335.pdf

Type: pdf
Source set: house-oversight-doj
Pages: 3
Text status: Searchable text available
OCR confidence: 0.9379821633665181

Extracted text

Case 1:20-cr-00330-PAE Document 335 Filed 09/03/21 Page1lof3 UNITED STATES DISTRICT COURT USDC SDNY SOUTHERN DISTRICT OF NEW YORK DOCUMENT ELECTRONICALLY FILED DOC #: DATE FILED: 9/3/21 United States of America, _y_ 20-CR-330 (AJN) Ghislaine Maxwell, ORDER Defendant. ALISON J. NATHAN, District Judge: Defendant seeks the Government’s “disclosure of the identities of the unnamed co- conspirators alleged in the S2 indictment.” Dkt. No. 331 at 1. In its August 13 Opinion & Order, this Court noted that the Government had not objected to Defendant’s two prior requests that the Government identify the unnamed co-conspirators. Dkt. No. 317 at 12 n.1; see also Dkt. No. 331 at 1. On August 18, 2021, the Government filed a letter stating that it “objects to any requirement that it provide an exhaustive list of co-conspirators, whether in a bill of particulars or otherwise . . . absent further order of the Court.” Dkt. No. 320 at 1. The Court concludes that the Government’s objection comes too late as the Government had multiple opportunities to raise its objection before this Court issued its opinion. For this and the foregoing reasons, the Court concludes that at the same time that the Government discloses Jencks Act materials, the Government must also disclose to the Defendant the identities of all unnamed co-conspirators alleged in the S2 indictment to whom it will refer at trial. See United States v. Bin Laden, 92 F. Supp. 2d 225, 241 (S.D.N.Y. 2000). Even if the Court were to find that the Government had not waived its objection, it would find unpersuasive the Government’s justifications for withholding this information. “In considering whether to grant a request for identification of unnamed co-conspirators, ‘the Court 1 DOJ-OGR-00005040

Case 1:20-cr-00330-PAE Document 335 Filed 09/03/21 Page2of3 must balance the risk of surprise to the defendant, which is enhanced if ‘there are a large number of co-conspirators and a long-running conspiracy’ with legitimate law …

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