COHEN & GRESSER LLP¶
800 Third Avenue New York, NY 10022 +1 212 957 7600 phone www.cohengresser.com¶
Christian R. Everdell¶
+1 (212) 957-7600¶
August 27, 2020¶
BY EMAIL¶
United States Attorney’s Office Southern District of New York¶
1 St. Andrew’s Plaza¶
New York, NY 10007¶
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)¶
Dear Ms. Comey, Ms. Moe, and Ms. Pomerantz:¶
We write to alert you to several problems with the discovery productions that have been provided to Ms. Maxwell in the MDC, and to register our dissatisfaction with the manner in which that discovery was provided.¶
First, according to Judge Nathan’s scheduling order (Dkt. 25), the deadline for completing production of initial non-electronic discovery was Friday, August 21, 2020. Ms. Maxwell did not receive her copy of the third and final production in this phase of discovery until the late morning on Tuesday, August 25, several days after the deadline imposed by the court. It is critical that Ms. Maxwell receive her copy of the discovery productions in a timely manner and on the schedule set by the court. We trust that the government will abide by these deadlines as it produces the remainder of the discovery by November 9, 2020.¶
Second, Ms. Maxwell has experienced numerous difficulties reviewing the documents provided to her in discovery. For example, she cannot open any of the documents listed in the chart below. Ms. Maxwell also cannot open any audio or video files. $ ^{1} $¶
Accordingly, we request that the government (1) immediately reproduce to Ms. Maxwell, on a new hard drive, the entire set of initial non-electronic discovery (Bates numbers SDNY_GM_00000001 – SDNY_GM_00174966) in a format that she can access on her computer¶
1 On our call earlier today, you indicated that you received word from Holly Pratesi at the MDC that the problem with the audio and video files may have been resolved. We have not been able to confirm this with Ms. Maxwell, but we will do so the next time we speak with her. If the problem has not been resolved, we will notify you.¶
EFTA00073194¶
August 27, 2020¶
Page 2¶
at the MDC, and (2) provide the appropriate software tools that will allow her to review all of the discovery files.¶
| Discovery Drive No | Bates Numbers |
|---|---|
| Discovery Drive 1 | 963-1284 |
| 3699-3700 | |
| 3703-4639 | |
| 4791 | |
| 5417 | |
| 5431-5432 | |
| 5435 | |
| 5487-5488 | |
| 5490-5491 | |
| 6007-6010 | |
| 6097-6129 | |
| 6130-7086 | |
| 7426-7461 | |
| 7521-7581 | |
| 7654-7650 | |
| 7666 | |
| 7676-7677 | |
| 9087-9088 | |
| 11489-11491 | |
| 12200 | |
| 12217 | |
| 12305 | |
| 12359 | |
| 12376 | |
| 12382 | |
| 12396 | |
| Discovery Drive 2 | 20171 |
| 20182 | |
| 20225 | |
| 20269 | |
| 20277 | |
| 20333 | |
| 20335 | |
| 20337 | |
| 23699 | |
| 29787 |
EFTA00073195¶
August 27, 2020¶
Page 3¶
| 36700 | |
| 68242 | |
| 68243-68244 | |
| Discovery Drive 3 | 76863-78659 |
| 78660-81546 | |
| 86557-96055 | |
| 96056-110316 | |
| 153906 | |
| 155211-156068 | |
| 156069-157024 | |
| 157025-157521 | |
| 157522-157588 | |
| 157589-157617 | |
| 157618-159387 | |
| 161772-164232 | |
| 164817-164919 | |
| 164920-165517 |
Thank you in advance for your assistance in this matter.¶
Sincerely,¶
/s/ Christian Everdell¶
Christian R. Everdell¶
COHEN & GRESSER LLP¶
800 Third Avenue, 21st Floor¶
New York, New York 10022¶
(212) 957-7600¶
cc: Mark S. Cohen, Esq. Jeff Pagliuca, Esq. Laura Menninger, Esq.¶
EFTA00073196¶