Latest / The Epstein Chronicles / Mega Edition: Ghislaine Maxwell And The Application For Bail (5/3/26)

Transcript

Mega Edition: Ghislaine Maxwell And The Application For Bail (5/3/26) · The Epstein Chronicles

• 0:00
  Speaker 1: What's up, everyone, and welcome back to the Epstein Chronicles.
• 0:04
  In this episode, we're going to keep it rolling with
• 0:06
  our exploration of the underbelly of the Jeffrey Epstein criminal
• 0:10
  enterprise by taking a look at Golen Maxwell and her
• 0:14
  attempt to get bail. So let's dive. In preliminary statement,
• 0:20
  Glain Maxwell respectfully submits this memorandum in opposition to the
• 0:25
  government's July second, twenty twenty memorandum in support of detention.
• 0:30
  It's difficult to recall a recent case that has garnered
• 0:33
  more public attention than the government's prosecution of Jeffrey Epstein.
• 0:38
  In July of twenty nineteen, Epstein was indicted for offenses
• 0:42
  relating to sexual misconduct, amid overwhelming media attention focused on
• 0:46
  the nature of the charges in Epstein's wealth and lifestyle.
• 0:50
  On August tenth, twenty nineteen, Epstein died in federal custody,
• 0:55
  and the media focus quickly shifted to our client wrongly
• 0:59
  trying to substanceitude her for Epstein, even though she had
• 1:02
  no contact with Epstein for more than a decade, had
• 1:05
  never been charged with a crime or been found liable
• 1:08
  in any civil litigation, and has always denied any allegation
• 1:12
  of claim as conduct. Many of these stories and online
• 1:16
  posts were threatening and harassing to our client and those
• 1:20
  close to her, but sometimes the simplest point is the
• 1:24
  most critical one. Glenn Maxwell is not Jeffrey Epstein. She
• 1:28
  was not named in the government's indictment of Epstein in
• 1:31
  twenty nineteen, despite the fact that government has been investigating
• 1:35
  this case for years. Instead, the current indictment is based
• 1:38
  on allegations of conduct that allegedly occurred roughly twenty five
• 1:42
  years ago. Miss Maxwell vigorously denies the charges, intends to
• 1:47
  fight them, and is entitled to the presumption of innocence.
• 1:51
  Far from hiding, she has lived in the United States
• 1:53
  since nineteen ninety one, has litigated civil cases arising from
• 1:57
  her supposed ties to Epstein, and has not left the
• 2:00
  country even once Epstein was arrested years ago, even though
• 2:04
  she was aware of the pending and highly publicized criminal investigation.
• 2:10
  She should be treated like any other defendant who comes
• 2:12
  before the court, including as to Belle. Under the Bell
• 2:16
  Reformact case law in this circuit and other circuits, as
• 2:20
  well as decisions of this Court, Miss Maxwell should be
• 2:23
  released on bond, subject to the strict conditions proposed below. Background.
• 2:29
  Miss Maxwell, fifty eight is a naturalized US citizen who
• 2:32
  has resided in the United States since nineteen ninety one.
• 2:36
  She is also a citizen of France, where she was born,
• 2:39
  and of the United Kingdom, where she was educated and
• 2:42
  spent her childhood in formative years. Miss Maxwell graduated from
• 2:47
  Oxford University. She moved to the United States in nineteen
• 2:50
  ninety one and has lived in this country ever since.
• 2:54
  Miss Maxwell has maintained extremely close relationships with her six
• 2:58
  siblings and her nephews and nieces. Oh you mean the
• 3:01
  nephew that Hillary Clinton got a job at the State Department.
• 3:05
  That nephew. They all stood by her in the aftermath
• 3:09
  of the July twenty nineteen indictment of Epstein and continue
• 3:12
  to stand by her now. She especially is close to
• 3:15
  two of her sisters and their children, all of whom
• 3:18
  reside in the United States. Miss Maxwell also has numerous
• 3:23
  friends in the United States who themselves have children, and
• 3:26
  she is a godmother too many of them. Imagine being
• 3:29
  a parent and having Glaine Maxwell as the godmother to
• 3:32
  your kid. I know, I know, nobody had any idea
• 3:35
  what she was up to Miss Maxwell's family and friends
• 3:38
  have remained committed to her because they do not believe
• 3:41
  the allegations against her, which do not match the person
• 3:45
  that they have known for decades. The government's position the
• 3:49
  government has the burden of persuasion in showing that detention
• 3:53
  is warranted and that there is no condition or combination
• 3:57
  of conditions that will secure a defendants appearing in court.
• 4:01
  In seeking to carry this burden, the government relies on
• 4:04
  the presumption of detention US Code eighteen, Section thirty one
• 4:08
  forty two, E three and E and argues that Miss
• 4:12
  Maxwell poses a flight risk because she supposedly lacks ties
• 4:15
  to the United States, is a citizen of the United
• 4:19
  Kingdom in France as well as the citizen of the
• 4:21
  United States, and has passports for each country, has traveled
• 4:25
  internationally in the past, and has financial means and echoing
• 4:29
  recent media stories, the government speculates that Miss Maxwell was
• 4:34
  hiding from law enforcement during the pendency of the investigation,
• 4:38
  even though she has been in regular contact with the
• 4:41
  government through council since Epstein's first arrest. Yeah, how come
• 4:45
  the government couldn't find her when they had the lawsuit
• 4:47
  against her? They had the file via email nobody could
• 4:51
  find the lady, but now she wasn't hiding. Finally, the
• 4:54
  government argues that the nature and circumstances of the offense
• 4:58
  and the weight of the evidence warrant detention. Importantly, it
• 5:02
  contrasts with the Bell position it took with Epstein. The
• 5:05
  government does not and cannot assert that Miss Maxwell presents
• 5:09
  a danger to the community under Section thirty one forty
• 5:12
  two G four. Miss Maxwell's response, the Court should exercise
• 5:17
  its discretion to grant Bell to Miss Maxwell on the
• 5:20
  strict conditions proposed below or modified by the Court for
• 5:24
  two compelling reasons. Oh this is a doozy right here, folks. First,
• 5:28
  the COVID nineteen crisis. Boy, how many people tried to
• 5:32
  use the COVID nineteen crisis for their own purposes, and
• 5:36
  its impact on detained defendants warrants release. As the Court noted,
• 5:41
  the COVID nineteen pandemic represents an unprecedented health risk to
• 5:45
  incarcerated individuals, and COVID nineteen related restrictions on attorney communications
• 5:51
  with pre trial detainees significantly impairs a defendant's ability to
• 5:56
  prepare defense. Literally everybody in prison was under this same
• 6:00
  exact strict standards, not just Maxwell. Second, the court should
• 6:04
  grant Bell because the government has not met its burden
• 6:07
  under the Bell Reform Act and controlling case law. The
• 6:11
  presumption relied on by the government may be rebutted, and
• 6:14
  is so here. Miss Maxwell has strong ties to the community.
• 6:18
  She is a US citizen and has lived in the
• 6:21
  country for almost thirty years. She ran a nonprofit company
• 6:25
  based in the United States until the recent media frenzy
• 6:28
  about this case forced her to wind it down to
• 6:30
  protect her professional colleagues and their organizations. Well, here's an idea.
• 6:35
  Don't hang out with Glenne Maxwell. I know, I know
• 6:38
  novel idea. And she also has very close ties with
• 6:41
  family members and friends in New York and the rest
• 6:44
  of the country. Nor does her conduct indicate that she
• 6:47
  has a flight risk. She has no prior criminal record,
• 6:51
  has spent years contesting civil litigation arising from her supposed
• 6:55
  ties to Epstein, and has remained in the United States
• 6:57
  from the time of Epstein's arrest, present with her counsel
• 7:01
  in regular contact with the government. She did not flee,
• 7:05
  but rather left the public eye for the entirely understandable
• 7:09
  purpose of protecting herself and those close to her. From
• 7:12
  the crush of media and online attention and its very
• 7:16
  real harms. Those close to her have suffered the loss
• 7:19
  of jobs, work opportunities, and reputational damage simply for knowing her.
• 7:24
  The government's remaining arguments about Miss Maxwell's passports, citizenship, travel,
• 7:30
  and financial means also fell because they would require that
• 7:34
  every defendant with multiple citizenships and financial means be denied BELL,
• 7:39
  which is simply not the law. Finally, as discussed below,
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  the government's position regarding the nature and circumstances of the
• 7:46
  offense and the weight of its evidence, which relates to
• 7:49
  alleged conduct that is roughly twenty five years old, is
• 7:53
  not persuasive and does not alter the Bell analysis proposed
• 7:58
  BELL conditions. In light of the above, we propose the
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  following Bell conditions, which are consistent with those that the
• 8:05
  Court in this circuit have imposed in other situations. One
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  a five million dollar personal recognaissance bond co signed by
• 8:14
  six financially responsible people, all of whom have strong ties
• 8:17
  to Miss Maxwell and secured by real property in the
• 8:20
  United Kingdom worth over three point seventy five million. Two.
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  Travel restricted to the southern and Eastern districts of New
• 8:28
  York three surrender of all travel documents with no new applications.
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  Four strict supervision by pre trial services. Five home confinement
• 8:39
  at a residence in the southern District of New York
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  with electronic GPS monitoring. Six visitors limited to Miss Maxwell's
• 8:47
  immediate family, close friends, and council. Seven travel limited to
• 8:52
  court appearances and to Council's office, except upon application to
• 8:57
  pre trial Services and the Government. And eight such other
• 9:01
  terms as the Court may deem appropriate. Under Section thirty
• 9:04
  one forty two. The ball reformat does not discard the
• 9:08
  presumption of innocence. Miss Maxwell is entitled to the presumption
• 9:12
  here as she is in all aspects of this case.
• 9:15
  See US Code eighteen, Section thirty one forty two. Jay.
• 9:19
  Nothing in this section thirty one forty two shall be
• 9:22
  construed as modifying or limiting the presumption of innocence. The
• 9:28
  Government has failed to meet its burden of establishing that
• 9:31
  Miss Maxwell presents an actual risk of flight and must
• 9:35
  be detained under Section thirty one forty two. The strict
• 9:38
  bail conditions outlined above are appropriate under the circumstances and
• 9:43
  are the least restrictive set of conditions that will reasonably
• 9:46
  assure Miss Maxwell's appearance in court without the health and
• 9:50
  access to council risks inherent in the government requests that
• 9:54
  Miss Maxwell be detained pending trial see US Code eighteen,
• 9:58
  section thirty one forty two, C. One and b. Under
• 10:03
  the controlling legal standards, miss Maxwell should be released on Bell.
• 10:08
  The argument there are two compelling reasons why the court
• 10:11
  should order Miss Maxwell's release on Bell pursuant to the
• 10:15
  strict conditions she has proposed. First, Miss Maxwell will be
• 10:19
  a significant risk of contracting COVID nineteen if she is detained,
• 10:23
  and she will not be able to meaningfully participate in
• 10:27
  the preparation of her defense due to the restrictions that
• 10:30
  have been placed on attorney visits and phone calls in
• 10:33
  light of the pandemic. Second, the government has failed to
• 10:37
  carry its burden under US Code eighteen, section thirty one
• 10:41
  forty two that no combination of conditions can be imposed
• 10:45
  that will reasonably assure Miss Maxwell's presence in court. All right, folks,
• 10:50
  we're gonna wrap up well part one there, and in
• 10:52
  the next episode we're gonna pick up with part two.
• 10:55
  All of the information that goes with this episode can
• 10:58
  be found in the description box. What's up everyone, and
• 11:02
  welcome back to the Epstein Chronicles. In this episode, we're
• 11:06
  going to pick up where we left off with the
• 11:08
  Galaine Maxwell bail application. One. The conditions created by COVID
• 11:14
  nineteen pandemic mandate the release of Miss Maxwell. Impact of
• 11:19
  COVID nineteen on the prison population. We submit that the
• 11:22
  conditions created by the COVID nineteen pandemic canpel Miss Maxwell's release.
• 11:27
  Pursue into appropriate Belle conditions. Four months ago, this court
• 11:32
  held in United States vs. Stevens fifteen Dash CR DASH
• 11:36
  ninety five AGN twenty twenty WL one two nine five
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  to one five five SDNY March nineteenth, twenty twenty, that
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  COVID nineteen is an unprecedented and extraordinarily dangerous threat that
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  justifies release on bell. In that case, the defendant, who
• 11:55
  had no underlying medical conditions, filed an emergency motion for
• 11:58
  reconsideration of the court's prior detention order, based in part
• 12:03
  on the risks brought by COVID nineteen. At the time,
• 12:06
  COVID nineteen had only begun to take its devastating toll
• 12:10
  on New York and there was no known outbreak in
• 12:13
  the prison population. Nevertheless, the Court noted that inmates maybe
• 12:17
  at a heightened risk of contracting COVID nineteen should an
• 12:21
  outbreak develop, and based in part on this change circumstance,
• 12:25
  ordered the defendant released. Since the Court issued its opinion
• 12:29
  in Stevens, the COVID nineteen risks to inmates have increased dramatically,
• 12:34
  as there have been significant outbreaks of COVID nineteen in
• 12:37
  correctional facilities. In the last month alone, the number of
• 12:41
  prison inmates known to have COVID nineteen has doubled to
• 12:44
  sixty eight thousand, and the prison death tied to COVID
• 12:47
  nineteen have risen by seventy three percent. Indeed, as of
• 12:52
  July second, twenty twenty, nine of the ten largest known
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  clusters of the coronavirus in the United States are in
• 12:59
  federal prisons and county jails. As this Court noted last month,
• 13:03
  the inability of individuals to socially distance shared communal spaces
• 13:08
  and limited access to hygiene products in correctional facilities mikes
• 13:12
  community spread all but unavoidable. United States versus William's Bathea
• 13:17
  Number eighteen dh CR seventy eight, AJN twenty twenty WL
• 13:22
  two eighty four eight oh nine eight at five SDNY
• 13:27
  June second, twenty twenty. The risks are further enhanced by
• 13:31
  the possibility of a second wave of coronavirus. In particular,
• 13:35
  COVID nineteen has begun to spread through the Metropolitan Detention
• 13:39
  Center where Miss Maxwell has been housed since the Bureau
• 13:43
  of Prisons transferred are there on July sixth of twenty twenty.
• 13:46
  According to the NDC statistics, as of April third, twenty twenty,
• 13:51
  two inmates and five staff had tested positive. By June thirtieth,
• 13:56
  twenty twenty, those numbers had risen to fourteen and forty one, respectively.
• 14:01
  The increase spread among prisons means that the COVID nineteen
• 14:04
  risks that were present in the Stephens case four months
• 14:07
  ago are far more serious for Miss Maxwell now and
• 14:11
  mandate her release. Impact of COVID nineteen on the ability
• 14:15
  to prepare the defense the Stephens opinion provides yet another
• 14:20
  independent basis that we submit requires Miss Maxwell's release. If
• 14:24
  she is detained, her ability to meet with her attorneys
• 14:27
  and prepare for her defense will be significantly impaired, and
• 14:31
  she will not be able to meaningfully participate in the
• 14:34
  preparation of her defense. In Stevens, the Court found that
• 14:38
  this factor required the defendant's release under US Code eighteen,
• 14:42
  Section three forty two I, which provides for temporary release
• 14:47
  based on a determination that such a release is necessary
• 14:50
  for the preparation of the person's defense. Stevens, twenty twenty
• 14:54
  w L. One twenty nine, five to one, five five
• 14:57
  at three. The Court noted that the spread of COVID
• 15:02
  nineteen had compelled the GOP to suspend all in person visits,
• 15:06
  including legal visits, except as allowed on a case by
• 15:09
  case basis, that suspension persists to this day. In a
• 15:14
  case such as this, which will require assessing evidence relating
• 15:18
  to events that occurred approximately twenty five years ago, including
• 15:22
  documents and personal recollections, numerous in person meetings between Council
• 15:27
  and Miss Maxwell will be critical to the preparation of
• 15:30
  the defense. The recent resurgence of the pandemic calls into
• 15:34
  question whether these meetings will ever be able to happen
• 15:38
  in advance of her trial. As in Stevens, Miss Maxwell
• 15:42
  and her inability to meet with her attorneys while this
• 15:45
  policy is in effect, constitutes a compelling reason requiring her release. Stevens,
• 15:50
  twenty twenty WL one twenty nine five to one five
• 15:54
  five at three Even speaking by phone with Miss Maxwell
• 15:58
  presents daunting challenges due to COVID nineteen related protocols requiring
• 16:03
  at least seventy two hours notice to schedule a call
• 16:06
  unless it's urgent, in which case Council can email a
• 16:09
  request to the MDC. As Council is learned in the
• 16:13
  past week, however, even an urgent call request does not
• 16:16
  mean the call will take place in the time required.
• 16:19
  At approximately five thirty pm on July sixth, twenty twenty,
• 16:23
  the court ordered us to confer with Maxwell about waiving
• 16:27
  her physical presence at the arraignment, initial appearance and bail hearing,
• 16:31
  and ordered Council for both sides to jointly report back
• 16:34
  by nine pm that night with a reposed date and
• 16:37
  time for these proceedings. We promptly emailed the MDC to
• 16:42
  request an urgent call, making specific reference to the court's order,
• 16:46
  but were not connected with Miss Maxwell until nine pm.
• 16:50
  There will no doubt be other orders of the court
• 16:53
  with no guarantees we will be able to reach our
• 16:55
  client in time if she is detained. In addition, during
• 16:59
  the past week, Miss Maxwell has not been able to
• 17:02
  physically review documents and has that limited access to writing materials.
• 17:07
  The prohibition on in person visits means we need to
• 17:10
  retour any documents requiring her review, and she has virtually
• 17:14
  no ability to take notes. The age of allegations in
• 17:18
  this case can pound these problems. Under these circumstances, Miss
• 17:22
  Maxwell cannot review documents and other evidence from approximately twenty
• 17:26
  five years ago and meaningfully assist in the preparation of
• 17:30
  her defense. These restrictions are additional compelling reasons justifying her release.
• 17:36
  Part two. The government has not carried its burden under
• 17:41
  US Code eighteen thirty one forty two the grave concerns
• 17:45
  raised by the current COVID nineteen crisis. Notwithstanding, Miss Maxwell
• 17:49
  must be released because she has met her limited burden
• 17:52
  of production showing that she does not pose a flight risk,
• 17:56
  and the government has entirely failed to demonstrate that no
• 17:59
  release condition or a combination of conditions exist that will
• 18:03
  reasonably assure Miss Maxwell's presence in court. A applicable law
• 18:09
  as the Supreme Court is recognized. In our society, liberty
• 18:12
  is the norm, and detention prior to trial or without
• 18:15
  trial is the carefully limited exception United States vers. Salerno
• 18:20
  for eighty one US seven thirty nine seven fifty five
• 18:24
  nineteen eighty seven. Pre trial detention is appropriate only where
• 18:28
  no condition or a combination of conditions will reasonably assure
• 18:32
  the appearance of the defendant. United States vers. Saphani, four
• 18:36
  ninety three f dot three D. Sixty three seventy five,
• 18:40
  Second Circuit, two thousand and seven. Quoting US Code eighteen,
• 18:45
  section thirty one, forty two E, the Bail Reform Act
• 18:48
  provides that a court shall order the pre trial release
• 18:52
  of the defendant US Code eighteen thirty one forty two B,
• 18:56
  but may impose Belle conditions if such release will not
• 19:00
  reasonably assure the appearance of the defendant in court. US
• 19:04
  Code eighteen thirty one forty two. Where conditions are necessary,
• 19:08
  such release shall be subject to the least restrictive set
• 19:11
  of conditions that the court determines will reasonably assure the
• 19:14
  appearance of the person as required. US Code eighteen, section
• 19:19
  thirty one forty two, C one and B emphasis added. Consequently,
• 19:24
  under this statutory scheme, it is only a limited group
• 19:27
  of offenders who should be denied bail pending trial. Sapani
• 19:31
  four ninety three F. Dot three d. At seventy five.
• 19:35
  The government bears a dual burden in seeking pre trial detention. First,
• 19:40
  the government must show by a preponderance of the evidence
• 19:44
  that the defendant presents an actual risk of flight Sapani
• 19:47
  four ninety three f. Dot three d at. Seventy five.
• 19:50
  Emphasis added. If the government is able to satisfy this burden,
• 19:55
  it must then demonstrate by a preponderance of evidence that
• 19:58
  no condition or common a nation of conditions could be
• 20:01
  imposed on the defendant that would reasonably assure his presence
• 20:05
  in court. In determining whether there are conditions of release
• 20:09
  that will reasonably assure the appearance of the defendant, the
• 20:12
  court must consider one the nature and circumstances of the
• 20:16
  offense charged, two weight of the evidence against the person,
• 20:20
  three the history and characteristics of the person, and four
• 20:24
  the nature and seriousness of the danger to any person
• 20:27
  or the community that would be posed by the person's release.
• 20:31
  US Code eighteen thirty one forty two G. In this case,
• 20:36
  unlike in the Epstein case, the government does not contend
• 20:39
  that miss Maxwell poses any danger to the community, and
• 20:42
  therefore the fourth factor does not apply. The bail reformat
• 20:47
  contains a rebuttable presumption applicable based on certain of the
• 20:51
  crimes charged here, that no conditions will reasonably assure against
• 20:55
  flight see US Code section thirty one forty two E,
• 21:00
  Z and E. In cases where this presumption applies, the
• 21:04
  defendant bears a limited burden on production, not a burden
• 21:07
  of persuasion to rebut that presumption by coming forward with
• 21:11
  evidence that she does not pose a risk of flight.
• 21:14
  See United States verus English six twenty nine F dot
• 21:18
  three D three eleven three nineteen second Circuit twenty eleven.
• 21:22
  This rebuttal presumption can be readily satisfied United States versus.
• 21:27
  Conway number four Dash eleven DASH seven zero seven five
• 21:31
  six m A G DMR twenty eleven, w L thirty
• 21:35
  four twenty one three twenty one at two, Northern District, California,
• 21:41
  August three, twenty eleven. And any evidence favorable to a
• 21:45
  defendant that comes within a category listed in thirty one
• 21:49
  forty two G can affect the operation of the presumption.
• 21:52
  United States versus Domingues seven eighty three F dot two
• 21:56
  D seven O two seven oh seven seven Circuit nineteen
• 22:00
  teen eighty six. See also United States versus Mattis number
• 22:04
  twenty Dash seventeen DASH thirteen twenty twenty, w L thirty five,
• 22:10
  thirty six two seventy seven at four and five Second Circuit,
• 22:14
  June thirtieth, twenty twenty. Although the presumption remains a factor
• 22:18
  to be considered even after the defendant has met her
• 22:21
  burden of production, at all times, the government retains the
• 22:25
  ultimate burden of persuasion by preponderance of the evidence that
• 22:29
  the defendant poses a flight risk that cannot be addressed
• 22:32
  by any bail conditions. English six twenty nine f Dot
• 22:36
  three d at three nineteen Citation and eternal quotation marks omitted.
• 22:41
  See also United States versus Deutsch number eighteen dash CR
• 22:45
  Dash five oh two FB twenty twenty, w L thirty
• 22:49
  five seventy seven three ninety eight at five ed n
• 22:54
  Y July one, twenty twenty. And regardless of the presence
• 22:58
  and the presumption or the nature of the charges alleged,
• 23:01
  nothing in this section thirty one forty two shall be
• 23:04
  construed as modifying or limiting the presumption of innocence. US
• 23:08
  Code eighteen, Section thirty one forty two JAY. See also
• 23:12
  United States versus Kroll zero six dot, CR dot two
• 23:16
  ninety one EF two thousand and six, WL thirty five
• 23:20
  forty one seven thirty six AT three WDNY December seventh,
• 23:25
  two thousand and six. Those charged with crimes involving minors
• 23:28
  continue to enjoy the presumption of innocence in setting conditions
• 23:32
  of release. All right, folks, that's gonna wrap up Part two,
• 23:36
  and in the next episode we'll pick up where we
• 23:39
  left off with Part three. All of the information that
• 23:42
  goes with this episode can be found in the description box.
• 23:46
  What's up everyone, and welcome back to the Epstein Chronicles.
• 23:50
  This episode, we're gonna pick right back up where we
• 23:52
  left off with the Glenn Maxwell Bell request one. Miss
• 23:57
  Maxwell's personal history and character turistics demonstrate that she is
• 24:02
  not a flight risk a Miss Maxwell has no prior
• 24:07
  criminal record and has significant ties to the United States
• 24:10
  and the New York region. Miss Maxwell's history and characteristics
• 24:15
  do not strongly support Detention Government's memorandum at six, but
• 24:19
  instead demonstrate that she is firmly rooted in this country
• 24:22
  and that her appearance can be reasonably assured with appropriate
• 24:25
  bell conditions. Miss Maxwell has no criminal record, which includes
• 24:29
  an approximately twenty five year period from the time the
• 24:33
  conduct alleged in the indictment took place to the present.
• 24:36
  Miss Maxwell has also significant ties to the United States.
• 24:40
  She has lived in the country for almost thirty years
• 24:43
  and became a naturalized US citizen in two thousand and two.
• 24:47
  Miss Maxwell also has strong family ties to the country.
• 24:50
  Two of her sisters have agreed to co sign or
• 24:53
  bond live in the United States, and they have several
• 24:55
  children who are US born citizens. Miss Maxwell is very
• 24:59
  close with their s sisters and maintains regular contact with them,
• 25:02
  as well as with their nieces and nephews. Miss Maxwell
• 25:05
  also has numerous close friends and professional colleagues who reside
• 25:09
  in this country. In some the United States has been
• 25:13
  Miss Maxwell's home for decades. B Miss Maxwell has actively
• 25:18
  litigated civil cases in this district and has not left
• 25:22
  the United States since Epstein's twenty nineteen arrest. Miss Maxwell
• 25:26
  has never once attempted to hide from the government or accusers,
• 25:30
  and has never shown any intent to leave the country.
• 25:33
  To the country, Miss Maxwell has always denied that she
• 25:37
  was involved in illegal and improper conduct related to Epstein,
• 25:42
  and her conduct has been entirely consistent with someone who
• 25:45
  fully intends to remain in this country. And fight any
• 25:49
  allegations brought against her. For example, since twenty fifteen and
• 25:53
  continuing through today, Miss Maxwell has actively litigated several civil
• 25:58
  cases related to Epstein in the Southern District of New
• 26:01
  York and has sat for depositions in those cases. Similarly,
• 26:06
  throughout the course of the criminal investigation of the case,
• 26:09
  which has been publicly reported for nearly a year, Miss
• 26:12
  Maxwell has remained in the United States. Indeed, on July seventh,
• 26:17
  twenty nineteen, the day after Epstein's arrest, Miss Maxwell reached
• 26:21
  out to the prosecutors in the Southern District of New
• 26:24
  York through Council and maintained regular contact with them right
• 26:28
  up to the point of her arrest. The government's broad
• 26:31
  assertion that Miss Maxwell has engaged in frequent international travel
• 26:35
  in the last three years Government Memo at six obscures
• 26:39
  the critical point she has not left the country even
• 26:42
  once since Epstein's arrest. Miss Maxwell's decision to remain in
• 26:46
  the United States after Epstein's arrest and subsequent death in
• 26:50
  August twenty nineteen is particularly significant because any incentive she
• 26:55
  may have had to flee would have been even more
• 26:57
  acute at that time. Within days of Epstein's death, a
• 27:01
  steady stream of press articles began turning the public's attention
• 27:05
  to Miss Maxwell, wrongly substituting her for Epstein and speculating
• 27:10
  that she had become the prime target of the government's investigation.
• 27:14
  Adding even more fuel to this fire, several of the
• 27:17
  women claiming to be victims of Epstein began publicly calling
• 27:20
  for her immediate arrest and prosecution. Despite increasing the risk
• 27:24
  of being criminally charged and the media firestorm that was
• 27:28
  redirected toward her after Epstein's death, and despite having ample
• 27:32
  opportunity to leave the country, Miss Maxwell stayed in the
• 27:35
  United States for almost an entire year until she was arrested.
• 27:40
  These actions weigh heavily in favor of release. See United
• 27:44
  States versus Friedman, eight thirty seven f Dot two d
• 27:48
  forty eight, forty nine and fifty Second Circuit nineteen eighty eight,
• 27:52
  overturning District Court's decision that defendant posed a flight risk,
• 27:56
  based in part on the grounds that the defendant took
• 28:00
  no steps to flee jurisdiction in the three week period
• 28:03
  between execution of search warrant at home and the arrest.
• 28:06
  United States versus Dejocomo seven forty six f DOT supp
• 28:11
  DOT eleven seventy six, eleven seventy nine eighty d MASS
• 28:16
  nineteen ninety concluding defendants did not present a flight risk
• 28:20
  because each of them for three years knew there was
• 28:22
  substantial evidence of the likely charges against them and did
• 28:26
  not attempt to flee before the indictment. Indeed, the absence
• 28:29
  of any allegation by the government that Miss Maxwell was
• 28:33
  taking steps to leave the country at the time of
• 28:35
  her arrest is conspicuous. The government has offered no proof
• 28:39
  that she was making plans to leave the country. In fact,
• 28:42
  had the government alerted her council that she was about
• 28:45
  to be arrested, we would have arranged for Miss Maxwell's
• 28:48
  prompt voluntary surrender. Instead, the government arrested Miss Maxwell without
• 28:52
  warning on the day before the July fourth holiday, thus
• 28:56
  ensuring that she would be in federal custody on the
• 28:59
  one year nd anniversary of Epstein's arrest. See Miss Maxwell's
• 29:04
  actions to protect yourself from intrusive media coverage and death
• 29:07
  threats do not demonstrate and intent to flee. Furthermore, the
• 29:12
  steps Miss Maxwell took to leave the public eye after
• 29:15
  Epstein's arrest are not indicative of a risk of flight.
• 29:19
  The government notes that Miss Maxwell dropped out of public
• 29:22
  view after Epstein's arrest, which the government seeks to portray
• 29:25
  as hiding from the law. The government further argues that
• 29:30
  she has taken several steps to avoid detection, including moving
• 29:33
  residences and switching her phone and email addresses. Government membo
• 29:38
  at eighteen, but Miss Maxwell did not take these steps
• 29:41
  to hide from law enforcement or evade prosecution. Instead, there
• 29:45
  were necessary measures that Miss Maxwell was forced to take
• 29:49
  to protect herself, her family members, her friends and colleagues,
• 29:53
  and their children from unrelenting and intrusive media coverage threats
• 29:57
  an irreparable reputational harm. Ever since Epstein's arrest, Miss Maxwell
• 30:04
  has been at the center of a crushing onslaught of
• 30:06
  press articles, television specials, and social media posts painting her
• 30:10
  in the most damning light possible and pre judging her guilt.
• 30:14
  The sheer volume of media reporting mentioning Miss Maxwell is staggering.
• 30:19
  Since Epstein's arrest, she has been mentioned in literally thousands
• 30:22
  of media publications, news reports, and other online content. The
• 30:27
  media attention also spawned a carnival like atmosphere of speculation
• 30:31
  about her whereabouts in November of twenty nineteen, the British
• 30:36
  tabloid The Sun even offered a ten thousand pound bounty
• 30:39
  for information about Miss Maxwell's location. A headline reminiscent of
• 30:44
  a wild West wanted poster read wanted The Sun is
• 30:47
  offering ten thousand pounds in reward for information on Jeffrey Epstein,
• 30:52
  Powell Glenn Maxwell. In the days leading up to her arrest,
• 30:56
  there was a deluge of media reports, all untrue, claiming
• 30:59
  that Miss Maxwell was hiding out in an apartment in
• 31:02
  Paris to avoid questioning by the FBI. She has seen
• 31:06
  helicopters flying over her home and reporters hiding in the bushes. Indeed,
• 31:11
  since Miss Maxwell's arrest on July second, twenty twenty, her
• 31:15
  counsel has been flooded with hundreds of media inquiries and
• 31:18
  solicitations from members of the public. The open season declared
• 31:23
  on Miss Maxwell after Epstein's death has come with an
• 31:26
  even darker cost. She has been the target of alarming
• 31:29
  physical threats, even death threats, and has had the higher
• 31:33
  security guards to insure her safety. The media feeding frenzy,
• 31:37
  which has only intensified in recent months, has also deeply
• 31:40
  affected her family and her friends. Some of Miss Maxwell's
• 31:44
  closest friends, who had nothing to do whatsoever with Epstein,
• 31:48
  have lost their jobs or suffered severe professional and reputational
• 31:52
  damage simply by being associated with her. Miss Maxwell therefore
• 31:58
  did what any responsible person would do. She separated herself
• 32:01
  from every one she cares about and removed herself from
• 32:04
  the public eye in order to keep herself and her
• 32:07
  friends out of harm's way. Lacking any evidence required under
• 32:11
  the governing standard that Miss Maxwell presents an actual flight
• 32:15
  risk SAPANI four ninety three f. Dot three d at
• 32:18
  seventy five, the government's flight risk argument is reduced to
• 32:21
  the following. Miss Maxwell is a woman of means who
• 32:25
  has a foreign citizenship and has traveled internationally in the past,
• 32:29
  and who now faces serious charges. But if that were sufficient,
• 32:33
  then virtually every defendant with a foreign passport and any
• 32:37
  meaningful amount of funds would need to be detained as
• 32:40
  a flight risk see Hung versus United States, four thirty
• 32:43
  nine US thirteen twenty six, thirteen twenty nine, nineteen seventy eight.
• 32:49
  To detain based on risk of flight, governments must show
• 32:52
  more than opportunities for flight, and instead must establish an
• 32:56
  inclination for flight that is not what the Bell reformat requires. Indeed,
• 33:02
  courts in this circuit and elsewhere commonly find that Bell
• 33:06
  conditions can adequately address risk of flight even when individuals
• 33:10
  have foreign citizenship and passports or otherwise substantial foreign connections
• 33:15
  and financial means. C eg SAPANEE four ninety three f
• 33:19
  dot three d AT sixty six, United States versus Hanson
• 33:23
  one oaight f dot app X three thirty one six
• 33:27
  Circuit two thousand and four, United States verse. Hanson six
• 33:31
  thirteen F dots, s u PP dot two d eighty five,
• 33:35
  d d C two thousand and nine. United States versus.
• 33:38
  Bodmer number three dash CR DASH nine four seven SAS
• 33:44
  two thousand and four, w L one six nine seven
• 33:47
  nine zero AT two and three SDN Y January twenty eighth,
• 33:51
  two thousand and four, United States versus. Carney two ninety
• 33:55
  eight F dot, s upp dot two D one twenty nine,
• 33:58
  d d C two TIVEW thousand and four. United States vs.
• 34:02
  Kushogi seven seventeen, f dot supp one zero four eight
• 34:07
  ten fifty through fifty two sdn Y nineteen eighty nine. Finally,
• 34:12
  the ongoing travel restrictions caused by the COVID nineteen pandemic
• 34:16
  would pose a significant hurdle to miss Maxwell's ability to
• 34:20
  flee the United States, particularly to France and the United Kingdom. Notably,
• 34:25
  two weeks ago, this Court recognized in United States versus
• 34:30
  Abdelatti El Machadom Number nineteen Dash CR DASH six forty
• 34:35
  six AJN twenty twenty, w L three four four zero
• 34:39
  five one five SDNY, June twenty third, twenty twenty, that
• 34:44
  concerns regarding risk of flight are mitigated by the ongoing
• 34:47
  COVID nineteen pandemic, which has understandably Kurtel travel across the
• 34:52
  country and indeed around the world IDA at one. In
• 34:57
  that case, despite finding detention to be warranted on on
• 35:00
  two prior occasions, the Court concluded that the government can
• 35:03
  no longer establish flight risk and order the defendant release
• 35:07
  pending sentencing ID taking account of the COVID nineteen pandemic,
• 35:12
  which had not yet reached this country when the Court
• 35:15
  last considered defendant's custody status. The balance now clearly and
• 35:19
  convincingly tips in defendants favor. Consideration of this factor weighs
• 35:24
  heavily in favor of release on the proposed Bell conditions,
• 35:27
  Here two, the nature and the circumstances of the charges
• 35:32
  and the weight of the evidence militate in favor of Bell.
• 35:36
  The defense has rebutted the presumption relating to certain of
• 35:40
  the charges, and the government relies on the statutory presumption
• 35:44
  of detention applicable to offenses involving minor victims Government Memo. At.
• 35:49
  Four and five. But unlike the position it took with Epstein,
• 35:52
  the government does not contend that Maxwell poses any danger
• 35:55
  to the community or that she suffers from compulsive or
• 35:59
  addictive sexual proclivities see United States versus Epstein, four to
• 36:03
  twenty five f Dot supp Dot three D three six three,
• 36:08
  fourteen and fifteen SDNY, twenty nineteen. Even according to the indictment,
• 36:14
  Miss Maxwell's alleged participation in offenses involving miners ended in
• 36:18
  nineteen ninety seven. Here, the only applicable presumption relates to
• 36:23
  risk of flight, end is noted Miss Maxwell has rebutted
• 36:26
  that presumption based on her ties to the United States,
• 36:29
  her decision to remain in this country after Epstein's arrest,
• 36:33
  and all of the other reasons discussed above. This court
• 36:36
  should follow other courts in this circuit and elsewhere that
• 36:40
  have found the defendants rebutted the presumption and imposed appropriately
• 36:44
  strict bell conditions in cases involving alleged defenses against miners
• 36:49
  ce Deutsch twenty twenty, w L three five seven, seven,
• 36:54
  three nine eight, at five and six. United States versus
• 36:57
  Veris Number three twenty CRDH eighteen Dash j Dash thirty
• 37:03
  two JBT twenty twenty w L one zero four to two,
• 37:07
  zero five to one, at three and four, MD, Florida,
• 37:12
  March fourth, twenty twenty, Conway twenty eleven, w L three
• 37:17
  forty two one thirty two one at four and five.
• 37:20
  The impact of the potential penalties is overstated. The government
• 37:25
  asserts the detention is warranted because of the potential for
• 37:28
  a long sentence in this case Government Memorandum at four
• 37:31
  and five. This oversimplifies the governing standard. Although the severity
• 37:36
  of potential punishment is a relevant consideration, the Second Circuit
• 37:40
  Court requires more than evidence of the commission of a
• 37:44
  serious crime and the fact of a potentially long sentence
• 37:47
  to support a finding of flight risk. Friedman eight thirty
• 37:51
  seven f dot two d at forty nine to fifty.
• 37:55
  District Court's findings that defendant posed a risk of flight
• 37:58
  was clearly erroneous despite potential for long sentence of incarceration.
• 38:03
  See also Sapani four ninety three ft three d at
• 38:07
  sixty five, seventy six, and seventy seven reversing detention Order,
• 38:12
  where defendants agreed to significant physical and financial restrictions despite
• 38:16
  the fact that they faced a lengthy term of incarceration. Accordingly,
• 38:21
  the asserted potential for a long sentence does not meet
• 38:24
  the government's burden of persuasion. Moreover, the government overstates the
• 38:29
  potential for Miss Maxwell to spend decades in prison if
• 38:32
  she is convicted. In fact, her likely total exposure even
• 38:36
  if she were convicted on all ten counts, is ten years,
• 38:40
  assuming the court were to follow the traditional practice in
• 38:43
  this district and impose concurrent sentences. Although a ten year
• 38:47
  sentence would be significant, it is a far cry from
• 38:50
  the government's forecast, further demonstrating that the government has not
• 38:54
  met its burden of showing Miss Maxwell is an actual
• 38:57
  risk of flight. The case is subject to significant challenges.
• 39:03
  In evaluating the strength of the government's case, we note
• 39:06
  that Miss Maxwell intends to mount several legal challenges to
• 39:09
  the indictment, including that one this prosecution is barred by
• 39:14
  Epstein's September twenty fourth, two thousand and seven non prosecution
• 39:18
  agreement with the Department of Justice, which covers any potential
• 39:22
  co conspirators of Epstein. The conspiracy, enticement of miners and
• 39:26
  transporting of miners charges are time barred and otherwise legally flawed,
• 39:31
  and three the two perjury charges are subject to dismissal
• 39:35
  on several legal grounds. In addition, as we understand from
• 39:39
  the face of the indictment, the government's case is based
• 39:41
  primarily on the testimony of three individuals about events that
• 39:45
  allegedly occurred roughly twenty five years ago between nineteen ninety
• 39:49
  four and nineteen ninety seven. It is inherently more difficult
• 39:53
  to prosecute cases relating to decades old conduct. These issues
• 39:57
  further call into question the strength of the govern Verman's
• 40:00
  case and provide an independent basis justifying release on Bell three.
• 40:06
  The proposed Bell package is more than adequate to secure
• 40:08
  Miss Maxwell's presence for the reason stated above. The court
• 40:13
  should release Miss Maxwell because the circumstances created by the
• 40:16
  COVID nineteen pandemic will greatly increase her personal risk and
• 40:20
  prevent her from meaningfully participating in her defense, and because
• 40:24
  the government has not carried its burden under US Code
• 40:27
  eighteen thirty one forty two, we respectfully submit that the
• 40:31
  proposed ball package represents the least restrictive set of conditions
• 40:35
  that will reasonably ensure Miss Maxwell's presence in court US
• 40:39
  Code eighteen thirty one forty two, C. One and B.
• 40:43
  The package includes six co signers, Miss Maxwell's siblings, relatives,
• 40:47
  and friends, many of whom reside in the United States,
• 40:50
  and all of whom continue to support her despite the
• 40:53
  unrelenting media attacks that Miss Maxwell and they themselves have
• 40:58
  suffered as a result of the case Maxwell the victim. Huh,
• 41:02
  it's always Maxwell the victim. I wonder just how bad
• 41:06
  the survivors are suffering. Maybe that's something we should talk about.
• 41:11
  Each of them have voluntarily agreed to assume responsibility for
• 41:15
  an extremely large bond amount of five million dollars in
• 41:18
  order to secure her appearance. The bond is also to
• 41:21
  be secured by real property in the United Kingdom worth
• 41:25
  roughly three point seventy five million. The package also includes
• 41:28
  stringent travel and physical restrictions, including surrendering all passports and
• 41:34
  no new travel applications. Travel restricted to the southern and
• 41:38
  Eastern districts of New York, and home detention with electronic monitoring.
• 41:43
  Miss Maxwell, for personal reasons, will continue to need security
• 41:46
  guards to protect her upon release. Under the circumstances. If
• 41:51
  the court requires, the security guards could report to pre
• 41:54
  trial services. Miss Maxwell has a number of other family
• 41:58
  members and friends who, on under normal circumstances, would also
• 42:02
  co sign and secure a bond. She is not relying
• 42:05
  on them in connection with this bail application in an
• 42:08
  effort to safeguard their privacy and protect them and their
• 42:11
  families from harm. The proposed bail conditions are consistent with
• 42:15
  those approved by the courts in this circuit in other
• 42:18
  high profile cases, and should be approved here. C e g.
• 42:22
  United States versus Esposito, three oh nine F Dot supp
• 42:27
  Dot three D twenty four thirty two, SDNY twenty eighteen.
• 42:31
  Alleged leader of the Genevese crime family who was charged
• 42:34
  with racketeering and extortion, granted release subject two conditions. United
• 42:41
  States versus. Dryer five ninety six F Dot supp two
• 42:45
  d eight thirty one eight thirty two SDNY two thousand
• 42:48
  and nine. Mark Dryer, accused of colossal criminality, and alleged
• 42:52
  to be a high flight risk. Granted release subject two
• 42:55
  conditions United States versus madeoff five eighty six f DOT
• 42:59
  SIM supp DOT two D two forty two forty three
• 43:04
  SDN y two thousand and nine Bernie made off charge
• 43:07
  with the largest Ponzi scheme ever and alleged to be
• 43:10
  a serious risk of flight. Granted release subject to conditions. Conclusion.
• 43:15
  For the foregoing reasons, Miss Maxwell respectfully requests that the
• 43:19
  Court order her release on Bell pursuant to the conditions
• 43:23
  she has proposed. This was dated on July tenth, twenty twenty,
• 43:27
  and it was signed by Marc S. Cohen. All Right, folks,
• 43:31
  that's going to do it for this one. All of
• 43:33
  the information that goes with this episode can be found
• 43:36
  in the description box.