Latest / The Vault: The Epstein Files / Judge Engelmayer Denies Ghislaine Maxwell's Attempt To Overturn Her Conviction (Part 8) (9/29/26)

Transcript

Judge Engelmayer Denies Ghislaine Maxwell's Attempt To Overturn Her Conviction (Part 8) (9/29/26) · The Vault: The Epstein Files

• 0:00
  Speaker 1: What's up everyone and welcome to another episode of the
• 0:03
  Speaker 1: Epstein Chronicles. In this episode, we're going to dive right
• 0:06
  Speaker 1: back in to Judge Engelmeyer's order denying Glenn Maxwell's attempt
• 0:10
  Speaker 1: for a new trial. A. 2003 vs. 2004 Guidelines Manual
• 0:18
  Speaker 1: Maxwell argues that Judge Nathan errantly calculated her guidelines range
• 0:22
  Speaker 1: based on the more punitive 2004 manual. The claim was
• 0:26
  Speaker 1: not brought on direct appeal and its premise is false.
• 0:30
  Speaker 1: Judge Nathan explicitly applied the 2003 manual as Maxwell had requested. B. $ 750, 000 fine.
• 0:39
  Speaker 1: Maxwell argues that Judge Nathan erred by imposing a $ 250, 000
• 0:43
  Speaker 1: fine on each of the counts 3, 4, and 6
• 0:47
  Speaker 1: because the guidelines range was lower for each count. That
• 0:50
  Speaker 1: claim is also barred and wrong. As Judge Nathan recognized
• 0:54
  Speaker 1: at sentencing, under U.S. v. Booker, guideline ranges are advisory,
• 0:58
  Speaker 1: not binding, and they are only one factor that courts
• 1:01
  Speaker 1: must consider in deciding the appropriate sentence. The offense is
• 1:05
  Speaker 1: charged in counts 3, 4, and 6, each permitted a
• 1:09
  Speaker 1: fine of up to $ 250, 000, the fine which Judge Nathan imposed. C.
• 1:15
  Speaker 1: Victim Groups Maxwell argues that Judge Nathan, in calculating the
• 1:18
  Speaker 1: advisory guideline range, wrongly treated two non-testifying victims as compromising
• 1:24
  Speaker 1: separate offense groups. The claim is also barred and incorrect.
• 1:29
  Speaker 1: Judge Nathan found that those two victims, Virginia and Melissa,
• 1:33
  Speaker 1: to be minor victims of sex offenses perpetrated by Epstein
• 1:36
  Speaker 1: and Maxwell, and thus comprised two additional groups of victims
• 1:40
  Speaker 1: under USSG Section 2G1. 1. D1, the finding that was well supported
• 1:48
  Speaker 1: by the trial record. See transcript at 12. Such established
• 1:53
  Speaker 1: that Maxwell personally recruited Virginia to provide Epstein with sexualized
• 1:57
  Speaker 1: massages when she was a minor. Government's counsel's summation discussing
• 2:01
  Speaker 1: evidence proving abuse of Virginia and Melissa. D. Perjury-related conduct.
• 2:07
  Speaker 1: Maxwell argues that she was sentenced for perjury counts on
• 2:10
  Speaker 1: which she had not been convicted. This argument is likewise
• 2:13
  Speaker 1: barred and meritless. On April 16, 2021, Judge Nathan granted
• 2:18
  Speaker 1: Maxwell's pretrial motion to sever the perjury charge from the
• 2:22
  Speaker 1: charging sex abuse-related conduct. After Maxwell's conviction at trial on
• 2:27
  Speaker 1: certain of the latter counts, Maxwell's counsel objected to the
• 2:31
  Speaker 1: two paragraphs in the PSR describing her acts that were
• 2:34
  Speaker 1: alleged to constitute perjury. Judge Nathan overruled the objection. She
• 2:38
  Speaker 1: noted that a sentencing court's discretion is largely unlimited as
• 2:42
  Speaker 1: to the kind of information it may consider in determining
• 2:46
  Speaker 1: the appropriate sentence, including evidence of uncharged crimes, and dropped
• 2:50
  Speaker 1: counts of an indictment provided that the information was reliable
• 2:54
  Speaker 1: and accurate. Citing U.S. First Bennett, 2016, she found that
• 2:59
  Speaker 1: the information underlying the severed perjury charges were liable. As
• 3:04
  Speaker 1: she explained, the evidence at trial had put the lie
• 3:07
  Speaker 1: to Maxwell's sworn statements at the 2016 deposition, one stating
• 3:11
  Speaker 1: that she was unaware of a scheme by Epstein to
• 3:14
  Speaker 1: recruit underage girls for sexual massages, and she was unaware
• 3:18
  Speaker 1: of whether she had ever interacted with anyone under the
• 3:21
  Speaker 1: age of 18, other than Virginia, at Epstein's properties, denying
• 3:26
  Speaker 1: having ever given Annie Farmer a massage 3. Stating that
• 3:30
  Speaker 1: she was unaware whether Epstein possessed sex toys. Stating that
• 3:33
  Speaker 1: she was unaware of Epstein engaging in sexual activity with
• 3:37
  Speaker 1: anyone other than her in the 90s and 2000s. And 5.
• 3:41
  Speaker 1: Denying that she ever gave Epstein a massage. Judge Nathan
• 3:45
  Speaker 1: also noted Maxwell's pattern of dishonesty to the court, including
• 3:49
  Speaker 1: a statement regarding her finances and the conditions of her
• 3:52
  Speaker 1: confinement at the Metropolitan Detention Center. At the conclusion of
• 3:57
  Speaker 1: the sentencing hearing, the government moved to dismiss the perjury
• 4:01
  Speaker 1: counts out of respect for victims' interests in closure and
• 4:04
  Speaker 1: avoiding the trauma of testifying again. Judge Nathan granted the motion.
• 4:10
  Speaker 1: Maxwell's present challenge to her sentencing is thus meritless. Maxwell
• 4:14
  Speaker 1: was never sentenced on the perjury counts which were dismissed,
• 4:18
  Speaker 1: and it was lawful and appropriate for Judge Nathan to
• 4:20
  Speaker 1: take into account Maxwell's acts of perjury, notwithstanding that these
• 4:24
  Speaker 1: charges had not been put before the jury yet. and
• 4:27
  Speaker 1: were later dismissed on the government's motion. The sentencing court's
• 4:35
  Speaker 1: discretion is largely unlimited as to the kind of information
• 4:39
  Speaker 1: it may consider, including evidence of uncharged crimes and drop
• 4:43
  Speaker 1: counts of an indictment. Maxwell argues that the four-level leadership
• 4:49
  Speaker 1: enhancement under USSG Section 3B1. 1 states, should not have been
• 4:55
  Speaker 1: applied because she did not overlap with, and thus could
• 4:58
  Speaker 1: not have been supervised or supervise, Epstein assistant Sarah Kellan.
• 5:03
  Speaker 1: Maxwell claims that by 2002, she had largely exited the
• 5:07
  Speaker 1: Epstein household and that Kellan had taken over. That this
• 5:10
  Speaker 1: particular argument is barred by the mandate rule. It's wrong
• 5:14
  Speaker 1: for the reasons found in Judge Nathan and the Second Circuit.
• 5:17
  Speaker 1: And it is squarely contradicted by Maxwell's recent admission in
• 5:21
  Speaker 1: an interview with Deputy Attorney General. At sentencing, Maxwell's counsel
• 5:26
  Speaker 1: made the same argument. Judge Nathan rejected it, finding that
• 5:30
  Speaker 1: the evidence established by a preponderance that Maxwell had supervised Kellen,
• 5:34
  Speaker 1: a knowing participant in the criminal conspiracy. Her supervision was
• 5:39
  Speaker 1: established by the testimony of two of Epstein's pilots who
• 5:42
  Speaker 1: testified that Kellen was Maxwell's assistant. Judge Nathan found that
• 5:46
  Speaker 1: the testimony was credible and corroborated by other testimony that
• 5:50
  Speaker 1: Maxwell was Epstein's number two and the lady of the house.
• 5:53
  Speaker 1: in Palm Beach where Kellen worked. Even after Kellen took
• 5:56
  Speaker 1: over some of Maxwell's duties, Judge Nathan noted Maxwell remained
• 6:00
  Speaker 1: or retained her leadership position as evidenced by Carolyn's testimony,
• 6:05
  Speaker 1: flight records, in evidence, and the household manual. On direct appeal,
• 6:09
  Speaker 1: Maxwell challenged the application of the enhancement and the Second
• 6:13
  Speaker 1: Circuit affirmed. The claim is thus barred by the mandate rule,
• 6:17
  Speaker 1: and for the reasons stated by the Second Circuit and
• 6:19
  Speaker 1: Judge Nathan, it's meritless. Finally, although... Not necessary to the decision,
• 6:25
  Speaker 1: Maxwell herself recently repudiated the factual premise of this claim,
• 6:30
  Speaker 1: that by 2002, she had largely exited the Epstein household.
• 6:34
  Speaker 1: On July 24th, 2025, Maxwell participated in a proffer-style interview
• 6:39
  Speaker 1: with then-Deputy Attorney General Todd Blanche. Maxwell, there, was asked
• 6:44
  Speaker 1: whether she was still working for Epstein as of 2009.
• 6:46
  Speaker 1: Transcript July 24th, 2025 Maxwell was then asked whether she
• 6:53
  Speaker 1: was still kind of acting as Epstein's general manager when
• 6:55
  Speaker 1: Epstein was arrested in Florida in 2006. Maxwell responded, Maxwell
• 6:59
  Speaker 1: later explained that Epstein continued to pay her a salary
• 7:01
  Speaker 1: of approximately $ 250, 000 per year until 2009. F. Conditions of
• 7:20
  Speaker 1: confinement at MDC. Maxwell argues that her 240-month sentence was
• 7:26
  Speaker 1: excessive in light of the conditions she experienced during pretrial
• 7:29
  Speaker 1: and pre-sentencing detention at the Metropolitan Detention Center. She states
• 7:34
  Speaker 1: that she was harshly treated like no other inmate, including
• 7:38
  Speaker 1: by being held in solitary confinement. This claim is barred
• 7:41
  Speaker 1: and meritless as basis to challenge her sentence. At sentencing,
• 7:45
  Speaker 1: Judge Nathan acknowledged that conditions in MDC see have been
• 7:49
  Speaker 1: extremely difficult for all inmates since the COVID-19 pandemic began,
• 7:53
  Speaker 1: including due to extended periods of lockdowns, health risks, and
• 7:57
  Speaker 1: lack of access to legal and social visits and programming
• 8:00
  Speaker 1: and the like. Judge Nathan also noted that Maxwell had
• 8:04
  Speaker 1: endured additional isolation and surveillance beyond that imposed on the
• 8:08
  Speaker 1: typical pretrial detainee, based on her being a high-profile defendant
• 8:12
  Speaker 1: charged and convicted of sex offenses against minors. Judge Nathan
• 8:16
  Speaker 1: thus expressly took such factors into account when imposing the sentence.
• 8:23
  Speaker 1: Judge Nathan largely rejected, however, Maxwell's contention that she had
• 8:27
  Speaker 1: been singled out for uniquely harsh and punishing treatment. To
• 8:31
  Speaker 1: the contrary, many of Maxwell's grievances had proven unfounded and exaggerated,
• 8:36
  Speaker 1: and her treatment at MDC was overall as good or
• 8:39
  Speaker 1: at better than of that of the typical pretrial detainee
• 8:43
  Speaker 1: at the MDC during the pandemic. Judge Nathan noted that
• 8:47
  Speaker 1: Maxwell had been provided extensive access to computers and legal materials,
• 8:52
  Speaker 1: allowing her to prepare fully for trial and sentencing. Judge
• 8:56
  Speaker 1: Nathan stated that Maxwell's lack of candor regarding her treatment
• 8:59
  Speaker 1: at the MDC was consistent with her lack of candor
• 9:02
  Speaker 1: to pretrial services and to the court regarding Maxwell's finances,
• 9:07
  Speaker 1: and with Maxwell's dishonesty during the civil depositions that were
• 9:11
  Speaker 1: the basis for the perjury counts. Judge Nathan found Maxwell's
• 9:15
  Speaker 1: behavior consistent with a pattern of deflection of blame. Maxwell's
• 9:19
  Speaker 1: counsel did not raise this argument on direct appeal. It's
• 9:22
  Speaker 1: thus procedurally defaulted. And for the reasons stated by Judge Nathan,
• 9:26
  Speaker 1: this challenge is without merit. 6. Claim 9. Admission at
• 9:31
  Speaker 1: trial of Maxwell and Epstein's contact book. Maxwell argues that
• 9:35
  Speaker 1: the black contact book that she and Epstein used, GX-52,
• 9:39
  Speaker 1: should not have been admitted at trial because it was
• 9:42
  Speaker 1: not authenticated by any witness. She relatedly argues that the
• 9:46
  Speaker 1: government did not disclose the purported role of any attorney
• 9:49
  Speaker 1: in the events by which GX-52 came into government custody.
• 9:54
  Speaker 1: These claims, too, are procedurally barred and meritless. Relevant background.
• 9:58
  Speaker 1: On October 7, 2020, before trial, the government filed a letter
• 10:02
  Speaker 1: describing its plan to obtain and review investigative files held
• 10:06
  Speaker 1: by other offices to ensure it made adequate disclosures to Maxwell.
• 10:11
  Speaker 1: It noted that it had received certain files from an
• 10:13
  Speaker 1: investigation by the FBI's Palm Beach resident agency, which had led...
• 10:18
  Speaker 1: to the 2010 prosecution of Epstein employee Alfredo Rodriguez for
• 10:23
  Speaker 1: obstruction of justice. On or about April 7th, 2021, Maxwell
• 10:27
  Speaker 1: asked that the government produce to her the FBI case
• 10:30
  Speaker 1: file related to the Rodriguez investigation. On or about April 9th, 2021,
• 10:36
  Speaker 1: the government produced to Maxwell the material referenced in his
• 10:39
  Speaker 1: October 7th letter regarding the investigation. These included audio and
• 10:44
  Speaker 1: video recordings and FBI 302s. One item produced was a
• 10:49
  Speaker 1: video recording of a November 3, 2009 meeting between Rodriguez
• 10:54
  Speaker 1: and an undercover FBI employee. On October 18, 2021, Maxwell's
• 10:59
  Speaker 1: counsel filed a motion in Limine to exclude GX-52. The
• 11:04
  Speaker 1: motion argued that the provenance of the exhibit was troubling
• 11:07
  Speaker 1: because it had surfaced in the context of Rodriguez attempting
• 11:10
  Speaker 1: to sell it to Bradley Edwards, a private lawyer then
• 11:13
  Speaker 1: civilly suing Epstein. The motion noted that according to the
• 11:17
  Speaker 1: criminal complaint against Rodriguez, the FBI, on learning of this attempt,
• 11:22
  Speaker 1: had set up a sting operation, during which GX-52 was
• 11:26
  Speaker 1: provided to an undercover officer in exchange for $ 50, 000. Based
• 11:30
  Speaker 1: on these events, Maxwell's motion argued that GX-52 could not
• 11:34
  Speaker 1: be authenticated and was thus inadmissible. The government's opposition acknowledged
• 11:39
  Speaker 1: that it had obtained custody of GX-52 after a former
• 11:43
  Speaker 1: employee of Epstein attempted to sell it to a civil
• 11:46
  Speaker 1: lawyer suing Epstein. But it argued the manner in which
• 11:50
  Speaker 1: the government had acquired the exhibit went at most to
• 11:54
  Speaker 1: weigh not its admissibility, and it argued GX-52 was admissible
• 11:58
  Speaker 1: not for the truth of the matter asserted in it, e.g.
• 12:02
  Speaker 1: the accuracy of victim's contact information, but to establish the
• 12:05
  Speaker 1: fact that Maxwell had kept such information. In further support
• 12:11
  Speaker 1: of GX-52's admission, the government later represented That trial testimony
• 12:15
  Speaker 1: would also establish that GX-52 was a contact book that
• 12:19
  Speaker 1: had belonged to Maxwell. Judge Nathan reserved decision on whether
• 12:23
  Speaker 1: to admit GX-52. At trial on December 2, 2021, Juan Alessi,
• 12:29
  Speaker 1: the former manager of Epstein's Palm Beach Villa, examined GX-52
• 12:34
  Speaker 1: and testified that he recognized it as a book belonging
• 12:36
  Speaker 1: to Epstein and Maxwell. Based on his experience working for them,
• 12:41
  Speaker 1: He testified that it was the same type of book
• 12:43
  Speaker 1: that had appeared to be one of the directories of Ms.
• 12:46
  Speaker 1: Maxwell and Mr. Epstein. He testified that GX-52 had exactly
• 12:50
  Speaker 1: the same cover of the directories that I saw, and
• 12:53
  Speaker 1: the same binding, and exactly the layout as other books
• 12:56
  Speaker 1: of Epstein and Maxwell that he remembered seeing. Although other
• 13:00
  Speaker 1: books of theirs had been thicker and had larger font,
• 13:03
  Speaker 1: the format was the same, and he testified that there
• 13:06
  Speaker 1: were many, many, many, many names listed. that he recognized
• 13:10
  Speaker 1: from another contact book he had seen while working for Epstein.
• 13:15
  Speaker 1: During the 12 years that he worked for Epstein, Alessi testified,
• 13:17
  Speaker 1: new directories were printed for Epstein twice a year. On
• 13:21
  Speaker 1: December 9, 2021, Judge Nathan overruled Maxwell's objection and stated
• 13:26
  Speaker 1: that she would receive GX-52. Alessi's testimony, she stated, satisfied
• 13:31
  Speaker 1: the authentication requirements of Federal Rule of Evidence 901. That testimony,
• 13:35
  Speaker 1: she stated, established an intimacy with the distinctive directories used
• 13:40
  Speaker 1: in the Palm Beach household over many years and during
• 13:43
  Speaker 1: the time period of the charge conspiracy. He testified that
• 13:47
  Speaker 1: GX-52 was the same type of book with the same
• 13:50
  Speaker 1: type of binding, cover, and information. This testimony of the appearance, content, substance,
• 13:55
  Speaker 1: and other distinctive characteristics of the exhibit is sufficient to
• 13:59
  Speaker 1: satisfy Rule 901. Judge Nathan agreed that with the government
• 14:04
  Speaker 1: that the manner in which the government came to possess
• 14:07
  Speaker 1: GX-52 did not bear on exhibit authentication. And she agreed
• 14:12
  Speaker 1: that the exhibit was relevant for the non-hearsay purpose, and
• 14:15
  Speaker 1: it tends to show a link between Maxwell and the
• 14:17
  Speaker 1: names and phone numbers listed, as well as how the
• 14:20
  Speaker 1: information was organized. Judge Nathan later gave a limiting instruction,
• 14:25
  Speaker 1: agreed on by the parties, that GX-52 could be considered
• 14:29
  Speaker 1: not for the truth of the matters asserted in it,
• 14:31
  Speaker 1: but instead... only to the extent jurors found it relevant
• 14:34
  Speaker 1: to show a link, if any, between Maxwell and the
• 14:37
  Speaker 1: names and phone numbers listed, and how that information was organized.
• 14:42
  Speaker 1: Alright folks, we're going to wrap up right here, and
• 14:44
  Speaker 1: in the next episode dealing with the topic, we're going
• 14:46
  Speaker 1: to pick up where we left off. All the information
• 14:49
  Speaker 1: that goes with this episode can be found in the
• 14:51
  Speaker 1: description box.