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Case 1:20-cr-00330-PAE Document544 Filed 12/14/21 Page4of9 The Honorable Alison J. Nathan December 13, 2021 Page 4 e Mr. Scarola was present for interviews of Carolyn by the government on January 19 and January 21, 2021. e Mr. Scarola represented Carolyn in her claim submitted to the Epstein Victim Compensation Program (EVCP), and he filed the claim on October 20, 2021. e Mr. Scarola, on behalf of Carolyn, resolved the claim against the EVCP for $3,250,000. None of this testimony implicates the attorney-client privilege. Ms. Maxwell is not asking questions about confidential communications between Carolyn and her attorney. She is asking questions primarily about Mr. Scarola’s interactions with the government. To the extent the answers to Ms. Maxwell’s questions allude to any statements made by Carolyn, those statements are not confidential because they were made in the presence of, or with the understanding that they would be disclosed to, a third party—the government. And all this testimony is relevant to establish the timeline of Carolyn’s cooperation with the government and her motive and bias in testifying against Ms. Maxwell, in particular the fact that Carolyn was unresponsive and uncooperative until there was the prospect of a payout from the EVCP. Unless put at issue by the government during cross-examination, Ms. Maxwell does not intend to ask Mr. Scarola any questions about any communications between Carolyn and Mr. Scarola, or other employees working with Mr. Scarola, concerning the above referenced email or phone discussions between Mr. Scarola and the government. The government has not met its burden of proving the attorney-client privilege applies. Any statements about forwarding messages to Carolyn were not made for the purpose of obtaining legal advice nor intended to be kept confidential. The initial statement from Mr. DOJ-OGR-00008367