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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. x S2 20 Cr. 330 (AJN) GHISLAINE MAXWELL'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATED TO ACCUSER-3 Christian R. Everdell

INE MAXWELL, Defendant. x S2 20 Cr. 330 (AJN) GHISLAINE MAXWELL'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATED TO

not probative of the charged conspiracies and inadmissible under Rule 404(b) and Rule 403 of the Federal Rules of Evidence. In the alternative, Ms. Maxwell respectfully moves (1) to preclude the government and Accuser-3 from referring to Accuser-3 as a "minor" or asserting that she was a "minor" at the

he Federal Rules of Evidence. In the alternative, Ms. Maxwell respectfully moves (1) to preclude the governmen

the conspiratorial agreement" is the key to determining whether "an overt act may properly be regarded as in furtherance of the conspiracy" (quoting Grunewald v. United States, 353 U.S. 391, 397 (1957)). In its opposition to Ms. Maxwell's motion to strike, the government argued that because a conspiracy "does not require

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 STRIKE SURPLUSAGE FROM SUPERSEDING INDICTMENT

URT 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 STRIKE SURPLUSAGE FROM SUPERSEDING INDICTMENT Mark S. Cohen Christian R. Everdell COHEN & GRESSER LLP 800 Third Avenue

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 EFTA00086736 TABLE OF CONTENTS Page PRELIMINARY STATEMENT 1 SUMMARY OF ALLEGATIONS 3 ARGUMENT 5 I. All References to Accuser-3 Should Be

plusage from the Indictment ("Motion"). Although Ms. Maxwell is charged with conspiring to cause individuals t

Salmonese, 352 F.3d 608 (2d Cir. 2003) s See Motion to Dismiss Counts One Through Four of the Indictment as Time-Barred. 7 EFTA00086746 (quoting Grunewald v. United States, 353 U.S. 391, 397 (1957)). Thus, whether Ms. Maxwell's alleged conduct with respect to Minor Victim-3 constituted an overt act in furtherance of th

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK x UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. x S2 20 Cr. 330 (AJN) GHISLAINE MAXWELL'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATED TO ACCUSER-3 Christian R. Everdell

INE MAXWELL, Defendant. x S2 20 Cr. 330 (AJN) GHISLAINE MAXWELL'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATED TO

not probative of the charged conspiracies and inadmissible under Rule 404(b) and Rule 403 of the Federal Rules of Evidence. In the alternative, Ms. Maxwell respectfully moves (1) to preclude the government and Accuser-3 from referring to Accuser-3 as a "minor" or asserting that she was a "minor" at the

he Federal Rules of Evidence. In the alternative, Ms. Maxwell respectfully moves (1) to preclude the governmen

the conspiratorial agreement" is the key to determining whether "an overt act may properly be regarded as in furtherance of the conspiracy" (quoting Grunewald v. United States, 353 U.S. 391, 397 (1957)). In its opposition to Ms. Maxwell's motion to strike, the government argued that because a conspiracy "does not require

aw 52 2. Discussion 54 IV. The Court Should Deny the Defendant's Motions to Suppress 59 A. Factual Background 61 1. The Civil Lawsuit against Maxwell 61 2. February 2016 Meeting 62 3. The April and July 2016 Depositions of Maxwell 64 4. The USAO-SDNY Commences the Instant Investigation in 201

v. Maxwell. 57 EFTA00103082 particular, this matter appears to be the only remaining active civil case in this District in which claims against Ghislaine Maxwell have been asserted." (20 Civ. 484 (DCF) (JGK), Dkt. No. 80 at 2). The defendant's baseless conjecture about the Government's supposedly nefarious re

x UNITED STATES OF AMERICA S 120 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S OMNIBUS

(Def. Mot. 1 at 32 ("For the foregoing reasons, Ms. Maxwell respectfully requests that the Court dismiss the

Graham v. Connor, 490 U.S. 386 (1989) 151 Grant v. United States, 282 F.2d 165 (2d Cir. 1960) 164 Greer v. Miller, 483 U.S. 756 (1987) 158 Grunewald v. United States, 353 U.S. 391 (1957) 248 Hamling v. United States, 418 U.S. 87 (1974) 225, 227 vi EFTA00103005 Hemphill v. United States, 392 F.2d 45 (8th

Maxwell from Prosecution 15 1. The NPA Is Limited to Particular Crimes Between 2001 and 2007 15 2. The NPA Does Not Confer Enforceable Rights on Maxwell 17 C. The Defendant Has Offered No Basis for Additional Discovery or a Hearing 21 II. The Indictment Is Timely 23 A. Statutory Background 24

v. Maxwell. 57 EFTA00100024 particular, this matter appears to be the only remaining active civil case in this District in which claims against Ghislaine Maxwell have been asserted." (20 Civ. 484 (DCF) (JGK), Dkt. No. 80 at 2). The defendant's baseless conjecture about the Government's supposedly nefarious re

x UNITED STATES OF AMERICA SI 20 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S OMNIBUS

(Def. Mot. 1 at 32 ("For the foregoing reasons, Ms. Maxwell respectfully requests that the Court dismiss the

Graham v. Connor, 490 U.S. 386 (1989) 151 Grant v. United States, 282 F.2d 165 (2d Cir. 1960) 164 Greer v. Miller, 483 U.S. 756 (1987) 158 Grunewald v. United States, 353 U.S. 391 (1957) 248 Hamling v. United States, 418 U.S. 87 (1974) 225, 227 vi EFTA00099947 Hemphill v. United States, 392 F.2d 45 (8th

Maxwell from Prosecution 15 1. The NPA Is Limited to Particular Crimes Between 2001 and 2007 15 2. The NPA Does Not Confer Enforceable Rights on Maxwell 17 C. The Defendant Has Offered No Basis for Additional Discovery or a Hearing 21 II. The Indictment Is Timely 23 A. Statutory Background 24

v. Maxwell. 57 EFTA00077689 particular, this matter appears to be the only remaining active civil case in this District in which claims against Ghislaine Maxwell have been asserted." (20 Civ. 484 (DCF) (JGK), Dkt. No. 80 at 2). The defendant's baseless conjecture about the Government's supposedly nefarious re

x UNITED STATES OF AMERICA S 120 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S OMNIBUS

(Def. Mot. 1 at 32 ("For the foregoing reasons, Ms. Maxwell respectfully requests that the Court dismiss the

Graham v. Connor, 490 U.S. 386 (1989) 151 Grant v. United States, 282 F.2d 165 (2d Cir. 1960) 164 Greer v. Miller, 483 U.S. 756 (1987) 158 Grunewald v. United States, 353 U.S. 391 (1957) 248 Hamling v. United States, 418 U.S. 87 (1974) 225, 227 vi EFTA00077612 Hemphill v. United States, 392 F.2d 45 (8th

Maxwell from Prosecution 15 1. The NPA Is Limited to Particular Crimes Between 2001 and 2007 15 2. The NPA Does Not Confer Enforceable Rights on Maxwell 17 C. The Defendant Has Offered No Basis for Additional Discovery or a Hearing 21 II. The Indictment Is Timely 23 A. Statutory Background 24

v. Maxwell. 57 EFTA00039504 particular, this matter appears to be the only remaining active civil case in this District in which claims against Ghislaine Maxwell have been asserted." (20 Civ. 484 (DCF) (JGK), Dkt. No. 80 at 2). The defendant's baseless conjecture about the Government's supposedly nefarious re

x UNITED STATES OF AMERICA S 120 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x THE GOVERNMENT'S OMNIBUS

(Def. Mot. 1 at 32 ("For the foregoing reasons, Ms. Maxwell respectfully requests that the Court dismiss the

Graham v. Connor, 490 U.S. 386 (1989) 151 Grant v. United States, 282 F.2d 165 (2d Cir. 1960) 164 Greer v. Miller, 483 U.S. 756 (1987) 158 Grunewald v. United States, 353 U.S. 391 (1957) 248 Hamling v. United States, 418 U.S. 87 (1974) 225, 227 vi EFTA00039427 Hemphill v. United States, 392 F.2d 45 (8th