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Case 1:20-cr-00330-AJN Document 18 Filed 07/10/20 Page 24 of 29
Case: 21-770 Document: 20-2 04/01/2021 3968530 Page: 39 of 200

Moreover, the government overstates the potential for Ms. Maxwell to spend
“decades in prison” if she is convicted. (Gov. Mem. at 5.) In fact, her likely total exposure
even if she were convicted on all counts is 10 years, assuming the Court were to follow the
traditional practice in this District and impose concurrent sentences. Although a 10-year
sentence would be significant, it is a far cry from the government’s forecast, further
demonstrating that the government has not met its burden of showing Ms. Maxwell is an
actual risk of flight.

The Government’s Case Is Subject to Significant Challenges. In evaluating the
strength of the government’s case, we note that Ms. Maxwell intends to mount several legal
challenges to the indictment, including that: (i) this prosecution is barred by Epstein’s
September 24, 2007 non-prosecution agreement with the Department of Justice, which
covers “any potential co-conspirators of Epstein”; (ii) the conspiracy, enticement of minors,
and transporting of minors charges are time-barred and otherwise legally flawed; and (iii)
the two perjury charges are subject to dismissal on several legal grounds.15 In addition, as
we understand from the face of the indictment, the government’s case is based primarily on
the testimony of three individuals about events that allegedly occurred roughly 25 years ago
between 1994 and 1997. It is inherently more difficult to prosecute cases relating to
decades-old conduct. These issues further call into question the strength of the government’s
case, and provide an independent basis justifying release on bail.

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15 The defense is also considering whether the government’s comments in connection with this case conform to
Local Criminal Rule 23.1, and whether to seek appropriate relief from the Court.

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