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Case 1:15-cv-07433-LAP Document 1331-4 Filed 01/05/24 Page 11 of 21 violated no duty she directly owed to the Government, and thus violated no duty she (arguably) indirectly owed to the Defendant. Cc. There Was No Willful Destruction of Evidence An additional reason for denying the motion is that Ms. Giuffre lacked any “culpable” state of mind. “A party must have acted in bad faith — intentionally or willfully — in order to have a sufficiently culpable state of mind warranting an adverse inference . . . [which] may be met through ordinary negligence.” See In re Methyl Tertiary Butyl Ether Prods. Liab. Litig., 643 F. Supp. 2d 482, 495-96 (S.D.N.Y. 2009) (denying sanctions) (internal quotations omitted). In burning her journal, in which she had written painful memories of repeated sexual abuse, Ms. Giuffre did not have a culpable state of mind, nor was she negligent. To the contrary, as Defendant conceded in her moving brief, Ms. Giuffre testified — at two depositions - that she burned her journal as a “spiritual” act of healing from her sexual abuse in an effort to move forward with life. Specifically, as Defendant notes, Ms. Giuffre testified, “I was burning like memories, thoughts, dreams that I had, just everything that was kind of affiliated with the abuse I endured”. See Schultz Decl. at Exhibit 2, January 16, 2016, Giuffre Dep. Tr. at 64:24-65:3. Ms. Giuffre also testified, “‘. . . it was not under the instruction of my lawyers to do this. My husband and I were pretty spiritual people and we believed that these memories were worth burning.” See Schultz Decl. at Exhibit 3, May 3, 2016, Giuffre Dep. Tr. at. 205:25-206:3. Accordingly, Ms. Giuffre’s state of mind was that of a child sex abuse victim who later, in pain, attempted to achieve spiritual recovery by burning memories she had recently recorded of the sex abuse — abuse, it is worth recalling, she endured at the hands of Defendant and Epstein. Importantly, as Defendant concedes, this journal was not created at the time Defendant and Epstein subjected her to sexual abuse. (Q. “So you did not write this journal at the time it happened?” A. “No.” Q. “You started writing this journal approximately a decade after you 8