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Case 1:20-cr-00330-PAE Document 480 Filed 11/21/21 Page2of9 Defendant Ghislaine Maxwell requests that the Court enter an Order authorizing her counsel to issue a subpoena under Federal Rule of Criminal Procedure 17(c) to Jordana H. Feldman, Administrator, Epstein Victim’s Compensation Program, for certain items identified in Attachment A to the proposed Subpoena, together attached as Exhibit 1 to this Motion, for the following reasons: I. Background On October 11, 2021, the government began producing 3500 material to the defense. These rolling productions confirmed that the four Accusers referenced in the indictment applied for and received millions of dollars from the Epstein Victim Compensation Fund. Ms. Maxwell requests the Court’s assistance in subpoenaing documents submitted by the Accusers and the witnesses for use at trial. The documents should be returned to this Court for an in camera review and, subject to the Court’s review, disclosed to the defense to be used for impeachment of the witnesses at trial. II. Legal Standard Rule 17(c) permits subpoenas compelling the production of “books, papers, documents, data, or other objects” prior to trial. Fed. R. Crim. P. 17(c)(1). Most district courts in the Second Circuit, including this Court, apply the analysis set forth in United States v. Nixon, 418 U.S. 683, 699-700 (1974). See United States v. Pena, No. 15-CR-551 (AJN), 2016 WL 8735699, at *1 —2 (S.D.N.Y. Feb. 12, 2016). The party requesting the information “must make a preponderance showing that the materials requested are relevant, specifically identified, admissible, and not otherwise procurable by the exercise of due diligence.” /d. (quotations and citations omitted). DOJ-OGR-00007359