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Case 1:20-cr-00330-PAE Document 533 Filed 12/09/21 Page 6 of 8

• A large entry relating to Epstein. GX-52-H.

• A series of entries relating to the defendant’s family, including many with multiple phone numbers. GX-52-E.

• [REDACTED]

• [REDACTED]

Tellingly, the defense has failed to point to any entry in this book that is inaccurate, despite the fact that the book contains hundreds—if not thousands—of points of contact. A jury could reasonably conclude from the content of the book, in combination with Alessi’s testimony, that this contact book in fact belonged to Epstein and the defendant. That is all that is required for authentication.

Finally, the Government notes that the defendant’s challenge to the authenticity of Government Exhibit 52 relies heavily on the circumstances through which the Government obtained the book, namely, by seizing it from Alfredo Rodriguez. See, e.g., Mot., Dkt. No. 390 at 3; Letter, Dkt. No. 490. To the extent the Court exercises its gatekeeping function through examination of evidence that the jury is not considering, the Government notes that the defendant herself has acknowledged the authenticity of the contact book.

Specifically, in her April 2016 deposition, the defendant was confronted with a document that appears to be a scan of the contact book and some additional pages. (See Exhibit A (Maxwell Deposition Ex. 13)). When shown the scan, the defendant was asked whether she was familiar with the document, and she replied that she was familiar with the “actual document.” (Exhibit B (Maxwell Depo. Tr.) at 312). She said that she believed “that this is a copy of a stolen document,”

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