U.S. Department of Justice

United States Attorney

Southern District of New York

The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New York 10007

October 20, 2020

## BY ELECTRONIC MAIL

Christian Everdell, Esq.

Mark Cohen, Esq.

Cohen & Gresser LLP

800 Third Avenue

New York, NY 10022



Laura Menninger, Esq.

Jeffrey Pagliuca, Esq.

Haddon, Morgan and Foreman, P.C.

150 East Tenth Avenue

Denver, CO 80203



Bobbi Sternheim, Esq.

Law Offices of Bobbi C. Sternheim

33 West 19th Street-4th Fl.

New York, NY 10007

## Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)

Dear Counsel:

In recognition of the Government’s ongoing discovery obligations, today we are producing copies of the materials listed in the below index, which materials are stamped with control numbers SDNY_GM_00328070 through SDNY_GM_00356148. The password for the drive is "USAOsdny1!". The materials are available for pickup at the U.S. Attorney's Office in Manhattan.

Please note that both this letter and the enclosed materials are governed by the July 31, 2020 Protective Order in this case. $ ^{1} $ This letter is itself designated as “confidential,” because it includes information regarding records designated as “confidential” under the Protective Order. An index of the materials contained in this production is below:

$ ^{1} $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.”

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<table><thead><tr><th>Bates Start</th><th>Bates End</th><th>Summary Description</th><th>Confidential Designation</th></tr></thead><tbody><tr><td>SDNY_GM_00328070</td><td>SDNY_GM_00328072</td><td>2020.07.02, Aerial Video</td><td></td></tr><tr><td>SDNY_GM_00328073</td><td>SDNY_GM_00328092</td><td>FBI Florida Documents</td><td>Confidential</td></tr><tr><td>SDNY_GM_00328093</td><td>SDNY_GM_00328289</td><td>FBI NY Documents</td><td></td></tr><tr><td>SDNY_GM_00328290</td><td>SDNY_GM_00328461</td><td>Misc. Photos</td><td>Confidential</td></tr><tr><td>SDNY_GM_00328462</td><td>SDNY_GM_00328667</td><td>PBPD Materials</td><td></td></tr><tr><td>SDNY_GM_00328668</td><td>SDNY_GM_00329968</td><td>PBPD Materials</td><td>Confidential</td></tr><tr><td>SDNY_GM_00329969</td><td>SDNY_GM_00330052</td><td>PBPD Materials</td><td>Highly Confidential</td></tr><tr><td>SDNY_GM_00330053</td><td>SDNY_GM_00332355</td><td>PBSA Materials</td><td>Confidential</td></tr><tr><td>SDNY_GM_00332356</td><td>SDNY_GM_00332436</td><td>Scans of FBI Evidence</td><td></td></tr><tr><td>SDNY_GM_00332437</td><td>SDNY_GM_00332863</td><td>Scans of FBI Evidence</td><td>Confidential</td></tr><tr><td>SDNY_GM_00332864</td><td>SDNY_GM_00332869</td><td>Scans of FBI Evidence</td><td>Highly Confidential</td></tr><tr><td>SDNY_GM_00332870</td><td>SDNY_GM_00332871</td><td>Video from Florida Investigation</td><td>Highly Confidential</td></tr><tr><td>SDNY_GM_00332872</td><td>SDNY_GM_00332887</td><td>Videos from Florida Investigation</td><td>Confidential</td></tr><tr><td>SDNY_GM_00332888</td><td>SDNY_GM_00332890</td><td>SDFL Materials</td><td>Confidential</td></tr><tr><td>SDNY_GM_00332891</td><td>SDNY_GM_00332891</td><td>SDFL Materials</td><td>Highly Confidential</td></tr><tr><td>SDNY_GM_00332892</td><td>SDNY_GM_00332894</td><td>FBI Florida Documents</td><td></td></tr><tr><td>SDNY_GM_00332895</td><td>SDNY_GM_00332928</td><td>FBI FL Documents (included with 328073-328092)</td><td>Confidential</td></tr><tr><td>SDNY_GM_00332943</td><td>SDNY_GM_00332958</td><td>3-D Blueprints, in PBPD Materials (included with 328462-328667)</td><td></td></tr><tr><td>SDNY_GM_00332949</td><td>SDNY_GM_00356148</td><td>FBI FL Documents from Discs</td><td>Confidential and Highly Confidential</td></tr></tbody></table>

Additionally, as you are aware, the Government has seized and extracted data from multiple electronic devices in connection with search warrants executed at Jeffrey Epstein’s properties in New York and the Virgin Islands. The data from those devices has been subject to a privilege review, based on privileges asserted by Jeffrey Epstein’s estate. Because the estate has not waived any of those privileges, the Prosecution Team in this case will not have access to any materials from those devices identified as privileged by the taint review team, and the Government will not produce any such privileged material to the defense in this case.

Further, it is the Government’s current understanding that none of the seized devices belonged to the defendant, Ghislaine Maxwell, and as a result, it is the Government’s understanding that the Prosecution Team is not legally permitted to provide you with the full set of non-privileged materials that were extracted from the devices. Instead, the Government anticipates producing only the materials designated responsive to the relevant warrants authorizing the search of these devices. Correspondingly, upon completion of the responsiveness review, the Prosecution Team will only have access to that same set of non-privileged materials deemed responsive to the relevant warrants. The Government expects to produce these responsive, non-privileged materials to you by the November 9, 2020 deadline for completion of discovery.

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The Government recognizes that its discovery obligations are ongoing and will promptly produce any additional discoverable material of which it becomes aware. Please do not hesitate to reach out if you have any difficulty accessing these materials or if you wish to arrange a time to review physical items in the FBI’s custody.

Very truly yours,

AUDREY STRAUSS

Acting United States Attorney



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