DOJ-OGR-00011431.jpg

Case 1:20-cr-00330-PAE Document 732 Filed 07/14/22 Page8of25 The Honorable Alison J. Nathan November 22, 2021 Page 8 As explained below, the government’s relevance arguments also fall short. 1. Payment Records. The payment records are relevant for an obvious reason: They show how much money each accuser was paid in relation to their claims against Mr. Epstein based on his conduct or the conduct of his employees, the very claims for which Ms. Maxwell now stands criminally accused. Ms. Maxwell is charged with conspiring with Mr. Epstein. The payments the accusers received from the EVCP are relevant to their motive and bias in implicating Ms. Maxwell, an alleged conspirator and employee of Mr. Epstein. 2. Claim Release Forms. Despite the government’s professed inability to conjure a theory of relevance, Gov. Mot. at 3, the claim release forms are relevant to the accusers’ motive and bias because Ms. Maxwell and the jury have a right to know what the accusers gave up in exchange for the millions of dollars they received from the EVCP based on the very allegations at issue in this criminal case. 3, Materials Submitted to the EVCP. The government also claims not to understand the relevance of the submissions the accusers made to the EVCP. Gov. at 4-6. (The administrator of the EVCP has no such difficulty, and she does not dispute the relevance of these materials.) The relevance is obvious. Under the EVCP protocol, alleged victims of Mr. Epstein had to explain their entitlement to payments by providing, among other things, documentation, corroboration, or other circumstantial evidence “regarding the nature and extent of the abuse, the frequency, location and other details of the abuse, and the age of the victim at the time of the abuse.” EVCP Protocol, p 5. The accusers’ explanations are relevant because this case is about the very same conduct forming the basis of the accusers’ claimed entitlement to payments from the EVCP. Ms. DOJ-OGR-00011431