Epstein Secrets

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. x 20 Cr. 330 (AJN) MEMORANDUM OF GHISLAINE MAXWELL IN SUPPORT OF MOTION TO DISMISS COUNTS ONE THROUGH FOUR OF THE SUPERSED

OURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. x 20 Cr. 330 (AJN) MEMORANDUM OF GHISLAINE MAXWELL IN SUPPORT OF MOTION TO DISMISS COUNTS ONE THROUGH FOUR OF THE SUPERSEDING INDICTMENT AS TIME-BARRED Mark S. Cohen Christian R. Everdell COHEN &

31-7364 Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim 33 West 19th Street - 4th Floor New York, NY 10011 Phone: 212-243-1100 Attorneys for Ghislaine Maxwell EFTA00103709 TABLE OF CONTENTS Page PRELIMINARY STATEMENT 1 SUMMARY OF ALLEGATIONS 2 ARGUMENT 3 I. The 2003 Amendment Does Not Apply Retr

. Step Two: Application of the 2003 Amendment to Ms. Maxwell's alleged offenses would have impermissible effe

h., 464 U.S. 89 (1983) 8 Burrage v. United States, 571 U.S. 204 (2014) 15 Commit. v. Clark, 489 U.S. 726 (1989) 15 Food and Drug Admin. v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000) 8 Hudson Valley Black Press v. I.R.S., 409 F.3d 106 (2d Cir. 2005) 8 Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S.

n Sex Suits. M. POST, Oct. 12, 2009 ("Florida lawyer Brad Edwards. who represents three of the 'Jane Does' who are suing Epstein, told Page Six that Phislaine] Maxwell would be questioned over her knowledge of how Epstein procured many of the girls.") (bold in original); Susan Spencer-Wendel, Judge Agrees

are suing Epstein, told Page Six that Phislaine] Maxwell would be questioned over her knowledge of how Ep

own & Williamson Tobacco CS E. v. Wigand, 1996 WL 350827 (Sup. Ct. OS Co. Feb. 28, 1996), affd, 228 ..2r1187, 643 92 (I st Dep't 1996) 25, 26, 27 Brown & Williamson Tobacco Corp. v. Wigand, 228 lad 187 (1st Dep't 19%) 25, 26 Cazares v. Church of Scientology of Calif, Inc., 444 So.2d 442 (Fla. Dist. Ct. App. 1983) 18 Dam

erg’s former investors rekindled the lawsuit against Epstein, but the case was dropped in October. Epstein and his associate, British-born socialite Ghislaine Maxwell, were also accused in a 2015 federal civil suit of organizing underage sex parties on his private plane, nicknamed “The Lolita Express,” and at Epste

in a 2015 federal civil suit of organizing underage sex parties on his private plane, nicknamed “The Lolita Express,” and at Epstein’s various homes. Maxwell, who has never been charged with wrongdoing, has denied allegations made in the lawsuit that she was Epstein’s “madam.” The suit, filed by victim Vir

Epstein and his associate, British-born socialite Ghislaine Maxwell, were also accused in a 2015 federal civi

cseceeeeeeees 12 60082) en ae 17 481 1-3721-9459v.3 3930033-000039 HOUSE_OVERSIGHT_016485 --- PAGE BREAK --- TABLE OF AUTHORITIES Page(s) Cases Brown & Williamson Tobacco Corp. v. FTC, pai SNC, is ee 14 Daily News, L.P. v. Wiley, 126 A.D.3d 511, 6 N.Y.S.3d 19 (1st Dep't 2015) oe ee eeeeeeseeseeseeseseeseeseeeseceeeeeeeeeee