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Extraction Summary
4
People
4
Organizations
0
Locations
3
Events
2
Relationships
3
Quotes
Document Information
Type:
Court filing / legal motion (defense argument)
File Size:
708 KB
Summary
This document is page 12 of a defense filing (Document 120) from January 2021 in the case United States v. Ghislaine Maxwell. The text argues against the 'joinder' (combining) of Perjury Counts with Mann Act Counts, stating that Maxwell's alleged false statements in 2016 civil depositions were tangential to the defamation case and not part of a 'common scheme' to obstruct the Mann Act investigation. The defense distinguishes this case from legal precedent (Potamitis), emphasizing that Maxwell did not lie to the FBI or a Grand Jury to derail an investigation.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Subject of the indictment, accused of making false statements in depositions.
|
| Epstein | Alleged Co-conspirator |
Mentioned in relation to a purported conspiracy from 1999-2002.
|
| Ms. Giuffre | Plaintiff/Alleged Victim |
Involved in the purported conspiracy and the civil defamation action against Maxwell.
|
| Potamitis | Legal Precedent |
Cited case law (739 F.2d at 791) regarding joinder of offenses.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Government |
The prosecution/US Attorney's office arguing the case.
|
|
| FBI |
Federal Bureau of Investigation; document notes Maxwell did not lie to them.
|
|
| Grand Jury |
Investigative body; document notes Maxwell did not lie to them.
|
|
| DOJ |
Department of Justice (referenced in footer stamp).
|
Timeline (3 events)
1999-2002
Relationships (2)
Reference to 'purported conspiracy with Epstein from 1999-2002'.
Mention of 'unrelated civil defamation action' and conspiracy involving Ms. Giuffre.
Key Quotes (3)
"Here, the circumstances are very different and joinder is not appropriate."Source
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Quote #1
"The government does not allege that Ms. Maxwell lied to the grand jury or the FBI to derail its investigation into the conduct underlying the Mann Act Counts."Source
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Quote #2
"[I]n an effort to conceal her crimes, MAXWELL repeatedly lied when questioned about her conduct, including in relation to some of the minor victims described herein, when providing testimony under oath in 2016."Source
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Quote #3
Full Extracted Text
Complete text extracted from the document (2,076 characters)
Case 1:20-cr-00330-AJN Document 120 Filed 01/25/21 Page 12 of 19
substantive crimes when the false declarations "concern the substantive offenses." Potamitis,
739 F.2d at 791. Such cases typically involve situations where the defendant was aware that he
was being investigated and either lied to the grand jury or made false statements to law
enforcement officers in an effort to thwart the existing investigation into the other offenses with
which he was charged. See, e.g., id. at 789-90 (joinder of perjury, false statements, and
obstruction of justice counts proper where defendant made false statements to FBI agents and
perjured himself in the grand jury); see also id. at 791 (collecting cases).
739 F.2d at 791. Such cases typically involve situations where the defendant was aware that he
was being investigated and either lied to the grand jury or made false statements to law
enforcement officers in an effort to thwart the existing investigation into the other offenses with
which he was charged. See, e.g., id. at 789-90 (joinder of perjury, false statements, and
obstruction of justice counts proper where defendant made false statements to FBI agents and
perjured himself in the grand jury); see also id. at 791 (collecting cases).
Here, the circumstances are very different and joinder is not appropriate. The
government does not allege that Ms. Maxwell lied to the grand jury or the FBI to derail its
investigation into the conduct underlying the Mann Act Counts. Instead, it alleges that Ms.
Maxwell made false statements in two depositions in an unrelated civil defamation action which
occurred in April and July 2016. Moreover, although the government alleges that some of the
questions posed at the depositions related to some of the alleged victims in this case (Indictment
¶¶ 2, 8), the questions were tangential to the defamation action, which was based on Ms.
Maxwell's denial of a purported conspiracy with Epstein from 1999-2002 involving Ms. Giuffre.
The alleged false statements underlying the Perjury Counts therefore do not "concern" the Mann
Act Counts and cannot be joined as part of a "common scheme or plan." Potamitis, 739 F.2d at
791.
government does not allege that Ms. Maxwell lied to the grand jury or the FBI to derail its
investigation into the conduct underlying the Mann Act Counts. Instead, it alleges that Ms.
Maxwell made false statements in two depositions in an unrelated civil defamation action which
occurred in April and July 2016. Moreover, although the government alleges that some of the
questions posed at the depositions related to some of the alleged victims in this case (Indictment
¶¶ 2, 8), the questions were tangential to the defamation action, which was based on Ms.
Maxwell's denial of a purported conspiracy with Epstein from 1999-2002 involving Ms. Giuffre.
The alleged false statements underlying the Perjury Counts therefore do not "concern" the Mann
Act Counts and cannot be joined as part of a "common scheme or plan." Potamitis, 739 F.2d at
791.
The government makes only a half-hearted, and ineffective, attempt to allege a
connection between the Perjury Counts and the Mann Act Counts sufficient to satisfy Rule 8(a).
Paragraph 2 of the Indictment alleges:
connection between the Perjury Counts and the Mann Act Counts sufficient to satisfy Rule 8(a).
Paragraph 2 of the Indictment alleges:
[I]n an effort to conceal her crimes, MAXWELL repeatedly lied when questioned
about her conduct, including in relation to some of the minor victims described
herein, when providing testimony under oath in 2016.
about her conduct, including in relation to some of the minor victims described
herein, when providing testimony under oath in 2016.
8
DOJ-OGR-00002290
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