EFTA00026909

EFTA02729648

EFTA00031263

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA S 120 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S OMNIBUS MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S PRE-TRIAL MOTIONS AUDREY STRAUSS United States Attorney Southern District of New York Attorney for the United States of America Assistant United States Attorneys - Of Counsel - EFTA00039421 TABLE OF CONTENTS PRELIMINARY STATEMENT 1 BACKGROUND 2 ARGUMENT 3 I. Jeffrey Epstein's Non-Prosecution Agreement Is Irrelevant to This Case 3 A. The NPA Does Not Bind the Southern District of New York 4 1. The Text of the Agreement Does Not Contain a Promise to Bind Other Districts 5 2. The Defendant Has Offered No Evidence That the NPA Binds Other Districts 9 B. The NPA Does Not Immunize Maxwell from Prosecution 15 1. The NPA Is Limited to Particular Crimes Between 2001 and 2007 15 2. The NPA Does Not Confer Enforceable Rights on Maxwell 17 C. The Defendant

90A-NY-3151227 Serial 64

90A-NY-3151227 Serial 64 FD-302 (Rev. 5-8-10) •1 of 1. FEDERAL BUREAU OF INVESTIGATION Date of entry 08/28/2019 On August 16, 2019, at the Metropolitan Correctional Center (MCC) III , New York, NY, Special Agent (SA) , SA , TFO , OIG Investigator and MCC Lt. interviewed LEONARDO FERNANDEZ, MCC Inmate #86824-054. After being advised of the identities of the agents and the purpose of the interview, FERNANDEZ provided the following information: On Friday (August 09, 2019), FERNANDEZ was housed in Cell 218 on L-TIER of the Special Housing Unit within MCC. He received a visit from his girlfriend, TYRELYSHANTI CRIAG, that day. He was suspected of receiving contraband at the visit and was placed in the dry room for approximately 25 hours. FERNANDEZ was then moved to K tier Cell 111. FERNANDEZ last day being housed in L Tier was Friday (August 9, 2019) prior to his visit. FERNANDEZ remembers that JEFFREY EPSTEIN would be in legal from approximately 9am to 9pm and he was

EFTA Document EFTA01333221

EFTA00026872