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Caébast: 2020 CEP AEN Donurresntt aod Frida 10013201 Patpage afef 4
U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
USDC SDNY One Saint Andrew’s Plaza
DOCUMENT | New York, New York 10007
ELECTRONICALLY FILED
DOC #;
DATE FILED: 10/15/21 October 15, 2021
For the reasons stated in this letter, the Court finds that
BY ECF there is good cause for any motion under Federal Rule of
The Honorable Alison J. Nathan Evidence 412 to be filed no later than October 27, 2021.
United States District Court Any response will be due November 1, 2021. Any hearing
Southern District of New York will tentatively be scheduled for November 5, 2021.
United States Courthouse Additional details will be provided if and when any motions
40 Foley Square are filed. SO ORDERED.
New York, New York 10007
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Me \) A, 0/15/21
Dear Judge Nathan:
The Government respectfully submits this letter in response to the Court’s Order dated
October 14, 2021 (Dkt. No. 347) ordering the Government to respond to the defendant’s October
14, 2021 letter regarding the deadline for filing a motion under Federal Rule of Evidence 412 (Dkt.
No. 345). In particular, the defendant wrote the Court to “confirm that November 15, 2021 is the
deadline for [her] to file a motion under Federal Rule of Evidence 412.” (Dkt. No. 345).
Federal Rule of Evidence 412(a)(1) provides that in a case involving allegations of sexual
misconduct, “evidence offered to prove that a victim engaged in other sexual behavior” is
coe
inadmissible. The Rule “‘aims to safeguard the alleged victim against the invasion of privacy,
potential embarrassment and sexual stereotyping that is associated with public disclosure of
intimate sexual details.’” United States v. Rivera, 799 F.3d 180, 184 (2d Cir. 2015) (quoting Fed.
R. Evid. 412 advisory committee’s note). “The exclusion, however, is not absolute” as Rule 412(b)
provides certain exceptions to this general prohibition in criminal cases. /d. Rule 412 provides
that “[i]f a party intends to offer evidence under Rule 412(b),” the party must file a motion
specifically describing the evidence and the purpose of the evidence, Fed. R. Evid. 412(c)(1)(A),
DOJ-OGR-00005246