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Case 1:20-cr-00330-PAE Document 269 Filed 05/04/21 Page1of9
U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew’s Plaza
New York, New York 10007
May 4, 2021
BY ECF
The Honorable Alison J. Nathan
United States District Judge
Southern District of New York
40 Foley Square
New York, New York 10007
Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN)
Dear Judge Nathan:
The Government respectfully submits this letter in connection with the Court’s Order of
April 27, 2021, regarding the defendant’s request for an order authorizing a subpoena pursuant to
Rule 17(c)(3) of the Federal Rules of Criminal Procedure for records from Boies Schiller Flexner
LLP (“BSF”). In the Order, the Court directed the Government to notify the Court of its views as
to Requests 9 through 11. For the reasons set forth below, the Government respectfully submits
that Requests 9 and 11 should be denied, and the Court should reserve decision with respect to
Request 10, which the Government expects may be rendered moot.
1. Applicable Law
As the Court explained in its Order, a defendant seeking material pursuant to a Rule 17(c)
subpoena bears the burden of satisfying the standard in United States v. Nixon, 418 U.S. 683
(1974). Pursuant to that standard, a Rule 17(c) subpoena “should not issue unless it meets three
criteria: ‘(1) relevancy, (2) admissibility, (3) specificity.’” United States v. Binday, 908 F. Supp.
2d 485, 491 (S.D.N.Y. 2012) (quoting Nixon, 418 U.S. at 700).
DOJ-OGR- 00004094