Epstein Secrets

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

fices of Bobbi C. Stemheim Phone: Attorneys for Ghislaine Maxwell EFTA00028903 --- PAGE BREAK --- TABLE

etroactivity and Rejected a Proposal to Do So 3 1. Congress' explicit rejection of a retroactivity provision ends the inquiry at step one in Ms. Maxwell's favor. 3 2. Cases applying the 2003 Amendment retroactively are readily distinguishable. 5 3. The government cannot prevail at step one. 7

tivity provision ends the inquiry at step one in Ms. Maxwell's favor. 3 2. Cases applying the 2003 Amendmen

and referring only to the intent of the amendment generally), cert. denied, No. 20.5064, S.Ct. —, 2021 WL 78235 (Jan. 11, 2021); United States v. Leo Sure Chief 438 F.3d 920, 924 (9th Cir. 2006) (discussing only the intent of the amendment generally); United States v. Jeffries, 405 F.3d 682, 684-85 (8th Cir.

20-cr-00330-AJN Document 207 Filed 04/16/21 Page 1 of 34 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, —v— Ghislaine Maxwell, Defendant. USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC N: DATE FILED: 4/16/21 20-cr-330 (AJN) OPINION & ORDER ALISON J. NATHAN, District Ju

acts in violation of the Mann Act and two counts of conspiracy to commit those offenses. It also included two counts of perjury in connection with Maxwell's testimony in a civil deposition. Trial is set to begin on July 12, 2021. Maxwell filed twelve pretrial motions seeking to dismiss portions of the

TRICT OF NEW YORK United States of America, —v— Ghislaine Maxwell, Defendant. USDC SDNY DOCUMENT ELECTR

ions of at least two other circuit courts. Weingarten, 865 F.3d at 58 & n.8; see Cruz v. Maypa, 773 F.3d 138, 145 (4th Cir. 2014); United States v. Leo Sure Chief, 438 F.3d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past cond

20-cr-00330-AJN Document 207 Filed 04/16/21 Page 1 of 34 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, —v— Ghislaine Maxwell, Defendant. USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC N: DATE FILED: 4/16/21 20-cr-330 (AJN) OPINION & ORDER ALISON J. NATHAN, District Ju

acts in violation of the Mann Act and two counts of conspiracy to commit those offenses. It also included two counts of perjury in connection with Maxwell's testimony in a civil deposition. Trial is set to begin on July 12, 2021. Maxwell filed twelve pretrial motions seeking to dismiss portions of the

TRICT OF NEW YORK United States of America, —v— Ghislaine Maxwell, Defendant. USDC SDNY DOCUMENT ELECTR

ions of at least two other circuit courts. Weingarten, 865 F.3d at 58 & n.8; see Cruz v. Maypa, 773 F.3d 138, 145 (4th Cir. 2014); United States v. Leo Sure Chief, 438 F.3d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past cond

20-cr-00330-AJN Document 208 Filed 04/16/21 Page 1 of 34 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK United States of America, —v— Ghislaine Maxwell, Defendant. USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC 0: DATE FILED: 4/16/21 20-cr-330 (MN) OPINION & ORDER ALISON J. NATHAN, District Jud

acts in violation of the Mann Act and two counts of conspiracy to commit those offenses. It also included two counts of perjury in connection with Maxwell's testimony in a civil deposition. Trial is set to begin on July 12, 2021. Maxwell filed twelve pretrial motions seeking to dismiss portions of the

TRICT OF NEW YORK United States of America, —v— Ghislaine Maxwell, Defendant. USDC SDNY DOCUMENT ELECTR

ions of at least two other circuit courts. Weingarten, 865 F.3d at 58 & n.8; see Cruz v. Maypa, 773 F.3d 138, 145 (4th Cir. 2014); United States v. Leo Sure Chief, 438 F.3d 920, 924 (9th Cir. 2006). The Supreme Court has set out a two-step framework to determine whether a federal statute applies to past cond