EFTA00095654.pdf

1100 Thud twenue GG COHEN & GRESSER LLP New York NY 10022 www.00hengeSSer.COM Mark S. Cohen Christian R. Eveniell +1 1212 957-7600 January 25, 2021 VIA ECF The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan: On behalf of our client, Ghislaine Maxwell, we will be filing the following pretrial motions with accompanying exhibits: I. Motion to Dismiss the Superseding Indictment for Breach of the Non-Prosecution Agreement 2. Motion to Dismiss Counts One through Four of the Superseding Indictment as Time- Barred 3. Motion Under the Due Process Clause to Suppress All Evidence Obtained from the Government's Subpoena to and to Dismiss Counts Five and Six 4. Motion to Dismiss Counts Five and Six of the Superseding Indictment Because the Alleged Misstatements Are Not Penurious as a Matter of Law 5. Motion for a Severance of and Separate Trial on Counts Five and Six of the Superseding Indictment 6. Motion to Strike Surplusage from the Superseding Indictment 7. Motion to Dismiss Counts One Through Six of the Superseding Indictment for Pre- Indictment Delay 8. Motion to Dismiss Either Count One or Count Three of the Superseding Indictment as Multiplicitous 9. Motion to Dismiss the Superseding Indictment as It Was Obtained in Violation of the Sixth Amendment 10. Motion for a Bill of Particulars and Pretrial Disclosures II. Motion Under the Fourth Amendment, Martindell, and the Fifth Amendment to Suppress All Evidence Obtained from the Government's Subpoena to and to Dismiss Counts Five and Six 12. Motion to Dismiss Counts One through Four of the Superseding Indictment for Lack of Specificity EFTA00095654 The Honorable Alison J. Nathan January 25, 2021 Page 2 Several of the motions reference or discuss Confidential Information produced in discovery and are therefore redacted pursuant to paragraph 15 of the Protective Order (Dkt. 36). In an abundance of caution, and to give the government the chance to review the proposed redactions, we will not file on the public docket any motions containing redactions until we are instructed to do so by the Court. Instead, we will submit by email to the Court and the government two versions of those motions—an unredacted original to be kept under seal and a version for public filing with proposed redactions-pursuant to Rule 2(B) of the Court's individual rules of criminal practice. We will file on the public docket any motions that do not contain redactions. Please contact us with any questions. Your consideration is greatly appreciated. Respectfully submitted, /s/ Mark S. Cohen Mark S. Cohen Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor New York New York 10022 cc: All counsel of record (via email) EFTA00095655