EFTA00015753.pdf

From: Christian Everdell
To: "Redacted", 'Laura Menninger' , "Redacted" , "Redacted" (USANYS)"
Cc: Jeff Pagliuca , 'BOBBI C STERNHEIM'
Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes
Date: Thu, 08 Apr 2021 21:22:13 +0000
Inline-Images: image001.jpg

Thanks, [Redacted] 11am is fine. I don't think we will need more time. If for some reason we need to go back later in the week, we can arrange for another trip to finish up.

From: [Redacted] [mailto:[Redacted]]
Sent: Thursday, April 08, 2021 5:19 PM
To: Christian Everdell; 'Laura Menninger'; [Redacted] (USANYS)
Cc: Jeff Pagliuca; 'BOBBI C STERNHEIM'
Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes

Chris,
I am going to be tied up for a bit the morning on the 12th. Would it work on your end to meet at the warehouse at 11am, please? The warehouse will be open until 4:30pm, though I'm told I can request additional time in advance if you think the review will take more than 5 1/2 hours.
Also, I am working on gathering information in response to Laura's email and expect to be able to respond to it later this evening.
Thank you,
[Redacted]
Assistant United States Attorney
Southern District of New York
1 St. Andrew's Plaza
New York, NY 10007

From: Christian Everdell
Sent: Thursday, April 8, 2021 5:06 PM
To: 'Laura Menninger' ; [Redacted] (USANYS) <[Redacted]>
Cc: Jeff Pagliuca ; 'BOBBI C STERNHEIM'
Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes

I plan to arrive at the warehouse on April 12 with an investigator and a paralegal at around 9:30am. Does that work?
Thanks,
Chris

From: Laura Menninger [mailto:lmenninger@hmflaw.com]
Sent: Wednesday, April 07, 2021 4:23 PM
To: [Redacted]; [Redacted]; [Redacted] (USANYS)
Cc: Jeff Pagliuca; Christian Everdell; 'BOBBI C STERNHEIM'
Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes

[Redacted] –
My apologies, I meant to include in my previous email that we could have the Bronx view on Monday, April 12. Thank you for the logistics.
Regarding the spreadsheets you provided, I have several issues.
First, there are a couple of items that you have noted for the Bronx Warehouse but will in fact need to be brought to 500 Pearl for review because you labeled them as "Highly Confidential" and not "bulky." These appear to include:
NY Evidence List
• Items 1B127-130 (4 boxes).
• Item 1B13 (1 box)
Florida Evidence List
• Item 1, Subitem 26 – one large framed photo from Master Bedroom.
Second, with regard to the "Bulky" photos (Florida Items 1, Subitems 8, 15a, 15b and 15c), are we permitted to photograph those or not? If not, we will need them transported to 500 Pearl.
Third, Florida Item 8, Subitem 8, says it is Sixteen DVD-R Discs from PBSO but you do not indicate that we can review those. Why? We need to address with the Court promptly any issues related to our request to view all evidence.
Fourth, Electronic surveillance – Your email yesterday stated that these were all "electronic files" with no corresponding physical item. However, for several, the chart indicates "Blu-Ray Disks;" is there a reason we cannot inspect these? Another Florida item is listed as "one original recording of an interview dated 4/24/07"; I am suspicious that "one original recording of an interview" is not truly only an "electronic" file? I was practicing law in 2007 and do not recall "electronic files" being the standard then. Can you please confirm? I know that Chris has written separately about the many files for which the metadata has apparently been stripped, so we will have to address purely electronic information at another date.
Shredded Paper – Yes, we need to review that as well.
"Missing from Assigned Box" items – can you please provide more of an explanation for all "missing items"?
I will let you know any other issues as I see them. However, now that we have made travel plans in reliance on your agreement to produce all evidence items, I am hoping that you can promptly answer these questions so that we can resolve any of them as needed this week.
Thank you,
-Laura

Laura A. Menninger | Partner
Haddon, Morgan & Foreman, P.C.
150 E. 10th Avenue | Denver, CO 80203
+1 303 831 7364 (Office)
lmenninger@hmflaw.com

From: [Redacted]
Sent: Wednesday, April 7, 2021 1:44 PM
To: Laura Menninger ; [Redacted] (USANYS)
Cc: Jeff Pagliuca ; Christian R Everdell - Cohen & Gresser LLP (ceverdell@cohengresser.com) ; 'BOBBI C STERNHEIM'
Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes

Hi Laura,
The Bronx warehouse is located at 2350 Lafayette Ave, Bronx, NY. There is plenty of street parking outside of the building. Whatever day you wish to have the review conducted at the warehouse, an AUSA and an agent will meet the attorney, investigator, and paralegal at the warehouse to escort them into the building to the evidence review room. The AUSA will remain present at the warehouse to answer any questions that may arise.
The FBI has informed me that they can make the evidence available for review at the warehouse any day next week or the week of April 19th. Please just let me know what day you prefer, and we will coordinate with the FBI to arrange for the review.
Best,
[Redacted]
Assistant United States Attorney
Southern District of New York
1 St. Andrew's Plaza
New York, NY 10007

From: Laura Menninger
Sent: Wednesday, April 7, 2021 3:30 PM
To: [Redacted] (USANYS)
Cc: Jeff Pagliuca ; Christian R Everdell - Cohen & Gresser LLP (ceverdell@cohengresser.com) ; 'BOBBI C STERNHEIM'
Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes

Thank you for the updated spreadsheets and the information regarding the timing of the review at 500 Pearl.
I believe we will be able to have an attorney, investigator and paralegal present at the Bronx warehouse to take photos of the "excluded from transportation" items. Please let us know the particulars for that visit when you have a moment.
Thank you,
Laura

[... Email chain continues backwards in time through March 2021 regarding evidence review logistics ...]

[Key excerpts from earlier emails in chain]

From: [Redacted] (AUSA)
Sent: Wednesday, April 7, 2021 10:06 AM
... I learned this morning that the Marshals intend to bring Ms. Maxwell back to the MDC each review day at 4:30pm. So we can plan for the review to take place at 500 Pearl Street from 9:30am to 4:30pm each day beginning on April 13th.

From: [Redacted] (AUSA)
Sent: Monday, April 5, 2021 10:48 PM
... As you will see, we have now learned that one item (consisting of shredded paper) is currently at FBI headquarters and will not be available for review next week...

From: [Redacted] (AUSA)
Sent: Friday, April 2, 2021 5:36 PM
... Other items will be designated "Highly Confidential," in which case they may not be photographed, absent specific authorization from an AUSA. I note the possibility of authorization to photograph this latter category because some Highly Confidential evidence items include both nude and non-nude portions...
... The FBI and AUSAs are prepared to facilitate this review beginning April 13th and continuing every day thereafter until your review is complete. I have also formally requested that the Marshals produce Ms. Maxwell to 500 Pearl Street on April 13th...

From: Laura Menninger
Sent: Saturday, March 27, 2021 4:38 PM
... We understand that all of the highly confidential materials, including not only the 2,100 images not previously disclosed as well as the electronic images that were only shown to NY counsel and the client at the MDC, will be available for review on a singular laptop at 500 Pearl Street.

From: [Redacted] (AUSA)
Sent: [Date unclear, responding to March 27]
Physical Evidence
... We would propose excluding the below items from production to 500 Pearl:
o We appreciate your note that the massage tables are not needed...
o We also appreciate your indication that the cash items from 26 Federal Plaza do not need to be produced.
o The FBI has seized dozens of electronic devices, including desktop computers, servers, and laptops, from Jeffrey Epstein's residences in 2019...
o Certain items seized from the New York residence are bulky, fragile, and/or difficult to transport. These include plaster busts of female torsos and a stuffed dog.

From: [Redacted] (AUSA)
Sent: [Date unclear, responding to March 22]
Highly Confidential Electronic Images
• The 2,100 electronic images were recovered during the responsiveness review of images and videos seized from Jeffrey Epstein's devices... designated Highly Confidential.

From: [Redacted] (AUSA)
Sent: Tuesday, March 16, 2021 4:40 PM
Regarding the Highly Confidential nude/partially nude 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
... The FBI is only able to provide a single laptop for review of these images.

From: [Redacted] (AUSA)
Sent: Tuesday, March 9, 2021 4:56 PM
... the August 20, 2020 discovery production also included search warrant returns listing the physical items seized by the FBI's New York Office during the 2019 searches of Jeffrey Epstein's residences in New York and the U.S. Virgin Islands (see Bates range SDNY_GM_00166007-SDNY_GM_00166043)...

From: Laura Menninger
Sent: Monday, March 8, 2021 2:03 PM
Subject: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes
Counsel – Please see attached correspondence.