DOJ-OGR-00002714.jpg

Case 1:20-cr-00330-AJN Document 148 Filed 02/04/21 Page 21 of 23 VII. Motion for Accelerated Disclosure of 404(b) Evidence The defense requests that the Court direct the government to disclose any and all acts and any evidence it intends to introduce under Rule 404(b) of the Federal Rules of Evidence or as background of the conspiracy charged in the Indictment. Ms. Maxwell should be put on notice as soon as possible of the exact nature of any 404(b) evidence, the witnesses pertaining thereto, the documents in support thereof and the theory upon which the government asserts admissibility rests. By providing prompt notification, the defense can investigate the allegations and file appropriate motions to permit the Court to make pretrial determinations regarding the admissibility of any potential Rule 404(b) evidence proffered by the government. We have conferred with the government and requested that all Rule 404(b) evidence be provided by March 12, 2021, but the government has denied this request. We therefore request that the Court order the government to produce all Rule 404(b) evidence by that date. CONCLUSION For the reasons set forth above, we respectfully request that the Court grant the motions presented in their entirety. Dated: January 25, 2021 New York, New York Respectfully submitted, /s/ Mark S. Cohen Mark S. Cohen Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue New York, NY 10022 Phone: 212-957-7600 Jeffrey S. Pagliuca 17 DOJ-OGR-00002714