Document 7

Case 1:19-cr-00490-RMB Document 7 Filed 07/11/19 Page 1 of 3 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA v. JEFFREY EPSTEIN, Defendant CRIMINAL NO. 19-CR-490 DEFENDANT JEFFREY EPSTEIN'S MOTION FOR LEAVE TO FILE SUPPLEMENTAL FINANCIAL DISCLOSURE UNDER SEAL Defendant Jeffrey Epstein, by and through undersigned counsel, hereby respectfully moves this Honorable Court for leave to file under seal his supplemental financial disclosure. As noted in Mr. Epstein's bail submission, on advice of counsel, he has not yet provided a complete financial disclosure. Counsel's advice on this point was motivated by a desire to ensure the accuracy and completeness of the information provided to the Court. Mr. Epstein seeks leave to file his forthcoming supplemental disclosure under seal. As grounds and reasons therefor, Mr. Epstein relies on the exceptional amount of publicity that has been generated by this case, much of which relates specifically to his finances. Under the Bail Reform Act, financial information provided by a defendant to a pretrial services officer "shall be used only for the purposes of a bail determination and shall otherwise be confidential." 18 U.S.C. § 3153(c)(1). Here, in the event Mr. Epstein is required to publicly file his financial statement, the information contained therein will inevitably be widely disseminated in the news media, contravening the statutory requirement of confidentiality. 1 DOJ-OGR-00000320 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 7 Filed 07/06/20 Page 1of1 USDCMNY DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 7/6/2020 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, -v- Ghislaine Maxwell, Defendant. 20-CR-330 (AJN) ORDER ALISON J. NATHAN, District Judge: 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 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 1 DOJ-OGR-00001532 --- PAGE BREAK --- Case 20-3061, Document 7, 09/10/2020, 2927910, Page1 of 1 UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CRIMINAL APPEAL TRANSCRIPT INFORMATION - FORM B TO BE COMPLETED BY ATTORNEY: CASE NAME: United States of America, Plaintiff v. Ghislaine Maxwell, Defendant DOCKET NUMBER: No. 20-3061 COUNSEL'S NAME: Laura A. Menninger COUNSEL'S ADDRESS: 150 E. 10th Ave. Denver, CO 80203 COUNSEL'S PHONE: 303-831-7364 QUESTIONNAIRE I am ordering a transcript. I am not ordering a transcript. Reason: Daily copy available U.S. Atty. placed order Other (attach explanation) TRANSCRIPT ORDER **Explanation: There is no transcript because the district court decided the motion on the papers without a hearing Prepare transcript of Pre-trial proceedings: N/A (Description & Dates) Trial: N/A (Description & Dates) Sentencing: N/A (Description & Dates) Post-trial proceedings: N/A (Description & Dates) I, N/A , hereby certify that I will make satisfactory arrangements with the court reporter for payment of the costs of the transcript in accordance with FRAP 10(b). Method of payment: Funds CJA Form 24 s/ Laura A. Menninger 9/10/2020 Counsel's Signature Date TO BE COMPLETED BY COURT REPORTER AND FORWARDED TO COURT OF APPEALS: ACKNOWLEDGMENT Date order received: Estimated Number of Pages: Estimated completion date: Court Reporter's Signature Date Attorney(s): Send completed form to the U.S. District Court as that court may require and send copies to the Court of Appeals, U.S. Attorney's Office, and Court Reporter. Court Reporter(s): Send completed acknowledgement to the Court of Appeals Clerk. DOJ-OGR-00019277 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 7 Filed 07/11/19 Page 2 of 3 WHEREFORE, Mr. Epstein respectfully requests that this Honorable Court allow him leave to file his supplemental financial disclosure under seal. Respectfully Submitted, Jeffrey Epstein By His Attorneys, /s/ Reid Weingarten Reid Weingarten Steptoe & Johnson, LLP (NYC) 1114 Avenue of the Americas New York, NY 10036 (202)-506-3900 rweingarten@steptoe.com /s/ Martin G. Weinberg Martin G. Weinberg (application for admission pro hac vice forthcoming) 20 Park Plaza, Suite 1000 Boston, MA 02116 (617) 227-3700 owlmgw@att.net /s/ Marc Allan Fernich Marc Allan Fernich Law Office of Marc Fernich 810 Seventh Ave., Suite 620 New York, NY 10019 (212) 446-2346 maf@fernichlaw.com Dated: July 11, 2019 2 DOJ-OGR-00000321 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 7 Filed 07/06/20 Page 2 of 4 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. Dated: July 6, 2020 New York, New York ALISON J. NATHAN United States District Judge 2 DOJ-OGR-00001533 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 7 Filed 07/11/19 Page 3 of 3 CERTIFICATE OF SERVICE I, Reid Weingarten, hereby certify that on this date, July 11, 2019, a copy of the foregoing document has been served via Electronic Court Filing system on all registered participants. /s/ Reid Weingarten 3 DOJ-OGR-00000322 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 7 Filed 07/06/20 Page 3 of 4 April 2, 2020 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA -v- Defendant. WAIVER OF RIGHT TO BE PRESENT AT CRIMINAL PROCEEDING -CR- ( ) Check Proceeding that Applies Arraignment I have been given a copy of the indictment containing the charges against me and have reviewed it with my attorney. I understand that I have a right to appear before a judge in a courtroom in the Southern District of New York to confirm that I have received and reviewed the indictment; to have the indictment read aloud to me if I wish; to enter a plea of either guilty or not guilty before the judge; and to have an attorney beside me as I do. By signing this document, I wish to advise the court that after consultation with my attorney I willingly give up my right to appear in person before the judge for my arraignment. By signing this document, I also wish to advise the court that I willingly give up any right I might have to have my attorney next to me for my arraignment so long as the following conditions are met. I want my attorney to be able to participate in the proceeding and to be able to speak on my behalf during the proceeding. I also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do so. Date: Signature of Defendant Print Name Bail Hearing I am applying or in the future may apply for release from detention, or if not detained, for modification of the conditions of my release from custody, that is, my bail conditions. I understand that I have a right to appear in person before a judge in a courtroom in the Southern District of New York at the time that my attorney makes such an application. I have discussed these rights with my attorney and wish to give up these rights due to the COVID-19 pandemic so long as the following conditions are met. I request that my attorney be permitted to make applications for my release from custody or for modification of the conditions of my release, even though I will not be physically present. I also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do so. Date: Signature of Defendant Print Name Conference DOJ-OGR-00001534 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 7 Filed 07/06/20 Page 4 of 4 I have been charged in an indictment with violations of federal law. I understand that I have a right to be present at all conferences concerning this indictment that are held by a judge in the Southern District of New York, unless the conference involves only a question of law. I understand that at these conferences the judge may, among other things, 1) set a schedule for the case including the date at which the trial will be held, and 2) determine whether, under the Speedy Trial Act, certain periods of time should be properly excluded in setting the time by which the trial must occur. I have discussed these issues with my attorney and wish to give up my right to be physically present at the upcoming conference. By signing this document, I wish to advise the court that I willingly give up my right to be physically present at the upcoming conference in my case on account of the COVID-19 pandemic so long as the following conditions are met. I want my attorney to be able to participate in the proceeding and to be able to speak on my behalf during the proceeding. I also want the ability to speak privately with my attorney at any time during the proceeding if I wish to do so. Date: Signature of Defendant Print Name I hereby affirm that I am aware of my obligation to discuss with my client the charges contained in the indictment, my client's rights to attend and participate in the criminal proceedings encompassed by this waiver, and this waiver form. I affirm that my client knowingly and voluntarily consents to the proceedings being held in my client's absence. I will inform my client of what transpires at the proceedings and provide my client with a copy of the transcript of the proceedings, if requested. Date: Signature of Defense Counsel Print Name Addendum for a defendant who requires services of an interpreter: I used the services of an interpreter to discuss these issues with the defendant. The interpreter also translated this document, in its entirety, to the defendant before the defendant signed it. The interpreter's name is: . Date: Signature of Defense Counsel Accepted: Signature of Judge Date: 2 DOJ-OGR-00001535