EFTA00093025.pdf

U.S. Department of Justice Criminal Division VAA:WHG:JEC:JTM DOJ No. CRM-182-73090 Office of International Affairs Washington, D.C. 20530 FROM: The Central Authority of the United States TO: The Central Authority of the United Kingdom SUBJECT: Request for Expedited Assistance in the Matter of the Prosecution of Ghislaine Maxwell DATE: August 4, 2021 The Central Authority of the United States of America ("U.S.") requests the assistance of the Central Authority of the United Kingdom ("UK") under the 1994 Treaty on Mutual Legal Assistance in Criminal Matters between the U.S. and the UK, as amended by the 16 December 2004 Instrument and exchange of notes ("the Treaty"). The United States Attorney for the Southern District of New York and the Federal Bureau of Investigation (collectively the "U.S. authorities") are prosecuting Ghislaine Maxwell in connection with her role in the sexual exploitation and abuse of multiple minor girls by Jeffrey Epstein from at least in or about 1994, up to and including at least in or about 2004. The U.S. authorities seek the following evidence from the UK: school records; a birth certificate; and border and/or passport records reflecting entry and exit from the UK. The U.S. authorities may use the requested records and information in the U.S. criminal investigation and proceedings, as defined at Article 19 of the Treaty, and in other U.S. criminal investigations and proceedings, as well as non-criminal judicial or administrative proceedings EFTA00093025 directly related to the U.S. criminal investigations and proceedings, pursuant to Article 7 of the Treaty. TIME CONSTRAINTS Please execute this request on an expedited basis. Trial in the prosecution of United States v. Ghislaine Maxwell is scheduled to begin on November 29, 2021, with production of evidence required in advance of trial. Accordingly, the U.S. authorities seek to acquire material as requested herein as soon as possible, and no later than October 15, 2021. CONFIDENTIALITY Please treat this request as confidential. This request is sensitive in that it recounts specifics and evidentiary detail that may not be known, the exposure of which could impede the prosecution of Maxwell, and the U.S. authorities' related ongoing investigation. Premature notification of the existence of this request could jeopardize the investigation or compromise the trial of Maxwell by prematurely identifying a victim/witness, and potentially causing others to intimidate potential witnesses. Accordingly, pursuant to Articles 4(3)(j) and 7 of the Treaty, please keep this request confidential and please ensure that neither its contents nor its subject matter are shared with any persons, or with any government officials whose knowledge is not necessary for purposes of executing this request. THE FACTS U.S. citizen Jeffrey Epstein is alleged to have engaged in the sexual abuse of minor girls during the period of approximately 1994 through 2005. On or about July 2, 2019, a grand July in the Southern District of New York returned an indictment charging Epstein with violations of U.S. criminal laws in connection with his sexual abuse of minors, including with engaging in a conspiracy to sexually traffic in minors. Epstein was arrested pursuant to the indictment on or 2 EFTA00093026 about July 6, 2019, and was detained pending trial in New York. On or about August 10, 2019, Epstein committed suicide in his cell. Notwithstanding Epstein's death, the investigation that led to his indictment remains ongoing. That investigation has revealed evidence of additional criminal conduct by Epstein and his associates, including Ghislaine Maxwell. On or about June 29, 2020, a grand July in the Southern District of New York returned an Indictment charging Maxwell with violations of U.S. criminal laws in connection with her role in assisting, facilitating, and contributing to Epstein's sexual abuse of minors by, among other things, helping Epstein to recruit, groom, and ultimately abuse victims known to Maxwell and Epstein to be under the age of 18. Maxwell was arrested pursuant to the Indictment on or about July 2, 2020, and has been detained pending trial in New York since that date. On or about March 29, 2021, a grand jury in the Southern District of New York returned a Superseding Indictment charging Maxwell with violations of U.S. criminal laws. The Superseding Indictment alleges that from at least in or about 1994, up to and including at least in or about 2004, Maxwell enticed and conspired with Epstein to entice and cause minor victims to travel to New York, which Maxwell knew and intended would result in their grooming and subjection to sexual abuse by Epstein. The Superseding Indictment also alleges that Maxwell participated in a sex trafficking conspiracy between approximately 2001 and 2004 and that Maxwell participated in the sex trafficking of a minor, and aided and abetted the same. Finally, the Superseding Indictment also alleges that Maxwell provided false and perjurious statements, under oath, regarding, among other subjects, her role in facilitating the abuse of minor victims by Epstein. The Superseding Indictment describes Maxwell's conduct as to four particular minor victims. Among other things, Maxwell groomed and befriended one of the minor victims, in London, England between approximately 1994 and 1995, including 3 EFTA00093027 during a period of time in which Maxwell knew that was under the age of 18. Maxwell introduced to Epstein in London and encouraged to massage Epstein, knowing that Epstein would engage in sex acts with during those massages. Epstein and Maxwell invited United States and Europe. It is anticipated that to travel with them to various places, including in the will testify at trial. The U.S. authorities seek evidence from several sources to corroborate her testimony. First, the U.S. authorities seek records of • attendance at between approximately 1994 and 1995 and her applications and acceptance to in the 1990s. Second, the U.S. authorities seek a copy of birth certificate to establish her age at the time of the charged conduct. Third, the U.S. authorities request records held by the UK government (including passport, border, and other records) reflecting any travel outside of the UK, and any entries into the UK between approximately 1993 to 1999 for as well as documentation related to the destinations to which she travelled, and identifying information about any persons travelling with her. The U.S. authorities note that is cooperating with prosecutors in this case and that they have been encouraged by her counsel to obtain evidence which corroborates her account of relevant events. THE OFFENSES The criminal conduct being investigated currently implicates the following offenses. Note that pursuant to Articles 7 and 19 of the Treaty, the U.S. authorities may determine that additional or different offenses may also be implicated in this matter: Title 18, United States Code, Section 371 Conspiracy If two or more persons conspire ... to commit any offense against the United States ... and one or more of such persons do any act to effect the object of the conspiracy, each shall [have committed a crime and be] imprisoned not more than five years. 4 EFTA00093028 Title 18, United States Code, Section 2423 Transportation of Minors (a) Transportation with intent to engage in criminal sexual activity (1) A person who knowingly transports an individual who has not attained the age of 18 years in interstate or foreign commerce, or in any commonwealth, territory or possession of the United States, with intent that the individual engage in prostitution, or in any sexual activity for which any person can be charged with a criminal offense, shall [have committed a crime and be] imprisoned not less than 10 years or for life.' Title 18, United States Code, Section 2422 Coercion and Enticement (1) (b) Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall [have committed a crime and be] imprisoned not less than 10 years or for life.2 Title 18, United States Code, Section 1591 Sex Trafficking of Minors and by Force, Fraud, and Coercion (a) Whoever knowingly — (1) in or affecting interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States, recruits, entices, harbors, transports, provides, obtains, advertises, maintains, patronizes, or solicits by any means a person; or (2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act described in violation of paragraph (1), knowing, or, except where the act constituting the violation of paragraph (1) is advertising, in reckless disregard of the fact, that means of force, threats of force, fraud, coercion described in subsection (e)(2), or any combination of such means will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act, shall [have committed a crime]. (b) The punishment for an offense under subsection (a) is — ' The penalties stated herein apply to conduct that occurred after July 27, 2006. For conduct that occurred prior to that time, the penalties would be lower and may not include mandatory minimum sentences. 2 The penalties stated herein apply to conduct that occurred after July 27, 2006. For conduct that occurred prior to that time, the penalties would be lower and may not include mandatory minimum sentences. 5 EFTA00093029 (1) if the offense was effected by means of force, threats of force, fraud, or coercion ...or by any combination of such means, or if the person recruited, enticed, harbored, transported, provided, obtained, advertised, patronized, or solicited had not attained the age of 14 years at the time of such offense, by a fine under this title and imprisonment for any term of years not less than 15 or for life; or (2) if the offense was not so effected, and the person recruited, enticed, harbored, transported, provided, obtained, advertised, patronized, or solicited had attained the age of 14 years but had not attained the age of 18 years at the time of such offense, by a fine under this title and imprisonment for not less than 10 years or for life.; Title 18, United States Code, Section 1623 Perjury (a) Whoever under oath (or in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code) in any proceeding before or ancillary to any court or grand jury of the United States knowingly makes any false material declaration or makes or uses any other information, including any book, paper, document, record, recording, or other material, knowing the same to contain any false material declaration, shall be fined under this title or imprisoned not more than five years, or both. PERSONS AND ENTITIES INVOLVED Name: Ghislaine Maxwell Date of Birth: Place of Birth: France Citizenship: U.S., UK, France Name: Jeffrey E stein Date of Birth: Place of Birth: Citizenship: Name: Date of Birth: Eir Place of Birth: Citizenship: UK 3 The penalties stated herein apply to conduct that occurred after July 27, 2006. For conduct that occurred prior to that time, the penalties would be lower and may not include mandatory minimum sentences. 6 EFTA00093030 ASSISTANCE NEEDED Business Records Please provide records demonstrating the enrollment and attendance of between approximately 1994 and 1995. Please provide records demonstrating application and acceptance to and/or attendance at the 1990s. Official Records Birth Certificate Please provide a certified copy of a birth certificate of Travel/Border Records Please provide all records held by the UK government (including passport, border, and other records) reflecting any travel outside of the UK, and any entries into the UK between approximately 1993 to 1999 for With regard to such travel, the U.S. authorities also request documents reflecting the destinations to which she travelled and identifying information about any persons travelling with her. 7 EFTA00093031 PROCEDURES TO BE FOLLOWED Business Records Under United States law, foreign business records are usually admitted into evidence in a proceeding in the United States after the party offering them proves, through the testimony at trial of a qualified witness, that: 1. the records produced are true and accurate copies of original records in the custody of the business; 2. the business made or kept the originals in the ordinary course of business and as a regular business practice; and 3. the originals were made, at or near the time of the occurrence of the transactions they record, by a person who either had knowledge of those transactions or received the information from a person with such knowledge. The testimony of a qualified witness may be unnecessary at trial in the United States where that witness makes or provides a written declaration in a foreign jurisdiction (i.e., the United Kingdom) that (I) contains essentially the same information noted in items 1-3 above and (2) subjects the witness to criminal penalties under the laws of the foreign jurisdiction if the declaration is false. Article 8(5) of the Treaty provides for such a declaration. In accordance with Article 8 of the Treaty, please have the appropriate authorities in the United Kingdom do the following: 1. require each business official producing records to complete, and sign the attached Certificate of Authenticity of Business Records; and 2. attach the completed certificate to the corresponding records produced by the business official and transmit the records with certificate, through or as directed by the Central Authority for the United Kingdom, to the Office of International Affairs, U.S. Department of Justice. In accordance with Article 10(2) of the Treaty, please invite each business official producing records to appear, if it should become necessary, at a date to be determined in December 8 EFTA00093032 2021, at the United States District Court for the Southern District of New York, 40 Foley Square, Courtroom 906, at the expense of the United States government, to testify at trial. Please notift entities submitting responsive records that if they fail to complete the necessary certificate, the U.S. authorities will need to seek a compelled interview and compelled trial testimony under the terms of the Treaty. Completing the necessary certificate will likely avoid the need for such an interview or testimony. Official Records Under United States law, foreign official records are usually admitted into evidence in a proceeding in the United States only after the party offering them proves, through a qualified witness who either gives testimony at trial or provides a certification, that: I. the records are true and accurate copies of records maintained by a foreign government office or agency; 2. the foreign government office or agency is authorized by foreign law to maintain them; and 3. the foreign official providing the records is doing so in his or her official capacity. Because a certification containing the information noted above is sufficient, please: in accordance with Article 9(3) of the Treaty, have the appropriate custodian of official records complete the attached Attestation of Authenticity of Foreign Public Documents; and attach the completed certificate to the corresponding records produced by the official and transmit the records with certificate, through or as directed by the Central Authority for the United Kingdom, to the Office of International Affairs, U.S. Department of Justice. 9 SBU -LAW ENFORCEMENT EFTA00093033 CONCLUSION We thank you for your assistance with this matter of the prosecution of Ghislaine Maxwell and ask that you keep us apprised of all developments. 4 August 2021 Date Office of International Affairs Criminal Division U.S. Department of Justice 10 SBU -LAW ENFORCEMENT EFTA00093034 CERTIFICATE OF AUTHENTICITY OF BUSINESS RECORDS (Name), attest on penalty of criminal punishment for false statement or false attestation that I am employed by (Name of Business from which documents are produced) and that my official title is (Official Title). I further state that each of the records attached hereto is the original or a duplicate of the original of records in the custody of (Name of Business from which documents are produced). I further state that: A) such records were made at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters; B) such records were kept in the course of a regularly conducted business activity; C) the business activity made the records as a regular practice; and D) if any of such records is not the original, such record is a duplicate of the original. (Signature) (Date) II SBU -LAW ENFORCEMENT EFTA00093035 ATTESTATION OF AUTHENTICITY OF FOREIGN PUBLIC DOCUMENTS (Name), attest on penalty of criminal punishment for false statement or attestation that my position with the Government of (Country) is (Official Title) and that in that position I am authorized by the law of (Country) to attest that the documents attached and described below are true and accurate copies of original official records which are recorded or filed in (Name of Office or Agency) which is a government office or agency of the Government of (Country). Description of Documents: (Signature) (Title) (Date) 12 SBU -LAW ENFORCEMENT EFTA00093036