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Case 1:20-cr-00330-PAE Document 800 Filed 08/05/25 Page 4 of 4

Hon. Richard M. Berman, U.S.D.J.
Hon. Paul A. Engelmayer, U.S.D.J.
August 4, 2025
Page 4 of 4

affirmed 147 F.2d 336 (5th Cir. 1945) (“The same jurisdiction that was sought in the beginning continues to exist insofar as the integrity and preservation of the minutia and minutes and proceedings of these steps are concerned. What was done here is evidence and may be advantaged by either party, having in mind, of course, the question of the secrecy of the grand jury proceedings. And the only jurisdiction over such matters is in this court.”); see also, e.g., Dale v. Bartels, 532 F. Supp. 973, 978–79 (S.D.N.Y. 1982) (ordering limited disclosure of sealed grand jury testimony after entry of a nolle prosequi). However, the fact that Epstein passed away—which was the basis for the entry of the nolle prosequi—is a factor to be considered. See In re Craig, 131 F.3d 99, 106 (2d Cir. 1997) (noting that “the current status of the principals of the grand jury proceedings and that of their families” is a factor “that a trial court might want to consider when confronted with these highly discretionary and fact-sensitive ‘special circumstances’ motions”).

Seventh, regarding the Government’s approach to victim notification of the instant proceedings, as noted in its July 29 submission, the Government has provided notice of the unsealing motions to all but one of the victims who are referenced in the grand jury transcripts at issue in the motions. The Government still has been unable to contact that remaining victim. With respect to victims who are not identified in the grand jury transcripts but who have previously received victim notifications in the Maxwell and Epstein matters, the Government will over the coming days alert those victims to the fact of the unsealing motions.

Finally, in light of the Government’s ongoing efforts to ensure that the interests of victims and other third parties are appropriately considered, as well as the multifaceted nature of these and other relevant proceedings, it may be necessary or appropriate for the Government to modify or supplement the information provided today, and the Government commits to doing so as promptly as practicable.

As always, the Government is available to answer any questions the Court may have.

Respectfully submitted,

PAMELA J. BONDI
United States Attorney General
TODD BLANCHE
Deputy United States Attorney General
United States Department of Justice

/s/ Jay Clayton
JAY CLAYTON
United States Attorney for the
Southern District of New York
26 Federal Plaza
37th Floor
New York, New York 10278

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