From: To: Laura Mennin er <Imennin e mflaw.com>, " " (USANYS)" Cc: Jeff Pagliuca [email protected]>, "Christian R Everdell - Cohen & Gresser LLP (ceverdell@cohengressercom)" <[email protected]>, 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (MN) - Request to view evidence, highly confidential materials, scenes Date: Fri, 09 Apr 2021 16:00:56 +0000 Inline-Images: image00 I jpg All, Today the Marshals and the FBI informed me that they are able to arrange for your client and the evidence to be at 500 Pearl in time for the review to start as early as 8am each morning of the review period. The review can still continue until 4:30pm each day. In order to take advantage of the extra time, I would propose planning to begin each review day at 8:30am. You would also be welcome to arrive as early at 8am, and if the Marshals and FBI are ready to begin before 8:30, then we can do so. I will plan to be at 500 Pearl by 8am each morning. Also, the CSOs have asked for a list of everyone from the defense team who should be granted access into the proffer area on the fifth floor of 500 Pearl for the review. Would you please send me a list of the names of everyone who you expect to attend the review? Thank you, Assistant United States Attorney Southern District of New York 1 St. Andrew% Plaza New York, NY 10007 From: Sent: Thursday, April 8, 2021 10:05 PM To: Laura Menninger <[email protected]>; Ic lb; (USANYS)< > 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 Laura, Below please find responses to the issues you raised: EFTA00015786

• We are confirmed for the review at the Bronx warehouse on April 12, 2021 from 11am to 4:30pm. • During the April 12th review, your team can see the evidence for yourselves and let me know if you need any of the items you are not permitted to photograph to be brought to 500 Pearl. Depending on the size of the item(s), we may need to figure out whether they can be brought later in the week once you have already reviewed several boxes, which would free up space in the FBI vehicle for the larger items. I'm confident we will be able to reach a reasonable agreement about those items. • For the bulky photos, you will not be permitted to photograph any that feature nudity. As referenced above, once your team has seen those photos for yourselves, you can let me know if you will need any to be brought to 500 Pearl. • As I mentioned previously and is indicated in the spreadsheet, we are preparing a letter to defense counsel explaining why you will not be permitted to review those 16 discs. We expect to send you that letter tomorrow, after which I will be happy to discuss the matter further. • The blue-ray discs referenced in the spreadsheet are what the FBI burned in order to provide the USAO SDNY with a copy of electronic data to produce to you in discovery. The discs are not evidence themselves. The data is the evidence, and it was produced to you already. You are correct, however, that the 4/24/07 file is a data file that was copied from a VHS tape, which is currently located in the FBI's ELSUR office in Florida. We have asked that the original tape be shipped to New York, and it should arrive on Tuesday, April 13th. We will make it available for you to review once we have received it. We also plan to produce the digital file of that same recording to you as part of our productions of non-testifying witness statements. • The shredded paper is currently being analyzed by the FBI lab. We have asked the case agent to inquire with the lab regarding its anticipated timeline for analysis and will let you know when we expect it will be possible to have the shredded paper returned to New York for you to review. It will not, however, be available next week. • The "Missing from Assigned Box" items are items 1B130 and 1B110. Those items were migrated within the FBI evidence system from the Florida case to the New York case and incorporated into New York evidence item numbers 1B127, 1B128, & 1B137. So these items will be available for your review under those New York evidence numbers. Best, Assistant United States Attorney Southern District of New York St. Andrew's Plaza New York, NY 10007 From: Laura Menninger <[email protected]> Sent: Wednesday, April 7, 2021 4:23 PM To: ) (USANYS) Cc: Jeff Pagliuca <jpagliuca mflaw.com>; Christian R Everdell - Cohen & Gresser LLP ([email protected]) EFTA00015787

<[email protected]>. 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes My apologies, I meant to include in my previous email that we could have the Bronx view on Monday April 12. Thank you for the logistics. Regarding the spreadsheets you provided, I have several issues. First, there are a couple of items that you have noted for the Bronx Warehouse but will in fact need to be brought to 500 Pearl for review because you labeled them as "Highly Confidential" and not "bulky." These appear to include: NY Evidence List • Items 16127-130 (4 boxes). • Item 1B13 (1 box) Florida Evidence List . Item 1, Subitem 26 — one large framed photo from Master Bedroom. Second, with regard to the "Bulky" photos (Florida Items 1, Subitems 8, 15a, 15b and 15c), are we permitted to photograph those or not? If not, we will need them transported to 500 Pearl. Third, Florida Item 8, Subitem 8, says it is Sixteen DVD-R Discs from PBSO but you do not indicate that we can review those. Why? We need to address with the Court promptly any issues related to our request to view all evidence. Fourth, Electronic surveillance — Your email yesterday stated that these were all "electronic files" with no corresponding physical item. However, for several, the chart indicates "Blu-Ray Disks;" is there a reason we cannot inspect these? Another Florida item is listed as "one original recording of an interview dated 4/24/07"; I am suspicious that "one original recording of an interview" is not truly only an "electronic" file? I was practicing law in 2007 and do not recall "electronic files" being the standard then. Can you please confirm? I know that Chris has written separately about the many files for which the metadata has apparently been stripped, so we will have to address purely electronic information at another date. Shredded Paper — Yes, we need to review that as well. "Missing from Assigned Box" items — can you please provide more of an explanation for all "missing items"? I will let you know any other issues as I see them. However, now that we have made travel plans in reliance on your agreement to produce all evidence items, I am hoping that you can promptly answer these questions so that we can resolve any of them as needed this week. Thank you, -Laura Laura A. Henninger I Partner Haddon, Morgan & Foreman, P.C. 150 E. 10th Avenue I Denver, CO 80203 +I 303 831 7364 (Office) ImenningerOulunflawcom From: Sent: Wednesday, April 7, 2021 1:44 PM To: Laura Menninger <[email protected]>• EFTA00015788

(USANYS) Cc: Jeff Pagliuca <jpagliucaahmflaw.com>; Christian R Everdell - Cohen & Gresser LLP ([email protected]) <ceverdell@cohengresseccom>; 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Hi Laura, The Bronx warehouse is located at 2350 Lafayette Ave, Bronx, NY. There is plenty of street parking outside of the building. Whatever day you wish to have the review conducted at the warehouse, an AUSA and an agent will meet the attorney, investigator, and paralegal at the warehouse to escort them into the building to the evidence review room. The AUSA will remain present at the warehouse to answer any questions that may arise. The FBI has informed me that they can make the evidence available for review at the warehouse any day next week or the week of April 19th• Please just let me know what day you prefer, and we will coordinate with the FBI to arrange for the review. Best, Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 From: Laura Menninger <[email protected]> Sent: Wednesday, April 7, 2021 3:30 PM To: ) < ; ) cza; (USANYS)< > Cc: Jeff Pagliuca <jpagliucaPhmflaw.com>: 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 the updated spreadsheets and the information regarding the timing of the review at 500 Pearl. I believe we will be able to have an attorney, investigator and paralegal present at the Bronx warehouse to take photos of the "excluded from transportation" items. Please let us know the particulars for that visit when you have a moment. Thank you, Laura Laura A. Menninger I Partner Haddon, Morgan & Foreman, P.C. 150 E. 10th Avenue I Denver, CO 80203 +I 303 831 7364 (Office) [email protected] From: Sent: Wednesday, April 7, 2021 10:06 AM EFTA00015789

To: Laura Menninger <Imenningerahmflaw.com>; (USANYS) Cc: Jeff Pagliuca ipagliucaahmflaw.com>; 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 Good morning, Attached please find the revised spreadsheets, which reflect designations under the Protective Order for the three mini- VHS tapes that I referenced below. I learned this morning that the Marshals intend to bring Ms. Maxwell back to the MDC each review day at 4:30pm. So we can plan for the review to take place at 500 Pearl Street from 9:30am to 4:30pm each day beginning on April 13th. Best, Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007 From: Sent: Wednesday, April 7, 2021 12:09 AM To: 'Laura Menninger' <Imenninge hmflaw.com> 'c ›; (USANYS) Cc: 'Jeff Pagliuca' ipagliucaOhmflaw.com>; 'Christian R Everdell - Cohen & Gresser LLP ([email protected])' <ceverdell@cohengresseccom>; 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes Good evening, Today, the Marshals confirmed that they will produce Ms. Maxwell to 500 Pearl Street on April 13, 2021 and every day thereafter until the evidence review is complete. My understanding is that Ms. Maxwell should arrive to 500 Pearl Street at approximately 9:30am each morning. So we are confirmed for evidence review in the proffer rooms on the 5th floor of the 500 Pearl Street courthouse beginning at 9:30am on April 13th. I will plan to be present and to continue assisting with logistics. If any questions or concerns arise, please feel free to call my cellphone at To assist in preparing for this review, attached please find annotated versions of the three evidence spreadsheets I previously emailed to you: (1) a spreadsheet of New York evidence; (2) a spreadsheet of Florida evidence; and (3) a more detailed spreadsheet of the sub-items contained in the Florida evidence spreadsheet. A couple things to note: • These spreadsheets now indicate the Protective Order designation, if any, for each item to be reviewed. As you will see, there are three mini-VHS tapes that I need to double check before assigning a final designation. I expect to be able to access a mini-VHS cassette player later this week, at which point I will be able to provide an updated spreadsheet with a confirmed designation for those three items. Additionally, please note that there is one item about which we plan to provide you with a letter later this week. • These spreadsheets also indicate where each item will be made available for the defense to review. As you will see, we have now learned that one item (consisting of shredded paper) is currently at FBI headquarters and will not be EFTA00015790

available for review next week. Please let me know if you believe you need to review that item, and I will inquire as to whether and how it can be relocated to New York. Additionally, all 1D items consist of electronic data (as opposed to 1B items, which are physical items). As is noted in the spreadsheets, the electronic data that constitute the 1D items in this case have either already been produced to you in discovery (e.g., pen register data, GPS data, and aerial footage), or are digital recordings of interviews that will be produced as non-testifying witness statements. Because these 1D items are data files stored in the FBI system, there is no corresponding physical item to produce for you to review. Please let me know when you would like to schedule a time for a smaller group from the defense team to review evidence at the Bronx warehouse. 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 <jpagliucaPhmflaw.com>, Christian R Everdell - Cohen & Gresser LLP (ceverdell@cohengresseccom) <ceverdell@cohengressecconw 'BOBBI C STERNHEIM' <[email protected]> Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - 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 EFTA00015791

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. 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's Plaza New York, NY 10007 From: Laura Menninger <[email protected]> Sent: Friday, April 2, 2021 5:36 PM To: ) 4c . -)c >; (USANYS) c > 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. EFTA00015792

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. • 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. Henninger I Partner Haddon, Morgan & Foreman, P.C. 150 E. 10th Avenue I Denver, CO 80203 +1 303 831 7364 (Office) Imenninger(ii)lunflaw.corn From: Sent: Saturday, March 27, 2021 4:38 PM To: Laura Menninger <ImenninperPhmflaw.com>• ) < >; (USANYS) Cc: Jeff Pagliuca <jpagliucaPhmflaw.com>. Christian R Everdell - Cohen & Gresser LLP ([email protected]) ceverdelIPcohengressercom>. '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. EFTA00015793

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. • 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. EFTA00015794