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Case 1:20-cr-00330-AJN Document 65 Filed 10/20/20 Page 1 of 4
U.S. Department of Justice

United States Attorney
Southern District of New York

The Silvio J. Mollo Building
One Saint Andrew’s Plaza
New York, New York 10007

October 20, 2020

BY ECF

The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
40 Foley Square
New York, New York 10007

Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)

Dear Judge Nathan:

The Government respectfully submits this letter in further support of its request to delay disclosure to the defense of certain photographs and documents (the “Materials”) regarding victims of sexual abuse by Jeffrey Epstein. Contrary to the defense’s assertions, the Materials are not exculpatory as to the charges contained in the Indictment. But in any event, the Government is not suggesting that the defense should never receive these Materials. The Government fully intends to provide the defense with these Materials, along with the statements of every witness it has interviewed as part of its broader investigation, eight weeks in advance of trial. Because that investigation remains ongoing, however, and because the Materials are unrelated to the charges contained in the Indictment, production at this stage would be premature and would reveal the scope and focus of the Government’s ongoing investigation. Accordingly, the Government respectfully requests that it be permitted to produce the Materials eight weeks prior to trial.

First, Maxwell’s opposition misconstrues the Government’s description of the Materials and conflates them with witness statements about the Materials. To be clear, the Materials at issue here include documents regarding and photographs of victims of Jeffrey Epstein who were abused during time periods that post-date the Indictment. These Materials do not include witness statements from those victims, which, as the Government noted in its opening papers, the Government will produce eight weeks in advance of trial. The Materials in and of themselves thus do not, as the defendant incorrectly suggests, make clear one way or the other whether the defendant ever had any involvement in those victims’ abuse. Regardless, as detailed below, whether or not the defendant participated in any criminal activity that she is not charged with that postdates the time period in the Indictment is simply not relevant, much less exculpatory.

Second, even accepting the defendant’s mischaracterization, the Materials are not exculpatory as to Maxwell. At base, the defense opposition stretches the concept of exculpatory material beyond recognition in a way that is wholly unsupported by the law of this Circuit. Under the defense’s view, if Jeffrey Epstein ever sexually abused any victim after 1997 without the defendant’s involvement, that somehow exculpates her with respect to an Indictment charging her with participating in Epstein’s abuse of minors between 1994 and 1997. (Def. Ltr. 3-4). The

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