Best, Assistant United States Attorney Southern District of New York 1 St. Andrew% Plaza New York, NY 10007 From: Sent: Monday, April 5, 2021 10:48 PM To: Laura Menninger <Imenninge hmflaw.com>; (USANYS) Cc: Jeff Pagliuca <jpagliuca ahmflaw.com>; Christian R Everdell - Cohen & Gresser LLP ([email protected]) <[email protected]>• 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (A1N) - Request to view evidence, highly confidential materials, scenes Laura, Thank you for your email and for your understanding as we work through the logistics of arranging this review. Your modifications and clarifications are acceptable to us. Below I address each specifically: • The FBI can arrange for a lawyer, investigator, and paralegal to inspect and photograph the precluded items at the Bronx warehouse either next week or the week after. Please let us know what day you would like to arrange for that inspection, and I will coordinate with the FBI accordingly. I would suggest trying to schedule this visit early next week if possible so that if there are items that you believe need to be produced to 500 Pearl Street, we will have time to do so during a subsequent day of review at 500 Pearl if the FBI agrees to transport the item(s). • Tomorrow, I will send you evidence spreadsheets with annotations of which items the FBI will not be producing to 500 Pearl Street, and which items we are designating under the Protective Order. Please note that certain items will be designated "Confidential," in which case they may be photographed, but the photographs should be treated as Confidential under the Protective Order. Other items will be designated "Highly Confidential," in which case they may not be photographed, absent specific authorization from an AUSA. I note the possibility of authorization to photograph this latter category because some Highly Confidential evidence items include both nude and non-nude portions, in which case we would permit photography of the non-nude portions. • In light of our decision to produce non-testifying witness statements beginning on April 12, 2021, we are no longer segregating any electronic media that contain witness statements during this review. This is because all of the witness statements on the electronic media in the FBI's possession are from witnesses whom the Government does not expect to call at trial in this case. Please note that we intend to produce digital audio files to you containing the contents of the electronic media with these non-testifying witness statements, but you are of course welcome to review the original recordings themselves. • In terms of space, I have been informed that we will not be permitted to conduct this review in a courtroom and will instead be required to do so in the proffer rooms. I have reserved the two largest proffer rooms available at 500 Pearl. We can use the largest proffer room for evidence review, and the slightly smaller proffer room as a private meeting space for the defense team. • Confirmed, I will ask the FBI to bring all electronic highly confidential images to 500 Pearl Street, including the 2,100 that were not previously reviewed and the electronic images that were previously provided for review at the MDC. • Confirmed, I will ask the FBI to bring the 7 hard-copy highly confidential materials to 500 Pearl Street. EFTA00026896

As I mentioned earlier today in a separate email, the FBI and AUSAs are prepared to facilitate this review beginning April 13th and continuing every day thereafter until your review is complete. I have also formally requested that the Marshals produce Ms. Maxwell to 500 Pearl Street on April 13th and every day thereafter until the review is complete. The Marshals previously confirmed their willingness to produce Ms. Maxwell for such a review in general, but they have not yet confirmed their ability to do so on any particular dates. I will let you know as soon as the Marshals inform me whether they can accommodate these specific dates. Best, Assistant United States Attorney Southern District of New York 1 St. Andrew% Plaza New York, NY 10007 From: Laura Menninger <[email protected]> Sent: Friday, April 2, 2021 5:36 PM To: ; <->; (USANYS) < E > Cc: Jeff Pagliuca <[email protected]>; Christian R Everdell - Cohen & Gresser LLP ([email protected]) <[email protected]>• 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Thank you for your email. Your proposal is largely acceptable to us, with the following modifications and clarifications. • For the items that you propose below to exclude from the evidence transported to 500 Pearl Street (with the exception of the cash held at 26 Federal Plaza), we will need to have access for a lawyer, investigator and paralegal to inspect and photograph those items at the Bronx warehouse. This seems to include the bulky items, electronic devices and "fragile" items. o Once they are photographed and shared with the team and our client, we can decide whether a separate inspection by our client and/or any expert is necessary at a later time. To be clear, the government's photos of these same items are insufficient. o If there are any items we are not permitted to photograph (and perhaps you will be able to tell us by April 5 which those are), we likely will need to have those transported because there is no way for our client to inspect the evidence. We can wait to finalize this issue until you have finished deciding what items you consider non-photographable, and if we can't agree, then discuss next steps. o Please let us know when these "non-transportable" items can be inspected and photographed at the Bronx warehouse. It makes sense that it would be done soon so that we can raise any issues as necessary with the Court. • For playing any of the electronic media, we will obtain the necessary equipment to play at 500 Pearl Street and seek permission to bring those devices into the Courthouse. You can segregate out the section of recordings that contain "witness statements" and advise us then which ones cannot be played, but we still need to inspect the outside of those recordings. • As far as space, can you please advise whether the largest proffer room will be available for review of evidence? It is my understanding that it can accommodate a large number of the team members at one time. If not, is a locked courtroom available for us to review the evidence? The agents could bring out a limited number of boxes at a time for inspection. EFTA00026897

• We understand that the evidence will not be taken outside of the monitoring of the agents or your staff and appreciate that you will have a separate room for us to consult with our client privately (without the evidence). • We understand that all of the highly confidential materials, including not only the 2,100 images not previously disclosed as well as the electronic images that were only shown to NY counsel and the client at the MDC, will be available for review on a singular laptop at 500 Pearl Street. • We also understand the 7 hard-copy highly confidential materials will also be available for inspection at 500 Pearl Street. Please let me know if you have any questions or disagree with my understanding. If you agree, we can then proceed as scheduled on April 12 and continue day to day until we are finished, with a break if necessary for the arraignment. Laura A. Menninger I Partner Haddon, Morgan & Foreman, P.C. 150 E. 10th Avenue I Denver, CO 80203 +I 303 831 7364 (Office) Imennincer(ithmflaw.com From: Sent: Saturday, March 27, 2021 4:38 PM To: Laura Menninger <Imenninger@hmflaw com>; (USANYS) Cc: Jeff Pagliuca <jpagliucaCoJhmflaw.com>• Christian R Everdell - Cohen & Gresser LLP ([email protected]) <ceverdellPcohengresser.com>. 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Counsel, Thank you for your email. Below please find our response. If this is acceptable to you, then we will proceed with arranging the logistics of having your client produced to 500 Pearl the week of April 12th and the week April 19th. We will also arrange for the FBI to transport evidence to 500 Pearl for review the week of April 12th. Physical Evidence • It is not reasonable or feasible to insist that the FBI bring all physical evidence to 500 Pearl Street. That said, we are certainly willing to work with you to ensure that your client can review any physical items that are material to the preparation of her defense. • We would propose excluding the below items from production to 500 Pearl: o We appreciate your note that the massage tables are not needed, which will certainly help with the logistics of transport. o We also appreciate your indication that the cash items from 26 Federal Plaza do not need to be produced. Those are the only items not located in the Bronx warehouse. o The FBI has seized dozens of electronic devices, including desktop computers, servers, and laptops, from Jeffrey Epstein's residences in 2019. Photographs of those devices were produced in our August 2020 productions as part of the search warrant photographs, and you have received copies of the data that was seized from those devices pursuant to a warrant. The production of these devices would be very cumbersome, and we do not see any value in looking at an electronic device that cannot be turned on. o The framed pictures are bulky and cumbersome to transport. These are also very delicate and are difficult to transport. Photographs of those seized images were already provided to you as part of the photographs from the searches of Epstein's residences. o Certain items seized from the New York residence are bulky, fragile, and/or difficult to transport. These include plaster busts of female torsos and a stuffed dog. Photographs of these items were already provided to you from the search of the New York residence. EFTA00026898

• The remaining physical items of evidence would fit into approximately 15 to 20 boxes. The FBI has indicated that it would be feasible to transport those boxes to 500 Pearl Street. • Regarding your request for equipment that can play the recordings, we believe they would require a VCR, a cassette player, a CD player, an adapter for a micro VHS tape, and a microcassette player. If you wish to play these recordings at 500 Pearl, you will need to provide that equipment. We have asked the FBI whether any other equipment would be necessary and will let you know if that is the case prior to the date of your review. It is our understanding that any recordings that are not witness statements and that are not highly confidential have been produced to you in discovery. We are not aware of any discoverable, non-highly confidential, recordings that were not produced to you as part of the Government's discovery productions in the fall. To confirm that understanding, we are working with the FBI to physically doublecheck each recording. If we identify any discoverable recordings that have not already been produced, we will promptly provide them to you. • The segregation of highly confidential material will require the FBI and an AUSA to physically review each item to confirm the item's status. We will endeavor to do so by your requested date of April 5, 2021. • We can confirm that neither the AUSA(s) nor the agent(s) will record or attempt to record any part of the evidence review or conversations among the defense team or with the defendant during this review. Although the evidence cannot be left outside of the presence of an agent, we will ensure that a room is available for the defense team and the defendant to confer privately away from the agent(s) and the AUSA(s) without monitoring. • As for your request for a space large enough to fit 8 members of the defense team, the defendant, an agent, an AUSA, and the evidence, my office cannot control the space that the Marshals allow us to use at 500 Pearl outside of the proffer rooms. We will certainly request as large a space as possible, but if we are required to use the proffer rooms, then members of the defense team may need to rotate in and out of the room. I know members of the defense team have been in those proffer rooms before, and they can hopefully provide some thoughts on how we might use the proffer room space effectively for your purposes. If the Court grants authorization for the defense to bring electronic devices into 500 Pearl, that is certainly fine with the Government, and you may note our consent in your request to Judge Nathan for such authorization. Highly Confidential Electronic Images • The 2,100 electronic images were recovered during the responsiveness review of images and videos seized from Jeffrey Epstein's devices, which review was not complete until early November 2020. We indicated on page 4 the cover letter to our November 9, 2020 production, which included all other images and videos from those devices, that "the Federal Bureau of Investigation ('FBI') seized multiple nude and partially nude images from several for the above-listed electronic devices. All such images have been designated Highly Confidential. The FBI will make these images available for review by the defense upon request." We did not receive a request from the defense to review these images until your March 8, 2021 letter, which requested to "view and inspect all materials designated by your office as 'Highly Confidential' under the terms of the Protective Order". • We did not ask the FBI to bring the 7 hard copy images to the MDC in the fall because we did not understand you to be requesting a review of physical, non-electronic evidence during those meetings. Our understanding of the defense request at that time was to review the electronic highly confidential images that were recovered from CDs from Epstein's residence. We will ensure that the 7 hard copy images are available to you for review at 500 Pearl. Best, Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 EFTA00026899