U.S. Department of Justice

U.S. Department of Justice United States Attorney Southern District of New York The Silvio I. Motto Building One Saint Andrew's Plaza New York. New York 10007 August 5, 2020 By Email & Hand Christian Everdell, Esq. Mark Cohen, Esq. Cohen & Gresser LLP 800 Third Avenue New York, NY 10022 Laura Menninger, Esq. Jeffrey Pagliuca, Esq. Haddon, Morgan and Foreman, P.C. 150 East Tenth Avenue Denver, CO 80203 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Counsel: This letter provides discovery pursuant to Rule 16(a) of the Federal Rules of Criminal Procedure ("Fed. R. Crim. P."), and seeks reciprocal discovery.' Disclosure by the Government Based on your request for discovery in this case, enclosed please find copies of the materials listed in the attached index, which materials are stamped with control numbers SDNY_GM_00000001 through SDNY_GM_00012841. Please note that both this letter and the enclosed materials are governed by the July 31, 2020 Protective Order in this case.2 In addition to information provided herein, please note that this Office periodically posts content on social media platforms including Twitter, Facebook and YouTube. Members of the public may post comments in response to the Office's postings. We do not control these user-generated comments, nor do we monitor or regularly review such comments. You may directly access these social media platforms in the event you believe someone may have posted information relevant to this case. 2 Files in PDF format designated as "confidential" under the protective order have been stamped "confidential." However, certain files cannot be individually labeled as confidential on the documents themselves due to their file format. Such files include in their electronic names the word "Confidential," and, additionally, the bates numbers for confidential files that could not be individually labeled are included in the table below. 0610.2018 EFTA00099135 Page 2 This letter is itself designated as "confidential," because it includes information regarding records designated as "confidential" under the Protective Order. The Government recognizes its obligations under Brady v. Maryland, 373 U.S. 83 (1963), and its progeny. The Government will provide material under Giglio v. United States, 405 U.S. 150, 154 (1972), and its progeny, in a timely manner prior to trial and consistent with the schedule set by the Court. Disclosure by the Defendant In light of your request for discovery in this case, the Government hereby requests reciprocal discovery under Fed. R. Crim. P. 16(b). Specifically, we request that you allow inspection and copying of: (1) any books, or copies or portions thereof, which are in the defendant's possession, custody or control, and which the defendant intends to introduce as evidence or otherwise rely on at trial; and (2) any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with this case, or copies thereof, which are in the defendant's possession or control, and which the defendant intends to introduce as evidence or otherwise rely on at trial or which were prepared by a witness whom the defendant intends to call at trial. The Government also requests that the defendant disclose prior statements of witnesses he will call to testify. See Fed. R. Crim. P. 26.2; United States v. Nobles, 422 U.S. 225 (1975). We request that such material be provided on the same basis upon which we agree to supply the defendant with 3500 material relating to Government witnesses. Sentence Reduction for Acceptance of Responsibility This Office will oppose the additional one-point reduction under the Sentencing Guidelines available for defendants who plead prior to the Government's initiation of trial preparations pursuant to U.S.S.G. § 3E1.1(b), in the event your client has not entered a plea of guilty six weeks prior to trial, or prior to the provision of 3500 material, whichever is earlier. We will follow this policy whether or not suppression or other pretrial motions remain outstanding after this date and even if the trial date has not been announced by the Court six weeks in advance of the trial. Finally, please be advised that pursuant to the policy of the Office concerning plea offers, no plea offer is effective unless and until made in writing and signed by authorized representatives of the Office. In particular, discussions regarding the pretrial disposition of a matter that are not reduced to writing and signed by authorized representatives of the Office cannot and do not constitute a "formal offer" or a "plea offer," as those terms are used in Lafler v. Cooper, 132 S.Ct. 1376 (2012); Missouri v. Frye, 132 S.Ct. 1399 (2012). 0620.2018 EFTA00099136 Page 3 Bates Start Bates End Confidential Non-PDF Files Summary Description Designation SDNY_GM_00000001 SDNY_GM_00000002 Ghislaine Maxwell Joint Automated Booking System Summary SDNY_GM_00000003 SDNY_GM_00000044 Pen Register Orders and A . .lications SDNY_GM_00000045 SDNY_GM_00000717 Search Warrants and Applications Confidential SDNY_GM_00000718 SDNY_GM_00000833 Immigration and Travel Records for Jeffrey Epstein and Ghislaine Maxwell SDNY_GM_00000834 SDNY_GM_00000905 Unsealing materials pertaining to 15 Civ. 7433 RWS , 19 Misc. 149 CM SDNY_GM_00000906 SDNY_GM_00000962 Unsealing materials pertaining to 17 Civ. 0616 (SN), 19 Misc. 179 (SN) SDNY_GM_00000963 SDNY_GM_00000964 SDNY_GM_00000963 Airline Reporting Corporation records Confidential SDNY_GM_ 00000965 SDNY_GM_00000965 Alaska Airlines records Confidential SDNY_GM_00000966 SDNY_GM_00000976 SDNY_GM_00000967; SDNY_GM_00000969; SDNY_GM_00000971; SDNY_GM_00000973; SDNY_GM_00000974; SDNY_GM_00000976 Amazon Records Confidential SDNY_GM_00000977 SDNY_GM_00001012 American Airlines records Confidential SDNY_GM_00001013 SDNY_GM_00001014 SDNY_GM_00001014 Apple Records for Jeffrey Epstein Confidential SDNY_GM_00001015 SDNY_GM_00003637 AT&T Records Confidential SDNY_GM_00003638 SDNY_GM_00003701 Bank of America Records Confidential SDNY_GM_00003702 SDNY_GM_00003702 Century Li the number"... Confidential SDNY_GM_00003703 SDNY_GM_00004639 SDNY_GM_00004511 Citibank Records Confidential SDNY_GM_00004640 SDNY_GM_00004649 Delaware Division of Corporations Records relating to LSJ LLC SDNY_GM_00004650 SDNY_GM_00004655 Delta Airlines Records Confidential SDNY_GM_00004656 SDNY_GM_00004656 Confidential SDNY_GM_00004657 SDNY_GM_00004657 Ex. dia Records SDNY_GM_00004658 SDNY_GM_00004721 Experian Records Confidential SDNY_GM_00004722 SDNY_GM_00004762 Gold Coast Federal Credit Union records Confidential SDNY_GM_00004763 SDNY_GM_00004776 Google records regarding account information for Jeffrey Epstien and Ghislaine Maxwell Confidential SDNY_GM_00004776 SDNY_GM_00004781 Instagram records 06.20.2018 EFTA00099137 Page 4 SDNY_GM_00004782 SDNY_GM_00005414 Confidential SDNY_GM_00005415 SDNY_GM_00005416 MCC Re. nest for Emails SDNY_GM_00005417 SDNY_GM_00005417 Microsoft Records regarding account information for Jeffrey Epstein SDNY_GM_0005418 SDNY_GM_00005444 SDNY_GM_00005431; SDNY_GM_00005432; SDNY_GM_00005433; SDNY_GM_00005435 MoneyGram Records relating to Ghislaine Maxwell, and Confidential SDNY_GM_00005445 SDNY_GM_00005484 New York State Department of State records SDNY_GM_00005485 SDNY_GM_00005491 SDNY_GM_00005487; SDNY_GM_00005488; SDNY_GM_00005490; SDNY_GM_00005491 Oath Holdings records for Jeffrey Epstein email accounts Confidential SDNY_GM_00005492 SDNY_GM_0000553I Confidential SDNY_GM_00005532 SDNY_GM_00005676 Flight manifeiiiii records from 1991 -2013 Confidential SDNY_GM_00005677 SDNY_GM_00006060 SDNY_GM_00006007; SDNY_GM_00006008; SDNY_GM_00006009 SDNY_GM_00006010 Charles Schwab Records Confidential SDNY_GM_00006061 SDNY_GM_00006079 Shoppers Travel Records Confidential SDNY_GM_00006080 SDNY_GM_00006096 Southwest Records Confidential SDNY_GM_00006097 SDNY_GM_00006129 Capital One Records Confidential SDNY_GM_00006130 SDNY_GM_00007425 TD Bank Records Confidential SDNY_GM_00007426 SDNY_GM_00007641 SDNY_GM_00007521 -- SDNY_GM_00007580; SDNY_GM_00007620 -- SDNY_GM_00007641 PayPal Records Confidential SDNY_GM_00007642 SDNY_GM_00007677 SDNY_GM_00007642 SDNY_GM_00007654 -- SDNY_GM_00007658; SDNY_GM_00007666; SDNY_GM_00007676; SDNY GM_00007677 T-Mobile records Confidential SDNY_GM_00007678 SDNY_GM_00008136 Materials from Darren Indyke and Richard Kahn (Epstein Estate Executors) Confidential SDNY_GM_00008137 SDNY_GM_00008137 UMB Bank no records notification Confidential SDNY_GM_00008138 SDNY_GM_00008146 United Airlines records Confidential SDNY_GM_00008147 SDNY_GM_000 10164 SDNY_GM_00009087; SDNY_GM_00009088 UBS Bank records Confidential SDNY_GM_00010165 SDNY_GM_00010355 USAA records 06.20.2018 EFTA00099138 Page 5 SDNY_GM_00010356 SDNY_GM_000 10456 U.S. Virgin Islands Division of Corporations records for Laurel Inc, Maple Inc, and Nautilus, Inc Confidential SDNY_GM_00010457 SDNY_GM_000 10459 Venmo records Confidential SDNY_GM_00010460 SDNY_GM_000 10461 Verizon records Confidential SDNY_GM_00010462 SDNY_GM_000 11483 Flight manifest records Confidential from SDNY_GM_00011484 SDNY_GM_000 11488 Western Union record of no accounts found Confidential SDNY_GM_00011489 SDNY_GM_000 12474 SDNY_GM_00011489; SDNY_GM_00011490; SDNY_GM_00012217; SDNY_GM_00012220; SDNY_GM_00012305; SDNY_GM_00012359; SDNY_GM_00012382; SDNY_GM_000123% SDNY_GM_00012405 SDNY_GM_00012435 TD Ameritrade Materials Confidential SDNY_GM_00012475 SDNY_GM_000 12841 Materials from Confidential Very truly yours, AUDREY STRAUSS Acting United States Attorney by Ys Enclosure 06.20.2018 EFTA00099139