EFTA00032021.pdf

U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew's Plaza
New York, New York 10007

September 15, 2021

BY ELECTRONIC MAIL

Christian Everdell, Esq.
Mark Cohen, Esq.
Cohen & Gresser LLP
800 Third Avenue
New York, NY 10022

Laura Menninger, Esq.
Jeffrey Pagliuca, Esq.
Haddon, Morgan and Foreman, P.C.
150 East Tenth Avenue
Denver, CO 80203

Bobbi Sternheim, Esq.
Law Offices of Bobbi C. Sternheim
33 West 19th Street-4th Fl.
New York, NY 10007

Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)

Dear Counsel:

The Government expects to offer testimony from Computer Forensic Examiner Stephen [REDACTED]
of the Federal Bureau of Investigation's ("FBI") Computer Analysis Response Team
("CART"). Although the Government believes that Examiner [REDACTED] testimony will not require
admission through Rule 702 of the Federal Rules of Evidence, the Government nevertheless
provides notice of Examiner [REDACTED] anticipated testimony in an abundance of caution. A copy
of Examiner [REDACTED] curriculum vitae is being produced to you today bearing Bates number 3503-
001.1

The Government anticipates that, if called as a witness, Examiner [REDACTED] will testify about
his extraction of devices seized pursuant to court-authorized search warrants; user information
associated with certain of those devices; and documents and photographs extracted from certain
______________________
1 Examiner [REDACTED] has previously testified regarding similar topics in federal court. As a courtesy,
the Government notifies you that Examiner [REDACTED] has previously testified in federal court in
United States v. DiTomasso, 14 Cr. 160 (SAS), United States v. Hirst, 15 Cr. 643 (PKC), United
States v. Stasiv, 18 Cr. 259 (PKC), and United States v. Kelly, 19 Cr. 286 (AMD) (E.D.N.Y.).

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of those devices. The Government further anticipates that Examiner [REDACTED] will also testify that
some of the devices on which he performed extractions were clones of device extractions that had
previously been performed by someone else.

The Government reserves the right to call additional expert witnesses and will promptly
provide notice if the Government elects to do so.

Request for Reciprocal Discovery and Expert Notice

The Government reiterates its April 23, 2021 request for reciprocal notice under Rule
16(b)(1)(C) of the Federal Rules of Criminal Procedure regarding any expert witness that the
defendant intends to rely upon, including a written summary of any testimony that the defendant
intends to use under Rules 702, 703, or 705 of the Federal Rules of Evidence, as well as the
witness's qualifications.

Additionally, the Government reiterates its August 5, 2020 request for reciprocal discovery
under Fed. R. Crim. P. 16(b). Specifically, we request that you allow inspection and copying of:
(1) any books, papers, documents, data, photographs, tangible objects, buildings or places, or
copies or portions thereof, which are in the defendant's possession, custody or control, and which
the defendant intends to introduce as evidence or otherwise rely on at trial; and (2) any results or
reports of physical or mental examinations and of scientific tests or experiments made in
connection with this case, or copies thereof, which are in the defendant's possession or control,
and which the defendant intends to introduce as evidence or otherwise rely on at trial or which
were prepared by a witness whom the defendant intends to call at trial.

The Government also reiterates its August 5, 2020 request that the defendant disclose prior
statements of witnesses she will call to testify, including expert witnesses. See Fed. R. Crim. P.
26.2; United States v. Nobles, 422 U.S. 225 (1975). The Government requests that such material
be provided on the same basis upon which the Government agrees to supply the defendant with
3500 material relating to Government witnesses.

Very truly yours,

[REDACTED]
United States Attorney

by: _s/__________________
Alison Moe [Partially Obscured]
[REDACTED]
Assistant United States Attorneys

EFTA00032022