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Case 1:20-cr-00330-AJN Document 163 Filed 03/09/21 Page 1 of 59
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

March 9, 2021

BY ECF & ELECTRONIC MAIL

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 opposition to the defendant’s third motion for release on bail, dated February 23, 2021 (the “Third Bail Motion” or the “Motion”). (Dkt. No. 160). On July 14, 2020, after extensive briefing and a lengthy hearing, this Court concluded that the defendant posed a serious flight risk and that no condition or combination of conditions could ensure her appearance in court. On December 28, 2020, after the defendant renewed her motion for release on bail (the “Second Bail Motion”) by essentially restating her prior arguments and presenting a more significant and specific bail package, this Court issued a thorough opinion and again concluded that the defendant “plainly poses a risk of flight” and denied the motion for “substantially the same reasons that the Court denied” her first motion for release. (Dkt. No. 106 at 1-2 (“Dec. Op.”)). The defendant appealed this Court’s December 2020 decision to the Second Circuit, and that appeal remains pending. Now, the defendant asks the Court yet again to reconsider its decision, and proposes two additional bail conditions to supplement the bail package the Court previously considered and rejected. For the reasons set forth below, the Motion should be denied. First, the Court does not have jurisdiction to grant the Third Bail Motion—in which she asks this Court to reconsider its December opinion—because the defendant has appealed that December opinion to the Second Circuit. Second, even assuming the Court had jurisdiction to grant this latest bail application, the Court should adhere to its prior rulings because the defendant continues to pose an extreme risk of flight, and the additional bail conditions proposed by the defendant do not justify reversal of the Court’s prior findings that no combination of conditions could ensure her appearance. The defendant’s Third Bail Motion should be denied.

I. Background

The Government’s December 16, 2020 opposition to the defendant’s Second Bail Motion details the background of the initial bail proceedings in this case and is incorporated by reference herein. (See Dkt. No. 100 at 2-6). After this Court denied the defendant’s initial application for

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