EFTA00022027.pdf

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Source set: data-set-8

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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
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 States v. Ghislaine Maxwell, S2 20 Cr. 330 (MN)
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.
Background
I.
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.
EFTA00022027

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 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 Ci…

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