Latest / The Vault: The Epstein Files / Ghislaine Maxwell's Application For Bail (Part 3) (5/3/26)

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Ghislaine Maxwell's Application For Bail (Part 3) (5/3/26) · The Vault: The Epstein Files

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
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  This episode, we're going to pick right back up where
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  we left off with the Glen Maxwell Bell request one.
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  Miss Maxwell's personal history and characteristics demonstrate that she is
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  not a flight risk a. Miss Maxwell has no prior
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  criminal record and has significant ties to the United States
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  and the New York region. Miss Maxwell's history and characteristics
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  do not strongly support the Tension government's memorandum at six,
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  but instead demonstrate that she is firmly rooted in this
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  country and that her appearance can be reasonably assured with
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  appropriate Bell conditions. Miss Maxwell has no criminal record, which
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  includes an approximately twenty five year period from the time
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  the conduct alleged in the indictment took place to the present.
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  Miss Maxwell has also significant ties to the United States.
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  She has lived in the country for almost thirty years
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  and became a naturalized US citizen in two thousand and two.
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  Miss Maxwell also has strong family ties to the country.
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  Two of her sisters have agreed to co sign or
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  bond live in the United States, and they have several
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  children who are US born citizens. Miss Maxwell is very
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  close with their sisters and maintains regular contact with them,
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  as well as with their nieces and nephews. Miss Maxwell
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  also has numerous close friends and professional colleagues who reside
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  in this country. In some the United States has been
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  Miss Maxwell's home for decades. B Miss Maxwell has actively
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  litigated civil cases in this district and has not left
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  the United States since Epstein's twenty nineteen arrest. Miss Maxwell
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  has never once attempted to hide from the government or accusers,
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  and has never shown any intent to leave the country
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  to the country, Miss Maxwell has always denied that she
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  was involved in illegal and improper conduct related to Epstein,
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  and her conduct has been entirely consistent with someone who
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  fully intended to remain in this country and fight any
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  allegations brought against her. For example, since twenty fifteen and
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  continuing through today, Miss Maxwell has actively litigated several civil
• 2:12
  cases related to Epstein in the Southern District of New
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  York and has sat for depositions in those cases. Similarly,
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  throughout the course of the criminal investigation of the case,
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  which has been publicly reported for nearly a year, Miss
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  Maxwell has remained in the United States. Indeed, on July seventh,
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  twenty nineteen, the day after Epstein's arrest, Miss Maxwell reached
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  out to the prosecutors in the Southern District of New
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  York through Council and maintained regular contact with them right
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  up to the point of her arrest. The government's broad
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  assertion that Miss Maxwell has engaged in frequent international travel
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  in the last three years Government Memo at six obscures
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  the critical point she has not left the country even
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  once since Epstein's arrest. Miss Maxwell's decision to remain in
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  the United States after Epstein's arrest and subsequent death in
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  August twenty nineteen is particularly significant because any incentive she
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  may have had to flee would have been even more
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  acute at that time. Within days of Epstein's death, a
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  steady stream of press articles began turning the public's attention
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  to Miss Maxwell, wrongly substituting her for Epstein and speculating
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  that she had become the prime target of the government's investigation.
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  Adding even more fuel to this fire, several of the
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  women claiming to be victims of Epstein began publicly calling
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  for her immediate arrest and prosecution, despite increasing the risk
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  of being criminally charged, and the media firestorm that was
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  redirected toward her after Epstein's death, and despite having ample
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  opportunity to leave the country, Miss Maxwell stayed in the
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  United States for almost an entire year until she was arrested.
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  These actions weigh heavily in favor of release. See United
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  States versus Friedman A thirty seven f. Dot two d
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  forty eight, forty nine and fifty Second Circuit nineteen eighty eight,
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  overturning District Court's decision that defendant posed a flight risk,
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  based in part on the grounds that the defendant took
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  no steps to flee jurisdiction in the three week period
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  between execution of search warrant at home and the arrest.
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  United States versus Dejocomo seven forty six F. Dot supp
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  Dot eleven seventy six, eleven seventy nine and eighty D.
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  Mass nineteen ninety concluding defendants did not present a flight
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  risk because each of them for three years knew there
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  was substantial evidence of the likely charges against them, and
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  did not attempt to flee before the indictment. Indeed, the
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  absence of any allegation by the government that Miss Maxwell
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  was taking steps to leave the country at the time
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  of her arrest is conspicuous. The government has offered no
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  proof that she was making plans to leave the country.
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  In fact, had the government alerted her council that she
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  was about to be arrested, we would have arranged for
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  Miss Maxwell's prompt voluntary surrender. Instead, the government arrested Miss
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  Maxwell without warning on the day before the July fourth holiday,
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  thus ensuring that she would be in federal custody on
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  the one year anniversary of Epstein's arrest. See Miss Maxwell's
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  actions to protect yourself from intrusive media coverage and death
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  threats do not demonstrate and intent to flee. Furthermore, the
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  steps Miss Maxwell took to leave the public eye after
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  Epstein's arrest are not indicative of a risk of flight.
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  The government notes that Miss Maxwell dropped out of public
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  view after Epstein's arrest, which the government seeks to portray
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  as hiding from the law. The government further argues that
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  she has taken several steps to avoid detection, including moving
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  residences and switching her phone and email addresses Government membo
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  at eighteen. But Miss Maxwell did not take these steps
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  to hide from law enforcement or evade prosecution. Instead, they
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  were necessary measures that Miss Maxwell was forced to take
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  to protect herself. Her family members, her friends and colleagues,
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  and their children from unrelenting and intrusive media coverage threats
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  an irreparable reputational harm. Ever since Epstein's arrest, Miss Maxwell
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  has been at the center of a crushing onslaught of
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  press articles, television specials, and social media posts painting her
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  in the most damning light possible and pre judging her guilt.
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  The sheer volume of media reporting mentioning Miss Maxwell is staggering.
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  Since Epstein's arrest, she has been mentioned in literally thousands
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  of media publications, news reports, and other online content. The
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  media attention also spawned a carnival like atmosphere of speculation
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  about her whereabouts. In November of twenty nineteen, the British
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  tabloid The Sun even offered a ten thousand pound bounty
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  for information about Miss Maxwell's location. A headline reminiscent of
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  a wild West wanted poster read wanted The Sun is
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  offering ten thousand pounds in reward for information on Jeffrey Epstein,
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  Powell Glenn Maxwell. In the days leading up to her arrest,
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  there was a deluge of media reports, all untrue, claiming
• 7:13
  that Miss Maxwell was hiding out in an apartment in
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  Paris to avoid questioning by the FBI. She has seen
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  helicopters flying over her home and reporters hiding in the bushes. Indeed,
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  since Miss Maxwell's arrest on July second, twenty twenty, her
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  council has been flooded with hundreds of media inquiries and
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  solicitations from members of the public. The open season declared
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  on Miss Maxwell after Epstein's death has come with an
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  even darker cost. She has been the target of alarming
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  physical threats, even death threats, and has had the higher
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  security guards to insure her safety. The media feeding frenzy,
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  which has only intensified in recent months, has also deeply
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  affected her family and her friends. Some of Miss Maxwell's
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  closest friends, who had nothing to do who whatsoever with Epstein,
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  have lost their jobs or suffered severe professional and reputational
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  damage simply by being associated with her. Miss Maxwell therefore
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  did what any responsible person would do. She separated herself
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  from everyone she cares about and removed herself from the
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  public eye in order to keep herself and her friends
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  out of harm's way. Lacking any evidence required under the
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  governing standard that Miss Maxwell presents an actual flight risk,
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  Sapani four ninety three ft three d at seventy five.
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  The government's flight risk argument is reduced to the following.
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  Miss Maxwell is a woman of means who has a
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  foreign citizenship and has traveled internationally in the past, and
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  who now faces serious charges. But if that were sufficient,
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  then virtually every defendant with a foreign passport and any
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  meaningful amount of funds would need to be detained as
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  a flight risk see Hung versus United States four thirty nine,
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  US thirteen twenty six, thirteen twenty nine, nineteen seventy eight.
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  To detain based on risk of flight, governments must show
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  more than opportunities for flight, and instead must establish an
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  inclination for flight that is not what the Bell reformat requires. Indeed,
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  courts in this circuit and elsewhere commonly find that Bell
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  conditions can adequately address risk of flight even when individuals
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  have foreign citizenship and passports or otherwise substantial foreign connections
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  and financial means. CEG. Sapanee four ninety three f Dot
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  three d at sixty six, United States versus Hanson one
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  O eight f dot app x three thirty one six
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  Circuit two thousand and four, United States verse. Hanson, six
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  thirteen f dots supp dot two d eighty five, d
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  DC two thousand and nine, United States versus Bodmer number three,
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  dash CR DASH nine four seven sas two thousand and four,
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  WL one six nine seven nine zero at two and
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  three SDN Y, January twenty eighth, two thousand and four,
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  United States versus Carney two ninety eight f DOT supp
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  DOT two D one twenty nine, d DC two thousand
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  and four. United States versus Kushogi seven seventeen f DOT
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  supp one zero four eight ten fifty through fifty two
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  SDN Y, nineteen eighty nine. Finally, the ongoing travel restrictions
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  caused by the COVID nineteen pandemic would pose a significant
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  hurdle to miss Maxwell's ability to flee the United States,
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  particularly to France and the United Kingdom. Notably, two weeks ago,
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  this Court recognized in United States versus Abdelatti el Machadom
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  number nineteen, dash CR DASH six forty six a JN
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  twenty twenty, w L three four four zero five one
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  five SDN Y June twenty third, twenty twenty that concerns
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  regarding risk of flight or mitigated by the ongoing COVID
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  nineteen pandemic, which has understandably curtel travel across the country
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  and indeed around the world Idea at one. In that case,
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  despite finding detention to be warranted on two prior occasions,
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  the court concluded that the government could no longer establish
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  flight risk and order the defendant release pending sentencing ID
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  taking account of the COVID nineteen pandemic, which had not
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  yet reached this country when the Court last considered defendant's
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  custody status. The balance now clearly and convincingly tips in
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  defendants favor. Consideration of this factor weighs heavily in favor
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  of release on the proposed Bell conditions. Here two, the
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  nature and the circumstances of the charges and the weight
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  of the evidence militate in favor of Bell. The defense
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  has rebutted the presumption relating to certain of the charges,
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  and the government relies on the statutory presumption of detention
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  applicable to offenses involving minor victims Government Memo. At. Four
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  and five. But unlike the position it took with Epstein,
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  the government does not contend that Maxwell poses any danger
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  to the community or that she suffers from compulsive or
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  addictive sexual proclivities see United States versus Epstein, four to
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  twenty five F DOT supp DOT three D three six
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  three fourteen and fifteen SDNY, twenty nineteen. Even according to
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  the indictment, Miss Maxwell's alleged participation in offenses involving minors
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  ended in nineteen ninety seven. Here, the only applicable presumption
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  relates to risk of flight, end is noted. Miss Maxwell
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  has robutted that presumption based on her ties to the
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  United States, her decision to remain in this country after
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  Epstein's arrest, and all of the other reasons discussed above.
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  This court should follow other courts in this circuit and
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  elsewhere that have found the defendants rebutted the presumption and
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  imposed appropriately strict bell conditions in cases involving alleged defenses
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  against miners. See Deutsch twenty twenty, WL three five seven seven,
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  three nine eight at five and six. United States versus
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  Veris number three twenty DASH CR DASH eighteen DASH J
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  DASH thirty two JBT twenty twenty WL one zero four
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  to two zero five to one AT three and four MD, Florida,
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  March fourth, twenty twenty, Conway, twenty eleven, WL three forty
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  two one thirty two one at four and five. The
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  impact of the potential penalties is overstated. The government asserts
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  the detention is warranted because of the potential for a
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  long sentence. In this case Government Memorandum at four and five.
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  This oversimplifies the governing standard. Although the severity of potential
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  punishment is a relevant consideration, the Second Circuit Court requires
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  more than evidence of the commission of a serious crime
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  and the fact of a potential long sentence to support
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  a finding of flight risk. Friedman A. Thirty seven f.
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  Dot two d at forty nine to fifty. District Court's
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  findings that defendant posed a risk of flight was clearly
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  erroneous despite potential for long sentence of incarceration. See also
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  Sapani four ninety three f. Dot three d at sixty five,
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  seventy six, and seventy seven reversing detention order, where defendants
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  agreed to significant physical and financial restrictions despite the fact
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  that they faced a lengthy term of incarceration. Accordingly, the
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  asserted potential for a long sentence does not meet the
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  government's burden of persuasion. Moreover, the government overstates the potential
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  for miss Maxwell to spend decades in prison if she
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  is convicted. In fact, her likely total exposure even if
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  she were convicted on all ten counts, is ten years,
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  assuming the court were to follow the traditional practice in
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  this district and imposed concurrent sentences. Although a ten year
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  sentence would be significant, it is a far cry from
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  the government's forecast, further demonstrating that the government has not
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  met its burden of showing Miss Maxwell is an actual
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  risk of flight. The government's case is subject to significant challenges.
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  In evaluating the strength of the government's case, we note
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  that Miss Maxwell intends to mount several legal challenges to
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  the indictment, including that one this prosecution is barred by
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  Epstein's September twenty fourth, two thousand and seven non prosecution
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  agreement with the Department of Justice, which covers any potential
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  co conspirators of Epstein. The conspiracy, enticement of miners and
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  transporting of miners charges are time barred and otherwise legally flawed,
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  and three, the two perjury charges are subject to dismissal
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  on several legal grounds. In addition, as we understand from
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  the face of the indictment, the government's case is based
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  primarily on the testimony of three individuals about events that
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  allegedly occurred roughly twenty five years ago between nineteen ninety
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  four and nineteen ninety seven. It is inherently more difficult
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  to prosecute cases relating to decades old conduct. These issues
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  further call into question the strength of the government's case
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  and provide an independent basis justifying release on Bill three.
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  The proposed bell package is more than adequate to secure
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  Miss Maxwell's presence for the reason stated above. The court
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  should release Miss Maxwell because the circumstances created by the
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  COVID nineteen pandemic will greatly increase her personal risk and
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  prevent her from meaningfully participating in her defense, and because
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  the government has not carried its burden under US Code
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  eighteen thirty one forty two. We respectfully submit that the
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  proposed bail package represents the least restrictive set of conditions
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  that will reasonably ensure Miss Maxwell's presence in court US
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  Code eighteen thirty one forty two, C. One and B.
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  The package includes six co signers, Miss Maxwell, siblings, relatives,
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  and friends, many of whom reside in the United States,
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  and all of whom continued to support her despite the
• 17:07
  unrelenting media attacks that Miss Maxwell and they themselves have
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  suffered as a result of this case. Maxwell the victim, huh,
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  it's always Maxwell the victim. I wonder just how bad
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  the survivors are suffering. Maybe that's something we should talk about.
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  Each of them have voluntarily agreed to assume responsibility for
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  an extremely large bond amount of five million dollars in
• 17:32
  order to secure her appearance. The bond is also to
• 17:35
  be secured by real property in the United Kingdom worth
• 17:38
  roughly three point seventy five million. The package also includes
• 17:42
  stringent travel and physical restrictions, including surrendering all passports and
• 17:48
  no new travel applications, travel restricted to the Southern and
• 17:52
  Eastern districts of New York, and home detention with electronic monitoring.
• 17:56
  Miss Maxwell, for personal reasons, will continue to need seecurity
• 18:00
  guards to protect her upon release under the circumstances. If
• 18:04
  the court requires, the security guards could report to pre
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  trial services. Miss Maxwell has a number of other family
• 18:12
  members and friends who, under normal circumstances would also co
• 18:16
  sign and secure a bond. She is not relying on
• 18:18
  them in connection with this bail application. In an effort
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  to safeguard their privacy and protect them and their families
• 18:25
  from harm. The proposed bail conditions are consistent with those
• 18:29
  approved by the courts in this circuit in other high
• 18:32
  profile cases, and should be approved here. Ceg. United States versus.
• 18:37
  Esposito three oh nine F Dot supp Dot three D
• 18:41
  twenty four thirty two, SDNY twenty eighteen, alleged leader of
• 18:46
  the Genevese crime family who is charged with racketeering and extortion.
• 18:50
  Granted release subject to conditions. United States versus. Dryer five
• 18:56
  ninety six F Dot supp. Two D eight thirty one
• 19:00
  one eight thirty two, SDNY two thousand and nine. Mark Dryer,
• 19:03
  accused of colossal criminality and alleged to be a high
• 19:07
  flight risk. Granted release, subject two conditions. United States versus.
• 19:11
  Made Off five eighty six F Dot supp Dot two
• 19:15
  D two forty two forty three SDN y two thousand
• 19:19
  and nine. Bernie made Off, charged with the largest Ponzi
• 19:22
  scheme ever and alleged to be a serious risk of flight.
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  Granted release subject to conditions. Conclusion for the foregoing reasons,
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  Miss Maxwell respectfully requests that the Court order her release
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  on bell pursuant to the conditions. She has proposed. This
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  was dated on July tenth, twenty twenty, and it was
• 19:42
  signed by Marc s Cohen. All right, folks, that's gonna
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  do it for this one. All of the information that
• 19:47
  goes with this episode can be found in the description box.