# 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

August 12, 2020

## VIA EMAIL

Jeffrey S. Pagliuca, Esq.
Haddon, Morgan and Foreman, P.C.
150 East 10th Avenue
Denver, CO 80203

## Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)

Dear Mr. Pagliuca:

The Government writes in response to your letter dated August 9, 2020 requesting to use discovery materials produced by the Government in the above-referenced criminal case bearing Bates Nos. SDNY_GM_00000834 through SDNY_GM_00000962 (the “Unsealing Materials") to litigate a civil lawsuit.

# U.S. Department of Justice (cont.)

## Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) (cont.)

As an initial matter, the Government notes that it remains unclear whether you make this request in your capacity as defense counsel to Ms. Maxwell in the above-referenced criminal case, or in your capacity as her attorney in a separate civil matter. If the former, the Government maintains that the "Confidential" designation of the Unsealing Materials is appropriate because Chief Judge Colleen McMahon and Magistrate Judge Sarah Netburn have ordered that the Unsealing Materials remain under seal. The only exceptions to those sealing orders are the production of Chief Judge McMahon's April 9, 2019 Order (Bates Nos. SDNY_GM_00000904 through SDNY_GM_00000905) to Boies Schiller & Flexner LLP, and production of the entirety of the Unsealing Materials to Ms. Maxwell as discovery in the above-referenced criminal case. The Unsealing Materials relate to an ongoing criminal investigation, and their public disclosure at this stage risks interference with that investigation. Moreover, the Protective Order issued by Judge Alison J. Nathan in the above-referenced criminal case expressly provides that any and all discovery material produced to the defendant by the Government, regardless of designation, "[s]hall be used by the Defendant or her Defense Counsel solely for purposes of the defense of this criminal action, and not for any civil proceeding or any purpose other than the defense of this action." (Protective Order, ECF No. 36, dated July 30, 2020, ¶¶1(a), 10(a), 14(a)). The Government notes that counsel for Ms. Maxwell expressly consented to that limitation when negotiating the Protective Order in the criminal case. Accordingly, regardless of designation, the Protective Order expressly prohibits use of any discovery materials produced by the Government in the above-referenced criminal case in any civil case.

# U.S. Department of Justice (cont.)

## Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) (cont.)

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To the extent you make this request in your capacity as counsel to Ms. Maxwell in civil litigation, you are welcome to avail yourself of requests for records through the Freedom of Information Act or through a Toughy request, in the same manner as any other litigant seeking to use records from a federal criminal investigation in a civil case. If you wish to make such a request, the undersigned can refer you to the appropriate Assistant United States Attorney in our office's Civil Division, who will process your request.

Very truly yours,

AUDREY STRAUSS
Acting United States Attorney

By:

Assistant United States Attorneys
Southern District of New York
Tel: (212) 637-2324

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