DOJ-OGR-00002962.jpg

Case 1:20-cr-00330-PAE Document 204 _ Filed 04/16/21 Page 28 of 239 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARR RE RR RRs Xx UNITED STATES OF AMERICA -V.- i S1 20 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. nce Ee RR RTE REE ETRoRE x PRELIMINARY STATEMENT The Government respectfully submits this memorandum in opposition to the defendant’s twelve pre-trial motions, dated January 25, 2021 (the “Defense Motions”). In her pretrial motions, the defendant seeks to throw everything but the proverbial kitchen sink at the Indictment, raising myriad arguments that find little support in fact or law. For the reasons that follow, the motions should be denied in their entirety. First, the non-prosecution agreement between Jeffrey Epstein and the U.S. Attorney’s Office for the Southern District of Florida is entirely irrelevant to this case, and the defendant’s motion fails as a matter of law. Second, the indictment is timely under 18 U.S.C. § 3283, which provides an extended statute of limitations for crimes involving the sexual abuse of minors. The defendant’s statute of limitations arguments run contrary to the text of the statute, the intent of Congress, and the weight of authority. Third, the defendant’s claim that the Government delayed in bringing the indictment fails as a matter of law and fact. Fourth, both of the defendant’s motions to suppress evidence obtained through a judicially approved subpoena are meritless, and her allegations of Government misconduct are baseless. Fifth, Counts Five and Six—which charge the defendant with committing perjury—are properly pleaded, and the defendant’s motion to DOJ-OGR- 00002962