From: Sent: Thursday, May 20, 2021 6:15 PM To: Laura HenningerRIMINIMMIIMINIM Cc: (USANYS) < >; <a; ; Jeff Pagliucall. (USANYS) [Contractor] <aillillilli mmim Bobbi Sternhei (USANYS) [Contractor] Subject: RE: US v. Maxwell - [conferral re photo and other discovery deficiencies] Laura, Thank you for your email. Below please find updates regarding these outstanding issues: 1. I have confirmed with the FBI that the larger number contained in the 302 is accurate. I have not been able to figure out where the disconnect arose between the actual number and the number that was verbally conveyed to me, which I then conveyed to you. I apologize for the mistake, which was unintentional. 2. The FBI's review of the Highly Confidential material and de-designation remains ongoing. I have reached out to the case agent for an update on timing and will let you know when I have an estimate of when that process will be complete. 3. My office did not create the empty Excel spreadsheet. It was included on a hard drive provided to our vendor by the FBI containing the images from CDs seized from Epstein's residence and spreadsheets created by the FBI during its review of those CDs. I do not know the origins of that third blank spreadsheet, and the FBI has informed me that it only created two spreadsheets in connection with its review of the CDs. My best guess is that the blank document was a temporary file that was automatically created when the spreadsheets were copied onto the drive, but I do not know that for certain. To the best of my knowledge, there are no blank files that my office created. 4. Our paralegals have been working to look into the thousands of Bates numbers you listed as unviewable at the MDC. Attached please find a spreadsheet our paralegals created providing the status of each document. You will see that the spreadsheet is divided into separate tabs for each category of problem you identified. Next to each identified Bates number, the paralegals have noted the status of each image and/or document. Below please find a key explaining each of these different status entries: • Blanks o "Confirmed Blank" means the document has no content. o "Not Blank" means there is content to the document. For documents in this category, please let us know if you are requesting that we reproduce these documents to Ms. Maxwell at the MDC. o "No Native" means there is no corresponding native with the image. o "N/A — Not PAE Export" means the document was not produced by our vendor. • Not Supported o "saf files " means we are unable to open these files on our system and are asking our vendor and IT for assistance. We will reach back out once we have obtained that assistance. o ".txt file (blank)" means the document has no content. • Can't Read — Won't Open o "Image Opens" means there is content to the image. Please let us know if you are requesting that we reproduce these documents to Ms. Maxwell at the MDC. o "Image Opens — Black Box(es)" means these images contained redactions of nudity. Please let us know if you are requesting that we reproduce these documents to Ms. Maxwell at the MDC. o "Native Opens" means there is content to the native. Please let us know if you are requesting that we reproduce these documents to Ms. Maxwell at the MDC. o "No native" means there is no corresponding native with the image. EFTA00080668

o "Document Produced Natively" means that a cover sheet was produced instead of an image for this document. o "Corrupt" means the document has no viewable content. o "Native Password Protected" means we are unable to open this document and are asking our vendor for assistance. We will reach back out once we have obtained that assistance. o "N/A — Not PAE Export" means the document was not produced by our vendor. • Missing o "Image Opens" means there is content to the image. Please let us know if you are requesting that we reproduce these documents to Ms. Maxwell at the MDC. o "No native" means there is no corresponding native with the image. We are conferring with our vendor regarding certain documents for which the image cover sheet indicates the document was produced natively but for which we do not have a corresponding native. We will reach back out once we have obtained that assistance. o "Document Produced Natively" means that a cover sheet was produced instead of an image for this document. o "Not Missing — Opens" means there is content to the native. Please let us know if you are requesting that we reproduce these documents to Ms. Maxwell at the MDC. o "Image for this document is not exported" means that we do not have these images. We are conferring with our vendor regarding these documents and will reach back out once we have obtained assistance. o "Blank" means the image file is blank. o "Not Missing — Corrupt" means the document has no viewable content. • Corrupt o "Document Produced Natively" means that a cover sheet was produced instead of an image for this document. o "Not Corrupt" means there is content to the document. Please let us know if you are requesting that we reproduce these documents to Ms. Maxwell at the MDC. o "Password Locked" means we are unable to open this document and are asking our vendor for assistance. We will reach back out once we have obtained that assistance. o "Blank File" means the native file we have is blank. We are checking with our vendor for assistance with such files and will reach back out once we have obtained that assistance. o "Blank" means the image file is blank. o "Corrupt" means the document has no viewable content. o "No Native File" means there is no corresponding native with the image. o "N/A — Not PAE Export" means the document was not produced by our vendor. o "Lazer Scan" means that the file is part of the 3D scan of Epstein's private island. As you may recall, there were difficulties producing the 3D scan to counsel in a viewable format, and we reproduced these documents to counsel on multiple occasions. Within the lazer scan production there are pdf files that should be viewable and should reflect the substance of the 3D scan. Best, From: Laura Menninger Sent: Tuesday, May 18, 2021 12:21 PM To: Cc: (USANYS) < it jaM I < >; Jeff Pagliu Bobbi Sternheim Subject: RE: US v. Maxwell - [conferral re photo an o er iscovery e iciencies Following up on the below, as I believe these are the outstanding issues from this email chain. EFTA00080669

1. When do you expect to have clarification from the FBI regarding the discrepancy in highly confidential material count? 2. Same for the de-designated HC materials? 3. Your answer regarding Bates-stamped but content-less files only addressed those that you took off of Epstein devices. I asked about a file that your office created — an Excel spreadsheet — that did not have content yet you Bates-stamped and produced it. Are there others? 4. When do you expect to have answers to the list of documents that our client is unable to view at the MDC? It is a few days shy of a month since I forwarded that list to you and I am hoping that you will have answers in the next few days. I will wait for answer to 1 and 2 above before I can adequately address your position on the HC materials. It may be that we need to go back to the Court to address your definition of highly confidential which is unlike I have seen on even child pornography cases. Thanks for your prompt attention to these matters. -Laura Laura A. Menninger I Partner Haddon, Morgan & Foreman, P.C. 150 I. 10th Avenue I Denver, CO 80203 From: Sent: Tuesday, May 11, 2021 9:01 PM To: Laura Menninger Cc: < (USANYS) ; Jeff Pagliuca 'Bobbi Sternheim Subject: RE: US v. Maxwell - [conferral re photo an Laura, I have responded to your comments below in red. I am working with the FBI to understand the discrepancy you pointed out, which I did not appreciate until receiving your May 7, 2021 email. The 2,100 estimate was the amount of files that the FBI verbally informed me had been loaded onto the second hard drive when I was arranging for your review of evidence at 500 Pearl. At the time, I did not recall that the 302 had a different number, and I did not check the number the FBI provided verbally against the 302. As soon as I receive clarification from the FBI, I will reach back out to you. As for your request to have access to Highly Confidential images and videos, paragraph 12 of the Protective Order in this case defines Highly Confidential information as discovery material that "contains nude, partially-nude, or otherwise sexualized images, videos, or other depictions of individuals." That definition does not limit this category to child pornography. Paragraph 14 of the Protective Order further provides that any Highly Confidential materials "Shall be made available for inspection by Defense Counsel and the Defendant, under protection of law enforcement officers or employees." Given those provisions, as well as the importance of maintaining the security of nude images of third parties, including victims, we are not prepared to provide you with copies of nude or partially-nude images from the hard drives. However, we appreciate your concern that images that do not contain nudity appear to have been designated as Highly Confidential. Accordingly, I am working with the FBI to de-designate any images that do not depict genitals, breasts, or buttocks. Once those images have been de-designated, our office will produce them to you. EFTA00080670