DOJ-OGR-00002242.jpg

Case 1:20-cr-00330-AJN Document 106 Filed 12/30/20 Page 10 of 22

weight of the evidence is weak. Def. Reply at 2. But she too easily discredits the witness testimony. According to the Government, and as reflected in the indictment, it is anticipated that the three witnesses will provide detailed and corroborating accounts of the Defendant’s alleged role in enticing minors to engage in sex acts. See Gov’t Opp’n at 10; see also Dkt. No. 17, S1 Superseding Indictment, ¶¶ 7, 11, 13, 17. Moreover, the Government proffers that additional evidence, including flight records and other witnesses’ corroborating testimony, will further support the main witnesses’ testimony and link the Defendant to Epstein’s conduct. Gov’t Opp’n at 10–11. And while the Defendant contends that much of this evidence focuses on Epstein, not the Defendant, the nature of the conspiracy charge (along with the evidence linking the Defendant to Epstein) renders this evidence relevant to the Government’s charges against her. As the Court stated in the July 14, 2020 hearing, although the Court does not prejudge the merits of the Government’s case or of the Defendant’s defenses, for purposes of the bail determination stage, the Government’s proffered case against the Defendant remains strong. See Dkt. No. 93 (“Tr.”) at 83:4–83:10. The Court again concludes that the Defendant’s awareness of the potential strength of the government’s case against her creates a risk of flight, and none of the Defendant’s new arguments meaningfully alter that conclusion. As a result, the second factor supports detention.

2. The Defendant’s History and Characteristics

At the July 14, 2020 bail hearing, the Court determined that the Defendant was a flight risk in part because of her substantial international ties, including multiple foreign citizenships and familial and personal connections abroad and her ownership of at least one foreign property of significant value. See Tr. at 83:13–83:18. And the Court further noted that the Defendant’s extraordinary financial resources could provide her the means to flee the country even despite

10

DOJ-OGR-00002242