...1) compulsion, 2) a testimonial communication, and 3) the incriminating nature of that communication.” Jn re Grand Jury Subpoena, 826 F.2d 1166, 1168 (2d Cir. 1987). Maxwell contends that the Government violated her right against compelled self-incrimination by obtaining copies of her deposition transcripts from her earlier civil...

...Discussion The defendant argues that the Due Process Clause requires the suppression of the evidence the Government obtained pursuant to subpoena, including the April and July 2016 depositions, and the dismissal of Counts Five and Six. The defendant falls far short of carrying the very heavy burden of establishing a...

...The Street.Com, 273 F.3d 222, 233 (2d Cir.2001) (rejecting claim that deposition testimony became a “judicial document” “because the Court reviewed it in order to decide whether or not to enter [a] protective order’’). DOJ-OGR- 00008998

Case 1:20-cr-00330-PAE Document 311-4 Filed 07/02/21 Page 25 of 27 To Be Filed Under Seal destroy evidence, flee from prosecution, or otherwise seriously jeopardize the Investigation— that caused the Government to proceed via subpoena [to Boies Schiller] and its related Application.” (Gov’t...

...Foreign investigation may also require depositions, pursuant to Rule 15 of the Federal Rules of Criminal Procedure, in the absence of subpoena power to compel witness testimony in the United States. Investigation of witness statements is especially challenging in light of the global pandemic that has imposed numerous constraints, including...

...This Court should (1) suppress all evidence the government obtained from [A and any other evidence derived therefrom; or (2) suppress the April and July 2016 depositions and all evidence derived therefrom; and (3) dismiss Counts Five and Six. ARGUMENT I. The government’s violation of the Fourth Amendment requires...

...As Epstein’s counsel deposed victims related to the state court criminal charges and civil cases against Epstein, counsel suggested that the victims were motivated to testify against Epstein by the government’s promises of financial gain. For example, during a February 20, 2008 state deposition of a victim, defense...

...Maxwell’s alternative argument that BSF’s act of turning over her deposition transcripts was itself compelled testimony is likewise without merit. The Supreme Court has held that the act of producing documents in response to a subpoena implicates the Fifth Amendment only in narrow circumstances—when the existence of...

...While the Government acknowledges the extraordinary ? See, e.g., Press Release, Chairman Comer Subpoenas Ghislaine Maxwell for Deposition at Federal Prison - United States House Committee on Oversight and Accountability (“The facts and circumstances surrounding both [Ms. Maxwell] and Mr. Epstein’s cases have received immense public interest and scrutiny. At...

...While the Government acknowledges the extraordinary ? See, e.g., Press Release, Chairman Comer Subpoenas Ghislaine Maxwell for Deposition at Federal Prison - United States House Committee on Oversight and Accountability (“The facts and circumstances surrounding both [Ms. Maxwell] and Mr. Epstein’s cases have received immense public interest and scrutiny. At...

...As Epstein’s counsel deposed victims related to the state court criminal charges and civil cases against Epstein, counsel suggested that the victims were motivated to testify against Epstein by the government’s promises of financial gain. For example, during a February 20, 2008 state deposition of a victim, defense...

...As Epstein’s counsel deposed victims related to the state court criminal charges and civil cases against Epstein, counsel suggested that the victims were motivated to testify against Epstein by the government’s promises of financial gain. For example, during a February 20, 2008 state deposition of a victim, defense...

...Discussion Maxwell cannot assert a Fourth Amendment claim because she had no legitimate expectation of privacy in the deposition transcripts or other materials she designated as confidential under the protective order. The materials were held by a third party law firm that represented her adversary in the civil suit. See...

...As Epstein’s counsel deposed victims related to the state court criminal charges and civil cases against Epstein, counsel suggested that the victims were motivated to testify against Epstein by the government’s promises of financial gain. For example, during a February 20, 2008 state deposition of a victim, defense...

...Martindell arose after the Government made an informal, telephonic request to the district court in a stockholder derivative suit for access to deposition transcripts, which were subject to a protective order and which the Government planned to use in a criminal investigation. Jd. at 293. The district court denied the...

...The Court Should Deny the Defendant’s Motions to Suppress...............sscssssscssesseese 59 A. Factual Background ...........cecececceeeeeneesececeaeceseeeeneesaeecaeenaeeesneesacecaeeeaeeseneesaeessaeeseeeeeneeenees 61 1. The Civil Lawsuit against Maxwell... ceeceesceeceesseceeeceeneeeeeeceeceaeceeeeseeesaeessaeesteeenee 61 2. February 2016 Meeting ........ ee cceeceseceeeeeeeeeeeeeeeceecaeeeneesacecsaeeaeesneesaeesnaeesaeeeseeesaeessaeenes 62 3. The April and July 2016 Depositions of Maxwell ............eecceeccessceeeeeeeeeeeeeeeeaeecnaeeneeeeenes 64 4. The USAO-SDNY Commences the Instant...