EFTA00011418.pdf

COHEN & GRESSER LLP October 13, 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 800 Third Pianos New York, NY 10022 ♦1 212 957 7600 phono www colsmipossoo corn We write on behalf of our client, Ghislaine Maxwell, to set forth requests for discovery and Brady material. Based on our review of the government's productions of August 5, 2019, August 13, 2019, and August 21, 2020, we make the following requests for discovery, inspection, and copying, in accordance with the guarantees of the Fourth, Fifth, and Sixth Amendments, Rule 16 of the Federal Rules of Criminal Procedure, the Federal Rules of Evidence, and such other laws and rules as may be applicable. We are still reviewing these productions, as well as the government's most recent production of October 2, 2020, and reserve the right to supplement these requests as necessary. 1. We request any oral, written, or recorded statements made by Ms. Maxwell, aside from the statements made in prior civil case proceedings that you produced on August 13, 2020 and the statements made at the time of arrest, which you produced on August 21, 2020. Fed. R. Crim. P. 16(a)(1)(A), (B). 2. We request that the government disclose and identify any statements of alleged co- conspirators that it intends to introduce at trial. 3. We request any prior criminal records of Ms. Maxwell. Fed R. Crim. P. 16(a)(1)(D). 4. We request any books, papers, documents, data, photographs, tangible objects, buildings or places, or copies or portions of any of these items. Fed R. Crim. P. 16(a)( I )(E). EFTA00011418 October 13, 2020 Page 2 a. Based on our review of the discovery, it does not appear that any documents or tangible objects were obtained from Ms. Maxwell through a search warrant or a search incident to arrest. Please confirm this. b. We will schedule a time in the near future to inspect the originals of photographs and any other evidence (including documents and tangible objects) that have already been disclosed. 5. We request the results or reports of any physical or mental examination and of any scientific test or experiment. Fed R. Crim. P. 16(a)(1)(F). 6. We request a written summary of any testimony that the government intends to introduce at trial under Federal Rules of Evidence 702, 703 or 705, which summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. Fed R. Crim. P. 16(a)(1)(G). 7. We request that the government disclose the identities of the individuals identified in the indictment as Minor Victims 1-3. 8. We request that the government disclose the complete birthdays of the individuals identified in the indictment as Minor Victims 1-3. 9. We request all written and oral communications concerning the negotiations relating to the Non-Prosecution Agreement ("NPA") signed by Jeffrey Epstein on September 24, 2007. Such communications include: a. All communications between the government — including, but not limited to, attorneys and staff at the U.S. Attorney's Office for the Southern District of Florida, the United States Attorney's Office for Southern District of New York, the Department of Justice, state prosecutor's offices, the FBI, and any other federal and state investigative agencies — and Mr. Epstein's attorneys. b. All communications between and among any government employees including, but not limited to, attorneys and staff at the U.S. Attorney's Office for the Southern District of Florida, the United States Attorney's Office for Southern District of New York, the Department of Justice, state prosecutor's offices, the FBI, and any other federal and state investigative agencies. c. Unredacted copies of all emails and other correspondence between the government and Mr. Epstein's attorneys concerning the negotiation of the NPA, which you previously produced on August 13, 2020. See, e.g., SDNY GM 00134069 et seq. EFTA00011419 October 13, 2020 Page 3 10. We request that the government produce a complete copy of the diary, only seven pages of which were produced by the government on August 21, 2020. See SDNY GM 00165982-00162988.i II. We request a complete, unredacted copy of the FBI 302 produced by the government on August 13, 2020, bearing Bates numbers SDNY_GM_00114982-00114993. 12. We request that the government produce all versions and drafts of the book/memoir "The Billionaires Playboy Club" produced by the government on August 13, 2020, and identify the dates of each version/draft. See, e.g., SDNY_GM_00117607-608, 00117626-635, 00117637-640, 00117726-727, 00117761-762, 00117836-837 (sample list). 13. We request the following documents and materials related to the individuals identified in the indictment as Minor Victims 1-3 and for any other witness who has alleged that Ms. Maxwell engaged in or facilitated improper sexual conduct at any time up to the present: a. All diaries, notes, journals, e-mails, text messages, letters, or other writings by these individuals, including but not limited to, all written communications between these individuals and Mr. Epstein or Ms. Maxwell; b. All travel and immigration records, as well as copies of any passports and travel documents; c. All school records or other educational records; d. All phone records; e. All photographs; f. All financial records, including all records reflecting any payments or money transfers from Mr. Epstein or his associated businesses to these individuals or their family members or their counsel; g. All police reports or complaints to law enforcement authorities filed by these individuals; h. Any submissions to the Epstein Victims' Compensation Program made by any of these individuals; i. All communications between or among these individuals, or between these individuals and counsel for any other such individual, including but not limited to, emails, text messages, social media posts, and other correspondence; j. All public statements made by these individuals concerning Mr. Epstein or Ms. Maxwell; k. Any record or report of any physical, medical, mental, or psychological examination of these individuals; 1 We also make this request, as well as Requests 11.16, pursuant to the government's Brady obligations. EFTA00011420 October 13, 2020 Page 4 I. Any record, report or other document reflecting the use or abuse of alcohol or any legal or illegal drug, including marijuana; m. All written and oral communications between the government and the attorneys for these individuals — including , but not limited to, , David Boies, Sigrid McCawley, Peter Skinner, Stanley Pottinger, Paul Cassell, Spencer Kuvin, and (the "Attorneys") — concerning or relating to Mr. Epstein and/or Ms. Maxwell. 14. We request all written and oral communications and other documents concerning any meetings between the Attorneys and prosecutors and staff from the United States Attorney's Office for the Southern District of New York ("SDNY") concerning Jeffrey Epstein and/or Ghislaine Maxwell. a. This request includes all communications and documents related to any meetings that took place in or about 2016 in which certain of the Attorneys met with SDNY prosecutors to ask SDNY to initiate a criminal investigation into Mr. Epstein and Ms. Maxwell. See New York Daily News, "Manhattan Federal Prosecutors Declined to Pursue Jeffrey Epstein and Ghislaine Maxwell Case in 2016: Sources" (Oct. 13, 2020), https://www.rntdailynews.com/new-vork/ny- jeffrey-epstein-maxwell-case-20201013-jmzh17zdrzdgrbbs7ycobfnszu- storv.html ; see also Relentless Pursuit: My Fight for the Victims of Jeffrey Epstein, at 281. b. This request also includes all communications and documents related to any meetings between any of the Attorneys and SDNY prosecutors and staff conc