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Case 1:20-cr-00330-AJN Document 62 Filed 10/08/20 Page 1 of 3
U.S. Department of Justice
United States Attorney USDC SDNY
Southern District of New York || POCUMENT
ELECTRONICALLY FILED
The Silvio J. Mollo Building DOC #;
One Saint Andrew’s Plaza DATE FILED: 10/7/20
New York, New York 10007
October 6, 2020
BY ECF
The Honorable Alison J. Nathan The Defendant shall file any
United States District Court SO ORDERED. 10/7/20 | opposition to the Government's
Southern District of New York A i 0 Alto request by October 14, =
United States Courthouse , The Government's reply, if any,
40 Foley Square Alison J. Nathan, U.S.D J. |is due by October 20, 2020.
New York, New York 10007 SO ORDERED.
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Judge Nathan:
The Government respectfully submits this letter to request that the Court grant the
Government permission to delay disclosure to the defense of certain photographs of and documents
regarding victims of sexual abuse by Jeffrey Epstein. These materials relate to abuse that post-
dated the time period charged in the Indictment, and the Government does not intend to offer them
at trial. Although the Government intends to produce these materials to the defendant in advance
of trial, premature disclosure of these materials could jeopardize the Government’s ongoing
investigation and would reveal sensitive victim information months in advance of trial. For these
reasons and as set forth below, the Government respectfully submits, pursuant to Federal Rule of
Criminal Procedure 16(d)(1), that good cause exists to delay disclosure of these items to defense
counsel until eight weeks prior to trial.! The Government has conferred with defense counsel,
who have indicated that they object to this request and intend to submit a letter in opposition.
As the Court is aware, the superseding indictment in this case (the “Indictment”) charges
the defendant in six counts. Count One of the Indictment charges Maxwell with conspiring with
Epstein and others to entice minors to travel to engage in illegal sex acts, in violation of 18 U.S.C.
1 Federal Rule of Criminal Procedure 16 provides for the production of discovery to a defendant,
upon request, of certain materials, such as documents that are material to the preparation of the
defense and documents the Government intends to use in its case-in-chief at trial. However, Rule
16(d)(1) also provides that:
At any time the court may, for good cause, deny, restrict, or defer
discovery or inspection, or grant other appropriate relief. The court
may permit a party to show good cause by a written statement that
the court will inspect ex parte.
A finding of good cause “‘must be based on a particular factual demonstration of potential harm,
not on conclusory statements.’”” United States v. Gangi, No. 97 Cr. 1215 (DC), 1998 WL 226196,
at *2 (S.D.N.Y. May 4, 1998) (quoting Anderson v. Cryovac, Inc., 805 F.2d 1, 8 (1st Cir. 1986)).
DOJ-OGR-00001784