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, No. 13 CIV. 1654 RA HBP, 2014 WL 5420225 (S.D.N.Y. Oct. 24, 2014) 2 United States v. Cortina, 630 F.2d 1207 (7th Cir. 1980) 5 United States v. Heath, 455 F.3d 52 (2d Cir. 2006) 7 United States v. Lavender, 583 F.2d 630 (2d Cir. 1978) 2, 4 United States v. Leon, 468 U.S. 897 (1984) 5 United S
n this in more detail. Maxwell Pre-Trial Mot. Nos. 4 8c 5. But the point is this: The defamation case should have been extremely narrow, but Boies Schiller transformed it into something much broader—a proxy prosecution of Epstein and Maxwell for allegedly trafficking and abusing Giuffre, which then comp
, No. 13 CIV. 1654 RA HBP, 2014 WL 5420225 (S.D.N.Y. Oct. 24, 2014) 2 United States v. Cortina, 630 F.2d 1207 (7th Cir. 1980) 5 United States v. Heath, 455 F.3d 52 (2d Cir. 2006) 7 United States v. Lavender, 583 F.2d 630 (2d Cir. 1978) 2, 4 United States v. Leon, 468 U.S. 897 (1984) 5 United S
n this in more detail. Maxwell Pre-Trial Mot. Nos. 4 8c 5. But the point is this: The defamation case should have been extremely narrow, but Boies Schiller transformed it into something much broader—a proxy prosecution of Epstein and Maxwell for allegedly trafficking and abusing which then compelled Ma
, No. 13 CIV. 1654 RA HBP, 2014 WL 5420225 (S.D.N.Y. Oct. 24, 2014) 2 United States v. Cortina, 630 F.2d 1207 (7th Cir. 1980) 5 United States v. Heath, 455 F.3d 52 (2d Cir. 2006) 7 United States v. Lavender, 583 F.2d 630 (2d Cir. 1978) 2, 4 United States v. Leon, 468 U.S. 897 (1984) 5 United S
n this in more detail. Maxwell Pre-Trial Mot. Nos. 4 8c 5. But the point is this: The defamation case should have been extremely narrow, but Boies Schiller transformed it into something much broader—a proxy prosecution of Epstein and Maxwell for allegedly trafficking and abusing which then compelled Ma
2002) 115 United States v. Harrison, 764 F. Supp. 29 (S.D.N.Y. 1991) 72 United States v. Hastings, 461 U.S. 499 (1983) 160 United States v. Heath, 455 F.3d 52 (2d Cir. 2006) 132, 133 United States v. Henderson, 337 F.3d 914 (7th Cir. 2003) 61, 62 United States v. Henry, 861 F. Supp. 119
r 18, 2018. Shortly thereafter, in or about December or January 2018, the Government indicated to at I that it intended to make document requests. Schiller generally advised the Government that a protective order would govern some of the materials. (Id. at 3). In or about February 2019, approximately t
that each of the contingencies necessary to the legal discovery of the contested evidence would be resolved in the government's favor." Id. (quoting Heath, 455 F.3d at 60). As the Supreme Court has explained, if the Government can establish that the evidence inevitably would have been discovered by la
ast, the Government accurately conveyed to Chief Judge McMahon the opening of its investigation in late 2018, the reason it made contact with Boies Schiller shortly thereafter and served a subpoena in February 2019, and that no documents governed by the protective order had yet been produced. Aside from
that each of the contingencies necessary to the legal discovery of the contested evidence would be resolved in the government's favor." Id. (quoting Heath, 455 F.3d at 60). As the Supreme Court has explained, if the Government can establish that the evidence inevitably would have been discovered by la
ast, the Government accurately conveyed to Chief Judge McMahon the opening of its investigation in late 2018, the reason it made contact with Boies Schiller shortly thereafter and served a subpoena in February 2019, and that no documents governed by the protective order had yet been produced. Aside from
r. 2002) 82 United States v. Harrison, 764 F. Supp. 29 (S.D.N.Y. 1991) 50 United States v. Hastings, 461 U.S. 499 (1983) 109 United States v. Heath, 455 F.3d 52 (2d Cir. 2006) 93, 94 United States v. Henderson, 337 F.3d 914 (7th Cir. 2003) 43 United States v. Henry, 861 F. Supp. 1190 (S.D.
bpoenas and Ex Pane Applications for Materials SOW- after opening t mment identified possible victims and their counsel trroiigh ich ina Boies Schiller. (Def. Mem. 3, Ex. E at 2-3). SDNY first cont oies Schiller about its investigation on or about December 18, 2018. Shortly thereafter, in oar Dec
that each of the contingencies necessary to the legal discovery of the contested evidence would be resolved in the government's favor." Id. (quoting Heath, 455 F.3d at 60). As the Supreme Court has explained, if the Government can establish that the evidence inevitably would have been discovered by la
t complying with any of the specific procedures or exceptions provided in the [confidentiality] orders." Id. Here, by contrast, ga on in late 0111 Schiller shortly the na in Februan Miran order, Aside from rank speculation loosely premised on an anonymously sourced news report, the defendant offers n
that each of the contingencies necessary to the legal discovery of the contested evidence would be resolved in the government's favor." Id. (quoting Heath, 455 F.3d at 60). As the Supreme Court has explained, if the Government can establish that the evidence inevitably would have been discovered by la
ast, the Government accurately conveyed to Chief Judge McMahon the opening of its investigation in late 2018, the reason it made contact with Boies Schiller shortly thereafter and served a subpoena in February 2019, and that no documents governed by the protective order had yet been produced. Aside from
, No. 13 CIV. 1654 RA HBP, 2014 WL 5420225 (S.D.N.Y. Oct. 24, 2014) 2 United States v. Cortina, 630 F.2d 1207 (7th Cir. 1980) 5 United States v. Heath, 455 F.3d 52 (2d Cir. 2006) 7 United States v. Lavender, 583 F.2d 630 (2d Cir. 1978) 2, 4 United States v. Leon, 468 U.S. 897 (1984) 5 United S
Page: EFTA00018999 →n this in more detail. Maxwell Pre-Trial Mot. Nos. 4 8c 5. But the point is this: The defamation case should have been extremely narrow, but Boies Schiller transformed it into something much broader—a proxy prosecution of Epstein and Maxwell for allegedly trafficking and abusing Giuffre, which then comp
Page: EFTA00019004 →not actively investigating her. That understanding, as it turned out, was incorrect, but it was a misunderstanding deliberately encouraged by Boies Schiller with cooperation from the government. If Boies Schiller had disclosed that material Judge Sweet ordered them to disclose, Maxwell would have invoked
Page: EFTA00019013 →Entities connected to both Heath and Schiller

Jeffrey Epstein
PERSON
Ghislaine Maxwell
PERSON
David Boies
PERSON
Julie K. Brown
PERSON
Bradley Edwards
PERSON
Prince Andrew
PERSON
United States
LOCATIONColleen McMahon
PERSON
Stephen Hawking
PERSONJane Doe
PERSON
George W. Bush
PERSONLoretta A. Preska
PERSON
Michael Jackson
PERSON
Virginia Giuffre
PERSONSweet
PERSONthe Southern District
LOCATION
George Mitchell
PERSONMartindell
PERSON
Alan Dershowitz
PERSON
Eric Schmidt
PERSON