ot currently intend to call as witnesses at trial in the above-referenced case. These materials do not contain a comprehensive set of Jencks Act and Giglio materials, as the Government does not expect to call these individuals to testify at trial. Instead, these materials contain, among other things, c

ulted by Mr. Epstein, with or without the involvement of Ms. Maxwell, had a financial motive or incentive to accuse Mr. Epstein or Ms. Maxwell. 6. Giglio Information: Pursuant to Giglio v. United States, 405 U.S. 150 (1972), we request dates and descriptions of any and all considerations or promises (

10 U.S. 32 (1991) 17 Chemical Bank v. Affiliated FM Ins. Co., 154 F.R.D. 91 (S.D.N.Y. 1994) passim Franks v. Delaware, 438 U.S. 154 (1978) 18 Giglio v. U.S., 405 U.S. 150 (1972) 16 v. Maxwell, 325 F. Supp. 3d 428 (S.D.N.Y. 2018) 6 Klein v. Weidner, Civ. No. 08-3798, 2017 WL 2834260 (E.D. Pa.

EXCULPATORY OR IMPEACHING MATERIAL Defendant seeks material pursuant to Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). Specifically, defendant seeks information regarding three individuals: Fred Ma

Filed 05/04/21 Page 7 of 9 Page 7 individual "is a prospective witness in this case; the Government will provide Carton with his 3500, Jencks and Giglio material by the deadline set by the Court"); United States v. Yudong Zhu, No. 13 Cr. 761 (VM), 2014 WL 5366107, at *3 & n.3 (S.D.N.Y. Oct. 14, 2014)

thers") referenced in ¶ 22 of the indictment. IV. Brady Material A. Pursuant to Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, including Giglio v. United States, 405 U.S. 150 (1972), United States v. Agurs, 427 U.S. 97 (1976), United States v. Bagley, 473 U.S. 667 (1985), and Kyles v. Whitne

ake this disclosure in an abundance of caution. Specifically, the Government discloses the following: • The Government will provide material under Giglio v. United States, 405 U.S. 150, 154 (1972), and its progeny, in a timely manner prior to trial and consistent with the schedule set by the Court.

vulnerable witnesses"). That is particularly true where the subpoena at issue seeks material that the defendants would be entitled to, if at all, as Giglio or 3500 material given that the Government has a cognizable interest in "controlling the timing of disclosures as to" witnesses who are expected to

nd 20." Witness-1 is represented by Rita Glavin, Esq. 06.20.2018 EFTA00018620 --- PAGE BREAK --- Page 4 Government will provide material under Giglio v. United States, 405 U.S. 150, 154 (1972), and its progeny, in a timely manner prior to trial and consistent with the schedule agreed upon by the

ot currently intend to call as witnesses at trial in the above-referenced case. These materials do not contain a comprehensive set of Jencks Act and Giglio materials, as the Government does not expect to call these individuals to testify at trial. Instead, these materials contain, among other things, c

settlement with Epstein back in 2008 or thereabouts. As you can imagine, we think we need this stuff both to prepare for trial but also as potential Giglio for the witness, and her lawyer is happy to provide it to us but believes he needs a subpoena. Happy to chat further if that would be helpful, but

overall schedule for all remaining pretrial disclosures. A. The Court accepts the Government's representations that it has disclosed all Brady and Giglio Material The Supreme Court's decisions in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) require the Govern

. Furthermore, to the extent Maxwell argues that the Government may have the documents and has refused to produce them in contravention of Brady or Giglio, the argument is little more than an attempt to circumvent the discovery processes that are in place. The production of Giglio material has not yet

vulnerable witnesses"). That is particularly true where the subpoena at issue seeks material that the defendants would be entitled to, if at all, as Giglio or 3500 material given that the Government has a cognizable interest in "controlling the timing of disclosures as to" witnesses who are expected to

overall schedule for all remaining pretrial disclosures. A. The Court accepts the Government's representations that it has disclosed all Brady and Giglio Material The Supreme Court's decisions in Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972) require the Govern

re, and (2) the constitutional guarantee of due process as expressed by the Supreme Court's decisions in Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). Motion at 1. I. Legal Standards A. Rule 16 Rule 16 requires the Government to "permit the defendant to ins

ence that tends to exculpate the accused, but also evidence that is useful to impeach the credibility of a government witness," id., also known as "Giglio material," as well as any statements of witnesses "which are contradictory or inconsistent with the government's theory of the case." United States

in the Government's letter dated October 28, 2020, with regard to your many requests for information that fall within the scope of the Government's Giglio and Jencks Act obligations, we intend to produce all such material in advance of trial and remain available to confer generally regarding a mutual

y material regarding your client, but will provide timely disclosure if any such material comes to light. The Government will provide material under Giglio v. United States, 405 U.S. 150, 154 (1972), and its progeny, to the extent it has not already been produced, in a timely manner prior to trial. II

particular, as noted above, to the extent this Office has had communications with any alleged victims or their counsel that constitute 3500 and/or Giglio material, such material will be produced substantially closer to trial and consistent with any schedule agreed upon by the parties or set by the Cou