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Case 1:20-cr-00330-PAE Document 441 Filed 11/12/21 Page4of12 Defendant Ghislaine Maxwell, through counsel, requests that the Court enter an order precluding the government from introducing any alleged co-conspirator statements under Federal Rule of Evidence 801(d)(2)(E) because the government failed to comply with the Court’s Order of September 3, 2021 (Dkt. 335). In support of this request, Ms. Maxwell states: RELEVANT PROCEDURAL HISTORY On multiple occasions Ms. Maxwell requested disclosure of the identity of any alleged co-conspirators in this case along with any statements made by those individuals that the government intends to offer into evidence at trial under Federal Rule of Evidence 801(d)(2)(E). The Court, on September 3, 2021, dismissed the government’s arguments against disclosure noting that the concern raised by the government about disclosure “does not outweigh the risk of surprise to the Defendant in this case or the need for the parties to litigate co-conspirator issues in advance of trial to ensure the absence of delay” Dkt. 335 at 3. The Order was explicit regarding what the government was required to do: First, no later than October 11, 2021, the government was required to “disclose to the defense the identities of any unnamed co- conspirators who allegedly participated in the conspiracies charged in the S2 indictment to whom the government will refer at trial.” Jd. Second, the Court, unambiguously and emphatically, directed: “The Government is FURTHER ORDERED to disclose a// co-conspirator hearsay statements it intends to offer at trial no later than October 11, as consistent with this Court’s scheduling order. Dkt. No. 297 at 1.” (emphasis in original.) On October 11, 2021, the government identified three purported co-conspirators for purposes of trial: Jeffrey Epstein, [x «Thc government, however, failed and refused to disclose “a// (or any) co-conspirator statements it intends to introduce at trial....” Instead, the government, circumventing the plain meaning of the Court’s Order, offered that “[t]he Government has produced all co-conspirator statements which DOJ-OGR-00006560