EFTA00031589.pdf

From: " To: a ( (JSANYS) [Contractor]" ((JSANYS) [Contractor]" < Cc: " "=, (USANYS)" Subject: FW: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Date: Tue, 16 Mar 2021 22:40:38 +0000 Attachments: 2021.03.16_Maxwell_Discovery_Letter.pdf; SDNY GM 02743101_[CONFIDENTIAL].xlsx; SDNY GM 02743102_[CONFIDENTIAL].xlsx Inline-Images: image001.jpg FYI From: Sent: Tuesday, March 16, 2021 6:40 PM To: 'Laura Menninger' <Imenninger@hmflaw.com>; I <>; (USANYS) <M> Cc: 'Jeff Pagliuca' <jpagliuca@hmflaw.com>; 'Christian R Everdell - Cohen & Gresser LLP (ceverdell@cohengresser.com)' <ceverdell@cohengresser.com>; 'BOBBI C STERNHEIM' <bcsternheim@mac.com> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes All, Attached please find two spreadsheets documenting all physical evidence in the FBI's custody, as well as a corresponding discovery cover letter. We are sending a copy of these files to the MDC for your client as well. In response to your questions, the FBI has informed me of the following: Regarding the Highly Confidential nude/partially nudge images to be reviewed at 500 Pearl: • There are three categories of these images: o Approximately 2,100 electronic images and videos seized from Epstein's electronic devices (which have not been previously provided to you) o Approximately 3,400 electronic images from discs seized from Epstein's residences in 2019 (which have previously been provided to you and your client for review at the MDC) o Approximately 7 hard copy nude images located in the file from the FBI Florida office's investigation of Epstein (which have not been previously provided to you) • The FBI will make all three of those categories available to you. The electronic files will be provided on hard drives, and the FBI will provide you with the hard copy images for review as well. o All electronic images should be viewable as thumbnails, except those seized from Apple devices, which must be viewed using Cellebrite. o The Cellebrite software will be provided on the drive for your review of images and videos seized from Apple devices. o The electronic files have the same metadata on the hard drive that was available when the FBI seized each image. For images that were carved or deleted, no metadata was recovered, so none is viewable. For all other images, the metadata recovered should be viewable on the hard drive. o The approximately 2,100 electronic images and videos seized from Epstein's devices are separated by folder to indicate which device each image was seized from. EFTA00031589 • Because these images are considered obscene material, the FBI is not permitted to make duplicates of them, and there is a limited number of clean laptops on which these images can be reviewed. As a result, the FBI is only able to provide a single laptop for review of these images. Regarding the physical evidence: • Attached are two lists of all physical items in the FBI's custody relating to this case. The first list relates to items associated with the FBI Florida office's investigation of Epstein. The second list relates to items associated with the FBI New York office's current investigation. • The vast majority of physical evidence in the FBI's custody is located at the FBI's warehouse in the Bronx. Two items (18 77 & 1B 79) are located at 26 Federal Plaza, but the case agents can check those items out from 26 Federal Plaza and bring them to the Bronx warehouse on whatever day you choose to conduct your review so that you will have all evidence in one place. • The FBI is able to arrange for the defense team to review all physical evidence at the Bronx warehouse under the following conditions: o The warehouse requires at least two weeks' notice in order to pull all of the items for the entire case and place them in a location where a large group of people can view them. o The warehouse is open during normal business hours between 9am and 5pm on weekdays. o At least two FBI agents and an AUSA will be present at the Bronx warehouse to assist and answer questions. o The evidence will be placed in a loading dock at the warehouse to provide additional space for the review. To ensure that there is sufficient space, please let me know how many members of the defense team intend to be physically present for this review. o Electronic devices such as cellphones and laptops are not permitted in the warehouse. The defense team may bring a digital camera that is not connected to the Internet or a cellular network into the warehouse. If the defense team wishes to photograph an item of evidence, the defense will need to inform the agents who are present, so that they may confirm that the photographed item is not Highly Confidential based on the presence of nudity. o Electronic media such as VHS tapes, cassette tapes, and CDs will not be playable at the warehouse. • To the extent the defense requests that the FBI bring any physical items to 500 Pearl Street for your client to review, the FBI is prepared to bring items that are reasonably sized to 500 Pearl Street. With respect to bulky or large items, the defense team should be able to photograph those for your client to review, unless they are deemed Highly Confidential, in which case the FBI can make arrangements to transport the item to 500 Pearl Street if necessary. • The FBI is in the process of confirming that it can provide devices to play all of the electronic media in the case in a single location at the FBI's offices in downtown Manhattan. We are also double-checking to confirm that all media that does not contain witness statements have already been produced to you and your client in discovery. The FBI anticipates that we can arrange for you to review all non-witness statement electronic media at the FBI's office in downtown Manhattan in approximately three weeks. o To the extent you wish to review all of the discs containing photographs, which were seized from Epstein's residences in 2019, we note that all of those images have already been produced to you in discovery. For your awareness, the FBI has informed me that it took their team several weeks to review all of the images on all of those discs. Please let me know how you wish to proceed. Best, Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 EFTA00031590 From: Sent: Monday, March 15, 2021 6:00 PM To: 'Laura Menninger' <Imenninger@hmflaw.com>; (USANYS) Cc: Jeff Pagliuca <jpagliuca@hmflaw.com>• Christian R Everdell - Cohen & Gresser LLP (ceverdell@cohengresser.com) <ceverdell@cohengresser.com>. 'BOBBI C STERNHEIM' <bcsternheim@mac.com> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Laura, I expect to be able to answer all of your questions about the evidence review by tomorrow. We have been looking into the discovery request you made last week, and we hope to have a response ready to provide to you by next week. Best, Assistant United States Attorney Southern District of New York l St. Andrew's Plaza New York, NY 10007 From: Laura Menninger elmenningerPhmflaw.com> Sent: Monday, March 15, 2021 3:01 PM To: (USANYS) Cc: Jeff Pagliuca <jpagliuca@hmflaw.com>• Christian R Everdell - Cohen & Gresser LLP (ceverdell@cohengresser.com) <ceverdell@cohengresser.com>. 'BOBBI C STERNHEIM' <bcsternheim@mac.com> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Now that the FBI team is back, when do you expect to have answers to all of the questions posed? If I had an idea of when you would have answers, it could help me answer your question. At a minimum, it would not seem to take too much time to know when someone can open the FBI vault and allow t