DOJ-OGR-00007410.pdf

--- Page 1 --- The Honorable Alison J. Nathan November 15, 2021 Page 2 Case 1:20-cr-00330-PAE Document 490 Filed 11/22/21 Page 2 of 3 page that the government intends to offer has various handwritten notations on the copy. The book, as an entire document, contains numerous handwritten notations, added tabs, and additional handwritten pages. The government does not explain how the one selected page is authentic and does not identify any Fed., R. Evid 602 basis for the witness's testimony about the book. The evidentiary proffer by the government glosses over what limited facts the witness may have actual knowledge about: that she saw copies of address books in the Palm Beach Residence beginning in She cannot say that Exhibit 52 was one of these books and she cannot comment about the alterations made by Mr. Rodriguez. There is no other address book to compare with Exhibit 52. Other witnesses dispute the characterization of the books as proffered by the government. The party offering an exhibit must demonstrate "evidence sufficient to support a finding that the matter in question is what its proponent claims." Fed. R. Evid. 901(a). "The requirement under Rule 901 is satisfied "if sufficient proof has been introduced so that a reasonable juror could find in favor of authenticity or identification." " United States v. Dhinsa, 243 F.3d 635, 658 (2d Cir.2001) (quoting United States v. Ruggiero, 928 F.2d 1289, 1303 (2d Cir.1991)). The government cannot meet this minimal threshold here. Ms. Maxwell respectfully suggests that this issue cannot be resolved by the Court without consideration of the evidence and the witness through whom the government will attempt Southern District of Florida for a $1.2 billion Ponzi scheme, involving falsifying documents, including police reports and court pleadings, specifically against Epstein; blackmailing targeted defendants to settle false allegations of sexual harassment and abuse; and devising an investment scheme involving pre-trial funding in the guise of structured settlements.