkt. No. 672 at 2 n.1. The Court is not in receipt of this motion. The Government is ORDERED to docket the motion referenced by the Defendant as soon as https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 101/113 DOJ-OGR-00020723

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page106 of 208 A-102 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 possible but no later than midnight tonight, June 26, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/26/2022, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/27/2022) 06/27/2022 686 ORDER as to Ghislaine Maxwell. The Court has now received and docketed the full set of submissions related to victim impact statements that were filed in accordance with this Court's prior order. Dkt. No. 668. The Court received statements from Annie Farmer, Kate, Virginia Giuffre, Maria Farmer, Sarah Ransome, Teresa Helm, Juliette Bryant, and Elizabeth Stein. As indicated in its prior order, the Court will exercise its discretion to permit all of these individuals to be heard in writing. Dkt. No. 682. The Court also denied the Defendants redaction requests. Id. All unredacted statements are now part of the record. Dkt. Nos. 674, 675-1. Also as previously indicated in its order, the Court will permit Annie Farmer, Kate, and Virginia Giuffre to make an oral statement at sentencing if they wish to do so. Dkt. No. 682. Further, having now reviewed the full set of requests, and having heard from the Government that it does not object, Dkt. No. 678, the Court deems it feasible to exercise its discretion to permit the remaining individuals who seek to themselves make an oral statement at sentencing to do so. They are: Teresa Helm, Sarah Ransome, and Elizabeth Stein. In order to feasibly accomplish this in light of the anticipated length of the sentencing proceeding, while ensuring fairness and avoiding delay of sentencing, each individual speaking orally may read a shortened version of their previously submitted written statement. The Court deems counsel for the individuals to be responsible for ensuring that anticipated statements conform to this requirement. The Government shall promptly provide copies of this order to counsel for the eight individuals who submitted statements. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/27/2022, United States Circuit Judge, sitting by designation)(bw) (Entered: 06/27/2022) 06/27/2022 687 ENDORSED LETTER as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Sigrid S. McCawley dated June 27, 2022 re: I am in receipt of the Court's Order, Dkt. No. 686. As explained in our submission, due to a medical issue, Ms. Giuffre is not able to be present physically in the courtroom, but has asked that I be able to read her statement at the hearing. I seek clarification of Your Honor's Order that I will be allowed to read a portion of Ms. Giuffre's statement at the hearing. ENDORSEMENT: The Court anticipates permitting counsel for CVRA victim Virginia Giuffre to read a shortened version of Ms. Giuffre's previously submitted written statement. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/27/2022, U.S. Circuit Judge, Sitting by designation)(bw) (Entered: 06/28/2022) 06/28/2022 Minute Entry for proceedings held before Judge Alison J. Nathan: Sentencing held on 6/28/2022 for Ghislaine Maxwell (1) Count 1ss,3ss,4ss,5ss,6ss. Defendant Ghislaine Maxwell present with attorney Bobbi Sternheim and Christian Everdell. AUSA Lara Pomerantz, Maurene Comey, Alison Moe and Andrew Rohrbach for the government. Court Reporters Alena Lynch and Kristen Carannante. See transcript. (jw) Modified on 6/29/2022 (jw). (Entered: 06/29/2022) 06/29/2022 688 MEMO ENDORSEMENT as to Ghislaine Maxwell on re: 583 LETTER filed by Ghislaine Maxwell addressed to Judge Alison J. Nathan from David E. McCraw dated 1/24/2022 re: Letter by the NY Times Company. ENDORSEMENT: The motion to unseal the questionnaires of the twelve seated jurors is GRANTED. The motion to unseal the Defendant's motion for a new trial is moot as the Defendant's motion for a new trial is docketed at Dkt. No. 613. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/29/2022)(bw) (Entered: 06/29/2022) 06/29/2022 689 ORDER as to Ghislaine Maxwell. As a post-trial house-keeping matter, the Court has determined that a few miscellaneous court orders failed to be docketed during trial: - November 19, 2021 Memorandum Opinion & Order re Witness-3 (Kate); - November 22, 2021 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896-L_1_0-1 102/113 DOJ-OGR-00020724

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page107 of 208 A-103 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 2021 Memorandum Opinion & Order re Expert Witness Gershman; - November 22, 2021 Memorandum Opinion & Order re Expert Witness Hall; - November 30, 2021 Scheduling Order re Pseudonym Conferall; - December 15, 2021 Order re Response Schedule. The Court is now docketing those items. In order to ensure a complete docket, the parties are ORDERED to confer and determine whether any letters or briefing submitted to the Court without a redaction or sealing request remain to be docketed. The Court has determined, for example, that the parties failed to file on the docket their December 15 letter briefing and December 16 joint letter regarding witness prior inconsistent statements. Any outstanding items, including any proposed redactions, must be filed on ECF by July 12, 2022. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/29/2022, United States Circuit Judge, Sitting by Designation)(bw) (Entered: 06/29/2022) 06/29/2022 695 SEALED DOCUMENT placed in vault. (jus) (Entered: 06/29/2022) 06/29/2022 696 JUDGMENT In A Criminal Case (S2 20-Cr-330). Date of Imposition of Judgment: 6/29/2022. Defendant Ghislaine Maxwell (1) was found guilty on Count(s) 1ss, 3ss, 4ss, 5ss, 6ss (judgment not entered on 1 & 5 as multiplicitous, Dkt. No. 657), after a plea of not guilty. The defendant has been found not guilty on Count(s) 2ss. Count(s) 7ss-8ss, and underlying indictments are dismissed on the motion of the United States. IMPRISONMENT: The Defendant is sentenced to a term of 240 Months. Count 3 a sentence of 60 Months. Count 4 a sentence of 120 Months. Count 6 a sentence of 240 Months. All Counts to run concurrently. - Defendant was notified of her right to Appeal. - The court makes the following recommendations to the Bureau of Prisons: Defendant to be considered for designation to FCI Danbury. Defendant to be considered for enrollment in FIT program. SUPERVISED RELEASE: 3 Years on Counts 3 and 4. 5 Years on Count 6 to run concurrently. Standard Conditions of Supervision (See page 5 of Judgment). Special Conditions of Supervision (See page 6 of Judgment). ASSESSMENT: $300.00, due immediately. FINE: $750,000.00. Schedule of Payments (See page 8 of Judgment). (Signed by Judge Alison J. Nathan on 6/29/2022)(bw) (Entered: 06/29/2022) 06/29/2022 DISMISSAL OF COUNTS on Government Motion as to Ghislaine Maxwell (1) Count 1s,1,2s,2,3s,3,4s,4,5s,5-6s,6-7ss-8ss. (bw) (Entered: 06/29/2022) 07/07/2022 697 NOTICE OF APPEAL by Ghislaine Maxwell from 696 Judgment. Filing fee $ 505.00, receipt number 2280. (nd) (Entered: 07/07/2022) 07/07/2022 Transmission of Notice of Appeal and Certified Copy of Docket Sheet as to Ghislaine Maxwell to US Court of Appeals re: 697 Notice of Appeal - Final Judgment. (nd) (Entered: 07/07/2022) 07/07/2022 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files as to Ghislaine Maxwell re: 697 Notice of Appeal were transmitted to the U.S. Court of Appeals. (nd) (Entered: 07/07/2022) 07/08/2022 USCA Case Number 22-1426 from the U.S. Court of Appeals, 2nd Circ. as to Ghislaine Maxwell, assigned to 697 Notice of Appeal filed by Ghislaine Maxwell. (nd) (Entered: 07/08/2022) 07/12/2022 698 LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated July 12, 2022 re: Redact filings . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 07/12/2022) 07/12/2022 699 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Laura A. Menninger dated March 9, 2021 re: Redactions in Government Response (Menninger, Laura) (Entered: 07/12/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 103/113 DOJ-OGR-00020725

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 108 of 208 A-104 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Date Filed: 07/12/2022 | Docket # | Document Description | | --- | --- | | 700 | 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 December 1, 2021 re: GX 52 and GX 606 Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) | | 701 | 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 December 7, 2021 re: Testimony of Stephen Flatley Document filed by USA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 07/12/2022) | | 702 | LETTER MOTION addressed to Judge Alison J. Nathan from Laura A. Menninger dated December 17, 2021 re: arrest warrant for Kelly Bovino . Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1-Subpoena, # 2 Exhibit 2-Return of Service, # 3 Exhibit 3-Menninger Affidavit, # 4 Text of Proposed Order Proposed Order)(Menninger, Laura) (Entered: 07/12/2022) | | 703 | 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 December 12, 2021 re: Defense Rule 16 Document filed by USA. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Rohrbach, Andrew) (Entered: 07/12/2022) | | 704 | 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 December 14, 2021 re: Defense pseudonym motion Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) | | 705 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated May 12, 2021 re: Response to subpoena (Pagliuca, Jeffrey) (Entered: 07/12/2022) | | 706 | LETTER MOTION addressed to Judge Alison J. Nathan from AUSAs Maurene Comey, Alison Moe, Lara Pomerantz, and Andrew Rohrbach dated December 15, 2021 re: Preclude defense witnesses . Document filed by USA as to Ghislaine Maxwell. (Rohrbach, Andrew) (Entered: 07/12/2022) | | 707 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated October 14, 2021 re: Deadline for Filing Motion under FRE 412 (Pagliuca, Jeffrey) (Entered: 07/12/2022) | | 708 | 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 December 15, 2021 re: Prior Inconsistent Statements Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) | | 709 | LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 15, 2021 re: Response to Government's Letter of November 12, 2021 (Pagliuca, Jeffrey) (Entered: 07/12/2022) | | 710 | JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated November 19, 2021 re: Video Monitors (Everdell, Christian) (Entered: 07/12/2022) | | 711 | JOINT 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 December 16, 2021 re: Prior inconsistent statements Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) | https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 104/113 DOJ-OGR-00020726

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page109 of 208 A-105 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 07/12/2022 713 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 December 17, 2021 re: Opposition to motion to compel Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) 07/12/2022 714 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 November 21, 2021 re: Proposed limiting instruction Document filed by USA. (Rohrbach, Andrew) (Entered: 07/12/2022) 07/12/2022 715 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 6, 2021 re: Response to Government's Expert Disclosure of Stephen Flatley (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 716 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated November 22, 2021 re: Proposed Limiting Instructions (Everdell, Christian) (Entered: 07/12/2022) 07/12/2022 717 LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 12, 2021 re: Defense Witness Anonymity . Document filed by Ghislaine Maxwell. (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 718 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 5, 2021 re: Witness-3 Limiting Instruction (Everdell, Christian) (Entered: 07/12/2022) 07/12/2022 719 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 13, 2021 re: Response to Motion to Preclude R16 Exhibit (Attachments: # 1 Exhibit 1-Under Seal)(Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 720 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated December 14, 2021 re: Proposed Witness Order (Everdell, Christian) (Entered: 07/12/2022) 07/12/2022 721 LETTER MOTION addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 14, 2021 re: Request re FRE 608 and 403 . Document filed by Ghislaine Maxwell. (Attachments: # 1 Exhibit 1-Under Seal, # 2 Exhibit 2-Under Seal)(Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 722 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 15, 2021 re: Inconsistent Statements (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 723 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 16, 2021 re: Response to Motion to Preclude Testimony (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 724 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated December 16, 2021 re: Reply re Inconsistent Statements (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 725 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 28, 2021 re: Under Seal (Pagliuca, Jeffrey) (Entered: 07/12/2022) 07/12/2022 ***DELETED DOCUMENT. Deleted document number 712 SEALED DOCUMENT, as to Ghislaine Maxwell. The document was incorrectly filed in this case. (ap) (Entered: 07/13/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 105/113 DOJ-OGR-00020727

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page110 of 208 A-106 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 07/13/2022 726 ORDER as to Ghislaine Maxwell: The Court is in receipt of the parties' proposed redactions to motions that were not previously docketed. See Dkt. No. 698. With one exception, the Court concludes that the proposed redactions are narrowly tailored to protect information subject to Fed. R. Evid. 412 and the privacy interests of witnesses, including individuals subject to the Court's pseudonym order, and individuals who were anticipated to be called as witnesses at trial, but were not ultimately called. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Court will file unredacted copies of all items under seal. The Court concludes, however, that the proposed redactions to Dkt. No. 725 are not narrowly tailored. The private information of victim-witnesses who are discussed in the letter may be protected by narrow redactions. However, there is no basis to redact the letter's general request to identify the proper scope of cross-examination. Accordingly, the Defendant is ORDERED to confer with the Government and docket proposed revised redactions on or before 12:00 p.m. on Friday, July 15, 2022. The letter at Dkt. No. 725 was filed under temporary seal at Dkt. No. 712. Because the Court concludes that sealing in not justified, the Clerk of Court is respectfully directed to strike the entry at Dkt. No. 712 from the docket. The Court's Chambers also received an email from Defense counsel inquiring whether to docket three joint letters regarding jury strikes that were previously filed with the Court, but not docketed. Because docketing the letters would not undermine the important interest of protecting juror anonymity and privacy, the parties are ORDERED to docket the three letters on or before 12:00 p.m. on Friday, July 15, 2022. Finally, to ensure a complete record, the Court has identified four additional documents that have not previously been docketed nor subject to a sealing request: November 19, 2021 Administrator Feldman's Motion to Quash Defendant's Rule 17(c)(3) subpoena, with exhibits November 22, 2021 Defendant's Response to Motions to Quash Defendant's Rule 17(c)(3) subpoena December 6, 2021 Jane's Opposition to Defendant's Motion to Call Counsel to Testify December 15, 2021 Jane's Opposition to Defendant's December 13, 2021 Motion to Call Counsel to Testify The parties are ORDERED to confer with each other and counsel for the relevant movants and indicate on or before 12:00 p.m. on Friday, July 15, 2022, whether there are requests to seal or redact the outstanding documents. Any documents not subject to a sealing request must be docketed on ECF by that same date. Any proposed redactions must be justified by reference to the three-part test articulated by the Second Circuit in Lugosch v. Pyramid Co. of Onondaga. This resolves Dkt. No. 698. (Signed by Judge Alison J. Nathan on 7/13/2022) (ap) Modified on 7/14/2022 (ap). (Entered: 07/13/2022) 07/14/2022 727 JOINT LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Christian R. Everdell dated 11/14/21 re: Proposed Juror Strikes (Everdell, Christian) (Entered: 07/14/2022) 07/14/2022 728 SEALED DOCUMENT placed in vault. (jus) (Entered: 07/14/2022) 07/14/2022 729 JOINT 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 November 7, 2021 re: Jury questionnaires Document filed by USA. (Rohrbach, Andrew) (Entered: 07/14/2022) 07/14/2022 730 JOINT 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 November 13, 2021 re: Juror questionnaires Document filed by USA. (Rohrbach, Andrew) (Entered: 07/14/2022) 07/14/2022 731 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 July 14, 2022 re: Filings from Jane Document filed by USA. (Attachments: # 1 Exhibit https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?211087015221896_L_1_0-1 106/113 DOJ-OGR-00020728

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page111 of 208 A-107 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 December 6, 2021 letter, # 2 Exhibit December 15, 2021 letter)(Rohrbach, Andrew)(Entered: 07/14/2022) 07/14/2022 732 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 22, 2021 re: Response to Motions to Quash (Pagliuca, Jeffrey)(Entered: 07/14/2022) 07/14/2022 733 LETTER by Ghislaine Maxwell addressed to Judge Alison J. Nathan from Jeffrey S. Pagliuca dated November 28, 2021 re: Response to Government's Letter of November 27, 2021 (Pagliuca, Jeffrey) (Entered: 07/14/2022) 07/15/2022 734 LETTER by Jordana H. Feldman as to Ghislaine Maxwell addressed to Judge Alison J. Nathan from Patrick J. Smith dated 11/19/2021 re: Motion to Quash Defendants Rule 17(e)(3) Subpoena Document filed by Jordana H. Feldman. (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)(Smith, Patrick) (Entered: 07/15/2022) 07/15/2022 735 ORDER as to Ghislaine Maxwell. The Court is in receipt of the Government's revised proposed redactions to Dkt. No. 725 and proposed redactions to Defendant's November 22, 2021 Response to Motions to Quash. See Dkt. Nos. 732, 733. The Court concludes that the proposed redactions are narrowly tailored to protect the identities and privacy interests of victim-witnesses who were subject to the Courts anonymity order. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The Court will file unredacted copies under seal (Signed by Judge Alison J. Nathan on 7/15/2022)(jw)(Entered: 07/15/2022) 07/15/2022 736 SEALED DOCUMENT placed in vault. (nmo) (Entered: 07/15/2022) 07/22/2022 737 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Sentence held on 6/28/2022 before Judge Alison J. Nathan. Court Reporter/Transcriber: Alena Lynch, (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 8/12/2022. Redacted Transcript Deadline set for 8/22/2022. Release of Transcript Restriction set for 10/20/2022. (McGuirk, Kelly) (Entered: 07/22/2022) 07/22/2022 738 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/28/2022 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: 07/22/2022) 08/10/2022 739 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Hearing held on 11/23/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/12/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 740 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Hearing proceeding held on 11/29/21 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2211087015221896-L_1_0-1 107/113 DOJ-OGR-00020729

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page112 of 208 A-108 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 electronically available to the public without redaction after 90 calendar days…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 741 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 11/29/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 742 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 11/29/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 743 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 11/30/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 744 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 11/30/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 745 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/1/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 746 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/1/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 747 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/2/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 108/113 DOJ-OGR-00020730

Page 113 - DOJ-OGR-00020731

Case 22-1426, Document 57, 02/28/2023, 3475900, Page113 of 208 A-109 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 748 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/2/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 749 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/3/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 750 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/3/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 751 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/6/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 752 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/6/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 753 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/7/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 754 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/7/22 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 109/113 DOJ-OGR-00020731

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page114 of 208 A-110 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 electronically available to the public without redaction after 90 calendar days…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 755 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/8/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 756 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/8/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 757 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/9/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 758 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/9/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 759 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/10/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 760 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/10/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 | 761 | TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/16/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 110/113 DOJ-OGR-00020732

Page 115 - DOJ-OGR-00020733

Case 22-1426, Document 57, 02/28/2023, 3475900, Page115 of 208 A-111 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 762 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/16/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 763 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/17/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 764 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/17/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 765 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/18/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 766 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/18/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 767 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/20/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 768 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/20/21 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 https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 111/113 DOJ-OGR-00020733

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page116 of 208 A-112 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 electronically available to the public without redaction after 90 calendar days…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 769 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/21/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 770 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/21/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 771 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/22/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 772 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/22/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 773 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/27/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 774 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/27/21 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…. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 775 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/28/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (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 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?2110870152221896-L_1_0-1 112/113 DOJ-OGR-00020734

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page117 of 208 A-113 2/22/23, 1:25 PM SDNY CM/ECF NextGen Version 1.6 Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 776 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/28/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 777 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Trial held on 12/29/21 before Judge Alison J. Nathan. Court Reporter/Transcriber: Paula Speer, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/31/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/9/2022. (Moya, Goretti) (Entered: 08/10/2022) 08/10/2022 778 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Trial proceeding held on 12/29/21 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.... (Moya, Goretti) (Entered: 08/10/2022) 08/22/2022 779 TRANSCRIPT of Proceedings as to Ghislaine Maxwell re: Sentence held on 6/28/2022 before Judge Alison J. Nathan. Court Reporter/Transcriber: Alena Lynch, (212) 805-0300, Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2022. Redacted Transcript Deadline set for 9/22/2022. Release of Transcript Restriction set for 11/21/2022. (McGuirk, Kelly) (Entered: 08/22/2022) 08/22/2022 780 NOTICE OF FILING OF OFFICIAL TRANSCRIPT as to Ghislaine Maxwell. Notice is hereby given that an official transcript of a Sentence proceeding held on 6/28/2022 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: 08/22/2022) PACER Service Center Transaction Receipt 02/22/2023 13:25:07 PACER Login: cpnycpara16 Client Code: Description: Docket Report Search Criteria: 1:20-cr-00330-AJN Billable Pages: 30 Cost: 3.00

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 176 of 208 A-172 Exhibit B DOJ-OGR-00020794

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page177 of 208 A-173 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 1 of 15 COMPOSITE EXHIBIT A NON-PROSECUTION AGREEMENT AND ADDENDUM DOJ-OGR-00020795

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page180 of 208 A-176 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 4 of 15 Terms of the Agreement: 1. Epstein shall plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495AXXMB) charging one (1) count of solicitation of prostitution, in violation of Fl. Stat. § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of minors to engage in prostitution, in violation of Florida Statutes Section 796.03; 2. Epstein shall make a binding recommendation that the Court impose a thirty (30) month sentence to be divided as follows: (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two terms in county jail as described in Term 2(a), supra. 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the sentence agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement. 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional term(s) of probation and/or incarceration. 5. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the right to appeal his conviction and sentence, except a sentence that exceeds what is set forth in paragraph (2), supra. 6. Epstein shall provide to the U.S. Attorney's Office copies of all Page 3 of 7 DOJ-OGR-00020798

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 182 of 208 A-178 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 6 of 15 sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he earned during his period of incarceration. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to Sarah Kellen, Adriana Ross, Leslie Groff, or Nadia Marcinkova. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in abeyance unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. Page 5 of 7 DOJ-OGR-00020800

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 185 of 208 A-181 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 9 of 15 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: ____________________ By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: ____________________ Dated: 9/24/07 JEFFREY EPSTEIN GERALD LEFCOURT/ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: ____________________ LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 DOJ-OGR-00020803

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page 186 of 208 A-182 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 10 of 15 By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: __________________ By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: __________________ JEFFREY EPSTEIN Dated: __________________ GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: 9-24-08 LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN Page 7 of 7 DOJ-OGR-00020804

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page188 of 208 A-184 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 12 of 15 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: 10/30/07 By: Jeffrey H. Sloman FAUSA A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: 10/29/07 JEFFREY EPSTEIN Dated: ____________________ GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: ____________________ LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN DOJ-OGR-00020806

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page189 of 208 A-185 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 13 of 15 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: 10/30/07 Dated: Dated: 10/29/07 Dated: JEFFREY EPSTEIN GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN DOJ-OGR-00020807

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page190 of 208 A-186 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 14 of 15 By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. R. ALEXANDER ACOSTA UNITED STATES ATTORNEY Dated: 10/30/07 By: A. MARIE VILLAFANA ASSISTANT U.S. ATTORNEY Dated: ____________________ JEFFREY EPSTEIN Dated: ____________________ GERALD LEFCOURT, ESQ. COUNSEL TO JEFFREY EPSTEIN Dated: 10-29-07 LILLY ANN SANCHEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN DOJ-OGR-00020808

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page191 of 208 A-187 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 15 of 15 Dec-07-07 04:55pm From-Fovlar-White Burnett 3057609201 T-666 P.003/004 F-276 Affirmation I, Jeffrey E. Epstein do hereby re-affirm the Non-Prosecution Agreement and Addendum to same dated October 30, 2007. Jeffrey E. Epstein 12/1/09 Date DOJ-OGR-00020809

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page192 of 208 A-188 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED: 8/13/21 United States of America, -v- Ghislaine Maxwell, Defendant. 20-cr-330 (AJN) OPINION & ORDER ALISON J. NATHAN, District Judge: On April 16, 2021, the Court issued an Opinion & Order granting in part and denying in part Ghislaine Maxwell's various pretrial motions seeking to dismiss portions of the Government's (S1) superseding indictment and compel discovery. Prior to the issuance of that Opinion & Order but after the motions were fully briefed, a grand jury returned a second (S2) superseding indictment adding a sex trafficking count and sex trafficking conspiracy count. The Court did not address the new charges in the April 16, 2021 Opinion & Order. On May 25, 2021, Maxwell filed another round of pretrial motions seeking to dismiss the S2 indictment in whole or in part and to compel discovery. Dkt. No. 292, 293. For appeal preservation purposes or otherwise, the arguments largely, though not entirely, rehash the positions rejected by the Court in its April 16, 2021 Opinion & Order. To the extent new arguments are made, they are addressed below. All pending motions are DENIED. The Court provides a brief summary of its conclusions here and its reasoning on the pages that follow: - Maxwell moves to dismiss counts one, three, five, and six as barred by Jeffrey Epstein's non-prosecution agreement. The Court again concludes, as it did in its April 16, 2021 Opinion & Order, that the agreement does not bind the United States Attorney for the Southern District of New York. DOJ-OGR-00020810

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page193 of 208 A-189 - Maxwell moves to dismiss counts five and six on the grounds that prosecuting her on those counts would violate her rights under the Double Jeopardy Clause. The Court concludes that Maxwell has not previously been put in jeopardy for these offenses and therefore her prosecution on these counts does not violate the Double Jeopardy Clause. - Maxwell moves to dismiss counts five and six as untimely. The Court again concludes, as it did in its April 16, 2021 Opinion & Order, that the Government brought the charges within the applicable statute of limitations. - Maxwell moves to dismiss count five and either count one or count three as multiplicitous. The Court again determines, as it did in its April 16, 2021 Opinion & Order, that this motion is premature and denies it without prejudice for renewal at trial. - Maxwell moves to dismiss the S2 indictment for pre-indictment delay. The Court again concludes, as it did in its April 16, 2021 Opinion & Order, that Maxwell has not established that she suffered prejudice and therefore any delay has not violated her rights to due process. - Maxwell moves for a bill of particulars related to counts five and six because they are too vague, and in particular do not provide specific dates. The Court again concludes, as it did in its April 16, 2021 Opinion & Order, that the charges are sufficiently specific. - Maxwell moves to compel the Government to produce the statements of "Minor-Victim 4" in the S2 indictment as Brady material. The Court concludes that the current disclosure schedule gives Maxwell sufficient time to make effective use of any such statements and therefore immediate disclosure is not warranted. I. Jeffrey Epstein's non-prosecution agreement does not bar the charges in the S2 indictment In its April 16, 2021 Opinion & Order on Maxwell's first set of pretrial motions, the Court held that the non-prosecution agreement ("NPA") between Jeffrey Epstein and the U.S. Attorney's Office for the Southern District of Florida did not bar the charges against Maxwell in the S1 superseding indictment. See United States v. Maxwell, No. 20-cr-330 (AJN), 2021 WL 1518675, at *2 (S.D.N.Y. Apr. 16, 2021). Maxwell now renews those arguments for the charges in the S2 superseding indictment. The Court understands the primary purpose of Maxwell's renewed motion to be to preserve these arguments for appellate review, and the Court denies the 2 DOJ-OGR-00020811

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page194 of 208 A-190 renewed motion for substantially the same reasons set forth in its April 16 opinion. The Court will proceed to briefly explain why neither the new charges in the S2 superseding indictment nor the supplemental authority Maxwell cites change the Court's conclusion that the NPA does not bar the charges against her. As the Court explained in its April 16, 2021 Opinion & Order, the Second Circuit held in United States v. Annabi that "[a] plea agreement binds only the office of the United States Attorney for the district in which the plea is entered unless it affirmatively appears that the agreement contemplates a broader restriction." 771 F.2d 670, 672 (2d Cir. 1985) (per curiam). The Second Circuit's opinion in Annabi is clear, and that court has followed it steadfastly since. See, e.g., United States v. Gonzalez, 93 F. App'x 268, 270 (2d Cir. 2004); United States v. Brown, No. 99-1230(L), 2002 WL 3424494, at *2 (2d Cir. Apr. 26, 2002); United States v. Salemah, 152 F.3d 88, 120 (2d Cir. 1998) (per curiam); United States v. Rivera, 844 F.2d 916, 923 (2d Cir. 1988). The Second Circuit has held that language nearly identical to that in Epstein's NPA is not enough to overcome the presumption in favor of single-district plea agreements. See Salemah, 152 F.3d at 120. Adhering to this binding authority, this Court thus concluded (and continues to conclude) that the NPA does not bind the U.S. Attorney's Office for the Southern District of New York. It thus provides Maxwell no defense in this case even if it would otherwise cover the conduct charged in the new counts in the S2 superseding indictment. Maxwell advances two new arguments for why the Court should depart from this reasoning—the first in her renewed motion and the second in a letter of supplemental authority. See Dkt. Nos. 293, 310. In her renewed motion, she contends that Annabi contains an exception for out-of-district prosecutions for charges that are "identical to the dismissed charges." And in the letter of supplemental authority, she contends that the opinion of the Pennsylvania Supreme 3 DOJ-OGR-00020812

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page195 of 208 A-191 Court in Commonwealth v. Cosby, No. 39 MAP 2020, 2021 WL 2674380 (Pa. June 30, 2021), requires dismissal. Neither argument is persuasive. Annabi contains no exception for out-of-district prosecutions for charges that are "identical to the dismissed charges." In the language Maxwell cites from Annabi, the Second Circuit discussed (and rejected) a claim based on the Double Jeopardy Clause, not a claim based on the plea agreement in that case. See Annabi, 771 F.2d at 672. In that section of the opinion, the Second Circuit held that even if the charges had been identical to the dismissed charges, the defendants' double jeopardy claims would fail because they were never in jeopardy on the charges that were dismissed under the plea agreement. Nothing in Annabi suggests that the presumption in favor of single-district plea agreements does not apply if later charges in another district are sufficiently "identical" to the dismissed ones, and no subsequent Second Circuit case applying Annabi has so held. Annabi applies squarely to the facts of this case and binds this Court. The Court also disagrees that Cosby mandates a different result. To begin with, this Court must follow the precedential opinions of the Second Circuit on questions of federal law, not those of a state court. Thus, nothing in Cosby could change this Court's view that Second Circuit precedent in Annabi forecloses Maxwell's arguments related to the NPA. In any event, the state court in Cosby did not purport to decide the same federal question at issue here. In Cosby, the court held that it was unfair for a district attorney to proceed with charges against Bill Cosby after the district attorney's office had, in that court's view of the facts, unequivocally promised that it would not charge him. Cosby, 2021 WL 2674380, at *34. That case did not involve a question of whether one office's promise bound another, much less whether a plea agreement in one federal district should be construed to apply in another district. Instead, the 4 DOJ-OGR-00020813

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page196 of 208 A-192 case focused on whether prosecutors were required to honor a promise that the court found to be clear in the absence of a formal plea agreement. Even if this Court agreed with the analysis in Cosby, that opinion sheds no light on the proper interpretation of the NPA in this case. After considering the arguments in Maxwell's renewed motion and letter of supplemental authority, the Court's view remains unchanged from its April 16, 2021 Opinion & Order. Under Second Circuit precedent, the NPA does not bind the U.S. Attorney for the Southern District of New York. It thus does not bar the charges in the S2 superseding indictment. II. This prosecution does not violate the prohibition against double jeopardy The Double Jeopardy Clause provides that "[n]o person shall be . . . subject for the same offence to be twice put in jeopardy of life or limb." U.S. Const. amend. V. "This protection applies both to successive punishments and to successive prosecutions for the same criminal offense." United States v. Dixon, 509 U.S. 688, 696 (1993). "A defendant may only raise a Double Jeopardy claim if he has been put in jeopardy (i.e. jeopardy has 'attached') sometime before the alleged 'second' prosecution." United States v. Podde, 105 F.3d 813, 816 (2d Cir. 1997). A defendant is put in jeopardy when the jury in their case is empaneled or upon the defendant's entry of a guilty plea. Crist v. Bretz, 437 U.S. 28, 35 (1978); Morris v. Reynolds, 264 F.3d 38, 49 (2d Cir. 2001). Until then, a defendant has not been put in jeopardy and the Government is free to commence a prosecution. Maxwell has not previously been put in jeopardy for the offenses charged in this case. She concededly has not been punished or prosecuted for any prior offense. She was never charged in the Southern District of Florida in connection with the Epstein investigation. She agreed to nothing in Epstein's NPA, because she was not a party to it. She suffered no criminal consequences as a result of Epstein's guilty plea in Florida state court. To the contrary, there is 5 DOJ-OGR-00020814

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page197 of 208 A-193 no indication that Maxwell was even a subject of the Florida investigation. The Double Jeopardy Clause bars only successive prosecution or punishment for the same offense, and Maxwell has endured neither. Thus, the Double Jeopardy Clause does not bar the charges against her. Despite facing no prior prosecution or punishment herself, Maxwell contends that she is immune from prosecution because Epstein was already punished for the same conspiracy. The cases she cites, however, deal with successive prosecutions of a particular defendant for the same conspiracy, not separate prosecutions of individual co-conspirators. See, e.g., United States v. Lopez, 356 F.3d 463, 469 (2d Cir. 2004). The Double Jeopardy Clause does not require all co-conspirators be tried together for related offenses. See Zafiro v. United States, 506 U.S. 534, 539 (1993); United States v. Hinton, 543 F.2d 1002, 1014 (2d Cir. 1976). Whether the Government could have charged Epstein again in this case has nothing to do with Maxwell's rights under the Double Jeopardy Clause. Maxwell finally points to one case in which the Second Circuit held that a subsequent prosecution might not be permissible against a defendant whose charges were dismissed after her husband pleaded guilty. Dkt. No. 293 at 19 (citing United States v. Cambindo Valencia, 609 F.2d 603 (2d Cir. 1979)). However, the Court agrees with the Government that the result in Cambindo Valencia rested on the terms of the husband's plea agreement, not the Double Jeopardy Clause. See Cambindo Valencia, 609 F.2d at 638. No precedent stands for the proposition that an uncharged co-conspirator is put in jeopardy when another co-conspirator accepts a non-prosecution agreement. This is the first case in which Maxwell will be put in jeopardy for these offenses, and so this prosecution does not put her in jeopardy a second time. 6 DOJ-OGR-00020815

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page198 of 208 A-194 III. Counts five and six are not time-barred For most non-capital offenses, the statute of limitations under federal law is five years. 18 U.S.C. § 3282(a). Congress has enacted longer limitations periods for certain crimes, in particular for "offense[s] involving the sexual or physical abuse, or kidnapping" of a minor in 18 U.S.C. § 3283. Prior to 2003, the limitations period in § 3283 lasted until the victim reached the age of 25, and then Congress extended the limitations period to the life of the victim with the PROTECT Act of 2003, Pub. L. No. 108-21, 117 Stat 60. In 2006, Congress enacted 18 U.S.C. § 3299, which eliminated the statute of limitations for the sex trafficking of minors in violation of 18 U.S.C. § 1591 and for some other sex crimes. See 18 U.S.C. § 3299 ("Notwithstanding any other law, an indictment may be found or an information instituted at any time without limitation for any offense under . . . section 1591.") In her previous motion, Maxwell argued that the Mann Act charges against her in the indictment were time-barred on the grounds that the extended limitations period § 3283 was not applicable. The Court denied that motion in its April 16, 2021 Opinion & Order. Maxwell, 2021 WL 1518675, at *5. Maxwell now argues that the new charges the Government has brought against her in the S2 indictment, Sex Trafficking Conspiracy (18 U.S.C. § 371) and Sex Trafficking (18 U.S.C. § 1591), are time-barred as well because § 3283 does not apply to those offenses either. She renews her contention from her previous motion that the limitations period in § 3283 only applies to offenses which "necessarily entail" the sexual abuse of a minor and argues that a violation of 18 U.S.C. § 1591 does not. Thus, according to Maxwell's reasoning, the general five-year statute of limitations period in 18 U.S.C. § 3282(a) applies to the sex trafficking counts and, because the alleged conduct occurred from 2001 to 2004, the Government is now time-barred for prosecuting her for these offenses. 7 DOJ-OGR-00020816

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page199 of 208 A-195 The Court denies this motion for substantially similar reasons as those discussed in its April 16, 2021 Opinion & Order. As an initial matter, the Court reiterates that Maxwell's analysis of § 3283 is incorrect. As the Court explained, § 3283 does not call for a "categorical approach" nor an "essential ingredient" test, but instead requires that the defendant's conduct in that particular case involved the sexual abuse of a minor. Maxwell, 2021 WL 1518675 at *5-7. Here, there is no question that Maxwell is alleged to have engaged in activity that constitutes the sexual abuse of a minor with respect to the sex trafficking counts. But in any event, as the Government pointed out in its brief - and as Maxwell did not contest in her reply - § 3283 is not the only statute of limitations that applies to the sex trafficking counts. As discussed above, in 2006, Congress enacted § 3299 to eliminate altogether the limitations period for the offense of sex trafficking children in violation of § 1591. See 18 U.S.C. § 3299. Moreover, while the alleged sex trafficking in the S2 indictment is alleged to have occurred prior to the enactment of § 3299 in 2006, the Court holds that the provision nonetheless applies retroactively to cover that conduct. In its April 16, 2021 Opinion & Order, the Court analyzed § 3283 under the Landgraf v. USA Film Products, 511 U.S. 244, 280 (1994) framework and concluded that the limitations period applied retroactively so long as the previous limitations period had not yet expired. Maxwell, 2021 WL 1518675, at *7-8. Similar to § 3283, which states that "[n]o statute of limitations that would otherwise preclude prosecution" shall apply, the language of § 3299 provides that an indictment may be instituted at any time for certain offenses "[n]otwithstanding any other law." As discussed in the Court's previous opinion with respect to § 3283, this kind of language unambiguously requires that the limitations period apply retroactively to prosecutions for offenses committed before the date of enactment so long as the 8 DOJ-OGR-00020817

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page200 of 208 A-196 applicable limitations period has not yet run - offenses that by definition are those for which "other law[s]" of limitation would otherwise bar prosecution. See 18 U.S.C. § 3299. Moreover, as the Court also explained, not only does this kind of language unambiguously require retroactivity, it also does not result in any impermissible retroactive effects so long as it does not revive time-barred claims. Maxwell, 2021 WL 1518675, at *7-8. The Court therefore joins multiple other district courts in concluding that, like § 3283, § 3299 applies retroactively to offenses for which the previous limitations period has not yet run. See United States v. Nader, 425 F. Supp. 3d 619, 629 (E.D. Va. 2019); United States v. Pierre-Louis, No. 16 CR 541 (CM), 2018 WL 4043140, at *6 (S.D.N.Y. Aug. 9, 2018); United States v. Vickers, No. 13-CR-128-A, 2014 WL 1838255, at *8 (W.D.N.Y. May 8, 2014); United States v. Senasi, No. 3:08-CR-253 (WWE), 2010 WL 2351484, at *3 (D. Conn. June 7, 2010). The sex trafficking charges are therefore not time-barred. Regardless of whether it was the general five-year limitations period in § 3282(a) or the extended limitations period for sexual abuse of minors in § 3283 that was applicable to Maxwell's alleged conduct prior to the enactment of § 3299 in 2006, neither had expired by that date. Thus, as Maxwell does not contest, § 3299 applies retroactively to the sex trafficking offenses in the indictment and the Government is permitted to bring those charges without time limitation. IV. Maxwell's motion to dismiss count five and either count one or count three as multiplicitous is premature In her previous motions, Maxwell argued that either count one or count three of the S1 indictment, the Mann Act conspiracy charges, must be dismissed because the counts are multiplicitous. In the Court's April 16, 2021 Opinion & Order, the Court joined many other courts in this Circuit holding that pretrial motions of this sort are premature in light of United States v. Josephberg, 459 F.3d 350, 355 (2d Cir. 2006), and the Court dismissed without 9 DOJ-OGR-00020818

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page201 of 208 A-197 prejudice. Maxwell, 2021 WL 1518675, at *14. In the instant motion, Maxwell similarly argues that count five of the S2 indictment, the sex trafficking conspiracy charge, is duplicative of either counts one or three. Maxwell's motion is denied without prejudice for the reasons stated in the Court's April 16, 2021 Opinion & Order. V. The Government's delay in bringing the charges did not violate due process Maxwell also renews her motion to dismiss the S2 indictment based on alleged improper pretrial delay. In its April 16, 2021 Opinion & Order, the Court denied Maxwell's motion, concluding that her efforts to show actual and substantial prejudice fell far short of the "stringent standard" necessary to prevail on such a claim. Maxwell, 2021 WL 1518675, at *9. Maxwell's motion to dismiss the S2 on these grounds fails for the same reasons. As before, nothing in the record indicates that the Government's delay in bringing these charges was designed to thwart Maxwell's ability to prepare a defense. However, it is sufficient to conclude that Maxwell does not make the strong showing of prejudice required to support this sort of claim. Maxwell contends that the Government's delay in bringing charges has prejudiced her interests because potential witnesses have died, others have forgotten, and records have been lost or destroyed. It is highly speculative that any of these factors would make a substantial difference in her case. The Court thus again concludes for the reasons stated in the April 16, 2021 Opinion & Order, that Maxwell has failed to establish actual prejudice from the Government's delay in bringing charges. She may renew her motion if the factual record at trial shows otherwise. On the present record, neither the applicable statute of limitations nor due process bars the charges here. 10 DOJ-OGR-00020819

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page202 of 208 A-198 VI. No bill of particulars is warranted Maxwell moves for a bill of particulars as to counts five and six. Federal Rule of Criminal Procedure 7 requires that an indictment contain "a plain, concise, and definite written statement of the essential facts constituting the offense charged[.]" The indictment must be specific enough to inform the defendant of the charges and allow the defendant to plead double jeopardy in a later prosecution based on the same events. See United States v. Stavroulakis, 952 F.2d 686, 693 (2d Cir. 1992). "Under this test, an indictment need do little more than to track the language of the statute charged and state the time and place (in approximate terms) of the alleged crime." United States v. Tramunti, 513 F.2d 1087, 1113 (2d Cir. 1975). "Rule 7(f) of the Federal Rules of Criminal Procedure permits a defendant to seek a bill of particulars in order to identify with sufficient particularity the nature of the charge pending against him, thereby enabling defendant to prepare for trial, to prevent surprise, and to interpose a plea of double jeopardy should he be prosecuted a second time for the same offense." United States v. Bortnovsky, 820 F.2d 572, 574 (2d Cir. 1987). "The purpose of a bill of particulars is to supplement the allegations in the indictment when necessary to (1) enable the defendant to prepare his defense, (2) avoid unfair surprise to the defendant at trial, and (3) preclude a second prosecution of the same offense." United States v. Mandell, 710 F. Supp. 2d 368, 384 (S.D.N.Y. 2010)). On the other hand, the Court must balance these interests against the harm to the Government from restricting its proof at trial. See United States v. Rajaratnam, No. 09-cr-1184 (RJH), 2010 WL 2788168, at *1 (S.D.N.Y. Jul. 13, 2010). In her previous motions, Maxwell argued that the Mann Act counts in the indictment should be dismissed for lack of specificity or that, in the alternative, the Court should compel the Government to submit a bill of particulars providing greater detail of the charges. Maxwell 11 DOJ-OGR-00020820

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page203 of 208 A-199 contended specifically that the indictment is too vague because it refers to open-ended time periods for the Mann Act counts. The Court disagreed in light of Circuit precedent requiring only that an indictment describe the time and place of the charged conduct in "approximate terms" and permitting the use of "on or about" language to describe the window of when a violation occurred. Maxwell, 2021 WL 1518675, at *10 (citing Tramunti, 513 F.2d at 1113; United States v. Nersesian, 824 F.2d 1294, 1323 (2d Cir. 1987)). The Court explained that approximate time periods are particularly appropriate if the allegations involved ongoing conduct and especially if the indictment alleges sexual abuse against minor victims. Id. (citing United States v. Young, No. 08-cr-285 (KMK), 2008 WL 4178190, at *2 (S.D.N.Y. Sept. 4, 2008)). Maxwell now again moves for a bill of particulars. Maxwell primarily argues that the S2 indictment does not provide specific dates for the conduct alleged with respect to the sex trafficking counts. Instead, the S2 indictment provides a four-year time period from 2001 to 2004 in which the alleged sex trafficking and sex trafficking conspiracy occurred. Maxwell's motion in this respect is denied for the same reasons stated in the Court's April 16, 2021 Opinion & Order. The indictment alleges ongoing conduct that involve the sexual abuse of minors with respect to counts five and six and therefore the approximate time period provided is sufficient. Accordingly, the motion for a bill of particulars is denied.1 VII. The current disclosure schedule for impeachment material is adequate Finally, Maxwell moves to compel the immediate disclosure of any of Minor Victim's prior statements in which she did not mention Maxwell, including prior statements made to the 1 Additionally, Maxwell includes in her motion for a bill of particulars a request to require the government to identify the unnamed co-conspirators who allegedly participated in the conspiracies charged in the S2 indictment. Maxwell also made this request in the parties' joint May 21, 2021 letter to the Court regarding the disclosure schedule. Dkt. No. 291. In both her motion and the May 21, 2021 letter, Maxwell requests that this information be disclosed to the defense at the same time that the Government discloses Jencks Act material. The Government has not opposed this request. In the absence 12 DOJ-OGR-00020821

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page204 of 208 A-200 FBI. The Court has ordered the Government to disclose all Jencks Act and Giglio material by October 11, 2021. Dkt. No. 297 at 1. That date is seven weeks in advance of trial. The Court sees no reason to depart from the rule in this district that impeachment material of anticipated witnesses does not warrant an order compelling immediate disclosure. See United States v. Campo Flores, No. 15 Cr. 765 (PAC), 2016 WL 5946472, at *11 (S.D.N.Y. Oct. 12, 2016). Seven weeks in advance of trial is far more time than is standard in this district and no showing has been made that it will be insufficient for Maxwell to make effective use of the information in preparation of her defense. To the extent Maxwell argues that the Government is in possession of prior statements that are exculpatory under Brady (for example, if a witness denied Maxwell's involvement), rather than useful only for standard impeachment purposes, it is of course the Government's obligation to "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." Dkt. 68 at 1. The context of questions and answers surely matters as to whether a statement (or omission) is exculpatory, impeaching, or neither. It is for the Government to make these assessments ex ante and fully meet its disclosure obligations so that the defense may make effective use of any such information in preparation for trial. See United States v. Coppa, 267 F.3d 132, 144-46 (2d Cir. 2001). The Government has repeatedly confirmed that it understands those obligations, and that it has met them and will continue to meet them. Accordingly, the motion to compel the immediate disclosure of any of Minor Victim-4's prior statements in which she did not mention Maxwell is denied. of objection, the Court presumes the Government intends to disclose this information to Maxwell at the same time that as it discloses Jencks Act material. 13 DOJ-OGR-00020822

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page205 of 208 A-201 Conclusion For the reasons above and in this Court's April 16, 2021 Opinion & Order, the Court DENIES Maxwell's motion to obtain relief specified in her supplemental pre-trial motions relating to the S2 indictment. This resolves Dkt. No. 292. SO ORDERED. Dated: August 13, 2021 New York, New York ALISON J. NATHAN United States District Judge 14 DOJ-OGR-00020823

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page206 of 208 A-202 3034 LCKVMAX8 Charge 1 travel across state lines with the intent that she would engage 2 in sexual activity for which a person could be charged with a 3 crime under the penal law of New York State, namely, New York 4 Penal Law Section 130.55. I instruct you as a matter of law 5 that sexual abuse in the third degree -- the offense set forth 6 in Count Two of the indictment -- was a violation of New York 7 State Penal Law from in or about 1994, up to and including in or 8 about 1997, at the time the acts are alleged to have been 9 committed. 10 A person violates New York State Penal Law Section 11 130.55, sexual abuse in the third degree, when he or she 12 subjects another person to sexual contact without the latter's 13 consent. Under New York law, "sexual contact" means any 14 touching of the sexual or other intimate parts of a person for 15 the purpose of gratifying the sexual desire of either party. 16 It includes the touching of the victim by the actor, whether 17 directly or through clothing; as well as the emission of 18 ejaculate by the actor upon any part of the victim, clothed or 19 unclothed. 20 Also under New York law, lack of consent can result 21 from incapacity to consent. A person less than 17 years old is 22 deemed incapable of consenting to sexual contact under New York 23 law. Thus, the law deems sexual contact with a person less 24 than 17 years old to be without that person's consent even if, 25 in fact, that person did consent. However, in order to find SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020824

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page207 of 208 A-203 3035 LCKVMAX8 Charge 1 that the intended acts were nonconsensual solely because of the 2 victim's age, you must find that Ms. Maxwell knew that Jane was 3 less than 17 years old. 4 5 Instruction No. 18. Count Four. Transportation of an 6 individual under the age of 17 to engage in illegal sexual 7 activity. The statute. 8 The relevant statute for Count Four is Title 18, United States 9 Code, Section 2423(a), which provides that a person who "knowingly 10 transports any individual under the age of 17 years in interstate 11 commerce, with the intent that such individual engage in any 12 sexual activity for which any person can be charged with a 13 criminal offense" is guilty of a federal crime. 14 15 Instruction No. 19. Count Four. Transportation of an 16 individual under the age of 17 to engage in illegal sexual 17 activity. The elements. 18 In order to prove the defendant guilty of Count Four, the 19 government must establish each of the following three elements of 20 the crime beyond a reasonable doubt: 21 First, that the defendant knowingly transported an individual in 22 interstate commerce as alleged in the indictment. 23 Second, that the defendant transported the individual with the 24 intent that the individual would engage in sexual activity for 25 which any person can be charged with a criminal offense under New York law as alleged in the indictment. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020825

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Case 22-1426, Document 57, 02/28/2023, 3475900, Page208 of 208 A-204 LCKVMAX8 3036 Charge 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And third, that the defendant knew that the individual was less than 17 years old at the time of the acts alleged in Count Four of the indictment. Count Four also relates solely to Jane during the time period 1994 to 1997. Instruction No. 20. Count Four. Transportation of an individual under the age of 17 to engage in illegal sexual activity. First element. The first element of Count Four which the government must prove beyond a reasonable doubt is that Ms. Maxwell knowingly transported Jane in interstate commerce as alleged in the indictment. The phrase "to transport an individual in interstate commerce" means to move or carry or cause someone to be moved or carried from one state to another. The government does not have to prove that Ms. Maxwell personally transported Jane across a state line; it is sufficient to satisfy the element that Ms. Maxwell was actively engaged, either personally or through an agent, in the making of the travel arrangements such as by purchasing tickets necessary for Jane to travel as planned. Ms. Maxwell must have knowingly transported or caused the transportation of Jane in interstate commerce. That means that the government must prove that Ms. Maxwell knew both that she was causing Jane to be transported and that Jane was being transported in interstate commerce. As I've explained, an act is done knowingly when it's done voluntarily and intentionally and not because of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020826

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