EFTA00027416.pdf

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pdf

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data-set-8

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Case 1:20-cr-00330-AJN Document 335 Filed 09/03/21 Page 1 of 3 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF NEW YORK 
United States of America, 
—v—
Ghislaine Maxwell, 
Defendant. 
USDC SDNY 
DOCUMENT 
ELECTRONICALLY FILED 
DOC 0: 
DATE FILED: 9/3/21 
20-CR-330 (MN) 
ORDER 
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 I. 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 
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EFTA00027416


Case 1:20-cr-00330-AJN Document 335 Filed 09/03/21 Page 2 of 3 
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 conspira…

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