SDNY prosecutors' sealed application to unseal Maxwell discovery materials, Feb. 2019

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

IN RE APPLICATION TO UNSEAL CIVIL : SEALED AFFIRMATION AND DISCOVERY MATERIALS,¶

APPLICATION¶

USAO Reference No. 2018R01618.¶

ALEX ROSSMILLER, pursuant to Title 28, United States Code, Section 1746, hereby declares under penalty of perjury:¶

1. I am an Assistant United States Attorney in the office of Geoffrey S. Berman, United States Attorney for the Southern District of New York. I make this Affirmation and Application, pursuant to the All Writs Act, Title 28, United States Code, Section 1651, for a limited order to unseal discovery materials in the possession of Boies Schiller &

Flexner LLP, in connection with the matter of Ghislaine Maxwell, et al., 15 Civ. 7433 (RWS)¶

(S.D.N.Y.). As further discussed below, the materials are currently subject to a protective order issued by this Court. The Government seeks these materials in connection with a federal grand jury investigation.¶

2. On or about September 21, 2015, plaintiff filed a civil action in this Court against defendant Ghislaine Maxwell, arising from allegations that the

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defendant made defamatory statements denying that the plaintiff was a victim of sex crimes perpetrated by Jeffrey Epstein and Ghislaine Maxwell, among others (the “Litigation”). Attorneys for Boies Schiller & Flexner LLP, among others, represent the plaintiff. On or about March 18, 2016, this Court issued a protective order (the “Protective Order”) in that action. The Protective Order, attached hereto as Exhibit A, among other things restricted the parties from disclosing discovery materials marked “CONFIDENTIAL” to third parties, absent express permission from the Court. On or about May 24, 2017, the parties entered into a settlement agreement, and voluntarily dismissed the civil action.¶

3. I am one of the prosecutors in this district in charge of an ongoing investigation into JEFFREY EPSTEIN and others, for possible violations of Title 18, United States Code, Sections 1591 and 1594(c) (unlawfully trafficking minors) and Section 2422(b) (unlawfully enticing minors) (the “Investigation”). The existence and scope of the Investigation in this district is not publicly known. As a result, premature public disclosure of this affirmation or the requested order, including to other parties involved in the Litigation, could alert potential criminal targets that they are under investigation, causing them to destroy evidence, flee from prosecution, or otherwise seriously jeopardize the

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Investigation. Accordingly, this application is made ex parte and is requested to be filed under seal.¶

4. Based on publicly available information regarding the Litigation, including the complaint and other docketed filings that appear to make reference to certain subjects relating to the Investigation, the litigation files of Sigrid McCormickes Schiller & Flexner LLP, in the matter of v. Ghislaine Maxwell, et al., 15 Civ. 7433 (RWS) (S.D.N.Y.), are believed to contain information relevant to the ongoing Investigation.

5. The Government has served a grand jury subpoena upon Boies Schiller & Flexner LLP (the “Subpoena”) requiring the production of copies of discovery and related materials in the matter of v. Ghislaine Maxwell, et al., 15 Civ. 7433 (RWS) (S.D.N.Y.), solely for purposes of the above-referenced grand jury Investigation. However, the Government has been advised that although plaintiff’s counsel would not otherwise contest compliance with the Subpoena, plaintiff’s counsel believes that the Protective Order precludes plaintiff’s counsel from complying.

6. Accordingly, the Government respectfully requests that the Court issue an order permitting Boies Schiller & Flexner LLP to provide materials to the Government relating to case v. Ghislaine Maxwell, et al., 15 Civ.

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7433 (RWS) (S.D.N.Y.), in compliance with grand jury process, notwithstanding the Protective Order. Such materials will be used solely in connection with the above-referenced grand jury Investigation.¶

7. Because this application pertains to an ongoing grand jury investigation, the existence of which is not publicly known, it is requested that this Affidavit and Application, and any resulting Order except as to the recipients of such Order, be sealed pending further order of this Court.

WHEREFORE, it is respectfully requested that the Court grant this Application for an Order permitting Boies Schiller & Flexner LLP to comply with grand jury process to provide materials to the Government relating to case v. Ghislaine Maxwell, et al., 15 Civ. 7433 (RWS) (S.D.N.Y.), notwithstanding the Protective Order.¶

The foregoing is true under penalty of perjury.¶

ALEX’ ROSSMILLER¶

Assistant United States Attorney¶

Tel. (212) 637-2415¶

Dated: New York, New York¶

February 5, 2019¶

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