U.S. Department of Justice¶
United States Attorney Southern District of New York¶
August 5, 2020¶
By Email & Hand¶
Christian Everdell, Esq.¶
Mark Cohen, Esq.¶
Cohen & Gresser LLP¶
Laura Menninger, Esq.¶
Jeffrey Pagliuca, Esq.¶
Haddon, Morgan and Foreman, P.C.¶
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. $ ^{1} $¶
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} $¶
1 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.¶
06.20.2018¶
EFTA00040593¶
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).¶
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EFTA00040594¶
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_00000004 | Pen Register Orders and Applications | ||
| 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) | Confidential | |
| SDNY_GM_00000906 | SDNY_GM_00000962 | Unsealing materials pertaining to 17 Civ. 0616 (SN), 19 Misc. 179 (SN) | Confidential | |
| 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 Link Records for 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 | School Records | Confidential | |
| SDNY_GM_00004657 | SDNY_GM_00004657 | Expedia 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 Epstein and Ghislaine Maxwell | Confidential | |
| SDNY_GM_00004776 | SDNY_GM_00004781 | Instagram records |
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EFTA00040595¶
Page 4¶
| Records | Confidential | |||
|---|---|---|---|---|
| SDNY_GM_00004782 | SDNY_GM_00005414 | |||
| SDNY_GM_00005415 | SDNY_GM_00005416 | MCC Request for Emails | ||
| SDNY_GM_00005417 | SDNY_GM_00005417 | Microsoft Records regarding account information for Jeffrey Epstein | ||
| SDNY_GM_00005418 | SDNY_GM_00005444 | 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 | Oath Holdings records for Jeffrey Epstein email accounts | Confidential | |
| SDNY_GM_00005492 | SDNY_GM_00005531 | School Records | Confidential | |
| SDNY_GM_00005532 | SDNY_GM_00005676 | Flight manifests and records from David Rodgers, 1991 - 2013 | Confidential | |
| SDNY_GM_00005677 | SDNY_GM_00006060 | 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 | PayPal Records | Confidential | |
| SDNY_GM_00007642 | 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_00010164 | UBS Bank records | Confidential | |
| SDNY_GM_00010165 | SDNY_GM_00010355 | USAA records |
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EFTA00040596¶
Page 5¶
| SDNY_GM_00010356 | SDNY_GM_00010456 | U.S. Virgin Islands Division of Corporations records for Laurel Inc, Maple Inc, and Nautilus, Inc | Confidential | |
|---|---|---|---|---|
| SDNY_GM_00010457 | SDNY_GM_00010459 | Venmo records | Confidential | |
| SDNY_GM_00010460 | SDNY_GM_00010461 | Verizon records | Confidential | |
| SDNY_GM_00010462 | SDNY_GM_00011483 | Flight manifest records from Lawrence Visoki | Confidential | |
| SDNY_GM_00011484 | SDNY_GM_00011488 | Western Union record of no accounts found | Confidential | |
| SDNY_GM_00011489 | SDNY_GM_00012474 | SDNY_GM_00011489; SDNY_GM_00011490; SDNY_GM_00012217; SDNY_GM_00012220; SDNY_GM_00012305; SDNY_GM_00012359; SDNY_GM_00012382; SDNY_GM_00012396; SDNY_GM_00012405; SDNY_GM_00012435 | TD Ameritrade Materials | Confidential |
| SDNY_GM_00012475 | SDNY_GM_00012841 | Materials from | Confidential |
Very truly yours,¶
Acting United States Attorney¶
Enclosure¶
06.20.2018¶
EFTA00040597¶