EFTA00018236.pdf

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pdf

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data-set-8

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Case 1:20-cr-00330-AJN Document 195 Filed 04/05/21 Page 1 of 11 
U.S. Department of Justice 
United States Attorney 
Southern District of New York 
The Silvio J. Mollo Building 
One Saint Andrew's Plaza 
New York. New York 10007 
April 5, 2021 
BY ECF 
The Honorable Alison J. Nathan 
United States District Judge 
Southern District of New York 
40 Foley Square 
New York, New York 10007 
Re: 
United Stases v. Chislaine Maxwell, S2 20 Cr. 330 (AJN) 
Dear Judge Nathan: 
The Government respectfully submits this letter in connection with the Court's Order of 
March 24, 2021, regarding the defendant's application for an order authorizing a subpoena 
pursuant to Rule 17(c) of the Federal Rules of Criminal Procedure for records from Boies Schiller 
Flexner LLP ("BSF"). For the reasons set forth herein, the Government respectfully requests that 
the Court (1) direct the defendant to provide the Government with a copy of the proposed subpoena 
to BSF and notice of all existing and future applications for subpoenas under Rule 17(c) returnable 
in advance of trial, and (2) direct that any productions made in response to Rule 17(c) subpoenas 
be produced to the opposing party and marked confidential under the protective order. 
I. 
Background 
As the Court is aware, the Government has produced to the defendant more than 2.7 million 
pages of discovery pursuant to the Government's various discovery obligations, including Rule 
16. The parties are also in discussions about the timing of further productions by the Government, 
including material provided pursuant to 18 U.S.C. § 3500 and Giglio material. 
EFTA00018236


Case 1:20-cr-00330-AJN Document 195 Filed 04/05/21 Page 2 of 11 
Page 2 
Those obligations, and not Rule 17 subpoenas, provide the avenue through which 
defendants in criminal cases obtain discovery. 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 broa…

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