U.S. Department of Justice

U.S. Department of Justice United States Attorney Southern District of New York The Silvio I. Motto Building One Saint Andrew's Plaza New York. New York 10007 October 20, 2020 BY ELECTRONIC MAIL Christian Everdell, Esq. Mark Cohen, Esq. Cohen & Gresser LLP 800 Third Avenue New York, NY 10022 Laura Menninger, Esq. Jeffrey Pagliuca, Esq. Haddon, Morgan and Foreman, P.C. 150 East Tenth Avenue Denver, CO 80203 Bobbi Sternheim, Esq. Law Offices of Bobbi C. Sternheim 33 West 19th Street-4th Fl. New York, NY 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Counsel: In recognition of the Government's ongoing discovery obligations, today we are producing copies of the materials listed in the below index, which materials are stamped with control numbers SDNY_GM_00328070 through SDNY_GM_00356148. The password for the drive is "USAOsdnyl!". The materials are available for pickup at the U.S. Attorney's Office in Manhattan. Please note that both this letter and the enclosed materials are governed by the July 31, 2020 Protective Order in this case.' This letter is itself designated as "confidential," because it includes information regarding records designated as "confidential" under the Protective Order. An index of the materials contained in this production is below: Files in PDF format designated as "confidential" under the protective order have been stamped "confidential." However, certain files cannot be individually labeled as confidential on the documents themselves due to their file format. Such files include in their electronic names the word "Confidential." 0620.2018 EFTA00091391 Page 2 Bates Start Bates End Summary Description Confidential Designation SDNY_GM_00328070 SDNY_GM_00328072 2020.07.02, Aerial Video SDNY_GM_00328073 SDNY_GM_00328092 FBI Florida Documents Confidential SDNY_GM_00328093 SDNY_GM_00328289 FBI NY Documents SDNY_GM_00328290 SDNY_GM_00328461 Misc. Photos Confidential SDNY_GM_00328462 SDNY_GM_00328667 PBPD Materials SDNY_GM_00328668 SDNY_GM_00329968 PBPD Materials Confidential SDNY_GM_00329969 SDNY_GM_00330052 PBPD Materials Highly Confidential SDNY_GM_00330053 SDNY_GM_00332355 PBSA Materials Confidential SDNY_GM_00332356 SDNY_GM_00332436 Scans of FBI Evidence SDNY_GM_00332437 SDNY_GM_00332863 Scans of FBI Evidence Confidential SDNY_GM_00332864 SDNY_GM_00332869 Scans of FBI Evidence Highly Confidential SDNY_GM_00332870 SDNY_GM_0033287 I Video from Florida Investigation Highly Confidential SDNY_GM_00332872 SDNY_GM_00332887 Videos from Florida Investigation Confidential SDNY_GM_00332888 SDNY_GM_00332890 SDFL Materials Confidential SDNY_GM_0033289 I SDNY_GM_00332891 SDFL Materials Highly Confidential SDNY_GM_00332892 SDNY_GM_00332894 FBI Florida Documents SDNY_GM_00332895 SDNY_GM_00332928 FBI FL Documents (included with 328073-328092) Confidential SDNY_GM_00332943 I SDNY_GM_00332958 3-D Blueprints, in PBPD Materials (included with 328462-328667) SDNY_GM_00332949 SDNY_GM_00356148 FBI FL Documents from Discs Confidential and Highly Confidential Additionally, as you are aware, the Government has seized and extracted data from multiple electronic devices in connection with search warrants executed at Jeffrey Epstein's properties in New York and the Virgin Islands. The data from those devices has been subject to a privilege review, based on privileges asserted by Jeffrey Epstein's estate. Because the estate has not waived any of those privileges, the Prosecution Team in this case will not have access to any materials from those devices identified as privileged by the taint review team, and the Government will not produce any such privileged material to the defense in this case. Further, it is the Government's current understanding that none of the seized devices belonged to the defendant, Ghislaine Maxwell, and as a result, it is the Government's understanding that the Prosecution Team is not legally permitted to provide you with the full set of non-privileged materials that were extracted from the devices. Instead, the Government anticipates producing only the materials designated responsive to the relevant warrants authorizing the search of these devices. Correspondingly, upon completion of the responsiveness review, the Prosecution Team will only have access to that same set of non-privileged materials deemed responsive to the relevant warrants. The Government expects to produce these responsive, non- privileged materials to you by the November 9, 2020 deadline for completion of discovery. 0620.2018 EFTA00091392 Page 3 The Government recognizes that its discovery obligations are ongoing and will promptly produce any additional discoverable material of which it becomes aware. Please do not hesitate to reach out if you have any difficulty accessing these materials or if you wish to arrange a time to review physical items in the FBI's custody. Very truly yours, AUDREY STRAUSS Acting United States Attorney by: Assistant United States Attorneys 0610.2018 EFTA00091393