DOJ-OGR-00007431.jpg

Case 1:20-cr-00330-PAE Document 493 Filed 11/22/21 Page1of6 U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew’s Plaza New York, New York 10007 November 7, 2021 The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Judge Nathan: The Government respectfully submits this letter in response to the Court’s order directing the Government to state its position as to whether Minor Victim-3 “could be deemed a victim of any of the crimes charged in the indictment for any legal purposes, including for purposes of restitution under 18 U.S.C. § 3663(a)(2).” The answer is yes. Minor Victim-3 suffered unwanted and traumatic sexual contact with Jeffrey Epstein when she was 17 years old. In addition to making her a victim in the ordinary sense of that word, it makes her a victim of the charged Mann Act conspiracies for at least the following provisions of federal law: the Crime Victim’s Rights Act (“CVRA”), 18 U.S.C. § 3771; the Victim and Witness Protection Act (“VWPA”), 18 U.S.C. § 3663; and Federal Rule of Evidence 412.! Both the CVRA and VWPA contain statutory definitions of the term “victim.” The CVRA defines “victim” as “a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia.” 18 U.S.C. § 3771(e)(2)(A). The VWPA similarly defines “victim” to mean “a person directly and proximately harmed by the commission ' Given the expedited briefing deadline, the Government has not addressed every provision of federal law that references victims, but would be happy to address any additional provisions the Court deems relevant. DOJ-OGR-00007431