Latest / The Epstein Chronicles / 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 Epstein Chronicles

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