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Case 1:20-cr-00330-PAE Document 715 Filed 07/12/22 Page1of8 Haddon, Morgan and Foreman, P.C Jeffrey S. Pagliuca oO 150 East 10th Avenue Denver, Colorado 80203 PH 303.831.7364 FX 303.832.2628 www.hmflaw.com jeagliuca@hmflaw.com HADDON MORGAN FOREMAN December 6, 2021 VIA Email The Honorable Alison J. Nathan United States District Court Southern District of New York 40 Foley Square New York, NY 10007 Re: — United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan, I write in response to the government’s untimely disclosure of expert opinion testimony to be offered by Computer Forensic Examiner Stephen Flatley of the Federal Bureau of Investigation’s Computer Analysis Response Team. As explained below, this Court should preclude Examiner Flatley from offering the newly-disclosed expert opinion testimony— everything newly disclosed in the November 26 disclosure, the December 3 email, or the December 5 email. BACKGROUND On September 15, the government wrote to Ms. Maxwell’s counsel to describe the testimony it expected to elicit from Examiner Flatley. The government insisted Examiner Flatley would not offer expert opinions. Instead, the government claimed Examiner Flatley would offer fact testimony about the steps he took to extract and clone certain devices seized under a search warrant. This was the full description of the expected testimony: The Government anticipates that, if called as a witness, Examiner Flatley will testify about his extraction of devices seized pursuant to court-authorized search DOJ-OGR-00011311