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Case 1:19-cr-00490-RMB Document 70 Filed 08/05/25 Page 3 of 4

Hon. Richard M. Berman, U.S.D.J.
Hon. Paul A. Engelmayer, U.S.D.J.
August 4, 2025
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necessary redactions) any submissions to the Court by the victims identified in the grand jury transcripts, which are due to the Court on August 5, 2025.

Second, the Epstein grand jury met on June 18, 2019, and July 2, 2019. The Maxwell grand jury met on June 29, 2020, July 8, 2020, and March 29, 2021.

Third, the Government has provided the Court with all substantive exhibits from the grand jury presentations in each of the Epstein and Maxwell cases that it currently has in its possession. The Government respectfully submits under seal to Judge Berman one additional grand jury exhibit from the Epstein case that it referenced in its letter to the Court but did not have readily available at that time.

Fourth, in connection with this letter, the Government respectfully submits to Judge Engelmayer under seal and ex parte a version of the Maxwell grand jury transcripts that specifically identifies which information in the transcripts is not, as far as the Government is aware, publicly available. As previewed in the Government’s submission of July 29, 2025, many of the victims and witnesses testified at trial consistent with the accounts offered in the grand jury by investigating law enforcement witnesses. The enclosed, annotated transcripts show that much of the information provided during the course of the grand jury testimony—with the exception of the identities of certain victims and witnesses—was made publicly available at trial or has otherwise been publicly reported through the public statements of victims and witnesses.¹

Fifth, the substantive grand jury exhibits are not currently part of the public record. The Government, however, is undertaking to identify for the Court any specific portions of the grand jury exhibits that are reflected in the public record. In doing so, the Government endeavors to compare the exhibits against the voluminous public and sealed exhibits offered at the Maxwell trial and to review certain relevant civil litigation dockets of which the Government is aware to the extent such dockets are publicly available. The Government respectfully requests leave of the Court to supplement this letter no later than August 8, 2025, in order to respond to item 4 of Judge Berman’s Order and item 2 of Judge Engelmayer’s Order.

Sixth, the nolle prosequi filed in the Epstein case does not impact the proposed disclosure. While the Supreme Court has noted—in a different context—that a Court’s “jurisdiction end[s]” when “a nolle prosequi [is] entered,” Ex parte Wilson, 140 U.S. 575, 583 (1891), it did so in the context of a court having the ability to enter a judgment. To the contrary, at least one court has explicitly held that a nolle prosequi does not deprive a court of the authority to determine whether to disclose sealed grand jury minutes. United States v. Byoir, 58 F. Supp. 273, 274 (N.D. Tex.),

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¹ Although there was no public trial of Epstein, the Government is prepared to do a similar analysis regarding the Epstein grand jury transcripts if Judge Berman believes it would assist in the Court’s analysis of the In re Craig factors related to the Government’s motion in Epstein.

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