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Case 1:20-cr-00330-AJN Document 192 Filed 03/31/21 Page 1 of 3 LAW OFFICES OF BOBBI C. STERNHEIA 212-243-1100 © Main 33 West 19th Street - 4th Floor 917-306-6666 ® Cell New York, New York 10011 888-587-4737 ° Fax bc@sternheimlaw.com March 31, 2021 Honorable Alison J. Nathan United States District Judge United States Courthouse 40 Foley Square New York, NY 10007 United States v. Ghislaine Maxwell S2 20 Cr. 330 (AJN) Dear Judge Nathan: This week’s filing of the second superseding indictment presents new and complicating issues. In addition to expanding a three-year conspiracy to 10 years, the government has added two serious charges that drastically change the focus of this case. That the government has made this move late in the game — with trial set for July 12 —is obvious tactical gamesmanship. Adding charges that were never launched against Jeffrey Epstein based on evidence that was in the government’s possession for years is shocking, unfair, and an abuse of power. More than doubling the time period of the originally charged conspiracy from 1994 to 2004 (previously 1997) and alleging two distinctly different substantive counts requires: additional investigation; requests for additional discovery; the need to supplement pretrial motions that have fully briefed and are pending before the Court; and the drafting and filing of additional motions pertinent to the new indictment. Accordingly, a new briefing schedule is required. Even more concerning is the impact this late-breaking filing has on Ms. Maxwell’s constitutional rights. Her liberty interests now clash with her right to effective assistance of counsel. The Court is aware of the extraordinary circumstances of Ms. Maxwell’s detention, its deleterious effect on her health and well-being, and the realistic concern whether she will be strong enough to withstand the stress of trial. Counsel have not yet determined whether to formally move for a continuance. This decision is not an easy one. Ms. Maxwell and her lawyers have been diligently preparing for trial. However, the government’s continued refusal to provide the most basic discovery — names of accusers — coupled with what amounts to a new indictment (after what was supposed to be the close of discovery and the resolution of very complicated legal issues) has effectively prevented trial preparation from moving forward in an orderly manner. Accordingly, we have requested an opportunity to confer with government counsel with the goal of clarifying the necessity of moving the trial date. DOJ-OGR-00002884