EFTA00010118.pdf

Type: pdf
Source set: data-set-8
Extracted text

U.S. Department of Justice 
United States Attorney 
Southern District of New York 
The SilWoJ. Mollo Building 
One Saint Andrew's Plaza 
New York. New York 10007 
November 18, 2021 
BY E-MAIL 
The Honorable Alison J. Nathan 
United States District Judge 
Southern District of New York 
40 Foley Square 
New York, New York 10007 
Re: 
United States v. Ghislaine Maxwell, S2 20 Cr. 330 (MN) 
Dear Judge Nathan: 
The Government respectfully submits this letter motion to quash the defendant's Rule 
17(c)(3) subpoena to 
the administrator of the Epstein Victims' Compensation 
Program (EVCP). For the reasons set forth below, the subpoena should be quashed.' 
I. 
Applicable Law 
As the defendant acknowledges, she bears the burden of satisfying the standard in United 
States v. Nixon, 418 U.S. 683 (1974). (Def. Mot. at 1). Pursuant to that standard, the "party 
seeking issuance of [a Rule 17(c)] subpoena must clear three hurdles: (1) relevancy; (2) 
admissibility; (3) specificity." United States v. Cole, 2021 WL 912425, at *3 (S.D.N.Y. Mar. 10, 
2021) (internal quotation marks omitted). The proponent must also establish that the records 
sought "are not otherwise procurable." Id. (quoting Nixon, 418 U.S. at 699-700). 
' For sake of simplicity, the Government uses the term "Minor Victims" to include Witness-3. The 
Government acknowledges the Court's order that Witness-3 should not be referenced at trial as a 
victim. 
EFTA00010118


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The Nixon test is enforced strictly. As the Supreme Court has explained, "[i]t was not 
intended by Rule 16 to give a limited right of discovery, and then by Rule 17 to give a right of 
discovery in the broadest terms." Bowman Dairy Co. v. United States, 341 U.S. 214, 220 (1951); 
see also United States v. Purin, 486 F.2d 1363, 1368 (2d Cir. 1973) ("A subpoena duces tecum in 
a criminal case is not intended as a means of discovery."). It is not sufficient for a party to show 
only that the subpoenaed documents "are potentially relevant or ad…
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