From:
To: Gary Bloxsome
Cc: Daniel Cundy
Jennifer Richardson

Subject: RE: Reference materials further to our call
Date: Wed, 23 Sep 2020 22:37:35 +0000
Inline-Images: image001.jpg; image002.jpg

Dear Gary, Thank you for your email of September 16, 2020. We understand that your client has declined to sit for a voluntary interview and provide oral answers in real time to our office. Because the written statement you propose to provide will not assist our investigation, we intend to move forward with our MLA request seeking a compelled interview of your client. Accordingly, we plan to inform the UKCA that the parties are not able to reach agreement on a voluntary interview and that a voluntary interview will not occur. Best regards,



Assistant United States Attorney
Southern District of New York
1 St. Andrew's Plaza
New York NY 10007

From: Gary Bloxsome
Sent: Wednesday, September 16, 2020 2:52 AM
To:
Cc: Daniel Cundy; Jennifer Richardson

Subject: Re: Reference materials further to our call Dear I believe my response is clear. The Duke of York will provide a witness statement and will agree, following the provision of that witness statement, to a voluntary written interview wherein he will answer any and all relevant questions of him as a witness in writing about the full range of topics relevant to your ongoing investigation, including events not covered by the currently pending indictment against Ghislaine Maxwell. If you want to ask any questions in person or via video rather than in writing I am sure the Duke would be willing to receive your questions in that format before providing written answers. Kind regards Gary

Gary Bloxsome| Partner RANKED IN
Chambers LEGAL
500
UK
UNITED KINGDON
2020 TOP TIER
Leading Firm 2020

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On 14 Sep 2020, at 16:56

wrote:

## External email: is it safe to open attachments and links?

## Dear Gary,

Thank you for your email, and I hope you are well, too. Your response does not address two outstanding questions. First, will your client participate in a voluntary interview, either in person or via video, with our office? Second, will your client answer questions - in writing or otherwise -- about the full range of topics relevant to our ongoing investigation, including events not covered by the currently pending indictment against Ghislaine Maxwell?

## Dear Gary, (cont.)

Please note that we will interpret a repeat of your client's offer to answer written questions relevant to the Maxwell indictment as an answer in the negative as to both questions. Best,

Assistant United States Attorney
Southern District of New York
1 St. Andrew's Plaza
New York, NY 10007

From: Gary Bloxsome
Sent: Monday, September 14, 2020 5:39 AM
To:
Cc: Daniel Cundy Jennifer
Richardson

Subject: Re: Reference materials further to our call
Dear

Hope you are well. Thank you for your email of September 10, 2020. We cannot confirm your understanding in the summary form that you present it.

Our client has offered voluntarily to provide a written witness statement in relation to the criminal indictment against Ghislaine Maxwell and has also offered to answer questions in writing in relation to events relevant to that indictment even if they fall outside of the period of the indictment (1994 to 1997). We look forward to hearing from you further. Kind regards Gary

Gary Bloxsome | Partner

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## Dear Gary, (cont.)



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In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covid@blackfords.com

Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CRO 1EA. A list of members' names is available at this address.

GDPR: details of how we handle personal data can be found in our Privacy Statement Authorised and regulated by the Solicitors Regulation Authority under number 462078.

On 10 Sep 2020, at 21:00, > wrote:

## External email: is it safe to open attachments and links?

Gary,

Thank you for your email of September 1, 2020. We would like to confirm our understanding of that correspondence, as informed by all of our communications over the past few months, as conveying that (1) your client will not participate in a voluntary interview-either in person or via videoconference-with our office, and (2) that your client will not voluntarily answer questions, even as part of a written statement, regarding events that took place outside of the period 1994 to 1997. Please let us know if our understanding is incorrect.

Thank you

Assistant United States Attorney
Southern District of New York
1 St. Andrew's Plaza
New York, NY 10007

From:
Sent: Tuesday, September 1, 2020 1:35 PM
To: Gary Bloxsome Daniel Cundy Jennifer
Richardson
Co

Subject: RE: Reference materials further to our call
Gary,
We have received the below communication, and we will revert back as appropriate.
thank you,

Assistant U.S. Attorney
Southern District of New York

From: Gary Bloxsome
Sent: Tuesday, September 01, 2020 13:04
To: Daniel

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Cundy Jennifer Richardson

Subject: Re: Reference materials further to our call

Dear

## External email: is it safe to open attachments and links? (cont.)

We have found our recent conferences with you and your team (on 27 July, 3, 11 and 20 August 2020) helpful and informative and again I extend my thanks for your taking the time to discuss these matters at length. In the UK the provision of a signed witness statement - bearing a statement attesting as to its truth - is a commonly used approach when a witness provides evidence. Whilst we appreciate that such an approach differs from what is standard in the US, we do not consider such an approach would be unhelpful, or of no utility, to your case. Our client is willing to provide you with a witness statement, addressing any issues that he may be able to,in relation to Ghislaine Maxwell and Jeffrey Epstein, his association with them and his knowledge of them such as may be relevant to the prosecution of Ghislaine Maxwell. In addition - should you make written requests for clarification arising from that witness statement - our client could provide written answers by way of a supplementary/addendum statement. Such an interaction could take place more than once if necessary. Providing written answers to either written questions or to questions previously put, is again a common practice in the UK.

## External email: is it safe to open attachments and links? (cont.)

You have invited us to identify any areas or subject topics which we would consider to be inappropriate or irrelevant to be put to our client; we consider that questions put/topics raised should rightfully be limited to the indictment period in the current proceedings (i.e. US v Ghislaine Maxwell), being 1994-1997.

We are of course aware that you have requested a witness interview in your request to the UKCA and to ourselves; you have confirmed to us however (in January this year, through your liaison officer immediately prior to our recent conferences, and then during our conferences) that you regard our client not as a witness but as a subject. We have ventilated at some length our concerns regarding our client being interviewed in those circumstances and we consider a witness statement and the offer of further engagement with written questioning to be a fair compromise and one which would be acceptable in the UK.

## External email: is it safe to open attachments and links? (cont.)

To move forward with the above approach, we would continue to require your assurance that the content of any such witness statement and supplementary written responses be treated with the utmost confidentiality, not used for any purpose other than in relation to the criminal proceedings against Ms Maxwell, and not be shared with any parties outside of your department, including complainants and their representatives in your investigation and in civil matters outside of it. Kind regards Gary

Gary Bloxsome | Partner

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In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covid@blackfords.com

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On 19 Aug 2020, at 18:19,

wrote:

## External email: is it safe to open attachments and links? (cont.)

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# External email: is it safe to open attachments and links?

Received, thank you. We'll speak with you then.

From: Gary Bloxsome
Sent: Wednesday, August 19, 2020 12:39
To:
Cc: Jennifer
Richardson ; Daniel Cundy <
Subject: Re: Keference materials further to our call
Yes
Same dial in details as before.
Regards

Gary Bloxsome | Partner

## COVID-19 - Please see our websiteherefor our updated position in relation to Coronavirus.

In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covid@blackfords.com

# External email: is it safe to open attachments and links? (cont.)

## COVID-19 - Please see our websiteherefor our updated position in relation to Coronavirus. (cont.)

Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CRO 1EA. A list of members' names is available at this address.

GDPR: details of how we handle personal data can be found in our Privacy Statement

Authorised and regulated by the Solicitors Regulation Authority under number 462078.

On 19 Aug 2020, at 17:36, wrote: External email: is it safe to open attachments and links? Gary, Are we still planning to speak via phone tomorrow at 2:30 London time? Regards, From: Daniel Cundy Sent: Sunday, August 09, 2020 12:30 To: Cc: Gary Bloxsome Jennifer Richardson Subject: Reference materials further to our call Dear Apologies for the slight delay. Please find attached an extract from The Decision Procedure and Penalties manual (DEPP 7) from the Financial Conduct Authority handbook - drawing attention to 7.2.14. This practice and approach resonates with the law as set out in United States v. Allen, 864 F.3d (2d Cir.2017). We also attach an extract from the publication

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# External email: is it safe to open attachments and links? (cont.)

## COVID-19 - Please see our websiteherefor our updated position in relation to Coronavirus. (cont.)

'Montgomery and Ormerod on Fraud: Criminal Law and Procedure' (2008) which summarises the approach taken by the Serious Fraud Office (see A7-327) to the limitations and protections on use when their compulsory powers are used in MLAT requests, an approach which reflects such cases as Kastigar v. United States, 406 U.S. 441 (1972) as well as decisions in UK domestic law. We reiterate the protection at Article 7 (2) of the MLAT treaty although there is no need to attach it. Kind regards

Daniel Cundy | Partner

COVID-19 - Please see our websiteherefor our updated position in relation to Coronavirus.

In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covid@blackfords.com

Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CRO 1EA. A list of members' names is available at this address.

GDPR: details of how we handle personal data can be found in our Privacy Statement

Authorised and regulated by the Solicitors Regulation Authority under number 462078.

# External email: is it safe to open attachments and links? (cont.)

## COVID-19 - Please see our websiteherefor our updated position in relation to Coronavirus. (cont.)

Daniel Cundy | Partner

COVID-19 - Please see our websiteherefor our updated position in relation to Coronavirus.

In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covid@blackfords.com

Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CRO 1EA. A list of members' names is available at this address.

GDPR: details of how we handle personal data can be found in our Privacy Statement

Authorised and regulated by the Solicitors Regulation Authority under number 462078.

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