EFTA00030569.pdf

Type: pdf
Source set: data-set-8

Extracted text

U.S. Department of Justice
United States Attorney
Southern District of New York
By Electronic Mail
Christian Everdell, Esq.
Mark Cohen, Esq.
Cohen & Gresser LLP
800 Third Avenue
New York, NY 10022
Laura Menninger, Esq.
Jeffrey Pagliuca, Esq.
Haddon, Morgan and Foreman, P.C.
150 East Tenth Avenue
Denver, CO 80203
Dear Counsel:
The Silvio J. Mono Building
One Saint Andrew's Plaza
New York. New York 10007
October 28, 2020
Bobbi Sternheim, Esq.
Law Offices of Bobbi C. Sternheim
33 West 19th Street-4th Fl.
New York, NY 10007
Re:
United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
We write in response to your letter of October 13, 2020 setting forth "requests for
discovery, inspection, and copying, in accordance with the guarantees of the Fourth, Fifth, and
Sixth Amendments, Rule 16 of the Federal Rules of Criminal Procedure, the Federal Rules of
Evidence, and such other laws and rules as may be applicable." The letter lists 22 specific requests
(the "Requests"). The letter also makes a general request for materials pursuant to Brady v.
Maryland, 373 U.S. 83 (1963) and Kyles v. Whitley, 514 U.S. 419 (1995), followed by 10 "specific
Brady requests."
As an initial matter, we take seriously our disclosure obligations, including those arising
under Rule 16, Brady and its progeny, and Giglio v. United States, 405 U.S. 150 (1972) and its
progeny, and we intend to comply fully with those obligations. We intend to do so irrespective of
whether you specifically request such material, or how you characterize that material. Indeed, as
you are aware, we have already made substantial productions pursuant to Rule 16 and otherwise
in this case. The Government will continue to fulfill all of its obligations going forward.
However, your unilateral assertion that particular items constitute "Brady materials" does
not itself render those materials subject to disclosure, let alone immediate disclosure some nine
months before trial. To the contrary, a …

Open in the interactive archive →