Ghislaine Maxwell affidavit and waiver of extradition, December 2020

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK¶

UNITED STATES OF AMERICA,¶

• against -

GHISLAINE MAXWELL,¶

Docket No. 20-CR-330 (AJN)¶

Defendant.¶

AFFIDAVIT AND WAIVER OF EXTRADITION¶

Ghislaine Maxwell, being duly sworn, deposes and says:¶

1. I am the named defendant in the above-captioned case. I am a citizen of the United States, the United Kingdom, and France. I have resided in the United States since approximately 1991. I am currently incarcerated at the Metropolitan Detention Center in Brooklyn, New York.

2. I have reviewed with my counsel, Mark S. Cohen and Christian R. Everdell of Cohen & Gresser, LLP, the charges contained in the superseding indictment in the above-captioned case (the “Indictment”). In addition, I have been informed by United States and United Kingdom counsel, with whom I am satisfied, of my rights under the United Kingdom’s Extradition Act 2003 (the “Act”), which gives effect to the Extradition Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America (the “Treaty”). I understand that, in proceedings in the United Kingdom under the Act in respect of an extradition request by the United States under the Treaty in connection with the Indictment, I would be entitled to argue that I should not be extradited to the United States. I understand that in the absence of my consent to extradition, I cannot be

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surrendered to the United States authorities unless and until a court in the United Kingdom issues a ruling finding that there are no bars to my extradition.¶

3. If I am released on bail in connection with the Indictment, I hereby voluntarily and irrevocably waive any rights to contest any extradition request by the United States under the Treaty with respect to the offenses charged in the Indictment. Specifically, I consent to extradition pursuant to Part 2 sections 127 and 128 of the Act in connection with the offenses charged in the Indictment. In addition, to the extent that it might be relevant, I waive any rights to assert that any bars to extradition apply, and I confirm that no such bars apply.

4. In the event that I violate my bail conditions after being released, I understand that the purpose of this affidavit is for the government to offer it to the authorities in the United Kingdom when my extradition is sought by the United States government in relation to the charges in the Indictment. I understand that the United Kingdom authorities may use this affidavit to assist in determining my extraditability.

5. I make this waiver freely and voluntarily, after having consulted with counsel.

Dated this ___ day of December 2020.¶

Ghislaine Maxwell¶

I hereby certify that on this ___ day of December 2020, Ghislaine Maxwell personally appeared before me and made his oath in due form of law that the statements herein are true.¶

The Honorable Alison J. Nathan United States District Judge Southern District of New York¶

2¶

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Annex D¶

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Annex D – time-limits in relation to US extradition requests under the Extradition Act

2003

Stage	Time-limit
Preliminary stages
Certification of the extradition request	No statutory time-limit1 Comment[1]: there is no consistent practice as to the length of time that it takes to certify an extradition request. Some requests are certified within days; in other cases, certification takes several months. Requests are certified more quickly in cases where the US authorities request expedition
The sending of the request and the certificate to the extradition judge	No statutory time-limit2 Comment[2]: in practice, the documents are usually sent to the appropriate judge on the same day that the request is certified
Arrest under a provisional warrant	The requested person must be brought before the extradition judge“as soon as practicable” after arrest, unless bail is granted by the arresting officer3 The full extradition request must be served within 65 days4 Comment[3]: bail is rarely granted prior to the requested person's production in court and never in cases where the Crown Prosecution Service objects to bail
Arrest pursuant to a full extradition request	The requested person must be brought before the extradition judge“as soon as practicable” after arrest, unless bail is granted by the arresting officer5 Comment[4]: see Comment[3]

$$\textsuperscript{1} \text{ Extradition Act 2003, s. 70(1)}.$$¶

$ ^{2} $ Extradition Act 2003, s. 70(9).¶

$$\text{3 Extradition Act 2003, s. 74(3)}.$$¶

4 Extradition Act 2003, s. 74(11)(b) and Extradition Act 2003 (Designation of Part 2 Territories) Order 2003/3334, Art. 2.¶

$$ ^{5} \text{ Extradition Act 2003, s. 72(3)}. $$¶

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Cases where the requested person consents to extradition
Sending the case to the Secretary of State	No statutory time-limit6 Comment[5]: in practice, where the requested person consents to extradition, the case is sent to the Secretary of State straight away
Order for extradition	Two months of the date on which the case is sent to the Secretary of State7 Comment[6]: where the requested person consents to extradition, the Secretary of State does not need to wait four weeks to consider any representations from the requested person before ordering extradition: section 93(7)
Removal	28 days of the order for extradition8
Cases where there is an extradition hearing
The date of the extradition hearing(provisional arrest)	Two months from the date on which the Secretary of State sends the documents to the extradition judge. That date can be extended by the extradition judge on application by one of the parties where the judge considers it to be“in the interests of justice”to fix a later date.The time-limit can be extended more than once9 Comment[7]: in practice,the extradition judge often“opens”the extradition hearing at the initial hearing with the effect that this time-limit ceases to run
The date of the extradition hearing(arrest pursuant to a full request)	Two months from the initial hearing.That date can be extended by the extradition judge on application by one of the parties where the judge considers it to be“in the interests of justice”to fix a later date.The time-limit can be extended more than once10 Comment[8]: in practice,the extradition judge often“opens”the extradition hearing at the initial hearing with the effect that this time-limit ceases to run

6 Extradition Act 2003, s. 128.¶

7 Extradition Act 2003, s. 99(3).¶

$ ^{8} $ Extradition Act 2003, s. 117(2)(a).¶

9 Extradition Act 2003, s. 76(3)–(4).¶

$$\textsuperscript{10} \text{Extradition Act 2003, s. 75(2)-(3)}.$$¶

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Sending the case to the Secretary of State	No statutory time-limit$^{11}$ Comment[9]: in practice, the judge sends the case to the Secretary of State straight away
Order for extradition	Two months of the date on which the case is sent to the Secretary of State$^{12}$ Extradition may not be ordered during the first four weeks of this period（‘the permitted period’）to allow the requested person to make representations$^{13}$
Cases where there is no appeal
Removal	28 days starting with: (a) the day on which the requested person is informed that an order for extradition has been made(in cases where no in-time appeal is lodged); or(b) the day on which leave to appeal is refused by the High Court$^{14}$
Cases where there is an appeal
Lodging an application for permission to appeal a decision to send the case to the Secretary of State	Notice of application for leave to appeal must be lodged within 14 days of the day on which the requested person was informed of the Secretary of State's decision to order extradition$^{15}$ This time-limit may be extended if the person "did everything reasonably possible to ensure that the notice was given as soon as it could be given"$^{16}$
Lodging an application for permission to appeal against an order for extradition	Notice of application for leave to appeal must be lodged within 14 days of the day on which the requested person was informed of the Secretary of State's decision to order extradition$^{17}$

11 Extradition Act 2003, s. 87.¶

$$ ^{12} \text{ Extradition Act 2003, s. 99(3)}. $$¶

$$ ^{13} \text{ Extradition Act 2003, s. 93(5)–(6).} $$¶

14 Extradition Act 2003, s. 117(1)–(2).¶

15 Extradition Act 2003, s. 103(9).¶

16 Extradition Act 2003, s. 103(10).¶

17 Extradition Act 2003, s. 108(4)(b).¶

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	An application may be lodged out of time only where it appears to the High Court that(a)the appeal is necessary to avoid real injustice,and the circumstances are exceptional and make it appropriate for the appeal to be heard;or(b)the person did everything reasonably possible to ensure that the notice was given as soon as it could be given $ ^{18} $
Lodging an application for permission to appeal against discharge at the extradition hearing	Notice of application for leave to appeal must be lodged within 14 days of the day on which the order for discharge was made$ ^{19} $ This time-limit may not be extended
Lodging an application for permission to appeal against discharge by the Secretary of State	Notice of application for leave to appeal must be lodged within 14 days of the day on which the requesting government is informed of the order for discharge$ ^{20} $ This time-limit may not be extended
Lodging an application for leave to appeal to the High Court	14 days,starting on the day on which the court makes it decision on the appeal to it$ ^{21}$
Lodging an application to the Supreme Court for leave to appeal	14 days,starting on the day on which the High Court refuses leave to appeal$ ^{22}$
Lodging an appeal if leave it granted	28 days starting on the day on which leave is granted$ ^{23}$
Extradition following appeal
Removal	28 days starting with:(a)the day on which the decision of the relevant court becomes final,or(b)the day on which proceedings on the appeal are discontinued$ ^{24} $

18 Extradition Act 2003, s. 108(7A) and (8).¶

$$ ^{19} \text{ Extradition Act 2003, s. 105(5)}. $$¶

$ ^{20} $ Extradition Act 2003, s. 110(5).¶

$ ^{21} $ Extradition Act 2003, s. 114(5).¶

22 Extradition Act 2003, s. 114(6).¶

23 Extradition Act 2003, s. 114(7).¶

24 Extradition Act 2003, s. 118(2).¶

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In cases where there is no appeal to the Supreme Court, the relevant court is the High Court and the decision becomes final when the period for applying for permission to appeal ends and there is no such application, or leave to appeal is refused25. In cases where there is an appeal to the Supreme Court, the relevant court is the Supreme Court and the decision becomes final when it is made26.

25 Extradition Act 2003, s. 118(3) and (4).¶

$$ ^{26} \text{ Extradition Act 2003, s. 118(3) and (6).} $$¶

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