EFTA00020261.pdf

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

"Ghislaine Maxwell, Defendant. ... charging Ghislaine Maxwell with facilitating the late financier Jeffrey Epstein's sexual abuse"

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

"two counts of enticement or transportation of minors to engage in illegal sex acts in violation of the Mann Act"

"U.S. Attorney for the Southern District of Florida will defer prosecution in this District if Epstein complies with the agreement."

"The NPA would provide Maxwell no defense to the charges in the Si superseding indictment"

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

"The Court has no trouble concluding that the perjury counts are not covered by the NPA. Those charges ... stem from depositions in 2016"

"Maxwell has already received access to an unusually large amount of information about the NPA's negotiation history in the form of the OPR report"

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

"The Court thus concludes that Maxwell has failed to establish actual prejudice from the Government's delay in bringing charges."

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

"The Court turns next to Maxwell's motion to dismiss the perjury counts stemming from her answers to questions in a deposition in a civil case."

"her answers to questions in a deposition in a civil case."

"Maxwell has failed to establish actual prejudice from the Government's delay in bringing charges."

"Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21"

"Case 1:20-cr-00330-AJN Document 207... Maxwell's motion is premature."

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

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

"Maxwell moves to strike allegations related to one of the alleged victims from the SI superseding indictment"

"presentation of the Government's evidence at trial"

"unredacted copy of two FBI reports"

"Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 27 of 34"

"she argues, these allegations do not relate to the charged conspiracy"

"Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21... The Court DENIES Maxwell's motions"

"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"

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

"to dismiss the perjury counts as legally untenable... The Court GRANTS Maxwell's motion to sever the perjury counts"

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

"A grand jury sitting in Manhattan returned the S2 superseding indictment... Maxwell shall show cause why her grand jury motion should not be dismissed"

"The Court DENIES Maxwell's motions to dismiss the indictment"

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

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

"Both the text and history of the PROTECT Act's amendment to 3283 reflect that it applies Maxwell's conduct charged in the SI superseding indictment."

"These include Jeffrey Epstein and his mother"

"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 perjury counts likely implicate the performance and credibility of her lawyers in the civil action—two of whom represent her in this case."

"The indictment does not allege that the alleged victim traveled in interstate commerce or was underage during sexual encounters with Epstein."

"Those charges do not relate to conduct in which Maxwell conspired with Epstein and stem from depositions in 2016"

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

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

"Case 1:20-cr-00330-AJN Document 207 Filed 04/16/21 Page 10 of 34"

"The Court concludes that statute of limitations in the PROTECT Act applies and that the charges are timely."

"Maxwell contends that it is unfair to allow the Government to prosecute her now for conduct that occurred more than twenty years ago"

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

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

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

"the allegations may reflect conduct undertaken in furtherance of the charged conspiracy or be relevant to prove facts such as Maxwell's state of mind"

"reflect an attempt to introduce Minor Victim-3's testimony for impermissible purposes"