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Case 1:20-cr-00330-PAE Document 672 Filed 06/24/22 Page 63 of 68

Bruce A Green
150 West 62nd Street, room 7-168
New York, NY 10023
Tel: 917-331-5321
Email: bgreen@law.fordham.edu

June 7, 2022

Office of the United States Attorney for the Southern District of New York
One Saint Andrews Plaza
New York, NY 10007
Attn: AUSAs Maurene Comey, Alison Moe & Alex Rossmiller

Re: United States v. Maxwell

Dear Counsel:

I have been retained on behalf of Professor Alan Dershowitz to provide my opinions as a legal ethics expert regarding prosecutors’ candor obligations relating to Virginia Giuffre’s submissions at Ghislaine Maxwell’s upcoming sentencing.

The relevant facts, provided for my consideration, are, in brief, as follows. Although Ms. Giuffre was not a witness at Ms. Maxwell’s trial, she has been notified of her right to make a victim’s impact statement in connection with Ms. Maxwell’s sentencing. She may submit a written statement or testify at the hearing. The presentence report may incorporate her submission, the prosecution might refer to it, and even if not, the District Judge might rely on it in imposing sentence. Professor Dershowitz has informed the U.S. Attorney’s Office (“Office”) that Ms. Giuffre’s recent civil deposition testimony in their pending case before District Judge Preska establishes Ms. Giuffre’s serious lack of credibility with respect to the Epstein-Maxwell matter and would cast doubt on the reliability of her submission at the upcoming sentencing. Professor Dershowitz has further advised that although the deposition transcript is sealed, it is available for the Government’s review before the sentencing. I have been asked whether, under these circumstances, the Office has a professional responsibility to review the transcript and, if it agrees that Ms. Giuffre’s statement lacks credibility, to so advise the Court.

My qualifications to render an expert opinion on questions of prosecutorial ethics such as this one are set forth more fully in my curriculum vitae, which is available here: https://www.fordham.edu/download/downloads/id/1503/bruce_green.pdf. I assume my qualifications would not be disputed, given that I provided advice to the Office in the 1980s when I served as Deputy Chief and Chief Appellate Attorney and have done so more recently as a consultant on legal ethics questions. Of particular significance, for the past three decades I have taught a seminar on Ethics in Criminal Advocacy using self-produced course materials that I regularly update; I have written extensively on prosecutors’ ethics, including on questions of prosecutors’ candor to the court (see Bruce A. Green, Candor in Criminal Advocacy, 44 HOFSTRA L. REV. 429 (2016)); and as a member and chair of the ABA Criminal Justice Standards

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SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17

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