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Case 1:20-cr-00330-PAE Document 734 Filed 07/15/22 Page 2 of16 November 19, 2021 Page Two effectively achieve the EVCP’s important societal goals of providing redress to victims and efficiently resolving civil claims outside the glare of a public proceeding. Because Maxwell’s subpoena would compromise that confidentiality and eviscerate the foundation of the EVCP and similar programs, compliance would be “unreasonable or oppressive” under Federal Rule of Criminal Procedure 17(c)(2). And because Maxwell’s subpoena seeks information that is largely (if not entirely) inadmissible under Federal Rule of Evidence 408, it fails the test in United States v. Nixon, 418 U.S. 683, 702 (1974). Maxwell also seeks to subpoena statements of a witness or prospective witness that are not subject to subpoena under Federal Rule of Criminal Procedure 17(h). The subpoena should be quashed in its entirety. Background This background information comes principally from Ms. Feldman’s declaration, which is submitted with this motion,' and public documents about the EVCP, also attached as exhibits. A. Formation and Development of the EVCP In November 2019, the co-executors of Epstein’s estate (the “Epstein Estate”) sought approval from a U.S. Virgin Islands court (where the Epstein Estate is being probated) to create a voluntary claims resolution program for victims of Epstein’s sexual abuse.” The program’s design was led by Ms. Feldman, Kenneth R. Feinberg, and Camille S. Biros—all nationally recognized claims-administration experts.* Mr. Feinberg is the nation’s leading expert in crafting effective dispute resolution alternatives, and, with Ms. Biros, they have designed and Ex. A (Decl. of Jordana H. Feldman in Supp. of Mot. to Quash Rule 17(c) Subpoena (“Feldman Decl.”)). 2 Ex. B at | (Press Release, “Administrator Jordana H. Feldman Announces Proposed Establishment of the Epstein Victims’ Compensation Program,” dated Nov. 14, 2019 (“11/14/19 Press Release’’)). 3 Ex. C at 1 (Press Release, “Renowned Claims Resolution Experts Announce Commencement of the Epstein Victims’ Compensation Program,” dated June 25, 2020 (“6/25/20 Press Release”’)); see Ex. A § 3 (Feldman Decl.). DOJ-OGR-00011452