Document 9

Case 1:19-cr-00490-RMB Document 9 Filed 07/11/19 Page 1 of 2 USDCSINY DOCUMENT ELECTRONICALLY FILED DOC#: DATE FILED: 7/11/19 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA v. JEFFREY EPSTEIN, Defendant MEMO ENDORSED 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-00000325 --- PAGE BREAK --- Case 19-2221, Document 9, 08/05/2019, 26242022, Page1 of 1 ACKNOWLEDGMENT AND NOTICE OF APPEARANCE Short Title: United States of America v. Epstein Docket No.: 19-2221 Lead Counsel of Record (name/firm) or Pro se Party (name): Reid Weingarten / Steptoe & Johnson LLP Appearance for (party/designation): Defendant - Appellant Jeffrey Epstein DOCKET SHEET ACKNOWLEDGMENT/AMENDMENTS Caption as indicated is: (√) Correct ( ) Incorrect. See attached caption page with corrections. Appellate Designation is: (√) Correct ( ) Incorrect. The following parties do not wish to participate in this appeal: Parties: ____________________________________________________ ( ) Incorrect. Please change the following parties' designations: Party Correct Designation Contact Information for Lead Counsel/Pro Se Party is: (√) Correct ( ) Incorrect or Incomplete. As an e-filer, I have updated my contact information in the PACER "Manage My Account" screen. Name: ____________________________________________________ Firm: ____________________________________________________ Address: ____________________________________________________ Telephone: ____________________________________________________ Fax: ____________________________________________________ Email: ____________________________________________________ RELATED CASES (√) This case has not been before this Court previously. ( ) This case has been before this Court previously. The short title, docket number, and citation are: ____________________________________________________ ( ) Matters related to this appeal or involving the same issue have been or presently are before this Court. The short titles, docket numbers, and citations are: ____________________________________________________ CERTIFICATION I certify that (√) I am admitted to practice in this Court and, if required by LR 46.1(a)(2), have renewed my admission on ____________________________________________________ OR that ( ) I applied for admission on ____________________________________________________ or renewal on ____________________________________________________. If the Court has not yet admitted me or approved my renewal, I have completed Addendum A. Signature of Lead Counsel of Record: /s/ Reid Weingarten Type or Print Name: Reid Weingarten OR Signature of pro se litigant: ____________________________________________________ Type or Print Name: ____________________________________________________ ( ) I am a pro se litigant who is not an attorney. ( ) I am an incarcerated pro se litigant. DOJ-OGR-00000828 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 9 Filed 07/07/20 Page 1 of 2 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New York 10007 July 7, 2020 VIA ECF The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter in connection with the Court's Order dated July 6, 2020 (the "Order") (Dkt. 7) and the defendant's letter of July 6, 2020 (the "Defense Letter") (Dkt. 8). Pursuant to the Order, the parties have conferred regarding the scheduling of an initial proceeding in the above-captioned case. As set forth in the Defense Letter, the parties are available to proceed remotely on the morning of July 14, 2020. Additionally, the parties jointly respectfully propose the following briefing schedule in connection with the Government's Memorandum in Support of Detention, dated July 2, 2020 (Dkt. 4): - Defense response to be due by 3:00 p.m. on Friday, July 10, 2020 - Government reply to be due by 5:00 p.m. on Monday, July 13, 2020 The Government also respectfully renews and amends its request that the Court exclude time under the Speedy Trial Act, see Government Letter dated July 5, 2020 (Dkt. 5), between the defendant's arrest on July 2, 2020, and the revised proposed date of the arraignment, initial appearance, and bail hearing. In the interim, the Government intends to confer with defense counsel regarding the terms of a protective order and initial discovery, to facilitate the production DOJ-OGR-00001538 --- PAGE BREAK --- Case 20-3061, Document 9, 09/10/2020, 2927924, Page1 of 1 NOTICE OF APPEARANCE FOR SUBSTITUTE, ADDITIONAL, OR AMICUS COUNSEL Short Title: United States of America v. Ghislaine Maxwell Docket No.: No. 20-3061 Substitute, Additional, or Amicus Counsel's Contact Information is as follows: Name: Ty Gee Firm: Haddon, Morgan & Foreman, P.C. Address: 150 E. 10th Ave., Denver, CO 80203 Telephone: 303-831-7364 Fax: 303-832-2628 E-mail: tgee@hmflaw.com Appearance for: Defendant-Appellant Ghislaine Maxwell (party/designation) Select One: Substitute counsel (replacing lead counsel: ) (name/firm) Substitute counsel (replacing other counsel: ) (name/firm) Additional counsel (co-counsel with: Laura A. Menninger/Haddon, Morgan & Foreman, P.C. ) (name/firm) Amicus (in support of: ) (party/designation) CERTIFICATION I certify that: I am admitted to practice in this Court and, if required by Interim Local Rule 46.1(a)(2), have renewed my admission on OR I applied for admission on . Signature of Counsel: s/ Ty Gee Type or Print Name: Ty Gee DOJ-OGR-00019279 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 1 of 8 AO 98 (Rev. 12/11) Appearance Bond ORIGINAL UNITED STATES DISTRICT COURT for the Southern District of New York United States of America v. TOVA NOEL Defendant 19 CR 830 APPEARANCE BOND Defendant's Agreement I, TOVA NOEL (defendant), agree to follow every order of this court, or any court that considers this case, and I further agree that this bond may be forfeited if I fail: ( ) to appear for court proceedings; ( ) if convicted, to surrender to serve a sentence that the court may impose; or ( ) to comply with all conditions set forth in the Order Setting Conditions of Release. Type of Bond ( ) (1) This is a personal recognizance bond. ( X ) (2) This is an unsecured bond of $100,000 PRB. ( ) (3) This is a secured bond of $, secured by: ( ) (a) $, in cash deposited with the court. ( ) (b) the agreement of the defendant and each surety to forfeit the following cash or other property (describe the cash or other property, including claims on it - such as a lien, mortgage, or loan - and attach proof of ownership and value): If this bond is secured by real property, documents to protect the secured interest may be filed of record. ( ) (c) a bail bond with a solvent surety (attach a copy of the bail bond, or describe it and identify the surety): Forfeiture or Release of the Bond Forfeiture of the Bond. This appearance bond may be forfeited if the defendant does not comply with the above agreement. The court may immediately order the amount of the bond surrendered to the United States, including the security for the bond, if the defendant does not comply with the agreement. At the request of the United States, the court may order a judgment of forfeiture against the defendant and each surety for the entire amount of the bond, including interest and costs. DOJ-OGR-00021942 --- PAGE BREAK --- Case 1:19-cr-00490-RMB Document 9 Filed 07/11/19 Page 2 of 2 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 owlingw@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 Defense Motion granted. Materials to be hand delivered to chambers (and opposing counsel) by 9:00AM, July 12, 2019. SO ORDERED: Date: 7/11/19 Richard M. Berman, U.S.D.J. DOJ-OGR-0000326 --- PAGE BREAK --- Case 1:20-cr-00330-AJN Document 9 Filed 07/07/20 Page 2 of 2 Honorable Alison J. Nathan July 7, 2020 Page 2 of discovery, which will serve the interests of justice by facilitating the timely production of discovery materials. See 18 U.S.C. § 3161(h)(1)(F). I have conferred with defense counsel, who consent to this request. Very truly yours, AUDREY STRAUSS Acting United States Attorney By: Alex Rossmiller / Alison Moe / Maurene Comey Assistant United States Attorneys Southern District of New York Tel: (212) 637-2415 Cc: Christian Everdell, Esq., and Mark Cohen, Esq., counsel for defendant DOJ-OGR-00001539 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 2 of 8 AO 98 (Rev. 12/11) Appearance Bond Page 2 Release of the Bond. The court may order this appearance bond ended at any time. This bond will be satisfied and the security will be released when either: (1) the defendant is found not guilty on all charges, or (2) the defendant reports to serve a sentence. Declarations Ownership of the Property. I, the defendant -- and each surety -- declare under penalty of perjury that: (1) all owners of the property securing this appearance bond are included on the bond; (2) the property is not subject to claims, except as described above; and (3) I will not sell the property, allow further claims to be made against it, or do anything to reduce its value while this appearance bond is in effect. Acceptance. I, the defendant -- and each surety -- have read this appearance bond and have either read all the conditions of release set by the court or had them explained to me. I agree to this Appearance Bond. I, the defendant -- and each surety -- declare under penalty of perjury that this information is true. (See 28 U.S.C.§ 1746.) Date: 11/19/2019 SYLVIA EPHRAIM Surety/property owner -- Surety/property owner -- Surety/property owner -- Date: 11/19/2019 Approved. Date: 11/19/2019 CLERK OF COURT Signature of Clerk or Deputy Clerk - AUSA NICOLAS LANDSMAN ROOS DOJ-OGR-00021943 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 3 of 8 AO 199A (Rev. 12/11) Order Setting Conditions of Release Page 1 of ___ Pages UNITED STATES DISTRICT COURT for the Southern District of New York United States of America ) ) 19 CR 830 (AT) TOVA NOEL ) Defendant ) ORDER SETTING CONDITIONS OF RELEASE IT IS ORDERED that the defendant's release is subject to these conditions: (1) The defendant must not violate federal, state, or local law while on release. (2) The defendant must cooperate in the collection of a DNA sample if it is authorized by 42 U.S.C. § 14135a. (3) The defendant must advise the court or the pretrial services office or supervising officer in writing before making any change of residence or telephone number. (4) The defendant must appear in court as required and, if convicted, must surrender as directed to serve a sentence that the court may impose. The defendant must appear at: _______________________ Place on _______________________ Date and Time If blank, defendant will be notified of next appearance. (5) The defendant must sign an Appearance Bond, if ordered. DOJ-OGR-00021944 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 4 of 8 AO 199B (Rev. 12/11) Additional Conditions of Release Page of Pages ADDITIONAL CONDITIONS OF RELEASE IT IS FURTHER ORDERED that the defendant's release is subject to the conditions marked below: ( ) (6) The defendant is placed in the custody of: Person or organization Address (only if above is an organization) City and state Tel. No. who agrees to (a) supervise the defendant, (b) use every effort to assure the defendant's appearance at all court proceedings, and (c) notify the court immediately if the defendant violates a condition of release or is no longer in the custodian's custody. Signed: Custodian Date ( ) (7) The defendant must: ( X ) (a) submit to supervision by and report for supervision to the PRETRIAL SUPERVISION AS DIRECTED BY PTS , telephone number , no later than . ( ) (b) continue or actively seek employment. ( ) (c) continue or start an education program. ( ) (d) surrender any passport to: PSA (& NO NEW APPLICATIONS) ( X ) (e) not obtain a passport or other international travel document. ( X ) (f) abide by the following restrictions on personal association, residence, or travel: SDNY/EDNY; DNJ & EASTERN DISTRICT OF PENNSYLVANIA ( ) (g) avoid all contact, directly or indirectly, with any person who is or may be a victim or witness in the investigation or prosecution, including: ( X ) (h) get medical or psychiatric treatment: MENTAL HEALTH EVALUATION/TREATMENT ( ) (i) return to custody each at o'clock after being released at o'clock for employment, schooling, or the following purposes: ( ) (j) maintain residence at a halfway house or community corrections center, as the pretrial services office or supervising officer considers necessary. ( X ) (k) not possess a firearm, destructive device, or other weapon. ( ) (l) not use alcohol ( ) at all ( ) excessively. ( ) (m) not use or unlawfully possess a narcotic drug or other controlled substances defined in 21 U.S.C. § 802, unless prescribed by a licensed medical practitioner. ( ) (n) submit to testing if required by the pretrial services officer or supervising officer. Testing may be used with random frequency and may include urine testing, the wearing of a sweat patch, a remote alcohol testing system, and/or any form of prohibited substance screening or testing. The defendant must not obstruct, attempt to obstruct, or tamper with the efficiency and accuracy of prohibited substance screening or testing. ( ) (o) participate in a program of inpatient or outpatient substance abuse therapy and counseling if directed by the pretrial services office or supervising officer. ( ) (p) participate in one of the following location restriction programs and comply with its requirements as directed. ( ) (i) Curfew. You are restricted to your residence every day ( ) from to ; or ( ) as directed by the pretrial services office or supervising officer; or ( ) (ii) Home Detention. You are restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities approved in advance by the pretrial services office or supervising officer; or ( ) (iii) Home Incarceration. You are restricted to 24-hour-a-day lock-down at your residence except for medical necessities and court appearances or other activities specifically approved by the court. ( ) (q) submit to location monitoring as directed by the pretrial services office or supervising officer and comply with all of the program requirements and instructions provided. ( ) You must pay all or part of the cost of the program based on your ability to pay as determined by the pretrial services office or supervising officer. ( ) (r) report as soon as possible, to the pretrial services office or supervising officer, every contact with law enforcement personnel, including arrests, questioning, or traffic stops. DOJ-OGR-00021945 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 5 of 8 ADDITIONAL CONDITIONS OF RELEASE ( ) (s) $100,000 PRB TO BE CO-SIGNED BY 2 FINANCIALLY RESPONSIBLE PERSONS; TRAVEL LIMITED TO SDNY/EDNY; DISTRICT OF NEW JERSEY & EASTERN DISTRICT OF PENNSYLVANIA; SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS); PRETRIAL SUPERVISION AS DIRECTED BY PTS; MENTAL HEALTH EVALUATION/TREATMENT AS DIRECTED BY PTS; DEFT NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON; DEFT TO BE RELEASED ON OWN SIGNATURE; REMAINING CONDITIONS TO BE MET BY 11/26/2019; NO CONTACT WITH CO-DEFENDANT UNLESS IN THE PRESENCE OF COUNSEL DOJ-OGR-00021946 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 6 of 8 AO 199C (Rev. 09/08) Advice of Penalties Page _____ of _____ Pages ADVICE OF PENALTIES AND SANCTIONS TO THE DEFENDANT: TOVA NOEL 19 CR 830 (AT) 11/19/2019 YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS: Violating any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of your release, an order of detention, a forfeiture of any bond, and a prosecution for contempt of court and could result in imprisonment, a fine, or both. While on release, if you commit a federal felony offense the punishment is an additional prison term of not more than ten years and for a federal misdemeanor offense the punishment is an additional prison term of not more than one year. This sentence will be consecutive (i.e., in addition to) to any other sentence you receive. It is a crime punishable by up to ten years in prison, and a $250,000 fine, or both, to: obstruct a criminal investigation; tamper with a witness, victim, or informant; retaliate or attempt to retaliate against a witness, victim, or informant; or intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing. If, after release, you knowingly fail to appear as the conditions of release require, or to surrender to serve a sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of: (1) an offense punishable by death, life imprisonment, or imprisonment for a term of fifteen years or more - you will be fined not more than $250,000 or imprisoned for not more than 10 years, or both; (2) an offense punishable by imprisonment for a term of five years or more, but less than fifteen years - you will be fined not more than $250,000 or imprisoned for not more than five years, or both; (3) any other felony - you will be fined not more than $250,000 or imprisoned not more than two years, or both; (4) a misdemeanor - you will be fined not more than $100,000 or imprisoned not more than one year, or both. A term of imprisonment imposed for failure to appear or surrender will be consecutive to any other sentence you receive. In addition, a failure to appear or surrender may result in the forfeiture of any bond posted. Acknowledgment of the Defendant I acknowledge that I am the defendant in this case and that I am aware of the conditions of release. I promise to obey all conditions of release, to appear as directed, and surrender to serve any sentence imposed. I am aware of the penalties and sanctions set forth above. Defendant's Signature TOVA NOEL City and State Directions to the United States Marshal ( ) The defendant is ORDERED released after processing. ( ) The United States marshal is ORDERED to keep the defendant in custody until notified by the clerk or judge that the defendant has posted bond and/or complied with all other conditions for release. If still in custody, the defendant must be produced before the appropriate judge at the time and place specified. Date: ______________________ Judicial Officer's Signature Printed name and title DOJ-OGR-00021947 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 7 of 8 AO 199C (Rev. 09/08) Advice of Penalties DISTRIBUTION: COURT DEFENDANT PRETRIAL SERVICE U.S. ATTORNEY U.S. MARSHAL Page of Pages Southern District of New York The Bronx Manhattan Westchester Rockland Dutchess Orange Putnam Sullivan Eastern District of New York Brooklyn (Kings County) Queens (Queens County) Staten Island (Richmond County) Long Island (Nassau & Suffolk) Sullivan Orange Dutchess Putnam Rockland Westchester Suffolk Nassau Queens Brooklyn Staten Island DOJ-OGR-00021948 --- PAGE BREAK --- Case 1:19-cr-00830-AT Document 9 Filed 11/19/19 Page 8 of 8 DOCKET No. 19 Cr 830 (AT) DEFENDANT Tova Noel AUSA Nicolas Roos DEF.'S COUNSEL James E. Foy ☐ INTERPRETER NEEDED ✓ RETAINED ☐ FEDERAL DEFENDERS ☐ CJA ☐ PRESENTMENT ONLY ☐ Rule 5 ☐ Rule 9 ☐ Rule 5(c)(3) ☐ Detention Hrg. DATE OF ARREST 11/19/2019 ✓ VOL. SURR. ☐ Other: TIME OF ARREST ☐ ON WRIT TIME OF PRESENTMENT BAIL DISPOSITION ☐ DETENTION ON CONSENT W/O PREJUDICE ☐ DETENTION: RISK OF FLIGHT/DANGER ☐ SEE SEP. ORDER ☐ DETENTION HEARING SCHEDULED FOR: ☐ SEE TRANSCRIPT ☒ AGREED CONDITIONS OF RELEASE ☐ DEF. RELEASED ON OWN RECOGNIZANCE ✓ $100,000 PRB ✓ 2 FRP ☐ SECURED BY $ CASH/PROPERTY: ✓ TRAVEL RESTRICTED TO SDNY/EDNY/District of New Jersey, Eastern District of Pennsylvania ✓ TEMPORARY ADDITIONAL TRAVEL UPON CONSENT OF AUSA & APPROVAL OF PRETRIAL SERVICES ✓ SURRENDER TRAVEL DOCUMENTS (& NO NEW APPLICATIONS) ✓ PRETRIAL SUPERVISION: ✓ REGULAR ✓ STRICT ✓ AS DIRECTED BY PRETRIAL SERVICES ✓ DRUG TESTING/TREATMT AS DIRECTED BY PTS ✓ MENTAL HEALTH EVAL/TREATMT AS DIRECTED BY PTS ✓ DEF. TO SUBMIT TO URINALYSIS; IF POSITIVE, ADD CONDITION OF DRUG TESTING/TREATMENT ☐ HOME INCARCERATION ☐ HOME DETENTION ☐ CURFEW ☐ ELECTRONIC MONITORING ☐ GPS ✓ DEF. TO PAY ALL OF PART OF COST OF LOCATION MONITORING, AS DETERMINED BY PRETRIAL SERVICES ☐ DEF. TO CONTINUE OR SEEK EMPLOYMENT [OR] ☐ DEF. TO CONTINUE OR START EDUCATION PROGRAM ✓ DEF. NOT TO POSSESS FIREARM/DESTRUCTIVE DEVICE/OTHER WEAPON ☐ DEF. TO BE DETAINED UNTIL ALL CONDITIONS ARE MET ✓ DEF. TO BE RELEASED ON OWN SIGNATURE, PLUS THE FOLLOWING CONDITIONS: ; REMAINING CONDITIONS TO BE MET BY: 11/26/19 ADDITIONAL CONDITIONS/ADDITIONAL PROCEEDINGS/COMMENTS: No contact with co-defendant unless in the presence of counsel. ✓ DEF. ARRAIGNED; PLEADS NOT GUILTY ✓ CONFERENCE BEFORE D.J. ON 11/25/2019 ☐ DEF. WAIVES INDICTMENT ✓ SPEEDY TRIAL TIME EXCLUDED UNDER 18 U.S.C. θ 3161(h)(7) UNTIL 11/25/2019 For Rule 5(c)(3) Cases: ☐ IDENTITY HEARING WAIVED ☐ DEFENDANT TO BE REMOVED ☐ PRELIMINARY HEARING IN SDNY WAIVED ☐ CONTROL DATE FOR REMOVAL: PRELIMINARY HEARING DATE: 11/26/19 ☐ ON DEFENDANT'S CONSENT DATE: 11/19/2019 UNITED STATES MAGISTRATE JUDGE, S.D.N.Y. WHITE (original) - COURT FILE PINK - U.S. ATTORNEY'S OFFICE YELLOW - U.S. MARSHAL GREEN - PRETRIAL SERVICES AGENCY Rev'd 2016 DOJ-OGR-00021949