EFTA00029540.pdf

"a grand jury returned a six-count indictment charging Ghislaine Maxwell"

"ALISON J. NATHAN, District Judge... This Opinion resolves all of Maxwell's currently pending pretrial motions"

"Jeffrey Epstein entered into a non-prosecution agreement ('NPA') with the Office of the United States Attorney for the Southern District of Florida."

"The SI superseding indictment included two counts of enticement or transportation of minors to engage in illegal sex acts in violation of the Mann Act"

"a recent report from the Department of Justice's Office of Professional Responsibility observed, the NPA was unusual in many respects... reflected poo"

"a grand jury returned a second (S2) superseding indictment adding a sex trafficking count"

"The first states that the U.S. Attorney for the Southern District of Florida will defer prosecution in this District if Epstein complies with the agre"

"The NPA would provide Maxwell no defense to the charges in the S1 superseding indictment even against an office bound to follow it."

"The Mann Act counts, too, fall comfortably outside the NPA's scope. The Si superseding indictment charges conduct occurring exclusively between 1994 a"

"Maxwell turns to its negotiation history. Under Second Circuit precedent she may offer evidence that negotiations of the NPA between the defendant and"

"any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Offic"

"Maxwell does not dispute that the facts alleged in the SI superseding indictment involve the sexual abuse of minors."

"The indictment charges that Epstein sexually abused each of the alleged minor victims"

"The parties agree that the Mann Act charges are timely if subject to the PROTECT Act"

"Case 1:20-cr-00330-AJN Document 208 Filed 04/16/21. Maxwell makes no argument based on the statute's text."

"applies Maxwell's conduct charged in the SI superseding indictment."

"These include Jeffrey Epstein and his mother"

"Maxwell's arguments that the indictment should be dismissed because of the possibility of missing witnesses, failing memories, or lost records fail"

"Maxwell seeks to dismiss the Mann Act counts for lack of specificity"

"The perjury charges are legally tenable... stemming from her answers to questions in a deposition in a civil case."

"Case 1:20-cr-00330-AJN Document 208 Filed 04/16/21 Page 18 of 34"

"Maxwell also argues that the perjury counts should be dismissed because none of the allegedly false statements were material to the defamation action."

"The Court concludes that the perjury charges are legally tenable and appropriately presented to the jury."

"Trying the perjury counts together with the Mann Act counts would require admitting evidence of other acts likely to be unduly prejudicial."

"The context of the questions and answers, in conjunction with the Government's evidence, could lead a reasonable juror to conclude that the statements"

"the evidence presented on the Mann Act counts may prejudice the jury's ability to fairly evaluate Maxwell's truthfulness in her deposition, a critical"

"The Court concludes that the perjury charges are legally tenable and appropriately presented to the jury."

"Maxwell moves to strike allegations related to one of the alleged victims from the S I superseding indictment as surplusage."

"presentation of the Government's evidence at trial, because that evidence may affect how specific allegations relate to the overall charges."

"The Court also rejects Maxwell's alternative request for a hearing to determine the admissibility of co-conspirator declarations."

"ALISON J. NATHAN United States District Judge"

"the Government has agreed to produce all Jencks Act material at least six weeks in advance of trial."

"A grand jury sitting in Manhattan returned the S2 superseding indictment."

"to dismiss the Mann Act counts as barred by the statute of limitations"

"The Court GRANTS Maxwell's motion to sever the perjury counts for a separate trial"

"charging Ghislaine Maxwell with facilitating the late financier Jeffrey Epstein's sexual abuse of minor victims from around 1994 to 1997"

"Senator Leahy, who co-sponsored the PROTECT Act, expressed concerns in a committee report"

"Maxwell moves to strike allegations related to one of the alleged victims from the S I superseding indictment as surplusage."

"an unredacted copy of two FBI reports... The Government represents that it... has reviewed... one of the FBI reports"

"Maxwell's motion seeking to dismiss the Si superseding indictment because it was returned by a grand jury"

"The Court DENIES Maxwell's motions to dismiss the indictment as barred by Epstein's non-prosecution agreement"

"on April 13, 2021, the Government produced over 20,000 pages of interview notes, reports and other materials related to non-testifying witnesses."

"Maxwell contends that the NPA bars this prosecution, because she is charged as a co-conspirator of Jeffrey Epstein"

"Jeffrey Epstein's non-prosecution agreement does not bar this prosecution"

"criminal charges against any potential co-conspirators of Epstein. ... The phrase potential co-conspirator means nothing without answering the questio"

"The OPR report reflects that the Office of the Deputy Attorney General reviewed the NPA, but only after it was signed when Epstein tried to get out of"

"Maxwell allegedly enticed them to travel or transported them for that purpose."

"the charged offenses... involving the sexual or physical abuse or kidnapping of a minor... Maxwell allegedly enticed them to travel or transported the"

"a police detective who investigated Epstein in Florida."

"Maxwell contends that lengthy public interest in this case has transformed her reputation from that of Epstein's friend to a co-conspirator."