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Case 1:20-cr-00330-PAE Document 494 _ Filed 11/22/21 Page1of12 y= 800 Third Avenue | COHEN & GRESSER LLP New York, NY 10022 +1 212 957 7600 phone www.cohengresser.com Christian R. Everdell +1 (212) 957-7600 ceverdell@cohengresser.com November 11, 2021 The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, NY 10007 Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN) Dear Judge Nathan: On behalf of our client, Ghislaine Maxwell, we respectfully submit this letter in response to (1) the government’s November 5, 2021 letter in further opposition to Ms. Maxwell’s Motion in Limine to Exclude Evidence Related to Accuser-3 (Dkt. 387), and (ii) the government’s November 7, 2021 letter in response to the Court’s order, dated November 6, 2021, directing the government “to state its position as to whether this anticipated witness could be deemed a victim of any of the crimes charged in the indictment for any legal purpose.” (Dkt. 417). For the reasons set forth below and in our prior motion, the evidence related to Accuser-3 is not direct evidence of any of the conspiracies charged in the S2 Indictment and is improper propensity evidence that should be excluded under Rule 404(b) and Rule 403 of the Federal Rules of Evidence. 1. Accuser-3’s Evidence Is Not Direct Evidence of Any Conspiracy Charged in the S2 Indictment The Court asked the government to do two things at the November 1, 2021 pretrial conference concerning the admissibility of Accuser-3’s evidence: (1) provide additional briefing on why Accuser-3’s evidence could potentially be admitted as direct evidence of the sex trafficking conspiracy charged in Count Five, and (ii) outline in further detail Accuser-3’s 2049808. 1 DOJ-OGR-00007437