court filing: 20-cr-60083

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -x UNITED STATES OF AMERICA 20 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S RENEWED MOTION FOR RELEASE AUDREY STRAUSS Acting United States Attorney Southern District of New York Attorney for the United States of America Assistant nueStates Attorneys - Of Counsel - EFTA00103380 TABLE OF CONTENTS THE GOVERNMENT'S MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S RENEWED MOTION FOR RELEASE 1 BACKGROUND 2 APPLICABLE LAW 6 DISCUSSION 8 A. The Nature and Circumstances of the Offense 8 B. The Strength of the Evidence 9 C. The Characteristics of the Defendant 12 D. Conditions of Confinement 29 CONCLUSION 33 EFTA00103381 TABLE OF AUTHORITIES Jackson v. Goon!, 664 F. Supp. 2d 307 (S.D.N.Y. 2009) 27 United States v. Abdullahu, 488 F. Supp. 2d 433 (D.N.J. 2007) 19 United States v. Banki, 10 Cr. 008 (JFK), Dkt. 7 (S.D.N.Y. Jan. 21, 2010),

Legal Memorandum or Analysis: 2016-08-28-2016-06

The document analyzes the Extradition Treaty between the USA and France and concludes that it does not preclude the extradition of French nationals. It also critiques the use of the Peterson case as a precedent for denying extradition, arguing that the decision was discretionary and not a judicial ruling.

From: '

From: ' yt To: ' .111r)a.r>alSANYS)" )" Cc: ' (CRM)" czi Subject: RE: SDNY case Date: Wed, 30 Dec 2020 10:46:21 +0000 Dea I heard you defeated the bail proposal. Congrats! My meeting with the Paris Prosecutor's Office was pushed by a day, and is now set for January 7th. Can we pick a time for a call between now and then? Would Tuesday the 5th in the am (NY time) work for everyone? In the meantime, I am referring the French MLAT request to your IC ). I don't know if you have any privilege issues in your case...and I don't see anything in the request that would revealed any privileged info. But I wanted to mention, in case anyone needs to screen it before it comes to you. If not, I can send it to you directly as well. DOJ Attache/Magistrat de liaison anthicain U.S. Embassy, Paris From: Sent: Sunday, December 20, 2020 6:03 PM To: (USANYS) Cc: (CRM) < Subject: RE: SDNY case Hi all, (CRM) Maxwell's attorneys filed the attached supplemental report from their French

EFTA00016784

UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA 20 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S RENEWED MOTION FOR RELEASE AUDREY STRAUSS Acting United States Attorney Southern District of New York Attorney for the United States of America Assistant United States Attorneys - Of Counsel - EFTA00089154 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA 20 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S RENEWED MOTION FOR RELEASE The Government respectfully submits this memorandum in opposition to the defendant's renewed motion for release on bail, dated December 8, 2020 (the "Renewed Bail Motion"). Five months ago, after thorough briefing and a nearly two-hour hearing, this Court concluded that the defendant posed a serious flight risk and that no condition or combina

Expert Opinion/Declaration: 103-1

The document is an expert opinion by French lawyer William Julié on the extradition laws between the US and France. Julié argues that the French Minister of Justice's letter, which stated that France does not extradite its citizens outside the EU, is misleading and that the Extradition Treaty between the US and France gives France discretion to extradite its nationals. Julié also critiques the government's reliance on the Peterson case as a precedent.