Case 1:20-cr-00330-PAE Document 715 Filed 07/12/22 Page1of8
Haddon, Morgan and Foreman, P.C
Jeffrey S. Pagliuca
My 150 East 10th Avenue
Denver, Colorado 80203
PH 303.831.7364
FX 303.832.2628
www.hmflaw.com
[email protected]
HADDON
MORGAN
FOREMAN
December 6, 2021
VIA Email
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007
Re: — United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Judge Nathan,
I write in response to the government’s untimely disclosure of expert opinion testimony
to be offered by Computer Forensic Examiner Stephen Flatley of the Federal Bureau of
Investigation’s Computer Analysis Response Team. As explained below, this Court should
preclude Examiner Flatley from offering the newly-disclosed expert opinion testimony—
everything newly disclosed in the November 26 disclosure, the December 3 email, or the
December 5 email.
BACKGROUND
On September 15, the government wrote to Ms. Maxwell’s counsel to describe the
testimony it expected to elicit from Examiner Flatley. The government insisted Examiner Flatley
would not offer expert opinions. Instead, the government claimed Examiner Flatley would offer
fact testimony about the steps he took to extract and clone certain devices seized under a search
warrant. This was the full description of the expected testimony:
The Government anticipates that, if called as a witness, Examiner Flatley will
testify about his extraction of devices seized pursuant to court-authorized search
DOJ-OGR-00011311