EFTA01660475.pdf

in Crime:al Case A0119 (Rev. OEM) Subpoena to Testify a a Haring of ilia UNITED STATES DISTRICT COURT 4 for the SoUthemalffigpf New York United Statec of America Case No. S2 20 Cr. 330 (MN) Ghislaine Maxwei CASE SUBPOENA TO TESTIFY AT A REARING OR TRIAL IN A CRIMINAL To: 600 Jou/Ark kr re SuiteSa) n-,334a Nest IVo2, rah P States district court at the time, date, and place shown YOU ARE COMMANDED to appear in the United officer below to testify in this criminal case. When you arrive, you must remain at the court until the judge or a court allows you to leave. Place of Appearance'. United States Courthouse Courtroom No.-' 318 40 Foley Square New York, NY 10007 Date and Time: tatiP9Pileat• 9:00 am /relay Z/ You must also bring with you the following documents, electronically stored information, or objects (blank ((not applicable): ‘‘‘. 0.0%‘%.• it • ••••::‘ • .% C. %Ye.------ •••..14/ t< S." 62071 , Deputy Clerk The name, address, e-mail, and telephone numbs of the attorney representing (name limy) NS. &SAithe 404,41je , who requests this subpoena, arc: efiribian Ceded Cohenf nser L z 77)/ral 6 Aradrotx NV Ao00.2. 0?0,- 967- Aro EFTA01660475  SOO Ttwd AVW•J• COHEN & DRESSER LLP Nµ yea. NY !OCC2 +1 212957 7603 Owns %week colvmsnoaccom Cluitdan R. Evaddi +1 (212) 957-7600 cevedabgcohapyaser.com November 15, 2021 a (KO vt-4 BY FIRST CLASS MAIL vet PL-5 Mr. Kenneth A. Polite, Jr. m00 -t Assistant Attorney General Criminal Division U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, D.C. 20530-0001 Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN) Dear Assistant Attorney General Polite: We represent the defendant, Ghislaine Maxwell, in the above-referenced matter. This letter constitutes a request made pursuant to United States a. reL Touhy v. Regan, 340 U.S. 462 (1951), for the testimon of 1 FBIJSSpecial Agent and (2) former Assistant United States Attorney at the trial in s case on November 29, 2019 at 9:00 A.M., before the Honorable Alison athan, United States District Judge. In accordance with 28 C.F.R. § 16.23(c), we make the following statement setting forth a summary of the testimony we seek: was co-case agent in charge of an investigation into allegations of sexual abuse by Jeffrey Epstein conducted by the Palm Beach FBI and the U.S. Attorney's Office for the Southern District of Florida from approximately July 2006 to June 2008 (the "Florida Investigation"). During the course of the Florida Investigation, was present for numerous interviews of witnesses who alleged that they were sexually abused by Jeffrey Epstein, including at least one witness who is anticipated to testify against Ms. Maxwell at the trial in the above- captioned case the "Witness"). The interview of the Witness took place on August 7, 2007. took contemporaneous notes of the interview and summarized his notes in an FBI 302, dated August 13, 2007. The government has produced notes and the FBI 302 to the defense as part of the criminal discovery in this case. In the event that the Witness's testimony at trial is inconsistent with the statements she made at the August 7, 2007 interview, the defense would seek to call to impeach the Witness. is a former Assistant United States Attorney in the United States Attorney's Office for the Southern District of New York ("USAO-SDNY"), who is 205/2791 EFTA01660476 U.S. Department of Justice November 15, 2021 Page 2 now in private practice.' In her capacity as the Human Trafficking and Project Safe Childhood Coordinator for the USAO-SDNY, Ms. met with attorneys for several of the alleged victims who are testifying against Ms. Maxwell in this case on February 29, 2016. At that meeting, the attorneys for the alleged victims attempted to persuade Ms. to open an investigation into Jeffrey Epstein and Ms. Maxwell and discussed how a previous investigation into Mr. Epstein by the United States Attorney's Office for the Southern District o Fl rids had been resolved by a Non-Prosecution Agreement ("NPA"). Ms. took contemporaneous notes of that meeting and soon afterwards entailed the Chief of the Criminal Division of the USAO-SDNY to discuss the case. The USAO-SDNY did not open an investigation at that time. In late-November 2018, Ms. read an article in the Miami Herald which was extremely critical of the Epstein NPA and highlighted the extent of ilitein's alleged crimes. Shortly after reading the Miami Herald article, Ms. approached prosecutors in the Public Corruption Unit of the USAO-SDNY, including several of the cocutors on this case, and told them about the February 29, 2016 meeting. Ms. also provided the prosecutors with her notes of the meeting and other documents in her file. Shortly after that, the USAO-SDNY opened an investigation into Epstein that ultimately led to the indictment against Ms. Maxwell. ernment has produced to the defense in discovery, among otherthins Ms. as Tl notes of the February 29, 2016 meeting, emails between Ms. the prosecutors from the Public Corruption Unit in November-DecemberZaand and the prosecution team's notes of a February 11, 2021 phone call with Ms. in which she discusses her recollection of the February 29, 2016 meeting and her interactions with the prosecutors in November-December 2018. In the event that Judge Nathan permits the defense to elicit testimony at trial about the February 29, 2016 meeting and Ms. subsequent interactions with the prosecutoiii. this case in November-December 2018, the defense would seek to call Ms. to testify about those topics. The testimony of and Ms. is relevant and material to the issues in this case. Furthermore, it is Ms. Maxwell's position that the disclosure is appropriate under rules of I Although Ms. is no longer an employee for the Department of Justice, the Department's Touhy regulations apply to "any information acquired by any person while such person was an employee of the Department as a part of the performance of that person's official duties or because of that person's official status." 28 C.F.R. § 16.21(a); see also Justice Manual, Section 1.6.111 (included in the definition of "employee" are "former Department employees in cases in which the subpoena or demand seeks testimony as to information acquired while the person was employed by the Department"). 2051279.1 EFTA01660477 U.S. Department of Justice November 15, 2021 Page 3 procedure and that disclosure, to Ms. Maxwell's knowledge, would not violate any statute or regulations or reveal confidential sources, classified information, trade secrets, ongoing investigations, or investigatory techniques. (28 C.F.R. § 16.26(b)). If you have any questions or would like to discuss further, please do not hesitate to contact me. Sincerely, /s/ Christian R. Everdell Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue, 21st Floor New York, New York 10022 (212) 957-7600 cc: All counsel of record (by email) 2051219.1 EFTA01660478