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+## Prrileb atatez Pistritt a:Court SOUTHERN DISTRICT OF NEW YORK
+
+TO: AT&T Attn: Global Legal Demands Center 11760 U.S. Highway 1, Suite 300 North Palm Beach, FL 33408
+
+## GREETINGS:
+
+WE COMMAND YOU that all and singular business and excuses being laid aside, you appear and attend before the United States District Court for the Southern District of New York, 40 Foley Square, in the Borough of Manhattan, City of New York, New York, in the Southern District of New York, at the following date, time and place:
+
+Appearance Date: November 29, 2021 Appearance Time: 9:00 a.m. Appearance Place: 40 Foley Square, Courtroom 318 to testify and give evidence in the following matter:
+
+## United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
+
+and not to depart the Court without leave thereof, or of the United States Attorney, and that you bring with you and produce at the above time and place the following:
+
+- Any and all records relating to phone number including subscriber records, billing records, call detail records, and toll records from 1999-2004.
+
+Failure to attend and produce any items hereby demanded will constitute contempt of court and will subject you to civil sanctions and criminal penalties, in addition to other penalties of the Law.
+
+DATED: New York, New York November 11, 2021
+
+DAMIAN WILLIAMS United States Attorney for the Southern District of New York
+
+New York New York 10007
+
+
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+# Filing and Security V
+
+Primary Case: 72-MM-113327
+
+Serial Number: 22
+
+Serialized: 11/03/2909
+
+Category: Full Investigation
+
+Initiated: 10/28/2009
+
+#### Details
+
+Serial #: 22
+
+From:
+
+Document Title: INTERVIEW RE
+
+Approval Date: 11/3/2009
+
+Classification: SN
+
+Contents 12/02/2009
+
+IMMMME. date of birth opal security number of Miami, Flo a, was interviewed, after waiving his Miranda Rights, at Boca Raton, Florida. After being advised of the identity of the interviewing agents and the purpose of the interview, he provided the following information:
+
+Case Title:
+
+Type: FD302
+
+To: MIAMI
+
+worked for JEFFREY EPSTEIN as a house manag for approximately six months between 2004 and 2005. During his employment he obtained a copy of a black book and other rs at had the contact information for numerous individuals claimed that man 'duals in the book were underage (minor) females. stated that he forgot that he had th e items until the past couple of months. wanted to sell these items for \$50,000.00 to attorney BRADLEY EDVVARDS se he had been unable to work since losing his job with EPSTEIN. Dunn employment with EPSTEIN he (' saw ked minor females sunbathing at EPSTEIN's pool, he saw images of naked nor females on EPSTEIN's computer, and he knew that EPSTEIN was aving sexual contact with minor females at his house 'as occasionally tasked with cleaning sex toys after the minor females
+
+had departed the residence. lid not tell the FBI nor any other law enforcement agency about this information, even though he knew there was an investigation, because he was scared of EPSTEIN. IMMclaimed that he did give the Palm Beach Police Department some information related to the EPSTEIN investigation.
+
+# Indexing
+
+No Entities to display.
+
+# Intelligence
+
+Intelligence Value: No Intelligence Value
+
+Potential IlFt/SIR? No
+
+Sentinel Tags: No Sentinel Tags Selected
+
+Can you identify the No source of this information?
+
+# Routing
+
+Drafted By:
+
+V
+
+# Filing and Security V
+
+Primary Case: 72-MM-113327
+
+Serial Number: 6
+
+Serialized: 11/03/2009
+
+Category: Full Investigation
+
+Initiated: 10/28/2009
+
+#### Details
+
+Case Title:
+
+Serial N: 6
+
+From:
+
+Document Title: PURSUANT TO SEARCH:PROVIDED BY
+
+Approval Date: 11/3/2009
+
+Classification: SN
+
+Contents 11/04/2009
+
+### Indexing
+
+Type: FD302
+
+To: MIAMI
+
+Pursuant to consent to by date of birth Social Security Account Numbe ehicle, a tan Chevrolet Trailblazer, Florida to Vehicle Identification Number (VIN) s searched and one AT&T 'csson cellular telephone, Serial Numbe h car charger was seized IMIalso consented to the search of th cellular telephone seized from the vehicle as well as the cellular telephone he caned on his person, an I-Phone telephone,
+
+The original FD-26 Consent to Search Form signed by Rodriguez was placed in a 1A envelope of case file.
+
+No Entities to display.
+
+### Intelligence
+
+Intelligence Value: No Intelligence Value
+
+Potential IIR/SIR? No
+
+Sentinel Tags: No Sentinel Tags Selected
+
+Can you identify the No
+
+source of this
+
+information?
+
+# Routing
+
+Drafted By:
+
+# Filing and Security
+
+Primary Case: 72-MM-113327
+
+Serial Number: 5
+
+Serialized: 11103/2009
+
+Category: Full Investigation
+
+Initiated: 10/28/2009
+
+Case Title:
+
+#### Details
+
+V
+
+Serial it 5
+
+From:
+
+Document Title: INTERVIEW RE JULIO CESAR SUAREZ
+
+Approval Date: 11/3/2009
+
+Classification: SN
+
+Contents 11/04/2009
+
+Type: FD302
+
+To: MIAMI
+
+Julio Cesar Suarez, date of birth Soda Security Account Number U.S. Permanent Resident emplo as a kitchen cabinet salesperson, cellular telephone residence interviewed in the vicinity of the Hilton Hotel, Boca Raton, Florida. Suarez had a North Carolina Drivers License in his essi n which reflected aprevious address of harlotte. North Carolina. Suarez was advised of the identity of the interviewing agents and purpose of the interview. Suarez was read an FD-395 Advice of Rights form which he stated he understood and signed. Suarez provided the following information: K
+
+Suarez the Hilton Hotel with his friend, Suarez met lEthrough their wives. picked Suarez up near his residence in Kendall and th planned to have lunch together. told Suarez he needed stop in Boca Raton but did not give areason why. Suarez acknowledged that brought documents to the Hilton Hot but he denied having any knowled f at the documents were related to. Suarez advised tha ents the El Cristo
+
+restaurant located at Miami, Florida and had been previously employed at another restaurant
+
+At the con and at the request of hevrolet Trailblazer. Florida tag as released to Suarez.
+
+The original FD-395 was placed in a lA envelope of case file
+
+# Indexing
+
+No Entities to display.
+
+# Intelligence
+
+Intelligence Value: No Intelligence Value Potential IIR/SIR? No Sentinel Tags: No Sentinel Tags Selected
+
+Can you identify the No source of this information?
+
+# Routing
+
+Drafted By:
+
+V
+
+V
+
+# Filing and Security
+
+Primary Case: 72-MM-113327
+
+Serial Number: 13
+
+Serialized: 11/06/2009
+
+Category: Full Investigation
+
+Initiated: 10/28/2009
+
+#### Details
+
+Case Title:
+
+Serial #: 13 Type: FD302
+
+From: To: MIAMI
+
+Document Title: INTERVIEW RE
+
+Approval Date: 11/6/2009
+
+Classification: SN
+
+Contents 12/03/2009
+
+Miami. Florida 33173, telephone date of birth, social security number was advised o he identity of the interviewin aents and Assistant United States Atlome then provided i the FD-395, advice of rights form, and advised of his rights pursuant to the form by agents at approximately 2:30 PM sig the written waiver of rights at approximately 2:31 PM. He then provided the following information.
+
+advised that he had been told by GHISLAINE MAXWELL not to discuss what had occurred at the home of his fo employer, JEFFERY EPSTEIN, approximately 3-4 months after he s fired from his position as house manager in March 2005. further advised that MAXWELL also told him not to contact anyone else about what had occurred at the home expia. that one of his last contacts with anyone in EPSTEIN's organization in 2005 when he contacted asecretary in New York, regarding a letter of reference. In addition explained that after receiving a subpoena in the civil litigation, he
+
+contacted EPSTEIN's secretary approximately ten (10) months ago, in early 2009. After receiving the subpoena and alerting EPSTEIN's organization, was then contacted by attorney JACK GOLDBERGER(phonetic) concerning legal representationadvised that he declined representation by GOLDBERGER. He did not alert the attorney to the existence of the black bound book or handwritten notes that agents seized on November 3, 2009.
+
+was asked about the nature. circumstances. and content of the black bound book and handwritten notes agents seized explained that his first contact with law enforcement regarding the EPSTEIN investigation was with the Palm Beach Police Department and Detective He explained that he had been subpoenaed by the State Attorneys Office and that he turned papers over to several years ago. explained that the black bound book that was seized by agents on November 3,2009 was not among the documents he turned over to the detective. advised that he realized or remembered that he had possession of the black book approximately 5-6 months ago and had first came into possession of it dunn the time he was employed with EPSTEIN between
+
+In describing the handwritten notes on legal pad paper that were also seized,...ladvised that the content or lists were compiled from other hand ;mitten notes that he once had but has since thrown away.....oted that some of the names or contacts on the lists were not contained within the black book. explained that the names of girls on the handy/linen lists came from his personal notes regarding payments he had made to girls during his employment with EPSTEIN. explained that EPSTEIN would instruct him to go to the bank and Withdraw a specified amount of fund or GHISLAINE MAXWELL would then instru as to whom to make payment and in what amount.
+
+further indicated that during the period of his employment, girls would be transported to and from the house in private cars, taxis, and on occasion, he would transport the girls himself. He described the taxis as actual marked commercial vehicles with the cab company having an office or base of operation located near Belvedere Road and U.S. Highway 1 in Palm Beach county. He could not recall the actual name of the taxi company.
+
+explained that there were photographs of naked underage girls arranged in collages in the hallway or stair case of EPSTEIN's home and In EPSTEIN's closet. He reported seeing naked girls he believed to be underage at the pool area of the home. In addition, IIMEDIescribed seeing pornographic images of girls on computers in the house. Regarding the computers in the house, explained that after hurricanes in 2004 or 2005, a computer technician or specialist based in Ohio or having some connection to Ohio came to the home and performed repair or maintenance on the computers.
+
+explained that there appeared to be two distinct groups of girls that would frequent the house. One group would stay overnight in the house, and the second group of girls served as masseuses. IMMlifescribed what he observed after the masse es and what actions he took He and the housekeeper, (ph would dean the area where the massages occurred. This included cleaning massage tables, sex to s, and handcuffs, and disposing of used condoms xplained that the massages often times occurred twice per day. He also noted that (Ph)l.a(ph) would contact girls whose names were listed in the black bound book on behalf of EPSTEIN. advised he receivec the black bound book sometime in 2004 when the books were shipped from New York.
+
+explained that JEAN LUC BRUNEL(ph)would also bring girls to the house and would sometimes arrange for girls to be flown in via commercial and private planes. He also relayed that he had discussed the sexual activity with young girls that he ob use man r of the Paris, France property, also believed JEROME PIERRE, the gardener ae alm Beach county property was aware of the sexual activity that occurred at the house with young girls.
+
+#### Indexing
+
+No Entities to disc ay
+
+### Intelligence
+
+Intelligence Value: No Intelligence Value Potential IIR/SIR? No Sentinel Tags: No Sentinel Tags Selected
+
+Can you identify the No source of this information?
+
+### Routing
+
+Drafted By:
+
+V
+
+# Filing and Security V
+
+Primary Case: 72-MM-113327
+
+Serial Number 18
+
+Serialized: 12/08/2009
+
+Category: Full Investigation
+
+Initiated: 10/28/2009
+
+#### Details
+
+Serial #: 18
+
+From:
+
+Document Title: ARREST RE
+
+Approval Date: 12/8/2009
+
+Classification: SN
+
+Contents 12/15/2009
+
+# Indexing
+
+Case The:
+
+Type: FD302
+
+To: MIAMI
+
+Pursuant to an arrest warrant issued by United States
+
+Magistrate Judge Linnea R. Johnson for Obstruction of Justice, 18
+
+U.S. C 1512 mber 8 2
+
+at st Palm
+
+Beach, Florida s p a under arrest without ind• ent. Agents then transpose -to the Palm Beach County il.
+
+No Entities to display.
+
+# Intelligence
+
+Intelligence Value: No Intelligence Value
+
+Potential lIR/SIR? No
+
+Sentinel Tags: No Sentinel Tags Selected
+
+Can you Identify the No source of this information?
+
+## Routing
+
+
+
+---
+
+Drafted By:
+
+# Filing and Security
+
+Primary Case: 72-MM-113327
+
+Serial Number 19
+
+Serialized: 12/08/2009
+
+Category: Full Investigation
+
+Initiated: 10/28/2009
+
+Case Title:
+
+#### Details
+
+V
+
+Serial #: 19 Type: FD302
+
+From: To: MIAMI
+
+Document Title: PLACED UNDER ARREST AND TRAN PORTED
+
+Approval Date: 12/8/2009
+
+Classification: SN
+
+Contents 12/15/2009
+
+Pursuant to an arrest warrant issued by United States
+
+Magistrate Judge Linnea R. Johnson for Obstruction of Justice, 18
+
+U.S.C. • 1512 mber 8, 2009, rams made cont
+
+at st Palm Beach, Florida placed under arrest without in' ent. Agents then transporte. to the Palm Beach County
+
+# Indexing V
+
+No Entities to display.
+
+# Intelligence V
+
+Intelligence Value: No Intelligence Value
+
+Potential IIFUSIR? No
+
+Sentinel Tags: No Sentinel Tags Selected
+
+Can you identify the No source of this Information?
+
+## Routing
+
+
+
+---
+
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@@ -0,0 +1,91 @@
+To: '
+
+Subject: RE: [EXTERNAL] Fwd: SKY NEWS INTERVIEW REQUEST FOR AUDREY STRAUSS
+
+Date: Thu, 18 Nov 2021 15:08:19 +0000
+
+Sure thing, thanks.
+
+From:
+
+Sent: Thursday, November 18, 2021 10:07 AM
+
+To (USANYS) < >
+
+Subject: Fwd: [EXTERNAL] Fwd: SKY NEWS INTERVIEW REQUEST FOR AUDREY STRAUSS
+
+FYI below. Could you please decline on Audrey's behalf?
+
+Begin forwarded message:
+
+From:
+
+Date: November 18, 2021 at 10:06:29 AM EST
+
+To: Audrey Strauss .r: >
+
+Subject: Re: [EXTERNAL] Fwd: SKY NEWS INTERVIEW REQUEST FOR AUDREY STRAUSS
+
+Of course. Looking forward to seeing you too!
+
+On Nov 18, 2021, at 10:05 AM, Audrey Strauss cz! > wrote:
+
+ould you please pass this along to and ask if he would handle?
+
+omLo ing forward to seeing you tomorrow.
+
+Best,
+
+Audrey
+
+Begin forwarded message:
+
+From: Rusty Wing <
+
+Subject: Fwd: SKY NEWS INTERVIEW REQUEST FOR AUDREY STRAUSS
+
+Date: November IS, 2021 at 8:03:44 AM EST
+
+To: Audrey , [REDACTED]
+
+<[REDACTED]>
+
+**Cc:** [REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED] Jeff Pagliuca <[REDACTED]>, "Laura
+
+Menninger" <[REDACTED]>, "[REDACTED]"
+
+<[REDACTED]>, Patrick Smith <[REDACTED]>
+
+**Subject:** Re: 20cr330, US v. Maxwell - Request for [REDACTED] to be added to ECF as "movant"
+
+**Date:** Fri, 19 Nov 2021 14:45:50 +0000
+
+**Attachments:** 20cr330\_ME\_11.19.21.pdf
+
+Counsel:
+
+Attached please find a memo endorsement issued by Judge Nathan, which will be filed on the public docket.
+
+Sincerely,
+Chambers of the Hon. Alison J. Nathan
+
+**From:** Brian Burns <[REDACTED]>
+
+**Sent:** Thursday, November 18, 2021 6:20 PM
+
+**To:** Nathan NYSD Chambers <[REDACTED]>; [REDACTED]
+
+<[REDACTED]>
+
+**Cc:** [REDACTED]
+
+[REDACTED]
+
+[REDACTED] >; Jeff Pagliuca <[REDACTED]>; Laura Menninger
+
+<[REDACTED]>; [REDACTED] <[REDACTED]>; Patrick Smith
+
+<[REDACTED]>
+
+**Subject:** RE: 20cr330, US v. Maxwell - Request for [REDACTED] to be added to ECF as "movant"
+
+**CAUTION - EXTERNAL:**
+
+Dear Judge Nathan – Attached please find a letter requesting that [REDACTED] be added to ECF as a "movant" in this case so she may file papers on the docket as directed by the Court. We are available should the Court have any questions.
+
+Respectfully submitted,
+
+**Brian T. Burns**
+
+Smith Villazor LLP
+
+[REDACTED]
+
+New York, New York 10019
+
+**Office** [REDACTED] | **Direct** [REDACTED] | **Mobile** [REDACTED]
+
+To: Cc: Brian Burns >\*, Jeff Pagliuca >; Laura Menninger < ; Patrick Smith < Subject: [EXTERNAL EMAIL) Re: 20cr330, US v. Maxwell
+
+Counsel:
+
+Attached please find a corrected memo endorsement. Please disregard the prior email, and please confirm receipt.
+
+Sincerely, Chambers of the Hon. Alison J. Nathan
+
+From: BOBBI C STERNHEIM Sent: Monday, November 15, 2021 8:32 PM To: Nathan NYSD Chambers Cc: Jeff Pagliuca ; Patrick Smith Subject: Re: 20cr330, US v. Maxwell Laura Menninger
+
+## CAUTION - EXTERNAL:
+
+Received. Thank you.
+
+BOBBI C. STERNHEIM, ESQ. Law Offices of Bobbi C. Sternheim 225 Broadway, Suite 715 New York, NY 10007
+
+Main: Cell: Fax:
+
+This message and any attached documents contain information from the Law Offices of Bobbi C Sternheim
+
+that may be confidential and/or privileged.
+
+If you are not the intended recipient, you may not read, copy, distribute, or use this information. If you have received this transmission in error, please notify the sender immediately by reply e-mail and then delete this message. Thank you.
+
+Attached please find a temporarily sealed memo endorsement issued by Judge Nathan.
+
+Please confirm receipt.
+
+Sincerely,
+
+Chambers of the Hon. Alison J. Nathan
+
+From: Brian Burns <1
+
+Sent: Monday, November 15, 2021 7:08 PM
+
+To: Nathan NYSD Chambers
+
+Cc: ; Patrick Smith
+
+Subject: United States v. Maxwell, 20 Cr. 330-AJN - Letter re Rule 17(c) Subpoena to
+
+## CAUTION - EXTERNAL:
+
+Dear Judge Nathan — We represent and respectfully submit the attached letter from Patrick J. Smith by e-mail, pursuant to my call to Chambers this afternoon. We have copied counsel for the government and defense counsel on this email. We are available should the Court have any questions.
+
+Respectfully submitted,
+
+Brian T. Burns
+
+Smith Villazor LLP
+
+New York. New York 10019
+
+Office I Direct Mobile
+
+CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution when opening attachments or clicking on links.
+
+<20cr330 ME 11.15.21.pdf>
+
+CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. attachments or clicking on links. Exercise caution when opening
+
+CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. attachments or clicking on links. Exercise caution when opening
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+**To:** "[REDACTED]" <[REDACTED]>
+
+**Cc:** "Sahni, Anjan"
| | | | | | | | | | |
+| 0209 | 1/20 | 1:46P | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0210 | 1/20 | 1:54P | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0211 | 1/20 | 7:20P | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .700 |
+| 0212 | 1/21 | 5:32A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .700 |
+| 0213 | 1/21 | 6:11A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0214 | 1/21 | 6:18A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .700 |
+| 0215 | 1/21 | 7:46A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0216 | 1/21 | 7:55A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0217 | 1/21 | 8:00A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0218 | 1/21 | 8:49A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0219 | 1/21 | 10:25A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .700 |
+| 0220 | 1/21 | 12:02P | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0221 | 1/21 | 12:28P | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | 1.050 |
+| 0222 | 1/21 | 1:26P | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | 1.750 |
+| 0223 | 1/21 | 4:39P | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0224 | 1/22 | 5:14A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .700 |
+| 0225 | 1/22 | 5:18A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .700 |
+| 0226 | 1/22 | 6:08A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .700 |
+| 0227 | 1/22 | 4:57P | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | .350 |
+| 0228 | 1/23 | 6:39A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | 1.750 |
+| 0229 | 1/23 | 8:51A | 417 | /INCOMNG | LDSWITZERLAN | | | NY | | 1.050 |
+| TOTAL | HOME | AIRTIME | AND | LONG | DISTANCE | CHARGES | | 505 | 42.00 | 37.45 |
+
+CALL CHARACTERISTICS: N • Call Waiting, S • Long F • Call Forwarding "CALLS FROM" KEY: Distance Service Billed Separately,
+
+NM = NEW MEXICO, IN = ROAMING CHARGES INDIANA, NY = NEW YORK
+
+Calls Made From: FRANCE, 0001 1/19 1:33P INTL NTWX 1 .99 .35 0002 1/19 1:48P INTL NTWK 1 .99 .35 0003 1/19 3:10P INTL NTWK 1 .99 .35 0004 1/19 3:16P INTL NTWK 4 3.96 1.40 0005 1/19 3:20P INTL NTWK 1 .99 .35 0006 1/19 3:20P INTL NTWK 1 .99 .35 0007 1/19 3:21P INTL WINK 1 .99 .35 0008 1/19 6:34P INTL NTWX 1 .99 .35 0009 1/19 6:49P INTL NTWK 1 .99 .35 0010 1/19 6:50P INTL NTWK 3 2.97 1.05 0011 1/19 7:14P INTL NTWK 1 .99 .35 0012 1/19 7:35P INTL NTWK 1 .99 .35 Subtotal for FRANCE, 17 16.83 5.95 .00 Calls Made From: SWITZERLAND, 0013 1/20 12:00A CALL SVC 1 .99 0014 1/20 2:42P INTL NTWX 5 4.95 1.75 0015 1/20 2:47P INTL NTWX 1 .99 .35
+
+Tba infornation cont•inand bora to for use by authorised parson only and is not for conoral distribution.
+
+
+
+0016 1/20 3:51P INTL MIRK 1 .99 .35 0017 1/20 3:5SP INTL NTWR 2 1.98 .70 ACCOUNT NAME JEFFREY E EPSTEIN ACCOUNT NUMBER MOBILE NUMBER BILL DATE PAGE 16.0 FEB 14, 2004
+
+| REF DATE | TINE MOSIBER CALLED CALLS TO | MIN | | AIR DISTANCE TAXES |
+|-----------------|------------------------------|-----|-------|--------------------|
+| 0018 1/20 3:57 | INTL NTWK | 2 | 1.98 | .70 |
+| 0019 1/20 3:59 | INTL NTWX | 1 | .99 | .35 |
+| 0020 1/20 4:00 | INTL NTWX | 2 | 1.98 | .70 |
+| 0021 1/20 4:02 | INTL NTWX | 2 | 1.98 | .70 |
+| 0022 1/20 4:0S | INTL NTWK | 1 | .99 | .35 |
+| 0023 1/20 4:07 | INTL NTWK | 3 | 2.97 | 1.05 |
+| 0024 1/20 4:10 | INTL NTWK | 1 | .99 | .35 |
+| 0025 1/20 4:12 | INTL NTWK | 2 | 1.98 | .70 |
+| 0026 1/20 4:14 | INTL NTWX | 2 | 1.98 | .70 |
+| 0027 1/20 4:19 | INTL NTWX | 1 | .99 | .35 |
+| 0028 1/20 4:20 | INTL NTWX | 1 | .99 | .35 |
+| 0029 1/20 4:20 | INTL NTWX | 2 | 1.98 | .70 |
+| 0030 1/20 4:21 | INTL NTWX | 1 | .99 | .35 |
+| 0031 1/20 4:2S | INTL NTWK | 4 | 3.96 | 1.40 |
+| 0032 1/20 4:30 | INTL NTWX | 5 | 4.95 | 1.75 |
+| 0033 1/20 4:41 | INTL NTWX | 1 | .99 | .35 |
+| 0034 1/20 4:41 | INTL NTWX | 1 | .99 | .35 |
+| 0035 1/20 5:12 | INTL NTWX | 1 | .99 | .35 |
+| 0036 1/20 5:14 | INTL NTWX | 1 | .99 | .33 |
+| 0037 1/20 6:42 | INTL NTWX | 2 | 1.98 | .70 |
+| 0038 1/20 6:44 | INTL NTWK | 1 | .99 | .35 |
+| 0039 1/20 6:47 | INTL NTWK | 2 | 1.98 | .70 |
+| 0040 1/20 7:50 | INTL NTWK | 2 | 1.98 | .70 |
+| 0041 1/21 12:0 | INTL NTWK | 1 | .99 | .35 |
+| 0042 1/21 12:0 | INTL NTWX | 2 | 1.98 | .70 |
+| Subtotal for | SWITZERLAND, | 54 | 53.46 | 18.55 .00 |
+| Calls Made Prom | SWITZERLAND, | | | |
+| 0043 1/21 11:21 | INTL NTWK | 1 | .99 | .35 |
+| 0044 1/21 11:27 | INTL NTWK | 2 | 1.98 | .70 |
+| 0045 1/21 12:39 | INTL NTWK | 1 | .99 | .35 |
+| 0046 1/21 1:49P | INTL NTWX | 1 | .99 | .35 |
+| 0047 1/21 1:52P | INTL NTWX | 1 | .99 | .35 |
+| 0048 1/21 2:28P | INTL NTWK | 1 | .99 | .35 |
+| 0049 1/21 2:56P | INTL NTWX | 1 | .99 | .35 |
+| 0050 1/21 2:59P | INTL NTWK | 2 | 1.98 | .70 |
+| 0051 1/21 3:19P | INTL NTWK | 1 | .99 | .35 |
+| 0052 1/21 3:21P | INTL NTWK | 2 | 1.98 | .70 |
+| 0053 1/21 4:05P | INTL NTWK | 1 | .99 | .35 |
+| 0054 1/21 4:58P | INTL NTWX | 1 | .99 | .35 |
+| 0055 1/21 5:53P | INTL NTWX | 1 | .99 | .35 |
+| 0056 1/21 6:40P | INTL NTWX | 2 | 1.98 | .70 |
+| 0057 1/21 6:57P | INTL NTWK | 1 | .99 | .35 |
+| 0058 1/21 6:58P | INTL NTWK | 1 | .99 | .35 |
+| 0059 1/21 6:59P | INTL NTWK | 3 | 2.97 | 1.05 |
+| 0060 1/21 7:02P | INTL NTWK | 1 | .99 | .35 |
+| 0061 1/21 7:04P | INTL NTWK | 1 | .99 | .35 |
+| 0062 1/21 7:05P | INTL NTWX | 20 | 19.80 | 7.00 |
+| 0063 1/21 10:40 | INTL NTWX | 1 | .99 | .35 |
+| 0064 1/21 10:41 | INTL NTWX | 2 | 1.98 | .70 |
+
+
+
+
+
+0065 1/21 10:44 0066 1/22 12:31 0067 1/22 1:11A 0068 1/22 3:59P 0069 1/22 4:01P 0070 1/22 4:34P 0071 1/22 9:07P ACCOUNT NAME JEFFREY E EPSTEIN INTL NTWK INTL NTWX INTL NTWX INTL NTWX INTL NTWX INTL NTWX INTL NTWX 2 1.98 .70 1 .99 .35 4 3.96 1.40 1 .99 .3S 2 1.98 .70 1 .99 .35 1 .99 .35 ACCOUNT NUMBER MOBILE NUMBER BILL DATE PAGE FEB 14, 2004 17.0
+
+REF DATE TIME NUMBER CALLED CALLS TO MIN AIR DISTANCE TAXES
+
+0072 1/22 9:11P INTL NTWX 0073 1/22 9:12P INTL NTWX 0074 1/23 7:22P INTL NTWX Subtotal for : SWITZERLAND, Calla Made From: FRANCE, 0075 1/19 9:50 INTL NTWK 0076 1/20 1:16 INTL NTWK Subtotal for : FRANCE, TOTAL ROAMING CHARGES 1 .99 .35 1 .99 .35 2 1.98 .70 64 63.36 22.40 .00 1 .99 .35 1 .99 .3S 2 1.98 .70 .00 137 135.63 47.60 .00
+
+IF YOU HAVE ANY QUESTIONS CONCERNING YOUR INVOICE OR SERVICE, PLEASE CALL OUR CUSTOMER CARE DEPARTMENT: 1-800-888-7600
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+
+United States Attorney Southern District of New York
+
+The Siltio.1. MoNo Building
+
+New York New York 10007
+
+November 20, 2021
+
+## BY ELECTRONIC MAIL
+
+Christian Everdell, Esq.
+
+Mark Cohen, Esq.
+
+Cohen & Gresser LLP
+
+New York, NY 10022
+
+Laura Menninger, Esq.
+
+Jeffrey Pagliuca, Esq.
+
+Haddon, Mor an and Foreman, P.C.
+
+Denver, CO 80203
+
+Bobbi Stemheim, Esq.
+
+Law Offices of Bobbi C. Stemheim
+
+New York, NY 10007
+
+Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
+
+Dear Counsel:
+
+Today we are producing the materials listed in the below index. These materials are stamped with control numbers SDNY\_GM\_02772262 through SDNY\_GM\_02775031.
+
+Please note that both this letter and the enclosed materials are governed by the July 31, 2020 Protective Order in this case. This letter is itself designated as "confidential," because it includes information regarding records designated as "confidential" under the Protective Order. The Department of Justice directed this office to cease the dissemination of materials marked with the word "confidential" in order to avoid potential confusion with markings reserved for classified documents. Accordingly, in order to note the appropriate designation of this production under the operative Protective Order in this case, the materials being produced today are marked with the following label: "SUBJECT TO PROTECTIVE ORDER PARAGRAPHS 7, 8, 9, 10, 15, and 17." This marking directly refers to the specific paragraphs of the Protective Order that govern today's production.
+
+An index of the materials contained in this production is below:
+
+| Bates Start | Bates End | Summary Description | Confidential Designation |
+|------------------|------------------|---------------------|--------------------------|
+| SDNY GM 02772262 | SDNY GM 02774104 | Records relating to | Confidential |
+| SDNY GM 02774195 | SDNY GM 02775026 | | |
+| | | Service | Confidential |
+| SDNY GM 02775027 | SDNY GM 02775031 | Interlochen records | Confidential |
+
+The Government recognizes that its discovery obligations are ongoing and will promptly produce any additional discoverable material of which it becomes aware. Please do not hesitate to reach out if you have any difficulty accessing these materials.
+
+Very truly yours,
+
+United States Attorney
+
+by: s/
+
+Assistant United States Attorneys
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+From: Janal> \Iendozit
+
+To:
+
+Subject: [EXTERNAL] 20CR330 U.S. V GHISLAINE, MAXWELL
+
+Date: Mon, 22 Nov 2021 15:52:52 +0000
+
+Hi, the FPTC for the above case is scheduled to take place tomorrow for 4 hours beginning at 9:30. Please let me know if you're interested in ordering the transcript so we can assign reporters accordingly. Thank you!
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+Account Number JEFFREY EPSTEIN JPMorgan Chase Bank
+
+
+
+Confidential Page 1 of I
+
+# Asset Account Portfolio
+
+June I - June 30, 2002
+
+## Table of Contents
+
+| | Page |
+|----------------------|------|
+| Portfolio Summary | 2 |
+| Cash and Short Term | 3 |
+| Account Transactions | 4 |
+
+### Account Officers
+
+Service Specialist. MATT RILEY
+
+ow= 0000 oo oxo aro oc0000000 \*root JEFFREY E EPSTEIN C/O FINANCIAL TRUST COMPANY ATTN: JEANNE BRENNAN ST THOMAS VI 00802
+
+**Asset Account Portfolio**
+June 01, 2002 - June 30, 2002
+
+## Portfolio Summary
+
+Except for the Deposit Account (if elected), and the cash in your Asset Account, which are insured deposits with JPMCB, none of the investments referred to in this statement of your Asset Account, including mutual funds, are FDIC insured or bank deposits, obligations of or guaranteed by JPMCB or any of its bank or thrift affiliates (unless otherwise indicated). Such securities and other investments are subject to investment risks, including possible loss of the principal amount invested. See "Important Information about your JPMSI Brokerage Account" at the end of this Asset Account Portfolio.
+
+### Overview
+
+| | Market Value USD
Jun 30 | Market Value USD
May 31 | Tax
Cost USD | Estimated Annual
Income USD | Yield
% |
+|------------------------------|----------------------------|----------------------------|------------------|--------------------------------|------------|
+| Cash & Short Term | 48,909.71 | 48,857.00 | 48,909.71 | 549.74 | 1.1 |
+| Total | 48,909.71 | 48,857.00 | 48,909.71 | 549.74 | 1.1 |
+| Accrued Income | 45.70 | 52.71 | | | |
+| Total Portfolio Value | 48,955.41 | 48,909.71 | | | |
+
+### Asset Allocation
+
+100% Cash and Short Term
+
+
+
+### Income Summary
+
+| | This Period USD | Year to Date USD* |
+|---------------------------|-----------------|-------------------|
+| U.S. Tax Exempt Dividends | 52.71 | 293.34 |
+| Total | 52.71 | 293.34 |
+
+Account Number:
+
+JEFFREY EPSTEIN June 01, 2002 - June 30, 2002
+
+### Asset Account Portfolio Page 3 of
+
+# Cash and Short Term
+
+## Summary by Maturity
+
+| | | |
+|----------------------|----------------------|-------------------------|
+| Current Market Value | Current Market Value | Estimated Annual Income |
+| USD | USD | USD |
+| Cash | 48,909.71 | 549.74 |
+| Total | 48,909.71 | 549.74 |
+
+Current yield is displayed for instruments with no maturity and YTM on market is displayed for instruments that mature.
+
+### Cash and Short Term by Type
+
+| | | Una Cost | | Tax Cost | Current | | Estimated | Current |
+|----------|----------|----------|--------|----------|-----------------------|-------------|------------|---------|
+| | | Rousted | Market | Adjusted | Marker Value USD | Untealaed | Annual | TRW, |
+| Currency | Quantity | Original | Price | anginal | Accrued Interest (ISO | Overton USD | Income USD | VTR % |
+
+### Cash
+
+JP MORGAN TAX FREE MONEY MARKET USD 48,909.71 1.00 1.00 48,909.71 48,909.71 549.74 1.12 PREMIER CLASS SWEEP FUND (92) 45.70 (SWEEP DEADLINE IS 11:30 AM EST) 7-Day Annualised Yield: 1.16%
+
+### Imponanf Information about Phan, and Valuations
+
+Riau some of who're's. paneled by Rene services a otter =UMW .+Fuch -e deem read\* de not guaranteed MR accuracy o r ea teekzerble values
+
+Account Number:
+
+JEFFREY EPSTEIN June 01, 2002 - June 30, 2002
+
+JPMorgan Chase Bank New York, NY 10154-1002
+
+
+
+### Asset Account Portfolio Page 4 of.
+
+# Account Transactions
+
+## Cash Activity Summary
+
+| | Amount this Period USD | Amount Year to Date USD 1 |
+|--------------------------|------------------------|--------------------------------------|
+| Beginning Balance | .00 | |
+| Credits | | |
+| Dividends | 52.71 | 293.34 |
+|
Debits | | |
+| Sweep Account Purchases | - 52.71 | - 293.34 |
+| Ending Balance | .00 | |
+
+'Year to date information is calculated on a calendar year basis.
+
+## Activity by Date
+
+| Settlement | | | |
+|------------|----------|------------------------------------------------------------------------------------------------------|-----------|
+| Dare | Typo | Otently Ofnalprion | Amount VW |
+| Jun 3 | Dividend | JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | |
+| Jun 3 | Purchase | 52.71 JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | - 52.71 |
+
+06 | 2002
+
+JPMorgan Chase Bank
+██████████, New York, NY 10154-1002
+
+
+
+Account Number: ██████████
+JEFFREY EPSTEIN
+
+Asset Account Portfolio
+June 01, 2002 - June 30, 2002
+
+Page 1 of 1
+
+**In Case of Errors or Questions About Your Electronic Transfers.**
+
+Contact your Morgan Team at one of the telephone numbers on the front of this statement or write us at 500 Stanton Christiana Road, 1/OPS, Newark, DE 19713-2107 as soon as you can, if you think your statement is wrong or if you need more information about a transfer on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. (1) Tell us your name and account number. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information. (3) Tell us the dollar amount of the suspected error. If you contact us orally, you must send us your complaint or question in writing within 10 business days in order to preserve your rights. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this (20 days for purchases using your debit card or for international transactions), we will credit your account for the amount you think is in error, so that you will have the use of money during the time it takes us to complete our investigation.
+
+**In case of errors or questions about your statement, including your line of credit.**
+
+If you think that your statement is incorrect or if you need more information about a transaction on your statement including a line of credit transaction, you must write to us on a separate sheet describing the error and send it to: JPMorgan, Private Bank, 500 Stanton Christiana Road, 1/OPS3, Newark, DE 19713-2107. We must hear from you no later than 60 days after the statement on which the error or problem appeared is sent. You can contact your client service specialist but doing so will not preserve your rights.
+
+In your letter, please provide the following information: (1) your name and account number; (2) the dollar amount of the suspected error; and (3) a description of the error and explanation, if you can, why you believe there is an error. If you need more information, you must describe the item you are unsure about.
+
+**The JPMorgan Funds or The JPMorgan Institutional Funds or The American Century Funds**
+
+J.P. Morgan Funds Distributor, Inc. is the distributor of the J.P. Morgan Funds and American Century Investment Services Inc. is the distributor of the American Century Funds. JPMorgan Investment Management Inc. and American Century Investment Management serve as investment advisors to their respective fund families. Shares of the funds are not bank deposits and are not guaranteed by any bank, government entity, or the FDIC. Return and share price will fluctuate and redemption value may be more or less than original cost. While the money market funds seek to maintain a stable net asset value of \$1.00 per share, there is no assurance that they will continue to do so. The estimated annual income and dividend yield figures for mutual funds represent the funds' most recent income dividend annualized.
+
+If you have chosen one of the sweep mutual funds, you are notified that positions in the Prime Money Market Sweep Fund represent holdings in the JPMorgan Prime Money Market Fund; positions in the Federal Money Market Sweep Fund represent holdings in the JPMorgan Federal Money Market Fund; and positions in the Tax Exempt Money Market Sweep Fund represent holdings in the JPMorgan Tax Exempt Money Market Fund.
+
+JPMorgan Private Bank is the marketing name for the private banking business conducted by J.P. Morgan Chase & Co. through its subsidiaries worldwide, including JPMorgan Chase Bank, J.P. Morgan Trust Company, N.A. and J.P. Morgan Securities Inc.
+
+JPMSI is a member of the Securities Investor Protection Corporation (SIPC), a not-for-profit membership corporation funded by broker-dealers registered with the Securities and Exchange Commission. Securities and cash held for a customer account at JPMSI are protected up to an amount of \$50,000,000. The first \$500,000 of protection, which includes up to \$100,000 of protection for cash, is provided by SIPC. The balance of the protection, which includes up to an additional \$900,000 of protection for cash, is provided by a separate Excess Securities Bond issued by Travelers Casualty and Surety Company of America. This SIPC and excess SIPC protection does not protect against losses from fluctuations in the value of the securities. Assets held in custody by JPMCB are not subject to SIPC coverage.
+
+Account Number JEFFREY EPSTEIN JPMorgan Chase Bank New York, NY 10154-1002
+
+
+
+# Asset Account Portfolio
+
+Jul, I - July I, 2002
+
+## Table of Contents
+
+| | Page |
+|----------------------|------|
+| Portfolio Summary | 2 |
+| Cash and Short Term | 3 |
+| Account Transactions | 4 |
+
+### Account Officers
+
+Service Specialist: RILEY/HORNBECKER
+
+0000000000 0000000000~20000000 JEFFREY E EPSTEIN C/O FINANCIAL TRUST COMPANY ATTN: JEANNE BRENNAN ST THOMAS VI 00802
+
+Account Number: [REDACTED]
+JEFFREY EPSTEIN
+
+**Asset Account Portfolio**
+July 01, 2002 - July 31, 2002
+
+## Portfolio Summary
+
+Except for the Deposit Account (if elected), and the cash in your Asset Account, which are insured deposits with JPMCB, none of the investments referred to in this statement of your Asset Account, including mutual funds, are FDIC insured or bank deposits, obligations of or guaranteed by JPMCB or any of its bank or thrift affiliates (unless otherwise indicated). Such securities and other investments are subject to investment risks, including possible loss of the principal amount invested. See "Important Information about your JPMSI Brokerage Account" at the end of this Asset Account Portfolio.
+
+### Overview
+
+| | Market Value USD
Jul 31 | Market Value USD
Jun 30 | Tax
Cost USD | Estimated Annual
Income USD | Yield
% |
+|------------------------------|----------------------------|----------------------------|------------------|--------------------------------|------------|
+| Cash & Short Term | 48,955.41 | 48,909.71 | 48,955.41 | 544.38 | 1.1 |
+| Total | 48,955.41 | 48,909.71 | 48,955.41 | 544.38 | 1.1 |
+| Accrued Income | 43.24 | 45.70 | | | |
+| Total Portfolio Value | 48,998.65 | 48,955.41 | | | |
+
+### Asset Allocation
+
+100% Cash and Short Term
+
+
+
+### Income Summary
+
+| | This Period USD | Year to Date USD* |
+|---------------------------|-----------------|-------------------|
+| U.S. Tax Exempt Dividends | 45.70 | 339.04 |
+| Total | 45.70 | 339.04 |
+
+**Asset Account Portfolio**
+July 01, 2002 - July 31, 2002
+
+## Cash and Short Term
+
+### Summary by Maturity
+
+| | Current Market Value
USD | Estimated Annual Income
USD |
+|--------------|-----------------------------|--------------------------------|
+| Cash | 48,955.41 | 544.38 |
+| Total | 48,955.41 | 544.38 |
+
+Current yield is displayed for instruments with no maturity and YTM on market is displayed for instruments that mature.
+
+### Cash and Short Term by Type
+
+| Description | Currency | Unit Cost
Adjusted
Original | Market
Price | Tax Cost
Adjusted
Original | Current
Market Value USD
Accrued Interest USD | Unrealized
Gain/Loss USD | Estimated
Annual
Income USD | Current
Yield/
YTM % |
+|--------------------------|----------|-----------------------------------|-----------------|----------------------------------|-----------------------------------------------------|-----------------------------|-----------------------------------|----------------------------|
+| Cusip/S&P/Moody's Rating | | | | | | | | |
+
+### Cash
+
+| JP MORGAN TAX FREE MONEY MARKET | USD | 48,955.41 | 1.00 | 1.00 | 48,955.41 | 48,955.41 | | 544.38 | 1.11 |
+|----------------------------------|-----|-----------|------|------|-----------|-----------|--|--------|------|
+| PREMIER CLASS SWEEP FUND (92) | | | | | | 43.24 | | | |
+| (SWEEP DEADLINE IS 11:30 AM EST) | | | | | | | | | |
+| 7-Day Annualized Yield: 1.15% | | | | | | | | | |
+
+*Important information about Pricing and Valuations*
+
+*Prices, some of which are provided by pricing services or other sources which we deem reliable, are not guaranteed for accuracy or as realizable values.*
+
+JPMorgan Chase Bank New York, NY 10154-1002
+
+Account Number: Asset Account Portfolio JEFFREY EPSTEIN July 01, 2002 - July 31, 2002
+
+# Account Transactions
+
+
+
+## Cash Activity Summary
+
+| Beginning Balance Credits | Amount lNS Petted USD .00 | Amount Mar To Dare USD' |
+|---------------------------|---------------------------|-------------------------|
+| Dividends Debits | 45.70 | 339.04 |
+| Sweep Account Purchases | - 45.70 | |
+| Ending Balance | .00 | |
+
+'Year to date information is calculated on a calendar year basis.
+
+## Activity by Date
+
+| Settlement | | | |
+|------------|----------|------------------------------------------------------------------------------------------------------|------------------|
+| Dare | Typo | *ant" Ossalption | Amount USD 45 70 |
+| Jul 1 | Dividend | JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | |
+| Jul 1 | Purchase | 45.70 JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | - 45.70 |
+
+Asset Account Portfolio
+July 01, 2002 - July 31, 2002
+
+Page 1 of 1
+
+**In Case of Errors or Questions About Your Electronic Transfers.**
+
+Contact your Morgan Team at one of the telephone numbers on the front of this statement or write us at 500 Stanton Christiana Road, 1/OPS, Newark, DE 19713-2107 as soon as you can, if you think your statement is wrong or if you need more information about a transfer on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. (1) Tell us your name and account number. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information. (3) Tell us the dollar amount of the suspected error. If you contact us orally, you must send us your complaint or question in writing within 10 business days in order to preserve your rights. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this (20 days for purchases using your debit card or for international transactions), we will credit your account for the amount you think is in error, so that you will have the use of money during the time it takes us to complete our investigation.
+
+**In case of errors or questions about your statement, including your line of credit.**
+
+If you think that your statement is incorrect or if you need more information about a transaction on your statement including a line of credit transaction, you must write to us on a separate sheet describing the error and send it to: JPMorgan, Private Bank, 500 Stanton Christiana Road, 1/OPS3, Newark, DE 19713-2107. We must hear from you no later than 60 days after the statement on which the error or problem appeared is sent. You can contact your client service specialist but doing so will not preserve your rights.
+
+In your letter, please provide the following information: (1) your name and account number; (2) the dollar amount of the suspected error; and (3) a description of the error and explanation, if you can, why you believe there is an error. If you need more information, you must describe the item you are unsure about.
+
+**The JPMorgan Funds or The JPMorgan Institutional Funds or The American Century Funds**
+
+J.P. Morgan Funds Distributor, Inc. is the distributor of the J.P. Morgan Funds and American Century Investment Services Inc. is the distributor of the American Century Funds. JPMorgan Investment Management Inc. and American Century Investment Management serve as investment advisors to their respective fund families. Shares of the funds are not bank deposits and are not guaranteed by any bank, government entity, or the FDIC. Return and share price will fluctuate and redemption value may be more or less than original cost. While the money market funds seek to maintain a stable net asset value of \$1.00 per share, there is no assurance that they will continue to do so. The estimated annual income and dividend yield figures for mutual funds represent the funds' most recent income dividend annualized.
+
+If you have chosen one of the sweep mutual funds, you are notified that positions in the Prime Money Market Sweep Fund represent holdings in the JPMorgan Prime Money Market Fund; positions in the Federal Money Market Sweep Fund represent holdings in the JPMorgan Federal Money Market Fund; and positions in the Tax Exempt Money Market Sweep Fund represent holdings in the JPMorgan Tax Exempt Money Market Fund.
+
+JPMorgan Private Bank is the marketing name for the private banking business conducted by J.P. Morgan Chase & Co. through its subsidiaries worldwide, including JPMorgan Chase Bank, J.P. Morgan Trust Company, N.A. and J.P. Morgan Securities Inc.
+
+JPMSI is a member of the Securities Investor Protection Corporation (SIPC), a not-for-profit membership corporation funded by broker-dealers registered with the Securities and Exchange Commission. Securities and cash held for a customer account at JPMSI are protected up to an amount of \$50,000,000. The first \$500,000 of protection, which includes up to \$100,000 of protection for cash, is provided by SIPC. The balance of the protection, which includes up to an additional \$900,000 of protection for cash, is provided by a separate Excess Securities Bond issued by Travelers Casualty and Surety Company of America. This SIPC and excess SIPC protection does not protect against losses from fluctuations in the value of the securities. Assets held in custody by JPMCB are not subject to SIPC coverage.
+
+Account Number JEFFREY EPSTEIN JPMorgan Chase Bank , New York, NY 10154-1002
+
+
+
+Confidential Page 1 of I
+
+# Asset Account Portfolio
+
+July 1 - July 31, 2002
+
+## Table of Contents
+
+| | Page |
+|----------------------|------|
+| Portfolio Summary | 2 |
+| Cash and Short Term | 3 |
+| Account Transactions | 4 |
+
+### Account Officers
+
+Service Specialist. RILEYIHORNBECKER
+
+OG03000090 00 0090 OCOCOCOCOCOO 000X0 JEFFREY E EPSTEIN CIO FINANCIAL TRUST COMPANY ATTN. JEANNE BRENNAN ST THOMAS VI 00802
+
+Account Number: [REDACTED]
+JEFFREY EPSTEIN
+
+**Asset Account Portfolio**
+July 01, 2002 - July 31, 2002
+
+## Portfolio Summary
+
+Except for the Deposit Account (if elected), and the cash in your Asset Account, which are insured deposits with JPMCB, none of the investments referred to in this statement of your Asset Account, including mutual funds, are FDIC insured or bank deposits, obligations of or guaranteed by JPMCB or any of its bank or thrift affiliates (unless otherwise indicated). Such securities and other investments are subject to investment risks, including possible loss of the principal amount invested. See "Important Information about your JPMSI Brokerage Account" at the end of this Asset Account Portfolio.
+
+---
+
+### Overview
+
+| | Market Value USD
Jul 31 | Market Value USD
Jun 30 | Tax
Cost USD | Estimated Annual
Income USD | Yield
% |
+|------------------------------|----------------------------|----------------------------|------------------|--------------------------------|------------|
+| Cash & Short Term | 48,955.41 | 48,909.71 | 48,955.41 | 544.38 | 1.1 |
+| Total | 48,955.41 | 48,909.71 | 48,955.41 | 544.38 | 1.1 |
+| Accrued Income | 43.24 | 45.70 | | | |
+| Total Portfolio Value | 48,998.65 | 48,955.41 | | | |
+
+---
+
+### Asset Allocation
+
+100% Cash and Short Term
+
+
+
+---
+
+### Income Summary
+
+| | This Period USD | Year to Date USD* |
+|---------------------------|-----------------|-------------------|
+| U.S. Tax Exempt Dividends | 45.70 | 339.04 |
+| Total | 45.70 | 339.04 |
+
+## Cash and Short Term
+
+### Summary by Maturity
+
+| | Current Market Value
USD | Estimated Annual Income
USD |
+|--------------|-----------------------------|--------------------------------|
+| Cash | 48,955.41 | 544.38 |
+| Total | 48,955.41 | 544.38 |
+
+Current yield is displayed for instruments with no maturity and YTM on market is displayed for instruments that mature.
+
+### Cash and Short Term by Type
+
+| Description | Currency | Unit Cost
Adjusted
Original | Market
Price | Tax Cost
Adjusted
Original | Current
Market Value USD
Accrued Interest USD | Unrealized
Gain/Loss USD | Estimated
Annual
Income USD | Current
Yield/
YTM % |
+|--------------------------|----------|-----------------------------------|-----------------|----------------------------------|-----------------------------------------------------|-----------------------------|-----------------------------------|----------------------------|
+| Cusip/S&P/Moody's Rating | | | | | | | | |
+
+### Cash
+
+| JP MORGAN TAX FREE MONEY MARKET | USD | 48,955.41 | 1.00 | 1.00 | 48,955.41 | 48,955.41 | | 544.38 | 1.11 |
+|----------------------------------|-----|-----------|------|------|-----------|-----------|--|--------|------|
+| PREMIER CLASS SWEEP FUND (92) | | | | | | 43.24 | | | |
+| (SWEEP DEADLINE IS 11:30 AM EST) | | | | | | | | | |
+| 7-Day Annualized Yield: 1.15% | | | | | | | | | |
+
+*Important information about Pricing and Valuations*
+
+*Prices, some of which are provided by pricing services or other sources which we deem reliable, are not guaranteed for accuracy or as realizable values.*
+
+JPMorgan Chase Bank New York, NY 10154-1002
+
+Account Number: Asset Account Portfolio JEFFREY EPSTEIN July 01, 2002 - July 31, 2002
+
+# Account Transactions
+
+
+
+## Cash Activity Summary
+
+| Beginning Balance Credits | Amount lNS Petted USD .00 | Amount Mar To Dare USD' |
+|---------------------------|---------------------------|-------------------------|
+| Dividends Debits | 45.70 | 339.04 |
+| Sweep Account Purchases | - 45.70 | |
+| Ending Balance | .00 | |
+
+'Year to date information is calculated on a calendar year basis.
+
+## Activity by Date
+
+| Settlement | | | |
+|------------|----------|------------------------------------------------------------------------------------------------------|------------------|
+| Dare | Typo | *ant" Ossalption | Amount USD 45 70 |
+| Jul 1 | Dividend | JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | |
+| Jul 1 | Purchase | 45.70 JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | - 45.70 |
+
+Asset Account Portfolio
+July 01, 2002 - July 31, 2002
+
+Page 1 of 1
+
+**In Case of Errors or Questions About Your Electronic Transfers.**
+
+Contact your Morgan Team at one of the telephone numbers on the front of this statement or write us at ██████████. Newark, DE 19713-2107 as soon as you can, if you think your statement is wrong or if you need more information about a transfer on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. (1) Tell us your name and account number. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information. (3) Tell us the dollar amount of the suspected error. If you contact us orally, you must send us your complaint or question in writing within 10 business days in order to preserve your rights. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this (20 days for purchases using your debit card or for international transactions), we will credit your account for the amount you think is in error, so that you will have the use of money during the time it takes us to complete our investigation.
+
+**In case of errors or questions about your statement, including your line of credit.**
+
+If you think that your statement is incorrect or if you need more information about a transaction on your statement including a line of credit transaction, you must write to us on a separate sheet describing the error and send it to: JPMorgan, Private Bank, ██████████. Newark, DE 19713-2107. We must hear from you no later than 60 days after the statement on which the error or problem appeared is sent. You can contact your client service specialist but doing so will not preserve your rights.
+
+In your letter, please provide the following information: (1) your name and account number; (2) the dollar amount of the suspected error; and (3) a description of the error and explanation, if you can, why you believe there is an error. If you need more information, you must describe the item you are unsure about.
+
+**The JPMorgan Funds or The JPMorgan Institutional Funds or The American Century Funds**
+
+J.P. Morgan Funds Distributor, Inc. is the distributor of the J.P. Morgan Funds and American Century Investment Services Inc. is the distributor of the American Century Funds. JPMorgan Investment Management Inc. and American Century Investment Management serve as investment advisors to their respective fund families. Shares of the funds are not bank deposits and are not guaranteed by any bank, government entity, or the FDIC. Return and share price will fluctuate and redemption value may be more or less than original cost. While the money market funds seek to maintain a stable net asset value of \$1.00 per share, there is no assurance that they will continue to do so. The estimated annual income and dividend yield figures for mutual funds represent the funds' most recent income dividend annualized.
+
+If you have chosen one of the sweep mutual funds, you are notified that positions in the Prime Money Market Sweep Fund represent holdings in the JPMorgan Prime Money Market Fund; positions in the Federal Money Market Sweep Fund represent holdings in the JPMorgan Federal Money Market Fund; and positions in the Tax Exempt Money Market Sweep Fund represent holdings in the JPMorgan Tax Exempt Money Market Fund.
+
+JPMorgan Private Bank is the marketing name for the private banking business conducted by J.P. Morgan Chase & Co. through its subsidiaries worldwide, including JPMorgan Chase Bank, J.P. Morgan Trust Company, N.A. and J.P. Morgan Securities Inc.
+
+JPMSI is a member of the Securities Investor Protection Corporation (SIPC), a not-for-profit membership corporation funded by broker-dealers registered with the Securities and Exchange Commission. Securities and cash held for a customer account at JPMSI are protected up to an amount of \$50,000,000. The first \$500,000 of protection, which includes up to \$100,000 of protection for cash, is provided by SIPC. The balance of the protection, which includes up to an additional \$900,000 of protection for cash, is provided by a separate Excess Securities Bond issued by Travelers Casualty and Surety Company of America. This SIPC and excess SIPC protection does not protect against losses from fluctuations in the value of the securities. Assets held in custody by JPMCB are not subject to SIPC coverage.
+
+08 JPMorgan Chase Bank
+
+2002 New York, NY 10154-1002
+
+Account Number JEFFREY EPSTEIN
+
+
+
+Confidential Page 1 of 8
+
+# Asset Account Portfolio
+
+August I - August 31, 2002
+
+# Table of Contents
+
+| | Page |
+|----------------------|-------------------------|
+| Portfolio Summary | 2 |
+| Cash and Short Term | 3 |
+| Trade Activity | ██████████ |
+| Account Transactions | 6 |
+
+# Account Officers
+
+Service Specialist: RILEY/HORNBECKER
+
+0000000000 0000000000~20000000 JEFFREY E EPSTEIN C/O FINANCIAL TRUST COMPANY ATTN: JEANNE BRENNAN ST THOMAS VI 00802
+
+**Asset Account Portfolio**
+August 01, 2002 - August 31, 2002
+
+## Portfolio Summary
+
+Except for the Deposit Account (if elected), and the cash in your Asset Account, which are insured deposits with JPMCB, none of the investments referred to in this statement of your Asset Account, including mutual funds, are FDIC insured or bank deposits, obligations of or guaranteed by JPMCB or any of its bank or thrift affiliates (unless otherwise indicated). Such securities and other investments are subject to investment risks, including possible loss of the principal amount invested. See "Important Information about your JPMSI Brokerage Account" at the end of this Asset Account Portfolio.
+
+### Overview
+
+| | Market Value USD
Aug 31 | Market Value USD
Jul 31 | Tax
Cost USD | Estimated Annual
Income USD | Yield
% |
+|------------------------------|----------------------------|----------------------------|----------------------|--------------------------------|------------|
+| Cash & Short Term | 14,816,643.79 | 48,955.41 | 14,816,643.79 | 207,433.01 | 1.4 |
+| Total | 14,816,643.79 | 48,955.41 | 14,816,643.79 | 207,433.01 | 1.4 |
+| Accrued Income | 22,043.45 | 43.24 | | | |
+| Total Portfolio Value | 14,838,687.24 | 48,998.65 | | | |
+
+### Asset Allocation
+
+100% Cash and Short Term
+
+
+
+### Income Summary
+
+| | This Period USD | Year to Date USD* |
+|---------------------------|-----------------|-------------------|
+| U.S. Tax Exempt Dividends | 43.24 | 382.28 |
+| Total | 43.24 | 382.28 |
+
+08 JPMorgan Chase Bank
+
+2002 New York, NY 10154-1002
+
+Account Number:
+
+JEFFREY EPSTEIN August 01, 2002 - August 31, 2002
+
+### Asset Account Portfolio
+
+# Cash and Short Term
+
+
+
+Page 3 of 8
+
+## Summary by Maturity
+
+| | Current Market Value | Estimated Annual Income |
+|--------------------|-----------------------------|--------------------------------|
+| Cash | USD | USD |
+| Less Than 3 Months | 14,816,643.79 | 207,433.01 |
+| Total | 14,816,643.79 | 207,433.01 |
+
+Current yield is displayed for instruments with no maturity and YTM on market is displayed for instruments that mature.
+
+### Cash and Short Term by Type
+
+| Description CusiraSSP Moody's Rating Cash | Currency | Quantity | Linn Cost atA ct Ongrnal | Tax Cost Market Adjusted Price Original | Current Madre( Value USD Accrued Interest USO | Unteakte4 Gam/Loss USO | Estimated Cuntot Annual Wed Income USD % |
+|----------------------------------------------------------------|----------|----------|--------------------------|-----------------------------------------|-----------------------------------------------|------------------------|------------------------------------------|
+| JP MORGAN TAX FREE MONEY MARKET | USD | 0 | 1.00 | 1.00 | 0.00 | N/A | 1.09 |
+| PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | | | | | 7.09 | | |
+| US DOLLAR | USD | 0 | 1.00 | 1.00 | 0.00 | N/A | 1.40 |
+| Total Cash | | | | | 0.00 | | N/A |
+
+**Asset Account Portfolio**
+August 01, 2002 - August 31, 2002
+
+**Cash and Short Term by Type** continued
+
+| Description
Cusip/S&P/Moody's Rating | Currency | Quantity | Unit Cost
Adjusted
Original | Market
Price | Tax Cost
Adjusted
Original | Current
Market Value USD
Accrued Interest USD | Unrealized
Gain/Loss USD | Estimated
Annual
Income USD | Current
Yield/
YTM % |
+|----------------------------------------------------------------------------------|----------|---------------|-----------------------------------|-----------------|----------------------------------|-----------------------------------------------------|-----------------------------|-----------------------------------|----------------------------|
+| Short Term by Maturity | | | | | | | | | |
+| J P MORGAN TAX FREE MONEY MARKET
FUND INSTITUTIONAL SHARE CLASS
(FUND 840) | USD | 14,816,643.79 | 1.00 | 1.00 | 14,816,643.79 | 14,816,643.79
21,086.37 | | 207,433.01 | 1.40 |
+| 7-Day Annualized Yield: 1.32%
██████████ | | | | | | | | | |
+| Total Cash and Short Term | | | | | 14,816,643.79 | 14,816,643.79
22,043.45 | 0.00 | 207,433.01 | 1.40 |
+
+Important Information about Pricing and Valuations
+
+Prices, some of which are provided by pricing services or other sources which we deem reliable, are not guaranteed for accuracy or as realizable values.
+
+**Asset Account Portfolio**
+August 01, 2002 - August 31, 2002
+
+Page **1** of 8
+
+## Trade Activity
+
+### Realized Gain/Loss Summary
+
+| | Amount USD |
+|----------------------|-------------------|
+| Short Term Gain/Loss | 0.00 |
+| Long Term Gain/Loss | 0.00 |
+
+Note: **S** indicates Short Term Realized Gain/Loss
+**L** indicates Long Term Realized Gain/Loss
+
+Capital gains and losses on sales with missing or incomplete tax cost are identified with N/A.
+
+### Trade Activity by Type
+
+| Trade Date | Settlement Date | Type | Description | Currency | Quantity | Price/Unit | Market Cost/Proceeds | Tax Cost | Realized Gain/Loss USD |
+|----------------|-----------------|----------|----------------------------------------------------------------------------|----------|---------------|------------|----------------------|-----------------|------------------------|
+| Settled | | | | | | | | | |
+| Aug 6 | Aug 6 | Purchase | J P MORGAN TAX FREE MONEY MARKET FUND INSTITUTIONAL SHARE CLASS (FUND 840) | USD | 24,816,643.79 | 1.00 | - 24,816,643.79 | | |
+| Aug 28 | Aug 28 | Sale | J P MORGAN TAX FREE MONEY MARKET FUND INSTITUTIONAL SHARE CLASS (FUND 840) | USD | - 10,000,000 | 1.00 | 10,000,000.00 | - 10,000,000.00 | |
+
+08 JPMorgan Chase Bank
+
+2002 New York, NY 10154-1002
+
+Account Number: Asset Account Portfolio JEFFREY EPSTEIN August 01, 2002 - August 31, 2002
+
+# Account Transactions
+
+
+
+Page Got 8
+
+### Cash Activity Summary
+
+| Beginning Balance Credits | Amount UMe Pinot! USD .00 | Amount Year to Date USD' |
+|-------------------------------|---------------------------|--------------------------|
+| Dividends | 43.24 | 382.28 |
+| Sweep Account Sales | 48,998.65 | 48,998.65 |
+| Sales, Matunbes, Redemptions | 10,000,000.00 | 10,000,000.00 |
+| Miscellaneous Receipts Debits | 24,767,645.14 | 24,767,645.14 |
+| Sweep Account Purchases | - 43.24 | - 382.28 |
+| Purchases of Securities | - 24,816,643.79 | - 24,816,643.79 |
+| Miscellaneous Disbursements | - 10,000,000.00 | - 10,000,000.00 |
+| Ending Balance | .00 | |
+
+\*Year to date information is calculated on a calendar year basis.
+
+## Activity by Date
+
+| Settlement | | | | |
+|------------|----------|--------|------------------------------------------------------------------------------------------------------|------------|
+| Date | Type | Dumbly | Deserlption | Amount USD |
+| Aug 1 | Dividend | | JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | |
+| Aug 1 | Purchase | | 43.24 JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | - 43.24 |
+
+08 JPMorgan Chase Bank
+
+2002 New York, NY 10154-1002
+
+Account Number: Asset Account Portfolio
+
+JEFFREY EPSTEIN August 01, 2002 - August 31, 2002
+
+
+
+Page 7 of 8
+
+### Activity by Date
+
+| Sealenteen | | |
+|------------|--------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| One | type | |
+| | | (Joanna, Desatalon Amounr lISD |
+| Aug 5 | Misc. Receipt | FED FUNDS RCVD THRU 24,767,645 14 CITIBANK NEW CASTLE MILLENIUM LP |
+| Aug 6 | Purchase | 24,816,643.79 J P MORGAN TAX FREE MONEY MARKET - 24,816,643.79 FUND INSTITUTIONAL SHARE CLASS (FUND 840) J.P.MORGAN SECURITIES INC AS AGENT TRADE DATE 08/06/02 |
+| Aug 6 | Sale | - 48,998.65 JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) |
+| Aug 28 | Sale | - 10,000,000 J P MORGAN TAX FREE MONEY MARKET 10,000,000 00 FUND INSTITUTIONAL SHARE CLASS (FUND 840) J.P.MORGAN SECURITIES INC AS AGENT TRADE DATE 08/28/02 |
+| Aug 28 | Misc. Disbursement | FUNDS TRANSFERRED FROM BRKRG - 10,000,000 00 |
+| | | AC# (PRN TO |
+| | | BRKRG AC (PRN) LETTER FROM CLIENT |
+
+continued
+
+08 | 2002
+
+JPMorgan Chase Bank
+[REDACTED], New York, NY 10154-1002
+
+
+
+Account Number: [REDACTED]
+JEFFREY EPSTEIN
+
+Asset Account Portfolio
+August 01, 2002 - August 31, 2002
+
+Page 8 of 8
+
+**In Case of Errors or Questions About Your Electronic Transfers.**
+
+Contact your Morgan Team at one of the telephone numbers on the front of this statement or write us at [REDACTED]. Newark, DE 19713-2107 as soon as you can, if you think your statement is wrong or if you need more information about a transfer on the statement. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. (1) Tell us your name and account number. (2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is in error or why you need more information. (3) Tell us the dollar amount of the suspected error. If you contact us orally, you must send us your complaint or question in writing within 10 business days in order to preserve your rights. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this (20 days for purchases using your debit card or for international transactions), we will credit your account for the amount you think is in error, so that you will have the use of money during the time it takes us to complete our investigation.
+
+**In case of errors or questions about your statement, including your line of credit.**
+
+If you think that your statement is incorrect or if you need more information about a transaction on your statement including a line of credit transaction, you must write to us on a separate sheet describing the error and send it to: JPMorgan, Private Bank, [REDACTED]. Newark, DE 19713-2107. We must hear from you no later than 60 days after the statement on which the error or problem appeared is sent. You can contact your client service specialist but doing so will not preserve your rights.
+
+In your letter, please provide the following information: (1) your name and account number; (2) the dollar amount of the suspected error; and (3) a description of the error and explanation, if you can, why you believe there is an error. If you need more information, you must describe the item you are unsure about.
+
+**The JPMorgan Funds or The JPMorgan Institutional Funds or The American Century Funds**
+
+J.P. Morgan Funds Distributor, Inc. is the distributor of the J.P. Morgan Funds and American Century Investment Services Inc. is the distributor of the American Century Funds. JPMorgan Investment Management Inc. and American Century Investment Management serve as investment advisors to their respective fund families. Shares of the funds are not bank deposits and are not guaranteed by any bank, government entity, or the FDIC. Return and share price will fluctuate and redemption value may be more or less than original cost. While the money market funds seek to maintain a stable net asset value of \$1.00 per share, there is no assurance that they will continue to do so. The estimated annual income and dividend yield figures for mutual funds represent the funds' most recent income dividend annualized.
+
+If you have chosen one of the sweep mutual funds, you are notified that positions in the Prime Money Market Sweep Fund represent holdings in the JPMorgan Prime Money Market Fund; positions in the Federal Money Market Sweep Fund represent holdings in the JPMorgan Federal Money Market Fund; and positions in the Tax Exempt Money Market Sweep Fund represent holdings in the JPMorgan Tax Exempt Money Market Fund.
+
+JPMorgan Private Bank is the marketing name for the private banking business conducted by J.P. Morgan Chase & Co. through its subsidiaries worldwide, including JPMorgan Chase Bank, J.P. Morgan Trust Company, N.A. and J.P. Morgan Securities Inc.
+
+JPMSI is a member of the Securities Investor Protection Corporation (SIPC), a not-for-profit membership corporation funded by broker-dealers registered with the Securities and Exchange Commission. Securities and cash held for a customer account at JPMSI are protected up to an amount of \$50,000,000. The first \$500,000 of protection, which includes up to \$100,000 of protection for cash, is provided by SIPC. The balance of the protection, which includes up to an additional \$900,000 of protection for cash, is provided by a separate Excess Securities Bond issued by Travelers Casualty and Surety Company of America. This SIPC and excess SIPC protection does not protect against losses from fluctuations in the value of the securities. Assets held in custody by JPMCB are not subject to SIPC coverage.
+
+2002 New York, NY 10154-1002
+
+Account Number. JEFFREY EPSTEIN
+
+
+
+Confidential Page 1 of 9
+
+# Asset Account Portfolio
+
+September I - September 30, 2002
+
+# Table of Contents
+
+| | Page |
+|----------------------|-------------------------|
+| Portfolio Summary | 2 |
+| Cash and Short Term | 3 |
+| Trade Activity | ██████████ |
+| Account Transactions | 6 |
+
+## Account Officers
+
+Service Specialist RILEY/HORNBECKER
+
+ow= 0000 oo oxo aro oc0000000 \*root JEFFREY E EPSTEIN C/O FINANCIAL TRUST COMPANY ATTN: JEANNE BRENNAN ST THOMAS VI 00802
+
+**Asset Account Portfolio**
+September 01, 2002 - September 30, 2002
+
+## Portfolio Summary
+
+*Except for the Deposit Account (if elected), and the cash in your Asset Account, which are insured deposits with JPMCB, none of the investments referred to in this statement of your Asset Account, including mutual funds, are FDIC insured or bank deposits, obligations of or guaranteed by JPMCB or any of its bank or thrift affiliates (unless otherwise indicated). Such securities and other investments are subject to investment risks, including possible loss of the principal amount invested. See "Important Information about your JPMSI Brokerage Account" at the end of this Asset Account Portfolio.*
+
+### Overview
+
+| | Market Value USD
Sep 30 | Market Value USD
Aug 31 | Tax
Cost USD | Estimated Annual
Income USD | Yield
% |
+|------------------------------|----------------------------|----------------------------|---------------------|--------------------------------|------------|
+| Cash & Short Term | 6,838,687.24 | 14,816,643.79 | 6,838,687.24 | 109,416.12 | 1.6 |
+| Total | 6,838,687.24 | 14,816,643.79 | 6,838,687.24 | 109,416.12 | 1.6 |
+| Accrued Income | 11,992.75 | 22,043.45 | | | |
+| Total Portfolio Value | 6,850,679.99 | 14,838,687.24 | | | |
+
+### Asset Allocation
+
+100% Cash and Short Term
+
+
+
+### Income Summary
+
+| | This Period USD | Year to Date USD* |
+|---------------------------|------------------|-------------------|
+| Taxable Interest | 949.99 | 949.99 |
+| U.S. Tax Exempt Dividends | 21,093.46 | 21,475.74 |
+| Total | 22,043.45 | 22,425.73 |
+
+Account Number.
+
+JEFFREY EPSTEIN September 01, 2002 - September 30, 2002
+
+JPMorgan Chase Bank New York, NY 10154-1002
+
+
+
+### Asset Account Portfolio Page 3 of 9
+
+# Cash and Short Term
+
+## Summary by Maturity
+
+| | Current Starner Value USO | Estimated Annual Income USO |
+|--------------------|---------------------------|-----------------------------|
+| Cash | 957.08 | 12.44 |
+| Less Than 3 Months | 6,837,730.16 | 109,403.68 |
+| Total | 6,838,687.24 | 109,416.12 |
+
+Current yield is displayed for instruments with no maturity and YTM on market is displayed for instruments that mature.
+
+### Cash and Short Term by Type
+
+| Description | Currency | Quantity | Unit Cost | Market | Current | Estimated | Tax Cost | Current | Estimated | YTM % |
+|--------------------------|----------|----------|-----------|----------|----------|----------------------|---------------|------------|-----------|-------|
+| | | | | Adjusted | Adjusted | Market Value USD | Unrealized | Annual | Yield | |
+| Cusip/S&P/Moody's Rating | Currency | Quantity | Original | Price | Original | Accrued Interest USD | Gain/Loss USD | Income USD | YTM % | |
+
+### Cash
+
+JP MORGAN TAX FREE MONEY MARKET USD 957.08 1.00 1.00 957.08 957.08 12.44 1.30 PREMIER CLASS SWEEP FUND (92) 0.83 (SWEEP DEADLINE IS 11:30 AM EST) 7-Day Annualized Yield: 1.27%
+
+### Short Term by Maturity
+
+J P MORGAN TAX FREE MONEY MARKET USD 6,837,730.16 1.00 1.00 6,837,730.16 6,837,730.16 109,403.68 1.60 FUND INSTITUTIONAL SHARE CLASS 11,991.92 (FUND 840) 7-Day Annualized Yield: 1.52%
+
+**Asset Account Portfolio**
+September 01, 2002 - September 30, 2002
+
+**Cash and Short Term by Type** continued
+
+| Description | Currency | Quantity | Unit Cost
Adjusted
Original | Market
Price | Tax Cost
Adjusted
Original | Current
Market Value USD
Accrued Interest USD | Unrealized
Gain/Loss USD | Estimated
Annual
Income USD | Current
Yield/
YTM % |
+|----------------------------------|----------|----------|-----------------------------------|-----------------|----------------------------------|-----------------------------------------------------|-----------------------------|-----------------------------------|----------------------------|
+| Total Cash and Short Term | | | | | 6,838,687.24 | 6,838,687.24 | 0.00 | 109,416.12 | 1.60 |
+| | | | | | | | | | |
+
+Important information about Pricing and Valuations
+
+Prices, some of which are provided by pricing services or other sources which we deem reliable, are not guaranteed for accuracy or as realizable values.
+
+09 JPMorgan Chase Bank
+
+2002 New York, NY 10154-1002
+
+Account Number. Asset Account Portfolio JEFFREY EPSTEIN September 01, 2002 - September 30, 2002
+
+# Trade Activity
+
+
+
+Pagel of 9
+
+## Realized Gain/Loss Summary
+
+Short Term Gain/Loss Long Term Gain/Loss 0.00 0.00
+
+Note: S incicates Short Term Realized Gain/Loss L indicates Long Term Realized Gain/Loss
+
+Capital gains and losses on sales with missing or incomplete tax cost are identified with WA.
+
+Amount USD
+
+## Trade Activity by Type
+
+| Trade | Settlement | | | | | | |
+|---------------|------------|----------------------------------|-------|-------------|------|------------------------|--------------------|
+| Om | MN Typo | CNUMMM | Gunny | Crummy | | PMWWw kfarteCw0Voceeds | Tax Coil GmitossWO |
+| Aug 30 Sep 3 | Purchase | J P MORGAN TAX FREE MONEY MARKET | USD | 21,086.37 | 1.00 | - 21,086.37 | |
+| Sep 10 Sep 10 | Sale | J P MORGAN TAX FREE MONEY MARKET | USD | - 2,000,000 | 1.00 | 2,000,000.00 | - 2,000,000.00 |
+| Sep 16 Sep 16 | Sale | J P MORGAN TAX FREE MONEY MARKET | USD | - 1,000,000 | 1.00 | 1,000,000.00 | - 1,000,000.00 |
+| Sep 18 Sep 18 | Sale | J P MORGAN TAX FREE MONEY MARKET | USD | - 1000,000 | 1.00 | 1000,000.00 | - 1000,000.00 |
+
+Account Number.
+
+JEFFREY EPSTEIN September 01, 2002 - September 30, 2002 Asset Account Portfolio Page Got 9
+
+JPMorgan Chase Bank New York, NY 10154-1002
+
+
+
+# Account Transactions
+
+### Cash Activity Summary
+
+| Beginning Balance Credits Dividends | Amount MS Pena! USD .00 21,093 46 | Amount Year to ate USD' 21.475 74 |
+|-------------------------------------|-----------------------------------|-----------------------------------|
+| Taxable Interest | 949.99 | 949.99 |
+| Sweep Account Sales | | 48,998.65 |
+| Sales, Maturities, Redemptions | 8,000,000.00 | 18,000,000.00 |
+| Miscellaneous Receipts Debits | | 24,767,645.14 |
+| Sweep Account Purchases | - 957.08 | - 1,339.36 |
+| Purchases of Securities | - 21,086.37 | - 24,837,730.16 |
+| Miscellaneous Disbursements | - 8,000,000.00 | - 18,000,000.00 |
+| Ending Balance | .00 | |
+
+\*Year to date information is calculated on a calendar year basis.
+
+### Activity by Date
+
+| Settlement | | | | |
+|------------|----------|---------|------------------------------------------------------------------------------------------------|------------|
+| Date | rano | Ouannty | Damnation | Amount USD |
+| Sep 3 | Dividend | | JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | |
+| Sep 3 | Interest | | AVERAGE COLLECTED BALANCE AS OF 09/01/02 | |
+
+Account Number.
+
+JEFFREY EPSTEIN September 01, 2002 - September 30, 2002
+
+JPMorgan Chase Bank 2002 New York, NY 10154-1002
+
+
+
+### Asset Account Portfolio Page 7 of 9
+
+### Activity by Date
+
+| Sealentenz | | | |
+|------------|--------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------|
+| One | TYPe | | |
+| Sep 3 | Dividend | Gummy DeSCOMM J P MORGAN TAX FREE MONEY MARKET FUND INSTITUTIONAL SHARE CLASS (FUND 840) | Amount VW 21,086 37 |
+| Sep 3 | Purchase | 21,086.37 J P MORGAN TAX FREE MONEY MARKET FUND INSTITUTIONAL SHARE CLASS (FUND 840) INCOME DIVIDEND REINVESTED a \$1.00 J.P.MORGAN SECURITIES INC AS AGENT TRADE DATE 08/30/02 | - 21,086.37 |
+| Sep 3 | Purchase | 957.08 JP MORGAN TAX FREE MONEY MARKET PREMIER CLASS SWEEP FUND (92) (SWEEP DEADLINE IS 11:30 AM EST) | - 957.08 |
+| Sep 10 | Sale | - 2,000,000 J P MORGAN TAX FREE MONEY MARKET FUND INSTITUTIONAL SHARE CLASS (FUND 840) J.P.MORGAN SECURITIES INC AS AGENT a 1.00 TRADE DATE 09/10/02 | 2,000,000 00 |
+| Sep 10 | Misc. Disbursement | TRANSFERRED BY WIRE TO PALM BEACH NATL BK 8 TR CO FAO JEFFREY EPSTEIN LETTER FROM CLIENT | - 2,000,000.00 |
+| Sep 16 | Sale | - 1,000,000 J P MORGAN TAX FREE MONEY MARKET FUND INSTITUTIONAL SHARE CLASS (FUND 840) J.P.MORGAN SECURITIES INC AS AGENT a 1.00 TRADE DATE 09/16/02 | 1,000,000 00 |
+
+continued
+
+Account Number.
+
+JEFFREY EPSTEIN September 01, 2002 - September 30, 2002
+
+JPMorgan Chase Bank
+
+
+
+### Asset Account Portfolio Page Sof 9
+
+### Activity by Date
+
+| Sealenteen | |
+|------------|---------------------------------------------------------------------------------------------------------------------------------------------|
+| One | type |
+| | Gummy Descraalon Amounr USD |
+| Sep 16 | Misc. Disbursement TRANSFERRED BY WIRE TO - 1,000,000 00 PALM BEACH NATI BK 8 TR CO FAO JEFFREY EPSTEIN LETTER FROM CLIENT |
+| Sep 18 | Sale - 5,000,000 J P MORGAN TAX FREE MONEY MARKET 5,000,000 00 FUND INSTITUTIONAL SHARE CLASS (FUND 840) J.P.MORGAN SECURITIES INC AS AGENT |
+| Sep 18 | Misc. Disbursement |
+| | a 1.00 TRADE DATE 09/18/02 TRANSFERRED BY WIRE TO - 5,000,000.00 PALM BEACH NATL BK 8 TR CO FAO GHISLAINE MAXWELL LETTER FROM CLIENT |
+
+continued
\ No newline at end of file
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+To: Nathan NYSD Chambers <
+
+Cc: Jeff Pa liuca Laura Mennin
+
+Subject: [EXTERNAL] U.S. v. Maxwell, Case No. 20 Cr. 330 (AJN) [Maxwell's Resp to Ltr. Moms to Quash EVCP Sub ]
+
+Date: Mon, 22 Nov 2021 18:40:43 +0000
+
+Attachments: 2021.11.22 JSP Letter Response to Motions to Quash.pdf
+
+Inline-Images: image001.jpg
+
+Dear Judge Nathan:
+
+At the request of Jeffrey Pagliuca, please see attached Ms. Maxwell's Response to the Letter Motions to Quash her Rule 17(c) subpoena to the Epstein Victims' Compensation Program.
+
+Pursuant to our established protocol, we are submitting the Response to the Court under temporary seal to allow the government to propose any redactions it deems necessary.
+
+Regards,
+
+Nicole
+
+
+
+Nicole Simmons Haddon, Morgan and Foreman, P.C. 150 East 10th Avenue
+
+Denver, Colorado 80203
+
+PH FX
+
+DIRECT: www.hmflaw.com
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+To: " (USANYS)"
+
+Subject: FW: when does Maxwell's trial start?
+
+Date: Mon, 22 Nov 2021 20:22:35 +0000
+
+Importance: High
+
+Attachments: NYT\_-\_Epstein\_Qs\_FINAL.docx
+
+From USANYS)
+
+Sent: Monday, November 22, 2021 3:20 PM
+
+To: (USANYS) (USANYS) <
+
+Cc: )
+
+Subject: FW: when does Maxwell's trial start?
+
+Importance: High
+
+A little uncertain as to how they felt it'd be okay to give us a two-hour turnaround window on this. But that said, their proposed answers are attached.
+
+From (PAO)
+
+Sent: Monday, November 22, 2021 2:52 PM
+
+(USANYS)
+
+Subject: RE: when does Maxwell's trial start?
+
+Hese
+
+Attached are the proposed answers to the NY Times questions re the documents released in July.
+
+Let me know if any issues/concerns/edits. Their deadline is 5pm today.
+
+And if you want any Qs other than this referred to you guys, let me know.
+
+I need to get back to ODAG before going back to the reporter, so if you can get back to me ASAP that would be a huge help.
+
+Thank youl
+
+Spokesperson, Office of Public Affairs
+
+Department of Justice
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+We also would like to offer BOP a chance to respond to what the documents reveal and any remedial steps that have been taken.
+
+1. Most centrally, the documents paint a picture of mistakes, sloppiness and even incompetence by some BOP employees in their dealings with Epstein -- such as failing to log/monitor/record social calls, delays in getting him requested psych exams and assessments, multiple inaccuracies in Epstein's intake forms and of not responding to directives to provide him with a cellmate on the night he died.
+
+The BOP records show Epstein repeatedly assured one or more jail psychologists that he was not suicidal and had a lot to live for. But the records also show BOP officials later concluded that they did not appreciate as quickly as they could have the risk factors for suicide that Epstein's case presented (for example, after his admission and later after he was denied bail.)
+
+A. Has BOP addressed the problems identified in the BOP records, through policy changes or corrective measures or the training of employees?
+
+The safe, secure, and humane housing of inmates is BOP's highest priority. While we decline to comment specifically as to any inmate, as a general matter, BOP has launched a task force that will address mental health implications of housing individuals alone in a cell, and is committed to improving its suicide prevention program. In addition, BOP is increasing the number of beds available as secure mental health units, which will support moving inmates with serious mental illness out of restrictive housing and into secure treatment programs. BOP is also taking a number of other steps to address mental health issues, including enhancing peer support programs, and continuing to train BOP staff on suicide prevention, risk assessment, and emergency responses.
+
+B. Does BOP have any other comment on Epstein's period in its custody and/or his suicide?
+
+We decline to comment
+
+In addition, we have listed below 9 specific questions that were prompted by references in the documents. (Please see below)
+
+## SPECIFIC QUESTIONS
+
+1. INMATE COMPANIONS: The records show MCC utilized "inmate companions" to observe Mr. Epstein when he was on psychological observation and suicide watch, and to write down what he did or said. Are such "inmate companions" specially trained for this task? And how did they monitor Epstein: watching through a window in his cell door? Entering the cell and sitting with him?
+
+As found in Program Statement 5324.08 "Suicide Prevention Program" here https://www.bop.gov/policv/progstat/5324 008.pdf and BOP Program Statement 531017 "Psychology Services Manual" here httos://www.boD.gov/Dolicy/Drogstat/5310 017.odf the BOP has an extensive suicide prevention program that begins upon an inmate's arrival at each BOP facility, including pretrial facilities. When inmates report suicidal ideation, or are suspected of being at elevated risk of suicide, a suicide risk assessment is completed consistent with the Bureau suicide prevention policy.
+
+While we decline to comment specifically as to any inmate, as a general matter, the BOP utilizes inmate companions consistent with the policy Suicide Prevention Program. In some circumstances, inmate companions monitor inmates on suicide watch and provide peer support. They do not have direct
+
+contact with the inmates they monitor. They are able to observe them and communicate through a window.
+
+2. DISCIPLINARY ACTION REGARDING HIS SUICIDE ATTEMPT: There are suggestions in the records that Mr. Epstein was subjected to a disciplinary process for his attempted suicide. Is that correct? Was he disciplined in any way? If so, why? Did jail officials not believe his attempt was genuine? Is disciplinary action common after a suicide attempt? BOP provided us with a redacted copy of the incident report, which said Epstein was read his rights with regards to the incident. Does that signify that he underwent a disciplinary hearing? There also are references to the incident as "mutilation." Is discipline a common procedure after a suicide attempt?
+
+While we decline to comment specifically as to any inmate, as a general matter, the BOP's inmate discipline program is authorized by 18 U.S.C. 4042(a)(3), and can be found on our public website here https://www.bop.gov/policv/progstat/5270.90 cnl.pdf. The provisions outlined in the BOP's inmate discipline program helps ensure the safety, security, and orderly operation of correctional facilities, and the protection of the public. Under Chapter 3 of the policy, inmates are referred to a mental health professional for examination if it appears that an inmate is mentally ill.
+
+3. BOP produced a record that said the incident report for Jeffrey Epstein's attempted suicide was expunged without explanation. Can you explain what this means or why that was done?
+
+## Option 1. Decline to comment
+
+4. THE MCC STRUCTURE: BOP produced a record that quoted Jeffrey Epstein as asking an inmatecompanion: "Who's the best cook on 11 North?" Was there a kitchen on 11 North in the MCC? Press accounts describe the MCC as 12 stories tall -- is that correct?
+
+MCC New York is a 12-story administrative facility. There is a kitchenette on the 11th floor where inmates are able to prepare and consume items from the commissary.
+
+5. THE SIGN: BOP produced to us one document, labeled "sign", which appears to have been posted somewhere in the jail. We have attached it as a PDF to this email and we would like to know the circumstances of its creation and posting. Was it posted in the jail, where was it put up, and by whom? Do you know who created it and posted it? And do you know the circumstances of the handwritten graffiti on it (the word "mandator( is underlined and there is a question mark after it. The sign refers to "GOD: Does BOP know who, in the context of the sign, GOD refers to?
+
+We cannot speak to the validity or origination of the signage.
+
+6. PHONE CALLS: The BOP records conflict in stating the number of social calls Epstein was known to have made. Some records indicate he made 2 and another suggests he made 3. Does BOP know how many social calls Epstein made? Were any of the social calls monitored or recorded by BOP?
+
+We respectfully decline to comment
+
+7. PHOTOS OF EPSTEIN WHILE ON SUICIDE WATCH - The inmate companion logs provided by BOP reflected that on two occasions, a jail officer took a photo of Epstein at in his cell. Is it common or proper for inmates on suicide watch to be photographed? Did this violate any rule?
+
+While we decline to comment specifically as to any inmate, as a general matter, inmate photography is not prohibited in all instances, but there may be circumstances where photography is needed to document events or actions.
+
+8. CLOSURE OF MCC: Did the irregularities and errors by BOP employees in the lead-up to Epstein's death play any part in the decision to close the MCC earlier this fall? If so, please explain.
+
+The Department of Justice is committed to ensuring that every facility in the federal prison system is not only safe and secure, but also provides people in custody with the resources and programs they need to make a successful return to society after they have served their time. As part of this effort, the Bureau of Prisons has assessed steps necessary to improve conditions at the Metropolitan Correctional Center (MCC) in New York City. In an effort to address the issues at MCC NY as quickly and efficiently as possible, the Department decided to close the MCC, at least temporarily, until those issues have been resolved.
+
+9. PSYCH EVALUATIONS: The records show that when Epstein arrived at the MCC, a BOP employee recommended he be evaluated by the psychology department. That was delayed until the following day. Soon after, on July 8, there was another recommendation that he be evaluated for suicide risk. That assessment was delayed until July 9. Are these delays normal?
+
+While we decline to comment specifically as to any inmate, as a general matter, individuals are commonly referred to Psychology Services upon their arrival. The nature of the referral may affect the timing and steps taken thereafter.
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+| USDC SDNY |
+|----------------------|
+| DOCUMENT |
+| ELECTRONICALLY FILED |
+| DOC #: _____ |
+| DATE FILED: 11/18/21 |
+
+UNITED STATES DISTRICT COURT
+SOUTHERN DISTRICT OF NEW YORK
+
+- - - - - x
+ :
+ UNITED STATES OF AMERICA
+ - v. -
+ GHISLAINE MAXWELL,
+ Defendant.
+ - - - - - x
+
+**+PROPOSED+ ORDER**
+ S2 20 Cr. 330 (AJN)
+
+ALISON J. NATHAN, United States District Judge:
+
+WHEREAS the Court has ordered that certain witnesses will be permitted to testify either using pseudonyms or only using first names (the "Protected Witnesses"). See 11/01/21 Tr. at 11:13-17);
+
+WHEREAS to effectuate that order, it is necessary to prohibit courtroom sketch artists from drawing exact likenesses of the Protected Witnesses;
+
+IT HEREBY IS ORDERED:
+
+1. That courtroom sketch artists - whether in the courtroom or overflow rooms - may not draw exact likenesses of the Protected Witnesses; and
+
+2. For avoidance of doubt, courtroom sketch artists may confer with the Court or counsel for either party to determine whether a witness is a Protected Witness.
+
+SO ORDERED:
+
+Dated: New York, New York
+November 18, 2021
+
+![]()
+
+---
+
+HONORABLE ALISON J. NATHAN
+United States District Judge
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+precluding the term "victim" is both unnecessary and impractical. United States v. Dupigny, 18 CR 528, transcript of October 17, 2019, Docket No. 198 at 50. It is appropriate for the government to use the terms as representative of its litigating position. If the government does this in any way that is atypical or unduly prejudicial, I will revisit.
+
+Defense only cites out-of-circuit or state court decisions for the proposition that those terms are inherently prejudicial and harm the presumption of innocence. Numerous courts of appeal disagree with that argument, particularly when the presentation of evidence and the court's instructions "taken as a whole clarify the government's burden of proving all elements of the crime." United States v. Washburn, 444 F.3d, 1007, 1113 (8th Cir. 2006); see also, Server v. Mizell, 902 F.2d 611, 615, (7th Cir. 1990); United States v. Granbois, 119 F.App'x 35, 38-39 (9th Cir. 2004).
+
+Defendant's lone district court opinion does not tip the balance of this authority. I will, of course, instruct the jury repeatedly that the defendant is presumed innocent and that it is the government's burden and the government's burden alone to prove guilt beyond a reasonable doubt. Those instructions will eliminate any potential prejudice. See again Judge Furman's decision in Dupigny, Docket No. 198 at 49
+
+That matter resolved, I will turn to the government's first motion. This goes to pseudonyms. The government moves
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+pursuant to the Crime Victims Rights Act, 18 USC Section 3771, to permit certain witnesses and certain non-testifying witnesses to be referred to by pseudonyms. And there is also the issue of redacting related exhibits that contain the names or specifically identifying information. Specifically, the government requests that eight individuals be referred to by pseudonyms or their first name.
+
+The defense is already aware of the identities of all of these individuals, and as the government proposes it, the jury will also be aware of the individuals' real identities. The request only implicates how those individuals are referred to in open court.
+
+This is well-tread territory, and I will grant the request for the following reasons:
+
+The burden to justify this type of request, of course, starts with the government. It "must provide a reason for the limitation." United States v. Marcus, which is 2007 WL 330388 at \*1, an Eastern District decision citing United States v. Marti, 421 F.2d 1283 (2d Cir. 1970).
+
+I agree with the government that limiting disclosure here would protect the alleged victims from potential harassment from the media and others, undue embarrassment and other adverse consequences. The Court has an obligation under the Crime Victims Rights Act to take certain measures at trial to protect the dignity and privacy of alleged victims. 18 USC
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+9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Let me give a bit of a string cite here. See, for example, United States v. Kelly, No. 19 CR 286, which is a high publicity trial involving adults testifying about sex abuse as minors, and that's in the Eastern District of New York; United States v. Raniere, No. 18 CR 204, a high-publicity trial involving at least one adult testifying about sex abuse as minor; United States v. Dupigny, No. 18 CR 528, involving sex trafficking, United States v. Kelly, No. 7 CR 374, and that could be found at 2008 WL 5068820, which is an Eastern District case involving an adult testifying about sex abuse as a minor; United States v. Graham, No. 14 CR 500, found at 2015 WL 6161292 (S.D.N.Y., October 2015), that involved adults testifying about sex trafficking as minors; United States v. Gardner, No. 16 CR 20135, found at 2016 WL 5404207, an Eastern District case from 2016 involving adults and adults testifying about sex abuse as a minor, and collecting similar cases.
+
+25
+
+Section 3771(a)(8).
+
+It is quite common for alleged victims, both in cases that have garnered media attention and those involving allegations of sex abuse, to testify or be referred to by pseudonyms or first names. Courts have allowed this whether or not the alleged victims are minors or adults or adults testifying about abuse that allegedly occurred when they were minors.
+
+The practice has been widely permitted because
+
+requiring alleged victims to publicly provide their names could chill their willingness to testify for fear of having their personal histories publicized. Raniere, Docket No. 622 at 32.
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+Given the sensitive and inflammatory nature of the conduct alleged, such publicity may cause further harassment or embarrassment, and other alleged victims of sex crimes may be deterred from coming forward. See, Martinez, 17 CR 281, (E.D.N.Y. 2017), Docket No. 34.
+
+Limiting the disclosure of alleged victims' identities in this case furthers these important interests. The same is true with the identities of certain witnesses, although not alleged victims themselves, because the disclosure of their identities would necessarily reveal the identities of the alleged victims.
+
+I'm not persuaded by defense counsel's arguments to the contrary. First, the defense notes that Ms. Maxwell does not pose a threat to any of the witnesses. That is plainly true, and the government does not argue or suggest or allege otherwise, but just because that reason for limiting disclosures is absent in this case does not eliminate the possibility of other justifications. And again, there is a need here to prevent undue embarrassment, harassment from the press and third parties, and any resistance of others to come forward and report alleged abuse. Cases establish that this is sufficient
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+Moreover, any potential prejudice in this regard can be cured with an appropriate instruction explaining that the reason for the precaution is regard for the witnesses' and alleged victims' privacy, and that no inference can or should be drawn against the defendant because of these precautions
+
+My colleagues in this district and elsewhere have used such an instruction in similar cases. The defense's concern that this sort of instruction affords "Court-sanctioned sympathy and credibility" is unfounded. My instructions on the law will clearly and repeatedly instruct the jury on the presumption of innocence and their sole role in assessing witness credibility
+
+Nor am I persuaded by the defense's arguments that the fact that some alleged victims have previously publicly disclosed some of their allegations obviates the need to limit disclosure. As another district court has held, "just because some victims' names are publicly available does not mean that the details of their experience are already available." Raniere, Docket No. 662 at 34, n. 17
+
+As I acknowledged in my protective order for this case, "Not all accusations and public statements are equal. Deciding to participate in or contribute to a criminal investigation or prosecution is a far different matter than simply making a public statement relating to Ms. Maxwell or Jeffrey Epstein." Docket No. 37 in this case at 2.
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+The government anticipates that the alleged victims will "testify in explicit detail and/or be the subject of highly sensitive and personal testimony concerning illegal sexual abuse. Thus, there's good reasons to limit public disclosure of their names and specifically identifying information during trial in this highly publicized case involving highly sensitive issues."
+
+Since there is a valid reason to limit disclosure in this case, the defense must proffer a particularized need for the disclosure of the relevant information, which is weighed against the risks to the witnesses. I'll cite here, for example, United States v. Marcus, again citing the Second Circuit case in United States v. Marti.
+
+As both parties acknowledge, the government's request potentially implicates the defendant's right under the Sixth Amendment's confrontation clause which guarantees defendants the right to cross-examine adverse witnesses. The Second Circuit has identified two central interests defendants have in the public airing of identifying information about witnesses. Again referencing the Marti case, 421 F.2d 1263.
+
+The first is not relevant here because, as I have noted, the defense is aware of the alleged victims' and witnesses' identities.
+
+The defendant argues that the second interest, however, is implicated. Namely, defense may need the witness
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+to reveal identifying information because knowledge of that information by the jury might be important to its deliberations as to the witness's credibility or knowledgability. That's quoting the Marti case again. In particular, the defense argues that revealing the alleged victims' and witnesses' identities is necessary to probe the nature of the alleged victims' occupations as relevant to the credibility and elicit certain impeachment evidence.
+
+I agree that such cross-examination cannot be unduly limited and the government concedes the same. The government's motions in limine 15, n. 6; government reply at 17 to 18. And I will ensure that it is not.
+
+My decision today grants the government's request to limit the public disclosure of the alleged victims and some witnesses' names and other specifically identifying information, such as the specific names of current and past employers, names of family members and addresses.
+
+Limiting disclosure of the specifically identifying information does not limit the anticipated cross-examination that the defense described in its papers. All lines of inquiry the defense outlined in its response are available without disclosing specific names of employers or other specifically identifying information. For example, the defense can probe the genre, nature, and trajectories of witnesses' careers without eliciting the specific employer name, but the defense's
+
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+cross-examination should not include specifically identifying information, and counsel must act responsibly doing so. If, after good faith effort in that regard is made and the defense at some point feels they have hit a wall and can articulate a specific need with respect to a particular line of questioning, they can reraise the issue with opposing counsel and with me.
+
+So that's my ruling on that motion. That said, I do strongly encourage the government to speak candidly with the anticipated witnesses so that they're clear eyed about what this process will entail, the fact that cross-examination will not be curtailed beyond the specific identifying information that form the basis of the government's request, and the possibility that despite these measures their identities may become known and revealed to the public.
+
+Should any of those witnesses or the government choose not to proceed by pseudonym, the government shall let defense counsel and the Court know. In the meantime, the government and defense counsel shall confer about names that will be used and any additional process for facilitating the clear presentation of evidence. The Court will adopt a clear and straightforward approach and the parties are admonished to come to agreement on the use of pseudonyms and/or first names.
+
+First assignment, there will be others, by November 10 the parties shall submit a joint letter to the Court under seal explaining the nomenclature that they propose be employed with
+
+4 5 6 7 As I mentioned, I do agree with the government that limiting instruction explaining the reasons for the precautions is appropriate. In light of my ruling, I expect the parties to confer and jointly propose such a limiting instruction. Homework No. 2. This shall also be filed jointly by November 10, and that can be filed on ECF.
+
+8 9 10 11 12 13 14 There are some logistics of voir dire related to this. Some of my colleagues have used the list method that the government proposes on page 15, footnote 5 of their motion, and I agree that this proposal makes sense. Once again, the parties shall confer and submit on ECF by November 10 a joint proposal for any logistical issues related to this for voir dire.
+
+15 16 17 18 19 20 21 22 23 That leaves the issue of sealing unredacted exhibits and the limited redacting of exhibits containing specific personal identifying information. The government shall manage the logistics of this process throughout trial. So think through and include in your November 10 submission on ECF the specifics of this part of the process so that the trial exhibits can be contemporaneously marked with the appropriate limited redactions, and the government will need to manage this on an ongoing basis throughout trial.
+
+24 25 Government's motion 2, the alleged victims' prior consistent statements. So this goes to the admissibility of
+
+respect to the actual identity of each witness.
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+
+
+United States Attorney Southern District of New York
+
+### BY EMAIL
+
+
+
+The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse
+
+November 10, 2021
+
+The parties are ORDERED to submit the lists referenced in this letter on or before November 14, 2021, in accordance with Dkt. No. 427. The parties may continue submitting proposed redactions in accordance with the procedures this Court has previously set. SO ORDERED.
+
+Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (MN)
+
+Dear Judge Nathan:
+
+At the November 1, 2021 pretrial conference, the Court directed the parties to file a joint letter regarding protections for witness identities at trial. In particular, the Court directed the parties to: (I) provide nomenclature for witnesses whose identities should be protected, (2) propose procedures for voir dire related to witness identities, (3) submit a proposed instruction to the jury regarding witnesses testifying under pseudonyms or under their first name only, and (4) address the logistics of offering sealed or redacted exhibits containing personal identifying information. Below are the positions of the parties regarding these logistical considerations. Because this letter contains identifying information relating to victims, the Government respectfully requests that the Court accept the Government's proposed redactions to this letter.
+
+## Government position:
+
+## I. Nomenclature
+
+With respect to nomenclature for witnesses whose identities should be protected at trial, the Government respectfully submits the following chart, which provides the true names of witnesses and the proposed nomenclature for those witnesses at trial.
+
+AI 11/11/21
+
+
+
+The Government submits that this nomenclature can be used when trial begins on November 29, 2021, but that the parties should be directed to continue referencing victims and witnesses on the public record according to the nomenclature in the Superseding Indictment. The Government further requests that the defense be directed to redact the true names of the witnesses in this chart from all exhibits to filings, and to avoid using the true names of victims in filings with the Court. Using the true names of victims delays public filings and creates otherwise unnecessary redaction projects that waste the Government and the Court's time. Moreover, using victim names in filings increases the risk that victim identities may become public, due to redaction errors or other issues.
+
+# II. Voir Dire
+
+Regarding voir dire, the Government proposes that prospective jurors be handed a sheet with a list of names and places that may come up at trial. That sheet, which would be filed under seal. would contain the true names of witnesses. The sheet would not be read aloud; instead, the
+
+Government requests that the Court direct prospective jurors to read the sheet and to raise a hand if they are familiar with the witnesses or locations. Examination of jurors on this subject would then be conducted at sidebar, with the transcript redacted to remove witness identifying information.
+
+[REDACTED]
+
+**III. Limiting Instruction**
+
+The Government requests that the Court give the jury an instruction that is similar to the instruction Judge Garaufis gave the jury in *United States v. Raniere*, 18 Cr. 204 (E.D.N.Y.). In that case, Judge Garaufis instructed the jury:
+
+You may have noticed during yesterday's testimony that the witness used first names of certain individuals. That is because the names of certain alleged victims are being withheld from the public and the press to protect the privacy of those individuals. I have therefore instructed the parties to refer to those individuals by their first names only; however, those full names are known to the Government, the defendant, and to the Court.
+
+An excerpt of the relevant transcript is enclosed as Exhibit A. Here, the Government proposes that the Court instruct the jury:
+
+At this trial, certain witnesses will be testifying under their first name only. Other witnesses will be testifying under pseudonyms – that is, under different names. That is because the names of certain alleged victims and related witnesses are being withheld from the public and the press to protect the privacy of those individuals. I have therefore instructed the parties to refer to those individuals by their first names only, or in some instances, by using a pseudonym. However, the full names of the witnesses are known to the Government, the defendant, and to the Court.
+
+prejudice to the defendant, as the instruction makes clear to the jury that the identities of the witnesses are being protected from the public and press only, and that the true names of the witnesses are known to the Government, the Court, and the defendant.
+
+# IV. Sealed and Redacted Exhibits
+
+The Government anticipates offering certain exhibits entirely under seal or with redactions to protect the personal identifying information of witnesses and third parties. With respect to logistics, the Government would propose submitting redacted versions of exhibits — along with an index noting which of the Government exhibits will be offered under seal — no later than November 29, 2021. To the extent the defense takes issue with the sealing requests or the proposed redactions, the Court may rule on those exhibits on case-by-case basis during the trial.
+
+The Government has considered how best to publish sealed exhibits to the jury while protecting the identities of witnesses and the privacy of third parties. On that score, the Government is mindful that exhibits published in electronic format on screens in the courtroom may be seen by the public, since the screens at counsel table — and potentially the jury box— are visible to the public from certain angles. For this reason, the Government requests permission to provide jurors with individual binders containing sealed exhibits. The Government expects that jurors will follow the Court's instruction to only view items in the binder when the Court instructs jurors to do so.
+
+**Defense position:**
+
+In light of the Court's ruling on the government's motion in limine, the defense will accept the government's proposed nomenclature for the witnesses referenced above. The defense has no objection to the procedures proposed by the government for voir dire and for sealing and redacting exhibits on the understanding that the defense will have the opportunity to object to particular sealing and redaction requests. The defense also proposes the following limiting instruction in place of the government's proposed instruction:
+
+This case has received, and will continue to receive, significant attention in the media. To minimize the inconvenience and potential harassment of any witness, the Court has permitted witnesses, if they choose, to be referred to by either their first name or a pseudonym. However, the full names of the witnesses are known to the Government, the defendant, and to the Court, and were shown to you during jury selection. This process should not bear in any way on your evaluation of the evidence in this case.
+
+Respectfully submitted,
+
+[REDACTED]
+
+United States Attorney
+
+By: s/
+
+[REDACTED]
+
+Assistant United States Attorneys
+Southern District of New York
+
+Cc: Defense Counsel (By email)
+
+1 2 3 4 5 6 the aspects of the motion we filed, and I think it's a lot for the Court to have to deal with, quite frankly, and I know the Court is going to try and do the best it can with the situation, but I don't think it's tenable and -- I don't ask for mistrials easily, I have probably asked for four in my entire career, I don't see a way out of this problem.
+
+7 (Pause.)
+
+8 9 10 11 12 13 14 15 16 17 18 19 THE COURT: All right, I'm going to deny the defendant's motion for a mistrial. Any issues caused by a witness referring to certain individuals by their first name only and by asking the Government if they may use last names of certain other individuals can be cured by a jury instruction, which I will give. Going forward, the Government shall provide the defendant and each witness, including the current witness, with a list of the individuals whose identity should be protected from the public and the press, that way each witness can refer to the list rather than asking the Government whether a particular individual's identity is protected.
+
+20 You don't have a proposed jury instruction.
+
+21 MS. PENZA: Not yet, Your Honor.
+
+22 THE COURT: I have one.
+
+23 24 25 To the jurors: You may have noticed during yesterday's testimony that the witness used first names of certain individuals. That is because the names of certain
+
+# Proceedings 245
+
+1 2 3 4 5 alleged victims are being withheld from the public and the press to protect the privacy of those individuals. I have therefore instructed the parties to refer to those individuals by their first names only; however, those full names are known to the Government, the defendant, and to the Court.
+
+6 7 8 9 10 You may also have noticed that the witness was asking the Government whether she should say the last names of certain individuals. Going forward, the witnesses will receive a list of the individuals whose last names are to be protected to which they may refer while testifying.
+
+11 Anything else you want me to put in there?
+
+12 MS. PENZA: Not from the Government Your Honor.
+
+13 THE COURT: You object?
+
+14 MR. AGNIFILO: I do, Judge.
+
+15 THE COURT: Your objection is noted.
+
+16 17 18 Also, I'm going to direct that the parties shall not make any speaking objections. If the basis for an objection is not apparent, the parties may request a sidebar.
+
+19 MR. AGNIFILO: Very good. Thank you, Judge.
+
+20 THE COURT: Okay, what else?
+
+21 22 23 MS. PENZA: Nothing else from the Government, but we would just ask for five minutes to make sure that the list is correct for the current witness.
+
+24 25 THE COURT: All right, we'll take a five-minute break.
+
+# Proceedings 246
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+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America,
+
+—v—
+
+Ghislaine Maxwell,
+
+Defendant.
+
+
+
+20-CR-330 (AJN)
+
+ORDER
+
+ALISON J. NATHAN, District Judge:
+
+On November I, 2021, the Defense noticed eight expert witnesses. Dkt. No. 418-1. On November 15, 2021, the Government filed a motion to preclude the testimony of six of the experts. See id. The Defense filed a response on November 19, 2021, and the Government filed a motion for leave to file a reply on November 22, 2021.1 The moving papers have been filed temporarily under seal to permit the parties the opportunity to propose sealing or limited redactions in accordance with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006).
+
+In two Memorandum Opinions and Orders temporarily filed under seal, the Court GRANTS the Government's motion to preclude as to Dr. Ryan Hall's testimony and GRANTS the Government's motion to preclude as to Bennett Gershman's testimony.
+
+The Court will send the temporarily sealed Memorandum Opinions and Orders to the parties. By November 24, 2021, the parties are ORDERED to inform the Court whether either seeks sealing or limited redactions of the Memorandum Opinions and Orders, justifying any such request by reference to the three-part test articulated by the Second Circuit in Lugosch v.
+
+The Court denies the Government's request to file a reply because the Government's motion to preclude and the Defendant's response are sufficient for this Court to rule on the motion.
+
+*Pyramid Co. of Onondaga*, 435 F.3d 110 (2d Cir. 2006). In addition, by that date, the parties are FURTHER ORDERED to file any proposed redactions to the moving papers and/or supporting exhibits on the public docket, again justifying any such request by reference to the *Lugosch* test.
+
+SO ORDERED.
+
+Dated: November 22, 2021
+New York, New York
+
+![]()
+
+---
+
+ALISON J. NATHAN
+United States District Judge
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+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America,
+
+—v—
+
+Ghislaine Maxwell,
+
+Defendant.
+
+
+
+20-CR-330 (AJN) MEMORANDUM OPINION & ORDER
+
+ALISON J. NATHAN, District Judge:
+
+The Defense on November 1, 2021, noticed eight expert witnesses. Def. Br., Ex. 1 ("Notice"). Two of those experts, Dr. Park Dietz and Dr. Elizabeth Loftus, are expected to offer opinions that rebut opinions of the Government's expert witness, Dr. Lisa Rocchio. The Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr. Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion.
+
+On November 15, 2021, the Government moved to fully or partially preclude the testimony of the remaining six experts. The Defense filed a response on November 19, 2021.
+
+The Court addresses the motion to preclude Dr. Hall in this separate opinion. It will address the other five experts in public rulings.
+
+### I. Legal standard
+
+Federal Rule of Evidence 702 governs the admissibility of expert testimony. That rule states:
+
+A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
+
+- (a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
+- (b) the testimony is based on sufficient facts or data;
+- (c) the testimony is the product of reliable principles and methods; and
+- (d) the expert has reliably applied the principles and methods to the facts of the case.
+
+The Court exercises a "gatekeeper function" in assessing the admissibility of expert testimony. Restivo v. Hessemann, 846 F.3d 547, 575 (2d Cir. 2017). To determine whether an expert's method is reliable, the Court considers the non-exhaustive list provided by the Supreme Court in Dauber!, including whether the expert's method has been tested, whether it has been subjected to peer review, the rate of error, standards controlling the method's operation, and whether the method is accepted by the expert community. United States v. Kidd, 385 F. Supp. 3d 259, 263 (S.D.N.Y. 2019) (citing Dauber! v. Merrell Dow Pharms., Inc., 509 U.S. 579, 593-94 (1993)).
+
+But Rule 702 ultimately sets a "liberal" and "permissive" standard of admissibility. Nimely v. City of New York, 414 F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert admissible under Daubert need rely on a method that conforms with "the exactness of hard science methodologies." E.E.O.C. v. Bloomberg L.P., No. 07-CV-8383 (LAP), 2010 WL 3466370, at \*13-14 (S.D.N.Y. Aug. 31, 2010) (quoting United States v. Simmons, 470 F.3d 1115, 1123 (5th Cir. 2006)).
+
+Additionally, the procedure for disclosing expert witnesses is governed by Federal Rule of Criminal Procedure 16. That rule states that when the Government makes a request, the Defense "must ... give to the government a written summary of any testimony that the defendant intends to use under Rules 702... . This summary must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications." Fed. R.
+
+Crim. P. 16(b)(1)(C). The purpose of this rule is to "minimize surprise that often results from unexpected expert testimony, reduce the need for continuances, and to provide the opponent with a fair opportunity to test the merit of the expert's testimony through focused cross-examination." Fed. R. Civ. P. 16(b)(1)(C) advisory committee's note to 1993 amendment. Thus, to satisfy Rule 16, a notice must not merely describe the "general topics" on which experts will testify but actually "summarize the experts' opinions about those topics" and "describe the bases for the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017) (emphasis added); United States v. Valle, No. 12-CR-847 (PGG), 2013 WL 440687, at \*5 (S.D.N.Y. Feb. 2, 2013) ("Merely identifying the general topics about which the expert will testify is insufficient; rather, the summary must reveal the expert's actual opinions.").
+
+If the Defense's disclosure of an expert witness does not satisfy Rule 16, the Court has "broad discretion" to fashion an appropriate remedy. Ulbricht, 858 F.3d at 115. That discretion is guided by factors including "why disclosure was not made, the extent of the prejudice, if any, to the opposing party, the feasibility of rectifying that prejudice by a continuance, and any other relevant circumstances." Id. (quoting United States v. Lee, 834 F.3d 145, 159 (2d Cir. 2016)). When a disclosure merely lists general topics on which the expert might testify, the Second Circuit has several times held that the district court has discretion to exclude the expert entirely. See id. at 118; United States v. Vaccarelli, No. 20-3768-CR, 2021 WL 4805218, at \*2 (2d Cir. Oct. 15, 2021).
+
+# II. Discussion
+
+As a preliminary matter, the Defense argues that the Government's motion is "premature" because the Government's arguments are about the relevance and prejudice of the witnesses' testimony, not their qualifications or the reliability of their methods under Rule 702. Def. Br. at 1,5-6. But one aspect of the Rule 702 and Daubert inquiry is "fit," which asks "whether expert testimony proffered in the case is sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute." Alto v. Sun Pharm. Indus., Inc., No. 1:19-CV-09758 (GHW), 2021 WL 4803582, at \*3 (S.D.N.Y. Oct. 13, 2021) (quoting Daubert, 509 U.S. at 591). Fit is satisfied if the expert's opinion would assist the jury's decision on a relevant question of fact without "usurp[ing] either the role of the trial judge in instructing the jury as to the applicable law or the role of the jury in applying that law to the facts before it." Id. (quoting United States v. Duncan, 42 F.3d 97,101 (2d Cir. 1994)). The Court finds that at least some of the Government's arguments that go to fit are ripe for preliminary resolution now. Other aspects of the Government's motion can be resolved only with additional information and the context of trial.
+
+## A. The Court will preclude the expert testimony of Dr. Ryan Hall
+
+The Government moves to preclude the expert testimony of Dr. Ryan Hall. Dr. Hall was retained by Jeffrey Epstein to evaluate Alleged Victim 4, which Dr. Hall did in 2009, in connection with Alleged Victim 4's civil suit against Epstein. Epstein admitted liability for sexually abusing Alleged Victim 4 and the dispute was about the extent of damages only. Dr. Hall issued a report in 2009 that summarized his interview with Alleged Victim 4 and came to several conclusions about her mental health. The Defense anticipates that Dr. Hall will testify as to approximately four opinions. First, "[h]e will offer the opinions and diagnoses contained in his report." Notice at 12. Second, he will testify on "the bases for those opinions[ and the significance of the diagnoses and opinions." Id. Third, "[h]e will testify about the facts and circumstances surrounding the evaluation" and "disclosures made [Alleged Victim 4]." Id. And fourth, he will testify to "the fact that [Alleged Victim 4] did not identify Ms. Maxwell as a perpetrator of any abuse." Id.
+
+The Government argues, and the Court agrees, that the first two opinions based on Dr. Hall's training and experience as a psychiatrist and so are expert opinions subject to Rule 702. The latter two opinions are not expert opinions but instead testimony of fact that may or may not be admissible under other rules of evidence.
+
+The Court will address the expert opinions first. The Government argues that Dr. Hall's testimony on psychological diagnoses is irrelevant and prejudicial under Rules 401 and 403. The Second Circuit has set out controlling case law to guide the Court's decision:
+
+Evidence of a witness's psychological history may be admissible when it goes to her credibility. In assessing the probative value of such evidence, the court should consider such factors as the nature of the psychological problem, the temporal recency or remoteness of the history, and whether the witness suffered from the problem at the time of the events to which she is to testify, so that it may have affected her ability to perceive or to recall events or to testify accurately.
+
+United States v. Sasso, 59 F.3d 341,347-48 (2d Cir. 1995) (cleaned up); see also United States v. Hamlett, No. 19-3069,2021 WL 5105861, at \*2 (2d Cir. Nov. 3,2021); United States v. Vitale, 459 F.3d 190, 196 (2d Cir. 2006).
+
+Even if psychological history is probative according to these factors, the Court still retains discretion to exclude the evidence if it is substantially prejudicial under Rule 403. Sasso, 59 F.3d at 347-48.
+
+Dr. Hall's report lists the following diagnoses: narcissistic personality disorder, borderline personality disorder, oppositional defiant disorder, depression, bulimia, and polysubstance abuse and dependence. Gov't Br., Ex. B ("Report") at 93-98,104-06. The report also considers, but apparently rejects, diagnoses for bipolar disorder, anxiety disorder, and posttraumatic stress disorder. Id. at 93-94. But see id. at 107 (listing bipolar disorder). Dr. Hall concluded that Epstein's conduct was responsible for "0-5%" of Alleged Victim 4's "total psychiatric picture." Id. at 108.
+
+The Court will preclude Dr. Hall's testimony on these psychological diagnoses.
+
+Applying the considerations in Sasso, the diagnoses have little probative value. First, the report is now over 12 years old. Courts in this circuit regularly find that diagnoses more than 10 years old lack probative value. E.g., United States v. Bari, 750 F.2d 1169, 1179 (2d Cir. 1984) (finding that more than 10 years is too remote); United States v. Glover, 588 F.2d 876, 878 (2d Cir. 1978) (per curiam) (12 years too remote); United States v. Dupree, 833 F. Supp. 2d 255, 264 (E.D.N.Y. 2011), vacated and remanded on other grounds, 706 F.3d 131 (2d Cir. 2013) (13 years too remote); United States v. Paredes, No. 99-CR-290 (PKL), 2001 WL 1478810, at \*1 (S.D.N.Y. Nov. 20, 2001) ("A psychological condition from ten years earlier, however, is likely to be irrelevant."). The diagnoses are therefore too remote to bear on Alleged Victim 4's credibility as a witness at trial.
+
+Second, the nature of the conditions and their effect on memory or perception at the time of the events in question do not favor admission. Dr. Hall's report does not delineate clearly which conditions existed at the time of Epstein's abuse, but it appears that at least the oppositional defiant disorder, depression, and substance abuse predate the conduct alleged in the Indictment. Report at 104-05. But at no point in his report does Dr. Hall suggest that these conditions—or any other diagnosed conditions—may have affected Alleged Victim 4's perception of events or her recollection of those events. Like in Sasso, "there was no indication that [the witness] was delusional or paranoid, or had any difficulties in memory or perception." 59 F.3d at 348.
+
+In its response, the Defense homes in first on narcissistic personality disorder. Def. Br. 8-9. Dr. Hall reports that individuals with this diagnosis "believe their needs are special and beyond the ken of ordinary people," have "a sense of entitlement and unreasonable expectations of favorable treatment," "expect to be given whatever they want or feel they need, no matter what it might mean to others," and "form friendships or romantic relationships only when other people seem to advance their purposes." Report at 94-95. But none of these traits affect memory or recall, which is the primary purpose for admitting evidence of mental conditions identified in Sasso, 59 F.3d at 348.
+
+The Defense also emphasizes the diagnosis for borderline personality disorder. Def. Br. at 9-10. Individuals with the disorder "are very sensitive to environmental circumstances and may experience intense abandonment fears and inappropriate anger, even when faced with realistic time limited separation," they "have a pattern of unstable and intense relationships," including "sudden and dramatic shifts concerning their perceptions of others, who are alternately seen as beneficent supporters or cruelly punitive." Report at 95-96. But based on the current record, Dr. Hall's description falls short of demonstrating that this disorder "affect[s] her ability to perceive or to recall events or to testify accurately." Vitale, 459 F.3d at 196 (quoting Sasso, 59 F.3d at 348); see United States v. Lopez, 611 F.2d 44,45 (4th Cir. 1979) ("[M]any psychiatric problems ... which a witness may have had are without any relevancy to the witness' credibility, concerned as it is with whether the witness' mental impairment is related to his capacity to observe the event at the time of its occurrence, to communicate his observations accurately and truthfully at trial, or to maintain a clear recollection in the meantime." (cleaned up)). Indeed, the First Circuit in a case cited favorably both by the Second Circuit and by the Defense concluded that there was an inadequate link between borderline personality disorder and a witness's credibility. United States v. Butt, 955 F.2d 77,83,85 (1st Cir. 1992) (stating that the diagnosis did not prevent the witness "from perceiving matters truthfully and testifying about them").
+
+The Defense also argues that Dr. Hall diagnosed Alleged Victim 4 with bipolar disorder, De£ Br. at 10, a characterization that the Government disputes, Gov't Br. at 9. The Court agrees with the Government that there is significant ambiguity as to this diagnosis. To be sure, Dr. Hall in his "summary" lists that Alleged Victim 4 has been diagnosed with "Bipolar II Disorder . . . by history." Report at 107. But in his own "diagnostic impression" of Alleged Victim 4, Dr. Hall states that Victim 4 "is not able to describe any discrete periods" consistent with bipolar disorder. Report at 93. He states further that Alleged Victim 4 reports only "irritability," but "does not demonstrate the other required symptoms" of bipolar disorder. Id. Such apparent contradictions in the report reduce its relevance and increase the risk of confusing jurors. See Hamlett, 2021 WL 5105861, at \*2.
+
+Regardless, based on Dr. Hall's report, a diagnosis of bipolar disorder is not relevant under Sasso. The Defense cites Dr. Hall's statements that link bipolar disorder with "racing thoughts," "distractibility," and "depression." Report at 93; Def. Br. at 11. But these scattered symptoms do not meaningfully impeach Alleged Victim 4's memory or perception of reality. Federal courts have repeatedly excluded diagnoses of bipolar disorder as irrelevant to a witness's credibility. E.g., United States v. Fattah, 187 F. Supp. 3d 563, 568-69 (E.D. Pa. 2016) ("[T]here is no basis to infer that [bipolar disorder] has affected the [witness's] memory, competence, or ability or tendency to tell the truth in connection with the facts in this case."); United States v. Baxter, 761 F.3d 17, 23 (D.C. Cir. 2014); United States v. George, 532 F.3d 933, 937 (D.C. Cir. 2008) ("Nothing in [the defendant's] proffer at trial indicated why bipolar disorder would cause . .. difficulty in perceiving reality or motivate [violence]."). In a similar line of cases, courts in this circuit have held that expert diagnoses of depression are not probative of credibility. E.g., Sasso, 49 F.3d at 348 (finding that a diagnosis of depression lacked probative value); United
+
+States v. Giovinco, No. 18-CR-14 (JSR), 2020 WL 832920, at \*2 (S.D.N.Y. Feb. 20, 2020) (finding that depression did not impact the witness's "ability to accurately perceive or recall" relevant events); see also United States v. Cooper, No. 15-CR-152 (RMC), 2017 WL 11496709, at \*1 (D.D.C. Jan. 27, 2017) (excluding diagnosis of major depressive disorder).
+
+Last, the Defense points to the diagnosis for oppositional defiant disorder, which the Defense and the Government say includes a criterion of "vindictiveness." Def. Br. at 11 (quoting Gov't Br. at 10). But, again, this is not a basis for impeaching Alleged Victim 4's ability to testify truthfully under Sasso. 59 F.3d at 348; see also Hernandez v. Kelly, No. 09 CV 1576 TLM LB, 2011 WL 2117611, at \*5 (E.D.N.Y. May 27, 2011) (explaining that a condition must "bear[ ] on [a witness's] ability to rationally perceive events at the time and to accurately recollect and report his perceptions").
+
+In assessing the relevance of each of these diagnoses, the Court also takes account of Dr. Hall's conclusion that despite her several conditions, Alleged Victim 4 has no "psychotic believes [sic], hallucinations or delusions." Report at 92; see also id. at 80 ("she reports no period of... hallucinations"). Further, Dr. Hall several times commented that Alleged Victim 4's memory was very accurate. E.g., id. at 85 ("No . . alterations in memory, or changes in orientation or level of attention."); 92 ("Her memory was impeccable and at multiple times during the evaluation she pointed out to the examiner questions he did or didn't ask. She reported her memory is `perfect' and that she will remember every detail of the room in which the evaluation was done." (emphases in original)). On review, the Court cannot identify any point in the report at which Dr. Hall doubts Alleged Victim 4's account of events. Instead, he appears to summarize and accept her story of sexual conduct with Epstein. Id. at 100-01. In short, none of
+
+the diagnoses in Dr. Hall's report are adequately tied to Alleged Victim 4's credibility as a witness. See Hamlett, 2021 WL 5105861, at \*2.
+
+Even if any diagnosis were probative, the Court further finds that Rule 403 prejudice outweighs. First, the testimony may confuse jurors with old diagnoses that have little connection to the conduct at issue or Alleged Victim 4's credibility today. See id. Confusion is particularly likely here given that Dr. Hall's report is at times unclear and even contradictory, as with the confusion over bipolar disorder explained above. Id. Second, the Court takes account of the risk that jurors will stereotype a witness with a history of mental illness or incorrectly assume that a diagnosed mental condition renders the witness untrustworthy. See Hernandez, 2011 WL 2117611, at \*5. Third, mental health diagnoses are of a particularly sensitive nature and, if not relevant, the witness's privacy should not be invaded. Paredes, 2001 WL 1478810, at \*2 (citing In re Doe, 964 F.2d 1325,1328-29 (2d Cir. 1992)).
+
+And fourth, Dr. Hall's testimony would be cumulative and cause undue delay. The Government anticipates that several aspects of Alleged Victim 4's mental health history will be admitted either on direct or cross-examination, including that Alleged Victim 4 currently takes medication for bipolar disorder and her history of substance abuse. Gov't Br. at 9-10. The Second Circuit has previously held that where relevant issues of mental conditions can be aired on cross-examination, the district court may preclude the witness's medical records and expert testimony. Vitale, 459 F.3d at 196; Dupree, 833 F. Supp. 2d at 265 (applying Vitale and Sasso). The Court concludes that here, the cross-examination identified by the Government on Alleged Victim 4's current medication for bipolar disorder, along with lines of cross-examination unrelated to mental health, will provide the jury a sufficiently "discriminating appraisal" of Alleged Victim 4's credibility such that Dr. Hall's testimony and report is unnecessary. Drake v.
+
+Woods, 547 F. Supp. 2d 253, 266-67 (S.D.N.Y. 2008) (quoting United States v. Roldan-Zapata, 916 F.2d 795, 806 (2d Cir. 1990)). The Court therefore concludes that the minimal probative value of each of Dr. Hall's diagnoses of Alleged Victim 4 is substantially outweighed by the risk of unfair prejudice.
+
+But this balancing of Rules 401 and 403 is based on the present record. It is conceivable that an additional proffer from the Defense that raises the probative value of a diagnosis, such as that for borderline personality disorder, would change the Court's calculation. Cf. George, 532 F.3d at 937 ("We do not foreclose the possibility that testimony by an expert ... could have shown evidence of [the witness's] condition to be relevant to her credibility . . . . But without such testimony, [defense] counsel had only words such as 'episodes of rage' and `racing thoughts."); Hamlett, 2021 WL 5105861, at \*2 (affirming exclusion of a psychological witness that failed to show a "clear link between any particular mental health diagnosis and a witness's credibility").
+
+The Defense argues that apart from diagnoses of her mental health conditions, the Defense should be permitted to admit Dr. Hall's conclusion as to Alleged Victim 4's substance abuse and addiction. Def. Br. at 12-13 (collecting cases). The Second Circuit instructs:
+
+It is, of course, within the proper scope of cross-examination to determine whether a witness was under the influence of drugs or narcotics or alcohol at the time of observation of events in dispute or at the time the witness is testifying. As Wigmore points out, however, a general habit of intemperance tells us nothing of the witness's testimonial incapacity unless it involves actual intoxication at the time of the event observed or at the time of testifying.
+
+United States v. DiPaolo, 804 F.2d 225, 229-30 (2d Cir. 1986) (cleaned up) (cited in Gov't Br. at 11 and Def. Br. at 12); accord United States v. Robinson, 583 F.3d 1265, 1272 (10th Cir. 2009) ("Illegal drug use does not merely bear on the [confidential informant's] veracity but also on his capacity as a witness.").
+
+The Court will therefore permit the Defense to cross-examine Alleged Victim 4 about her use of substances during and after the conduct in question. Indeed, the Court was already under the impression that the Defense intended to pursue this line of cross-examination after the Dauber! hearing. Nov. 10 Tr. at 157 ("[D]o you intend to impeach any witnesses based on substance abuse? ... Yes.").
+
+But the extensive case law cited by the Defense about cross-examining witnesses on their substance use does not justify the request to admit Dr. Hall's testimony on substance use and addiction. For example, in United States v. Vitale, the district court gave the defense "wide latitude when cross-examining [the witness] about his drug use and rehabilitation, including questions about the effects that the drugs had on his ability to perceive events when they occurred as well as on his memory at the time of trial." 459 F.3d at 196. The district court did not, however, permit the defense to admit the witness's drug rehabilitation treatment records into evidence. Id. Citing Sasso, the Second Circuit affirmed, explaining that through crossexamination alone, "the jury was well aware of... [the witness's] drug abuse and treatment history." Id. The Second Circuit has made such a distinction—permitting cross-examination on drug use but excluding a formal diagnosis of addiction—in several cases. E.g., DiPaolo, 804 F.2d at 230; Dobson v. Walker, 150 F. App'x 49,52 (2d Cir. 2005) (explaining that crossexamination about a witness's drug use before witnessing a murder would be admissible, but the general fact that the witness uses drugs is not). The Defense does not cite any case law to the contrary. Even the nonbinding authority that the Defense refers to as "instructive," Def. Br. at 13, held only that a defendant had the right to review a witness's medical records and crossexamine the witness about his drug use, Robinson, 583 F.3d at 1271-75.
+
+In addition to diagnosing Alleged Victim 4's mental conditions, Dr. Hall also concluded that Epstein's behavior had only a minimal impact on Alleged Victim 4's psychiatric profile. The Government moved to exclude this conclusion and the Defense does not make a case for admitting it. The Court will also preclude the opinion. In this circumstance, the lasting mental impact of a crime is at best "minimally probative" of whether that crime was committed. United States v. Hendricks, 921 F.3d 320, 329 (2d Cir. 2019). It also carries a high risk of Rule 403 prejudice by suggesting that the psychological impact on Alleged Victim 4 is relevant to Ms. Maxwell's guilt beyond a reasonable doubt. It would also cause substantial delay by opening the door to rebuttal evidence by the Government on Alleged Victim 4's mental health, which would likely lead to mini-trials on irrelevant issues.
+
+Next, the disclosure states that Dr. Hall will testify to the "significance" of Alleged Victim 4's diagnoses. Notice at 12. First, the Court understands that Dr. Hall could not testify to the "significance" of mental health diagnoses without first testifying to what those diagnoses are. Because the Court is precluding Dr. Hall's testimony on Alleged Victim 4's diagnoses, the Court will also preclude Dr. Hall's testimony on their significance. Additionally, the current disclosure on this point does not satisfy Rule 16's requirement that the Defense provide Dr. Hall's opinion rather than just the general topic of the testimony. Even if the Court admitted Dr. Hall's testimony as to Alleged Victim 4's diagnoses, the Court would preclude his testimony on significance until more specific opinions are disclosed to the Government.
+
+Next, the Defense anticipates that Dr. Hall will testify to the "bases for those opinions" in his report. Id. Dr. Hall's report refers not only to what Alleged Victim 4 told him during their in-person interview but also other records like prior psychiatric reports, other medical records, criminal records, school records, and a deposition of a non-testifying witness. E.g., Report at 2963. These out of court statements would be hearsay if admitted for their truth, and so are presumptively inadmissible at trial. Fed. R. Evid. 802. The Defense identifies several means by which it may admit these hearsay statements. Def. Br. at 14-17.
+
+First, "[u)nder Rule 703, experts can testify to opinions based on inadmissible evidence, including hearsay, if `experts in the field reasonably rely on such evidence in forming their opinions!" United States v. Mejia, 545 F.3d 179, 197 (2d Cir. 2008). But Rule 703 does not permit an expert to "simply transmit that hearsay to the jury." Id. Rather, those underlying facts and data that would otherwise be inadmissible may be disclosed to the jury "if their probative value in helping the jury evaluate the opinion substantially outweighs their prejudicial effect." Fed. R. Evid. 703. Here, the hearsay underlying Dr. Hall's diagnoses, including the medical records, criminal records, and depositions, would have little probative value unless the Government were to challenge the accuracy of Dr. Hall's diagnoses. See United States v. Chai, No. 13-CR-290 (PAC), 2015 WL 293995, at \*3 (S.D.N.Y. Jan. 22, 2015). The Government represents in its brief that it would not do so in the event that Dr. Hall's diagnoses are admitted. Gov't Br. at 13. And admitting the underlying hearsay, without a relevant need to substantiate the accuracy of Dr. Hall's conclusions, would result in significant prejudice, including confusing the jury and delaying the trial with a large volume of unnecessary details. The Court therefore concludes that, based on the parties' current proffers, the facts and data underlying Dr. Hall's opinions are not admissible via Rule 703.
+
+Second, the Defense says that Alleged Victim 4's statements are admissible under one of two hearsay exceptions in Rule 803. Def. Br. at 15. It says the statements were statements of her "then-existing state of mind ... or emotional, sensory, or physical condition." Fed. R. Evid. 803(3). But while a number of Alleged Victim 4's statements to Dr. Hall may pertain to motives
+
+or emotional condition, her statements made to Dr. Hall in 2009 about events that took place years earlier cannot be said to be "then-existing." Id. The Defense also says Alleged Victim 4's statements were "made for medical diagnosis or treatment." Fed. R. Evid. 803(4). The Court finds that this may be a permissible basis for admitting some of Alleged Victim 4's statements, though they must be "made for ... medical diagnosis or treatment," must "describe[ ] medical history; past or present symptoms or sensations; their inception; or their general cause," and must otherwise satisfy Rules 401 and 403. Fed. R. Evid. 803(4)(A), (B); see In re Agent Orange Prod. Liab. Litig., 611 F. Supp. 1223, 1245-46 (E.D.N.Y. 1985), aff'd sub nom., 818 F.2d 187 (2d Cir. 1987) (Weinstein, C.J.).' But without additional detail from the Defense on which portions of Dr. Hall's testimony it would seek to admit under this exception, the Court cannot make a definitive ruling.
+
+The Defense does not mention Alleged Victim 4's criminal records cited by Dr. Hall in his report. The Court concludes that Alleged Victim 4's criminal records are inadmissible under Federal Rule of Evidence 609. Dr. Hall's report is not clear on the details of Alleged Victim 4's criminal history, but her criminal history includes at least assault with a deadly weapon while she was a minor and possession of illegal narcotics both as a minor and as an adult. These incidents, however, are now all over 10 years old, none appear to require proving "a dishonest act or false statement," and, for her juvenile offenses, admitting the evidence is not necessary to fairly determine the guilt or innocence of Ms. Maxwell. Fed. R. Evid. 609 (a), (b), (d).
+
+x27; The Defense also argues that Alleged Victim 4's statements would be "admissible for their effect on Dr. Hall in forming his opinion." Def. Br. at 15. But, like Rule 703, this justification is a relevant basis for admission only if the validity of Dr. Hall's diagnoses is put in question.
+
+### B. The Court reserves judgment on the admissibility of Dr. Hall's fact testimony
+
+Finally, two of Dr. Hall's anticipated opinions are fact testimony not subject to Rule 702. Specifically, Dr. Hall would testify that Alleged Victim 4 told him that she previously disclosed other sexual abuse to a prior mental health provider, Dr. Susan Pope, but did not disclose abuse by Epstein to Dr. Pope. Def. Br. at 16.2 Further, Dr. Hall would testify that in their interview Alleged Victim 4 "did not identify Ms. Maxwell as a perpetrator of any abuse." Notice at 12. The Defense argues these statements are admissible as prior inconsistent statements. Def. Br. at 16-17. The Government concedes that Dr. Hall's testimony here would be admissible, including potentially as a prior inconsistent statement, if relevant and not otherwise excludable. Gov't Br. at 16, 18.
+
+The Court reserves judgment on this question, but provides this guidance. The Defense will cross-examine Alleged Victim 4 and, as the Court has previously ruled, it may ask whether Alleged Victim 4 on previous occasions implicated Ms. Maxwell in the alleged sexual abuse by Epstein. Nov. 1 Tr. at 27. Whether the Defense may then admit any of Dr. Hall's testimony will depend on Alleged Victim 4's response to that question, whether any prior statement is actually "inconsistent" with her response, see United States v. Trzaska, 111 F.3d 1019,1024-25 (2d Cir. 1997) (reversing a district court's admission of prior statements that were not inconsistent), and whether the Defense satisfies the other requirements of admitting extrinsic evidence of a prior inconsistent statement under Federal Rule of Evidence 613.
+
+2 From the parties' briefing, the Court understands that the Defense would not seek to admit Dr. Hall's testimony about what Alleged Victim 4 told Dr. Pope for the truth of the matter asserted, as that would be hearsay with no apparent exception. See Def. Br. at 16 (referring to Alleged Victim 4's statements to Dr. Pope and stating It]his evidence is admissible as a prior inconsistent statement"). Even then, however, the Court is skeptical that a situation would arise in which this statement could be used to contradict Alleged Victim 4' testimony without assuming the statement's truth.
+
+### **III. Conclusion**
+
+The Court therefore grants the Government's motion to preclude Dr. Hall's expert testimony. Because this is a preliminary pre-trial ruling, it is possible that facts and circumstances at trial would alter the Court's analysis. In that event, the Defense must re-raise its request to admit Dr. Hall as an expert witness.
+
+SO ORDERED.
+
+Dated: November 22, 2021
+
+New York, New York
+
+![]()
+
+---
+
+ALISON J. NATHAN
+United States District Judge
\ No newline at end of file
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+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America,
+
+—v—
+
+Ghislaine Maxwell,
+
+Defendant.
+
+
+
+20-CR-330 (MN) MEMORANDUM OPINION & ORDER
+
+ALISON J. NATHAN, District Judge:
+
+The Defense on November 1, 2021, noticed eight expert witnesses. Def. Br., Ex. I ("Notice"). Two of those experts, Dr. Park Dietz and Dr. Elizabeth Loftus, are expected to offer opinions that rebut opinions of the Government's expert witness, Dr. Lisa Rocchio. The Government on November 8, 2021, filed a motion to partially preclude the testimony of Dr. Dietz and Dr. Loftus. Dkt. No. 424. The Court has already addressed that motion.
+
+On November 15, 2021, the Government moved to fully or partially preclude the testimony of the remaining six experts. The Defense filed a response on November 19, 2021.
+
+The Court addressed the admissibility of Dr. Ryan Hall in a separate written opinion. In this opinion, the Court addresses the preliminary admissibility of Bennett Gershman based on the parties' current proffers.
+
+## I. Legal standard
+
+Federal Rule of Evidence 702 governs the admissibility of expert testimony. That rule states:
+
+A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:
+
+- (a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
+- (b) the testimony is based on sufficient facts or data;
+- (c) the testimony is the product of reliable principles and methods; and
+- (d) the expert has reliably applied the principles and methods to the facts of the case.
+
+The Court exercises a "gatekeeper function" in assessing the admissibility of expert testimony. Restivo v. Hessernann, 846 F.3d 547, 575 (2d Cir. 2017). To determine whether an expert's method is reliable, the Court considers the non-exhaustive list provided by the Supreme Court in Daubert, including whether the expert's method has been tested, whether it has been subjected to peer review, the rate of error, standards controlling the method's operation, and whether the method is accepted by the expert community. United States v. Kidd, 385 F. Supp. 3d 259, 263 (S.D.N.Y. 2019) (citing Daubert v. Merrell Dow Phanns., Inc., 509 U.S. 579, 593-94 (1993)).
+
+But Rule 702 ultimately sets a "liberal" and "permissive" standard of admissibility. Nimely v. City of New York, 414 F.3d 381, 395-96 (2d Cir. 2005). In particular, not every expert admissible under Daubert need rely on a method that conforms with "the exactness of hard science methodologies." E.E.O.C. v. Bloomberg L.P., No. 07-CV-8383 (LAP), 2010 WL 3466370, at \*13-14 (S.D.N.Y. Aug. 31, 2010) (quoting United States v. Simmons, 470 F.3d 1115, 1123 (5th Cir. 2006)).
+
+Additionally, the procedure for disclosing expert witnesses is governed by Federal Rule of Criminal Procedure 16. That rule states that when the Government makes a request, the Defense "must ... give to the government a written summary of any testimony that the defendant intends to use under Rule[ ] 702. . . . This summary must describe the witness's
+
+opinions, the bases and reasons for those opinions, and the witness's qualifications." Fed. R. Crim. P. 16(b)(1)(C). The purpose of this rule is to "minimize surprise that often results from unexpected expert testimony, reduce the need for continuances, and to provide the opponent with a fair opportunity to test the merit of the expert's testimony through focused cross-examination." Fed. R. Civ. P. 16(b)(1)(C) advisory committee's note to 1993 amendment. Thus, to satisfy Rule 16, a notice must not merely describe the "general topics" on which experts will testify but actually "summarize the experts' opinions about those topics" and "describe the bases for the experts' opinions." United States v. Ulbricht, 858 F.3d 71, 115 (2d Cir. 2017) (emphasis added); United States v. Valle, No. 12-CR-847 (PGG), 2013 WL 440687, at \*5 (S.D.N.Y. Feb. 2, 2013) ("Merely identifying the general topics about which the expert will testify is insufficient; rather, the summary must reveal the expert's actual opinions.").
+
+If the Defense's disclosure of an expert witness does not satisfy Rule 16, the Court has "broad discretion" to fashion an appropriate remedy. Ulbricht, 858 F.3d at 115. That discretion is guided by factors including "why disclosure was not made, the extent of the prejudice, if any, to the opposing party, the feasibility of rectifying that prejudice by a continuance, and any other relevant circumstances." Id. (quoting United States v. Lee, 834 F.3d 145, 159 (2d Cir. 2016)). When a disclosure merely lists general topics on which the expert might testify, the Second Circuit has several times held that the district court has discretion to exclude the expert entirely. See id. at 118; United States v. Vaccarelli, No. 20-3768-CR, 2021 WL 4805218, at \*2 (2d Cir. Oct. 15, 2021).
+
+## II. Discussion
+
+As a preliminary matter, the Defense argues that the Government's motion is "premature" because the Government's arguments are about the relevance and prejudice of the witnesses' testimony, not their qualifications or the reliability of their methods under Rule 702. Def. Br. at 1, 5-6. But one aspect of the Rule 702 and Daubert inquiry is "fit," which asks "whether expert testimony proffered in the case is sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute." Alto v. Sun Phann. Indus., Inc., No. 1:19-CV-09758 (GHW), 2021 WL 4803582, at \*3 (S.D.N.Y. Oct. 13, 2021) (quoting Daubed, 509 U.S. at 591). Fit is satisfied if the expert's opinion would assist the jury's decision on a relevant question of fact without "usurp[ing] either the role of the trial judge in instructing the jury as to the applicable law or the role of the jury in applying that law to the facts before it." Id. (quoting United States v. Duncan, 42 F.3d 97, 101 (2d Cir. 1994)). The Court finds that at least some of the Government's arguments that go to fit are ripe for preliminary resolution now. Other aspects of the Government's motion can be resolved only with additional information and the context of trial.
+
+The Government moves to exclude the testimony of Bennett Gershman in its entirety. As explained in the notice, Professor Gershman "is a leading authority on prosecutorial misconduct." Notice at 12. The Defense expects that he will testify "on best practices to ensure the integrity of any prosecution, focusing on investigation, witness preparation, media contact, neutrality, obligations to provide accurate information, and relationship with crime victims, their counsel, and case-related civil litigation." Id.
+
+The Court will grant the Government's motion and exclude Gershman. First, his expected testimony is irrelevant. At the November 1 pretrial conference, the Court ruled that it would "preclude affirmative evidence by the defense that goes to the thoroughness of the investigation." Nov. 1 Tr. at 17. As the Court explained, "[t]he length of the investigation, the investigative techniques used, and the fact that the defendant was not initially a target of the
+
+investigation are all irrelevant" to Ms. Maxwell's guilt. Id. at 19 (quoting United States v. Duncan, No. 18-CR-289, 2019 WL 2210663 (S.D.N.Y. 2019)). The Court concludes that the expected topics of Gershman's testimony—investigation, witness preparation, media contact, being neutral and accurate, and relationships with victims-all fall within the rubric of attacking the thoroughness of the investigation rather than being probative of Ms. Maxwell's guilt of the crimes charged. In short, this testimony would run afoul of the instruction that the jury will receive that "the government is not on trial." Id. at 23 (quoting United States v. Knox, 687 F. App'x 51, 54 (2d Cir. 2017)).
+
+The Court notes that a court in this district recently excluded Gershman's testimony in a civil case in which he would have similarly criticized the SEC's investigation, including the use of cooperating witnesses. SEC v. Collector's Coffee Inc., No. 19-CV-4355 (VM) (GWG), 2021 WL 3418829 (S.D.N.Y. Aug. 5, 2021). That case differs from this one in several respects, but that court's basic reasoning informs and supports the Court's decision here.
+
+The Defense argues that the Court "expressly denied" prohibiting the Defense from calling an expert witness like Gershman. Def. Br. at 17. Tellingly, the Defense quotes no language from the Court for this proposition and instead cites only those pages of the Court's oral ruling in which the Court explained that it "will permit relevant cross-examination of the government's witnesses." Nov. 1 Tr. at 27. This language in no fashion supports the Defense's request to admit an expert to testify about government investigative techniques. The Court reiterates, however, that it will permit the Defense to pursue "lines of cross-examination of government witnesses [that] would be relevant to impeach a witness by suggesting bias or otherwise implicating their credibility," which could include the Defense's theory of witnesses' motives for "implicating Ms. Maxwell after Jeffrey Epstein's death." Id. at 28-29.
+
+Second, even if Gershman's testimony was relevant, Rule 403 prejudice would substantially outweigh for the reasons given at the November 1 conference. Id. at 21-24. Gershman's testimony would be likely to confuse the jury by suggesting that the Government's choices of investigative techniques are relevant to guilt, it would conflict with the Court's anticipated jury instruction that the Government is not on trial, it would substantially delay the trial, and it would, at most, be cumulative of the Defense's arguments that there is inadequate evidence on which to find Ms. Maxwell guilty. Indeed, placing an expert imprimatur on these arguments would only enhance the Rule 403 prejudice.
+
+Third, apart from Rule 401 and 403, the Defense's disclosure of Gershman does not satisfy Rule 16. The Defense has listed only the general topics on which Gershman will testify, like "investigation," "media contact," and "neutrality." Notice at 12. It does not mention Gershman's actual opinions on these topics or the bases for those opinions. Nor does the Defense's response brief add any detail about the content of Gershman's opinions. Def. Br. at 18. Indeed, the Defense's briefing on this issue mentions very little of Gershman's anticipated testimony. Therefore, even if Rules 401 and 403 were satisfied, the Court would exclude Gershman's testimony because the Defense has not yet satisfied Rule 16.
+
+## III. Conclusion
+
+The Court therefore grants the Government's motion to preclude Gershman's expert testimony. Because this is a preliminary pre-trial ruling, it is possible that facts and circumstances at trial would alter the Court's analysis. In that event, the Defense must re-raise its request to admit Gershman as an expert witness.
+
+SO ORDERED.
+
+Dated: November 22, 2O21
+
+New York, New York
+
+ALISON J. NATHAN United States District Judge
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+From: ' To: M: ilfS SANYS , Cc:
+
+Subject: FW: U.S. v. Maxwell, 20cr330, Opinion & Order
+
+Date: Fri, 25 Jun 2021 21:09:44 +0000
+
+Attachments: 20cr330\_Order 6.25.21.pdf; 20cr330\_Sealed\_Opinion\_&\_Order 6.25.21.pdf
+
+Chiefs —Judge Nathan denied Maxwell's motions to suppress. See attached.
+
+From: Nathan NYSD Chambers
+
+Sent: Friday, June 25, 2021 5:07 PM
+
+To Jeff Pa liuca Laura Menninge
+
+Subject: U.S. v. Maxwell, 20cr330, Opinion & Order
+
+Dear Counsel,
+
+Please find attached an Opinion and an Order from Judge Nathan. The Order will appear on the public docket shortly, and the Opinion will be filed under temporary seal. Please confirm receipt.
+
+Kind regards,
+
+Law Clerk to the Hon. Alison J. Nathan
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+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America,
+
+—v—
+
+Ghislaine Maxwell,
+
+Defendant.
+
+USDC SONY DOCUMENT ELECTRONICALLY FILED DOC DATE FILED: 6/25/2021
+
+20-cr-330 (AJN)
+
+ORDER
+
+ALISON J. NATHAN, District Judge:
+
+Maxwell's motions to suppress evidence (Dkt. Nos. 133, 139) are DENIED. The Court sets out its reasoning in an opinion concurrently filed under temporary seal to allow Maxwell and the Government the opportunity to propose redactions. The parties may file under seal any proposed redactions to the opinion within three days.
+
+The Court further ORDERS that the April 9, 2019 memorandum decision and order on the Government's application to modify the protective order in v. Maxwell, No. as well as the transcripts of the March 26, 2019 and April 9, 2019 ex parte hearings on that application shall be unsealed. These documents were previously filed under seal as Exhibits D, E, F, and G to the memorandum of law in support of Maxwell's first motion to suppress (Dkt. No. 134). Within one week, the parties shall confer and file under seal any proposed redactions to the memorandum decision, order, and transcripts.
+
+Any proposed redactions shall be narrowly tailored and shall be supported with reference to the Second Circuit's opinion in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). The parties' proposed redactions should not include any information that has already been made public.
+
+SO ORDERED.
+
+Dated: June 25, 2021
+New York, New York
+
+![]()
+
+---
+
+ALISON J. NATHAN
+United States District Judge
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+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America,
+
+—v—
+
+Ghislaine Maxwell,
+
+Defendant.
+
+USDC SONY DOCUMENT ELECTRONICALLY FILED DOC DATE FILED: 6/25/2021
+
+20-cr-330 (AJN)
+
+OPINION & ORDER
+
+ALISON J. NATHAN, District Judge:
+
+Maxwell moves to suppress evidence obtained through a grand jury subpoena to a law firm involved in earlier civil litigation against her. She contends that because the documents sought by the subpoena were previously subject to a protective order, the Government obtained them in violation of her rights against compelled self-incrimination, against unreasonable searches and seizures, and to due process of law. For the reasons that follow, the Court concludes that the evidence should not be suppressed and that Maxwell is not entitled to an evidentiary hearing.
+
+# I. Background
+
+In late 2015, sued Maxwell for defamation. See v. Maxwell, No. 15-cv-7433 (S.D.N.Y.). alleged that Maxwell defamed her by accusing her of lying about Maxwell and Jeffrey Epstein sexually abusing her. The law firm Boies Schiller Flexner LLP (BSF) represented in the dispute. The parties litigated the case for about two years before signing a confidential settlement agreement.
+
+Early in the civil litigation, one of the attorneys representing approached an Assistant United States Attorney (AUSA) in the Southern District of New York and requested a meeting to provide the Government information on possible criminal conduct. The AUSA met with three attorneys who represented on February 29, 2016. The AUSA's notes from the meeting reflect that it focused primarily on Epstein. However, the notes also identify Maxwell as Epstein's "head recruiter" of underage girls. The attorneys sent a few follow-up emails to the AUSA in the following weeks. The United States Attorney's Office did not pursue a criminal investigation at that time.
+
+Maxwell claims based on a New York Daily News article published in October 2020 that a second meeting took place between federal prosecutors and a principal of BSF in the summer of 2016. The Government has represented to the Court that the AUSA who participated in the February 29, 2016 meeting did not participate in a second meeting with BSF attorneys and that the Government has "uncovered no evidence that such a meeting ever occurred." Dkt. No. 204, at 92. However, for purposes of deciding this motion, the Court assumes that it occurred.
+
+About two weeks after the February 29, 2016 meeting, the judge presiding over the civil case entered a protective order that allowed the parties in that case to designate documents produced in discovery as confidential. See Dkt. No. 134-1. That order prohibited the parties from disclosing confidential documents to anyone other than people involved in the case. Although BSF initially proposed language that would allow disclosure of documents to law enforcement without a court order, the final version of the protective order included no such exception. The protective order did not require the parties to obtain the court's approval to mark a document as confidential. It allowed the court to modify the order at any time for good cause after notice to the parties. It also allowed the parties to use any confidential information at trial, at which point that information would become public. It required the parties to return or destroy confidential records after the case ended.
+
+Following entry of the protective order, Maxwell testified in two depositions in the civil case. The parties designated the depositions as confidential under the protective order. Counts five and six of the SI superseding indictment in this case (and counts seven and eight of the S2 superseding indictment) charge that Maxwell made false statements under oath in each of the depositions.
+
+The Government represents that the Office of the U.S. Attorney for the Southern District of New York formally opened its investigation into Epstein on November 30, 2018, following a series of articles in the Miami Herald about Epstein's conduct and the lenient plea deal he received in the Southern District of Florida. The same day, the AUSA who attended the February 2016 meeting forwarded the emails she received from attorneys in the civil case to the prosecutors working on the fledgling investigation. There is no indication that she was involved in the decision to begin the investigation into Epstein in 2018.
+
+About two months later, the Government served a grand jury subpoena on BSF seeking to obtain documents for its investigation of Epstein. BSF informed the Government that many of the requested documents fell under the protective order. The Government then applied for an ex parte order modifying the protective order to allow BSF to comply with the subpoena. The Government made a second, similar application in connection with a protective order in a different case.
+
+The judge who presided over the civil case passed away in March 2019, and so then-Chief Judge McMahon heard the Government's ex parte application. In a hearing on March 26, 2019, Judge McMahon explained that she believed the Second Circuit's decision in Martindell v. International Telephone & Telegraph Coip., 594 F.2d 291 (2d Cir. 1979), governed the Government's application. Martindell held that a party should not provide documents subject to
+
+a protective order to the Government absent a formal motion or subpoena. It further held that a court should modify a protective order that a party reasonably relied on only if the order had been improvidently granted or upon a showing of extraordinary circumstances or compelling need.
+
+Judge McMahon held a second ex parte hearing on April 9, 2019. At that hearing, citing a district court case called Chemical Bank for the proposition that civil litigants ought not foment criminal investigations against their opponents to gain strategic advantage, she asked the Government about contacts between the U.S. Attorney's Office and BSF on the subject of the Government's investigation. The Government explained that BSF had informed the Government that some of the documents the Government sought were covered by a protective order. The Government did not mention any of the communications with BSF attorneys in 2016.
+
+Judge McMahon issued a sealed order granting the Government's application followed by a sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed the Government's application, but that two of the Martindell factors supported modification of the protective order. First, Maxwell did not reasonably rely on the protective order because it was subject to modification. Second, the Government had shown extraordinary circumstances supporting modification of the protective order because it could not otherwise obtain information about the high-profile targets of its investigation without tipping them off. Magistrate Judge Netbum denied the Government's similar application in another case, applying the same standard but concluding that the Government had not shown extraordinary circumstances or compelling need.
+
+Following Judge McMahon's order, BSF turned over its records from the civil litigation to the Government. Those documents included transcripts of Maxwell's depositions. The
+
+Second Circuit later held that the court in the civil case withheld far too many documents from public view and ordered that many of them be made publicly available. Brown v. Maxwell, 929 F.3d 41, 53 (2d Cir. 2019). Much of what the Government obtained through its subpoena, including the bulk of the deposition transcripts Maxwell now seeks to suppress, have since been unsealed by court order in the civil case. See , No. 15-cv-7433, Dkt. Nos. 1137, 1212.
+
+# II. Discussion
+
+Maxwell objects both to the Government obtaining documents covered by the protective order and to the Government's conduct in doing so. She contends that she agreed to testify in the civil case only because of the protective order, and thus that the Government's use of her deposition testimony against her would violate her right against compelled self-incrimination. She contends that she had a reasonable expectation of privacy in the documents covered by the protective order, and thus that the Government should not have been able to obtain them without a warrant. And she contends that the Government circumvented the requirements of Martindell and violated her due process rights by misleading Judge McMahon about the Government's prior communications with BSF.
+
+The Court finds that none of these arguments support suppression of evidence or justify an evidentiary hearing. The Court begins with Maxwell's claim that the Government violated her right against compelled self-incrimination by obtaining her deposition testimony from the civil case. It next turns to her claim that the Government violated her right against unreasonable searches and seizures. Finally, it addresses Maxwell's claim that the Government misled Judge McMahon in seeking modification of the protective order in the earlier civil case.
+
+## A. The Government did not violate Maxwell's right against self-incrimination
+
+The Fifth Amendment provides that "[n]o person . . . shall be compelled in any criminal case to be a witness against himself." U.S. Const. amend. V. "The [Supreme] Court has held repeatedly that the Fifth Amendment is limited to prohibiting the use of 'physical or moral compulsion' exerted on the person asserting the privilege." Fisher v. United States, 425 U.S. 391, 397 (1976) (quoting Perlman v. United States, 247 U.S. 7, 15 (1918)). It does not prohibit the Government from using a defendant's voluntary statements in a subsequent criminal prosecution.
+
+To establish a violation of the right against compelled self-incrimination, Maxwell must "demonstrate the existence of three elements: I) compulsion, 2) a testimonial communication, and 3) the incriminating nature of that communication." In re Grand Jury Subpoena, 826 F.2d 1166, 1168 (2d Cir. 1987). Maxwell contends that the Government violated her right against compelled self-incrimination by obtaining copies of her deposition transcripts from her earlier civil case. She acknowledges that she could have, but did not, invoke her Fifth Amendment rights to avoid providing incriminating testimony. See, e.g., Pillsbury Co. v. Conboy, 459 U.S. 248, 263-24 & n.24 (1983). However, she contends that she testified only because she believed the protective order in that case would prevent the Government from obtaining her testimony and using it in a subsequent criminal case against her.
+
+Second Circuit precedent expressly forecloses Maxwell's argument. "A Rule 26(c) protective order, no matter how broad its reach, provides no guarantee that compelled testimony will not somehow find its way into the government's hands for use in a subsequent criminal prosecution." Andover Data Servs. v. Stat. Tabulating Corp., 876 F.2d 1080, 1083 (2d Cir. 1989). As the Second Circuit has explained, a civil protective order may (as here) be overturned or modified by another court in another proceeding. Id. A civil protective order may (as here) be limited by its terms to pretrial proceedings, in which case the parties must expect that confidential documents will come to light as the case progresses. See In re Agent Orange Prod. Liab. Litig., 821 F.2d 139, 147 (2d Cir. 1987); Dkt. No. 134-1 ¶ 13. A court may (as here) unseal documents covered by a civil protective order in the public interest. See Brown, 929 F.3d at 47; v. Maxwell, 827 F. App'x 144, 145 (2d Cir. 2020); Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). Civil litigants have neither a reasonable basis nor legal entitlement to rely on a civil protective order against the use of their testimony in a subsequent criminal proceeding.
+
+Maxwell thus has failed to establish the first and most fundamental element of a violation of her right against compelled self-incrimination: compulsion. Because the protection typically afforded by a civil protective order is both porous and ephemeral, the Second Circuit has held that "a non-consenting witness may not be forced to answer potentially incriminating questions in reliance upon such an order." Andover, 876 F.2d at 1084. Maxwell was free to assert her Fifth Amendment rights in her civil case and refuse to offer incriminating testimony. Longstanding precedent made clear that if she did not do so, the Government could use any such testimony that it learned of against her in a later criminal case. Because the Government did not compel Maxwell to offer incriminating testimony, it did not violate her right against compelled self-incrimination.
+
+Maxwell's alternative argument that BSF's act of turning over her deposition transcripts was itself compelled testimony is likewise without merit. The Supreme Court has held that the act of producing documents in response to a subpoena implicates the Fifth Amendment only in narrow circumstances—when the existence of responsive documents, rather than their content, is
+
+inculpatory. Fisher, 425 U.S. at 410-11. This is no such case. The existence of deposition transcripts in Maxwell's civil case is not inculpatory. It is the content of those transcripts that is at issue.
+
+In the face of these straightforward precedents, Maxwell relies primarily on a single district court case decided the year before the Second Circuit's decision in Andover that quashed a subpoena for deposition testimony covered by a civil protective order. See Dkt. No. 140, at 16-17 (citing United States v. Oshatz, 700 F. Supp. 696 (S.D.N.Y. 1988)); Dkt. No. 212, at 12- 13 (same). Oshatz does not suggest that the use of civil deposition testimony in a subsequent criminal trial would violate a defendant's right against compelled self-incrimination—and if it did, that view would be plainly inconsistent with the Second Circuit's later, precedential opinions. Instead, the case simply describes the standard for whether a court should modify a protective order to allow a government subpoena. Maxwell cites no case in which a court has suppressed evidence because another court erred in modifying a protective order. Even if Maxwell were right that the protective order should not have been modified, it would not transform her earlier deposition testimony into the product of coercion.
+
+The Government would also be entitled to use Maxwell's deposition testimony against her in her perjury trial notwithstanding any violation of her right against compelled selfincrimination. The Supreme Court has held that a defendant may be prosecuted for false statements in unlawfully compelled testimony. See United States v. Wong, 431 U.S. 174,179 (1977); United States v. Knox, 396 U.S. 77,82 (1969). As in Knox, Maxwell seeks to suppress her deposition transcripts not because they are inculpatory "for a prior or subsequent criminal act" but because her statements in those depositions were themselves allegedly criminal. Knox, 396 U.S. at 82. In these circumstances, the Fifth Amendment does not bar the Government's use of her testimony in a prosecution for perjury.
+
+The Court thus concludes that Maxwell is not entitled to suppress her deposition transcripts based on her right against compelled self-incrimination.
+
+#### B. Maxwell had no reasonable expectation of privacy in documents produced in civil litigation
+
+"The Fourth Amendment protects `[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.'" Carpenter v. United States, 138 S. Ct. 2206, 2213 (2018) (alteration in original) (quoting U.S. Const. amend. IV). Government activity qualifies as a search under the Fourth Amendment only if it involves a physical intrusion into a constitutionally protected space or the violation of a person's "reasonable expectation of privacy." United States v. Jones, 565 U.S. 400, 406-07 (2012) (quoting Katz v. United States, 389 U.S. 347, 360 (1967) (Harlan, J., concurring)). Thus, government agents need a warrant to rummage through someone's home, listen in on their phone calls, or search through their phones seized incident to arrest. The Fourth Amendment imposes no limitation on their ability to gather evidence of public activity or review public records.
+
+A person has a reasonable expectation of privacy only if they seek to keep something private and have an objectively reasonable expectation that it will remain private. Smith v. Maryland, 442 U.S. 735, 740 (1979). The Supreme Court has held that people generally lack a reasonable expectation of privacy in information they voluntarily disclose to others. See id. at 743-44; United States v. Miller, 425 U.S. 435, 440 (1976). This is true even if they expect that information to be safeguarded and used only for specific purposes. Thus, the Supreme Court has held that police may obtain bank records or a list of phone numbers a person has dialed without a warrant. Smith, 442 U.S. at 742; Miller, 425 U.S. at 440. In a lone exception to this rule, the
+
+Supreme Court has held that people have a reasonable expectation of privacy in geographical information obtained from their cell phones, because that information provides a comprehensive account of a person's movements akin to invasive physical surveillance. See Carpenter, 138 S. Ct. at 2219-20.
+
+Under this standard, Maxwell had no reasonable expectation of privacy in the documents produced during the civil litigation. Those documents may not have been public, but they were hardly private. The protective order allowed them to be shared freely with each of the following categories of people:
+
+- The parties to the case.
+- Attorneys involved in the case.
+- People employed by or associated with attorneys involved in the case.
+- Expert witnesses.
+- Fact witnesses.
+- Potential witnesses.
+- Court personnel and stenographers.
+
+It also allowed any documents to be publicly used at trial. This is not a case like Carpenter where new technology has allowed police to access heretofore "unknowable" information about a person's private life. Id. at 2218. This is a case where Maxwell shared information with third parties through the routine process of civil litigation and now objects that they shared it with the Government, too.
+
+Second Circuit precedent makes clear that Maxwell had no reasonable expectation that documents covered by the protective order would remain shielded from view of the public or prosecutors. The Second Circuit has cautioned civil litigants that a civil protective order is no guarantee against the use of evidence in a subsequent criminal prosecution. See Andover, 876 F.2d at 1083. Second Circuit precedent allows a court in a subsequent proceeding to modify a protective order. Id. And if confidential materials turn out to be relevant to a court's ruling, Second Circuit precedent creates a strong presumption that they will be made public notwithstanding any protective order. See Lugosch, 435 F.3d at 126. These are not remote or theoretical possibilities. Each of them predictably came to pass in this case. See Brown, 929 F.3d at 48 & n.22; 827 F. App'x at 145. It is "unrealistic" to believe that deposition testimony central to a civil case of high public interest will remain effectively sealed indefinitely. Andover, 876 F.2d at 1083.
+
+Maxwell claims that she did not expect the Government to be able to obtain her deposition testimony, and that if she knew it would, she never would have testified. If Maxwell subjectively harbored this belief, it was nonetheless unreasonable. See Smith, 442 U.S. at 743. The Court further notes that Maxwell was ably represented by a number of attorneys during the civil litigation, who the Court is confident were familiar with the precedents governing protective orders and public access to judicial documents.
+
+Because Maxwell had no reasonable expectation of privacy in documents shared with third parties during the civil case, the Government did not engage in a search when it obtained those documents from a third party by subpoena. Maxwell also makes a half-hearted argument that obtaining those documents was a seizure of her personal property. Copies of documents held by a law firm that represented Maxwell's adversary in a civil case were not Maxwell's personal property. Thus, the Government engaged in neither a search nor a seizure, and so it did not violate Maxwell's Fourth Amendment right against unreasonable searches and seizures.
+
+The Government also contends that even if it improperly obtained documents pursuant to the grand jury subpoena, the Court should not suppress those documents because the Government acted in good faith and would have obtained the documents anyway. See Nix v.
+
+Williams, 467 U.S. 431, 446 (1984); United States v. Leon, 468 U.S. 897, 922 (1984). The Court agrees that, at the very least, the exception to the exclusionary rule for inevitable discovery applies to the documents that have since been unsealed and made public in the civil case. But because the Court finds no violation of the Fourth Amendment, it concludes that none of the documents should be suppressed.
+
+## C. Maxwell is not entitled to suppression under due process or the Court's inherent authority
+
+Maxwell next argues that the materials must be suppressed because the Government violated her due process rights in obtaining them. The gravamen of this claim is that the Government misrepresented its prior contacts with BSF to Judge McMahon. Maxwell contends that this misrepresentation violated her due process rights, or alternatively that the Court should exercise its inherent authority to suppress the evidence obtained through the subpoena as a sanction for governmental misconduct. She contends that even an inadvertent misstatement to a court requires suppression of evidence obtained as a result. She further seeks an evidentiary hearing to explore whether any misrepresentation by the Government in that hearing was intentional.
+
+The Supreme Court has recognized that federal courts have a limited inherent authority to suppress evidence obtained in "willful disobedience of law." United States v. Payner, 447 U.S. 727, 735 n.7 (1980) (quoting McNabb v. United States, 318 U.S. 332, 345 (1943)). But it has also cautioned that courts must exercise this power with restraint. Id. Thus, "the court should not exercise its inherent or supervisory power `as a substitute for Fourth Amendment jurisprudence!" United States v. Lambus, 897 F.3d 368, 401 (2d Cir. 2018) (quoting United States v. Ming He, 94 F.3d 782, 792 (2d Cir. 1996)). In situations where the Fourth Amendment
+
+or another substantive constitutional provision supplies a standard for the suppression of evidence, courts must follow that standard, not invent their own. See Payner, 447 U.S. at 735.
+
+Maxwell has not established a violation of due process or justified the exercise of the Court's inherent supervisory authority. Not every misstep by the Government during a criminal investigation justifies suppressing relevant evidence. The Supreme Court has repeatedly explained that the exclusionary rule weighs the interest in deterring investigatory misconduct against the truth-seeking function of the judicial process. That balance "do[es] not change because a court has elected to analyze the question under the supervisory power instead of" some other constitutional provision. Id. at 736. Due process provides an independent basis to suppress evidence only when the Government engages in conduct that is "fundamentally unfair or shocking to our traditional sense of justice" or is "so outrageous that common notions of fairness and decency would be offended were judicial processes invoked to obtain a conviction against the accused." United States v. Schmidt, 105 F.3d 82, 91 (2d Cir. 1997) (internal quotation marks omitted). "Ordinarily such official misconduct must involve either coercion or violation of the defendant's person." Id. (citations omitted). This case involves neither. Omitting information about communications with BSF years earlier falls well short of the sort of extreme misconduct supporting suppression as a matter of due process.
+
+To the extent Maxwell asks the Court to engage in a freewheeling exercise of its inherent supervisory power instead, the Court declines to do so. To begin with, suppression under a court's supervisory authority is only appropriate, if at all, when the Government has engaged in "willful disobedience of law." Payner, 447 U.S. at 735 n.7 (emphasis added). Maxwell all but concedes that the present record does not show willful misconduct, contending instead that it "doesn't matter whether the prosecutor knew his statements to Judge McMahon were
+
+misleading. Dkt. No. 134, at 14. In any event, the Court is not without guidance on when a prosecutor's misrepresentation requires a court to suppress evidence. Precedent requires courts to adhere to the standards governing analogous Fourth Amendment claims when asked to suppress evidence under their inherent authority. See Lambus, 897 F.3d at 401-02.
+
+The Supreme Court has set out a clear standard governing when a misrepresentation to a magistrate in a warrant affidavit justifies suppression of evidence obtained as a result. See Franks v. Delaware, 438 U.S. 154 (1978). That standard requires more than an inadvertent misstatement. "To suppress evidence obtained pursuant to an affidavit containing erroneous information, the defendant must show that: (I) the claimed inaccuracies or omissions are the result of the affiant's deliberate falsehood or reckless disregard for the truth; and (2) the alleged falsehoods or omissions were necessary to the issuing judge's probable cause finding." United States v. Canfield, 212 F.3d 713,717-18 (2d Cir. 2000) (cleaned up). The Supreme Court's decision in Franks forecloses the argument that all misstatements to a court—even all intentional misstatements—necessarily require suppression. A defendant cannot circumvent this standard by couching the same arguments in due process or the court's inherent authority instead. See Payner, 447 U.S. at 736.
+
+Franks also defines the standard governing when a defendant is entitled to an evidentiary hearing on a motion to suppress based on the Government's misrepresentation to a court. To justify an evidentiary hearing, a defendant must make a "substantial preliminary showing" of a deliberately or recklessly false statement and that the alleged false statement was necessary to the court's decision. Franks, 438 U.S. at 155. "Allegations of negligence or innocent mistake are insufficient." Id. at 171.
+
+Although Maxwell relied on Franks in her opening brief, she argues in reply that she need not satisfy that standard. See Dkt. No. 134, at 16; Dkt. No. 285, at 23. However, she provides no explanation for why Franks should not apply. To the extent she offers any alternative framework in her reply, it is that an evidentiary hearing is required whenever any factual issue related to a motion to suppress is in dispute. That formulation is far too broad.
+
+The Court agrees with the Government (and the suggestion in Maxwell's opening brief) that Franks provides the appropriate standard for whether Maxwell is entitled to an evidentiary hearing on her motion. To be sure, these cases are not identical. Franks dealt with an alleged false statement in a warrant affidavit. This case involves an alleged false statement in a hearing to modify a protective order to allow a grand jury subpoena. Franks involved a claim under the Fourth Amendment, while Maxwell couches hers in the Fifth. But while not identical, these settings are closely analogous. Each involves alleged misstatements to a court that allowed the Government to obtain evidence. Each presents a risk of a defense fishing expedition where no wrongdoing appears on the face of the Government's application. Each requires balancing similar interests—deterrence of deliberate misconduct on the one hand, and suppression of evidence inevitably discovered or obtained through innocent error on the other. The Second Circuit has already extended Franks past its precise factual context to a motion to suppress based on alleged misrepresentations in a wiretap application. See United States v. Rajaratnam, 719 F.3d 139, 151 (2d Cir. 2013). The Court concludes that Maxwell must at least meet this standard for a similar claim invoking the Court's inherent authority.
+
+Maxwell must thus make a substantial preliminary showing on each of Franks' requirements to justify an evidentiary hearing. United States v. Salamelz, 152 F.3d 88, 113 (2d Cir. 1998). That is, she must first make a substantial preliminary showing that the Government deliberately or recklessly misrepresented facts to Judge McMahon. Second, she must make a substantial preliminary showing that Judge McMahon would have denied the Government's application absent any such misrepresentation. The Court finds that Maxwell has not made a substantial preliminary showing on either prong.
+
+Maxwell's argument here centers on the Government's statements to Judge McMahon during the second proceeding on April 9, 2019, concerning its application to modify the protective order. At that proceeding, Judge McMahon explained that she wanted to make sure the Government's request did not present a similar situation to that in Chemical Bank v. Affiliated FM Ins. Co., 154 F.R.D. 91 (S.D.N.Y. 1994), where a party in civil litigation urged prosecutors to instigate a criminal investigation and then provided confidential documents in violation of a protective order. To that end, she asked the Government to explain "contacts between the United States Attorney's Office and the Boies Schiller firm prior to the issuance of the subpoena on the subject of your investigation." The prosecutor at that hearing informed Judge McMahon about all communications between the U.S. Attorney's Office and BSF after the current investigation began—namely, that the Government told the firm that it intended to make a document request and that the firm told the Government that some of the materials were subject to a protective order. Although the prosecutor was included on an email several months earlier from the AUSA who met with attorneys in 2016, he did not inform Judge McMahon about any communications with BSF before the current investigation began.
+
+Maxwell has not made a substantial preliminary showing that the Government's statement was a deliberate or reckless misrepresentation. The AUSA could reasonably have understood Judge McMahon's question to concern only communications about the Government's current investigation. Maxwell contends that the question asked for any
+
+communications between BSF and the Government related to Epstein or Maxwell. But an equally plausible understanding of the phrase "on the subject of your investigation" is "related to the investigation itself." That interpretation is all the more reasonable in context, because Chemical Bank involved communications between a party subject to a protective order and prosecutors during a pending criminal investigation. See Chemical Bank, 154 F.R.D. at 93. It was not unreasonable for the prosecutor to assume that Judge McMahon was concerned with those sorts of communications, not communications years earlier that did not lead to a criminal investigation. The Government has represented that its present investigation into Epstein (and later Maxwell) began only following publication of the Miami Herald exposé in 2018. Maxwell has made no substantial preliminary showing to the contrary.
+
+The Court also concludes that Maxwell has made no substantial preliminary showing that Judge McMahon would have denied the Government's application to modify the protective order if she knew about the 2016 communications. Materiality under Franks requires more than that a fact be important. It allows suppression only if "the allegedly false statement is necessa?y" to the court's finding. Franks, 438 U.S. at 156 (emphasis added). If Judge McMahon would still have ruled that the Government was entitled to ex pane modification of the protective order even after setting aside the Government's alleged misrepresentation, then Maxwell is not entitled to suppression. Judge McMahon's opinion reflects that she would have.
+
+Judge McMahon's ruling rested on two independent grounds. Analyzing the Government's application under Martindell, she first held that Maxwell could not have reasonably relied on the protective order to keep the Government from obtaining documents produced during the civil litigation. Judge McMahon reasoned that a civil litigant ordinarily may not rely on a protective order subject to modification to keep evidence out of the hands of
+
+prosecutors. As the Court has explained above, this is consistent with the Second Circuit's statement that a protective order "provides no guarantee that [evidence] will not somehow find its way into the government's hands for use in a subsequent criminal prosecution." Andover, 876 F.2d at 1083. Judge McMahon further reasoned that Maxwell could only have reasonably relied on the protective order insofar as it prohibited BSF from fomenting an investigation against her with confidential documents. If Judge McMahon had known of the 2016 meeting, it is arguable—albeit far from certain—that she might have instead concluded that BSF breached Maxwell's reasonable reliance interests.
+
+But Judge McMahon also held that the Government had shown extraordinary circumstances justifying ex parte modification of the protective order. She observed that modification of the protective order would serve a "significant public interest" and that the Government had demonstrated good cause to obtain the sought materials through a grand jury subpoena without alerting potential targets of its criminal investigation. Extraordinary circumstances or compelling need provide a sufficient, independent basis to modify a protective order under Martindell notwithstanding the parties' reasonable reliance on that order. See Minpeco S.A. v. Conticommodity Servs., Inc., 832 F.2d 739, 742 (2d Cir. 1987) (citing Martindell, 594 F.2d at 296). Thus, even assuming that the Government should have told Judge McMahon about communications with BSF in 2016, and even assuming that information was material to her analysis of Maxwell's reasonable reliance on the protective order, Judge McMahon would still have granted the Government's application. Because the Government's alleged misrepresentation was not necessary to Judge McMahon's ruling, it cannot support suppression under Franks.
+
+The Court thus finds that Maxwell has not made a substantial preliminary showing under either prong of Franks, and thus that she is not entitled to an evidentiary hearing. For the same reasons, and because the present record does not establish a violation of due process, the Court declines to suppress the evidence obtained by the Government's grand jury subpoena.
+
+## D. Martindell provides no independent basis for suppression
+
+The Court turns finally to Maxwell's argument that Martindell provides an independent basis for suppression. Maxwell cites no authority in her opening brief for the proposition that a court may suppress evidence because it disagrees with another court's decision to modify a protective order under Martindell. Indeed, there is no such authority. No court has ever granted a motion to suppress on this ground. The Court declines to review Judge McMahon's decision, because Martindell provides no basis to suppress evidence even if this Court were to disagree with it.
+
+Even if Maxwell were right that this Court should review Judge McMahon's decision on the merits, that decision—like a magistrate's probable cause determination—would be entitled to "great deference." Leon, 468 U.S. at 914. Courts will uphold another judge's decision to allow the Government to obtain evidence on a motion to suppress so long as there is a "substantial basis" for the decision. Salameh, 152 F.3d at 113 (quoting Illinois v. Gates, 462 U.S. 213, 238- 39 (1983)). Judge McMahon found that the Government had established exceptional circumstances to modify the protective order based on the factual record before her. Judge McMahon concluded that modification was necessary under the circumstances to allow the Government to investigate a high-profile matter in secrecy and so not to tip off the target of the investigation. Although reasonable minds may differ—indeed, Judge Netbum reached the opposite conclusion—there was a substantial basis for Judge McMahon's decision and it is thus
+
+entitled to deference. As discussed, the Court is aware of no authority suggesting review of Judge McMahon's modification order is necessary or appropriate in these circumstances. If necessary, the Court would afford it deference and would not disturb Judge McMahon's reasoned and supported decision.
+
+Maxwell's reply brief recasts her claim for suppression under Martindell as simply another argument for suppression under due process or the Court's inherent authority. Because, in her view, the Government did not satisfy the requirements of Martindell, its attempt to modify the protective order violated her due process rights. And because, she alleges, the Government misrepresented facts to Judge McMahon, this Court should exercise its inherent authority to suppress evidence as a sanction for governmental misconduct.
+
+The Court is not persuaded. For the reasons set forth above, the Government's application for modification of the protective order did not violate Maxwell's due process rights. Due process does not categorically bar an ex parte modification to a protective order, and Judge McMahon found that the Government had shown extraordinary circumstances to do so. To the extent Maxwell seeks suppression based on an alleged misrepresentation to Judge McMahon, for the reasons set forth above, she has not met the high bar for a due process violation or made the required showing under Franks that would entitle her to an evidentiary hearing. Whether Maxwell advances these arguments under Martindell or directly under due process, they do not support suppression.
+
+# Conclusion
+
+For the foregoing reasons, the Court finds that the Government did not violate Maxwell's constitutional rights when it obtained evidence covered by a protective order in her earlier civil case. It further finds that Maxwell is not entitled to suppression of any evidence or to an
+
+evidentiary hearing. The Court thus DENIES Maxwell's motions to suppress (Dkt. Nos. 133, 139).
+
+SO ORDERED.
+
+Dated: June 25, 2021
+New York, New York
+
+![]()
+
+---
+
+ALISON J. NATHAN
+United States District Judge
\ No newline at end of file
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+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America,
+
+—v—
+
+Ghislaine Maxwell,
+
+Defendant.
+
+USDC SONY DOCUMENT ELECTRONICALLY FILED DOC DATE FILED: 6/25/2021
+
+20-cr-330 (AJN)
+
+OPINION & ORDER
+
+ALISON J. NATHAN, District Judge:
+
+Maxwell moves to suppress evidence obtained through a grand jury subpoena to a law firm involved in earlier civil litigation against her. She contends that because the documents sought by the subpoena were previously subject to a protective order, the Government obtained them in violation of her rights against compelled self-incrimination, against unreasonable searches and seizures, and to due process of law. For the reasons that follow, the Court concludes that the evidence should not be suppressed and that Maxwell is not entitled to an evidentiary hearing.
+
+# I. Background
+
+In late 2015, sued Maxwell for defamation. See v. Maxwell, No. 15-cv-7433 (S.D.N.Y.). alleged that Maxwell defamed her by accusing her of lying about Maxwell and Jeffrey Epstein sexually abusing her. The law firm Boies Schiller Flexner LLP (BSF) represented in the dispute. The parties litigated the case for about two years before signing a confidential settlement agreement.
+
+Early in the civil litigation, one of the attorneys representing approached an Assistant United States Attorney (AUSA) in the Southern District of New York and requested a meeting to provide the Government information on possible criminal conduct. The AUSA met with three attorneys who represented on February 29, 2016. The AUSA's notes from the meeting reflect that it focused primarily on Epstein. However, the notes also identify Maxwell as Epstein's "head recruiter" of underage girls. The attorneys sent a few follow-up emails to the AUSA in the following weeks. The United States Attorney's Office did not pursue a criminal investigation at that time.
+
+Maxwell claims based on a New York Daily News article published in October 2020 that a second meeting took place between federal prosecutors and a principal of BSF in the summer of 2016. The Government has represented to the Court that the AUSA who participated in the February 29, 2016 meeting did not participate in a second meeting with BSF attorneys and that the Government has "uncovered no evidence that such a meeting ever occurred." Dkt. No. 204, at 92. However, for purposes of deciding this motion, the Court assumes that it occurred.
+
+About two weeks after the February 29, 2016 meeting, the judge presiding over the civil case entered a protective order that allowed the parties in that case to designate documents produced in discovery as confidential. See Dkt. No. 134-1. That order prohibited the parties from disclosing confidential documents to anyone other than people involved in the case. Although BSF initially proposed language that would allow disclosure of documents to law enforcement without a court order, the final version of the protective order included no such exception. The protective order did not require the parties to obtain the court's approval to mark a document as confidential. It allowed the court to modify the order at any time for good cause after notice to the parties. It also allowed the parties to use any confidential information at trial, at which point that information would become public. It required the parties to return or destroy confidential records after the case ended.
+
+Following entry of the protective order, Maxwell testified in two depositions in the civil case. The parties designated the depositions as confidential under the protective order. Counts five and six of the SI superseding indictment in this case (and counts seven and eight of the S2 superseding indictment) charge that Maxwell made false statements under oath in each of the depositions.
+
+The Government represents that the Office of the U.S. Attorney for the Southern District of New York formally opened its investigation into Epstein on November 30, 2018, following a series of articles in the Miami Herald about Epstein's conduct and the lenient plea deal he received in the Southern District of Florida. The same day, the AUSA who attended the February 2016 meeting forwarded the emails she received from attorneys in the civil case to the prosecutors working on the fledgling investigation. There is no indication that she was involved in the decision to begin the investigation into Epstein in 2018.
+
+About two months later, the Government served a grand jury subpoena on BSF seeking to obtain documents for its investigation of Epstein. BSF informed the Government that many of the requested documents fell under the protective order. The Government then applied for an ex parte order modifying the protective order to allow BSF to comply with the subpoena. The Government made a second, similar application in connection with a protective order in a different case.
+
+The judge who presided over the civil case passed away in March 2019, and so then-Chief Judge McMahon heard the Government's ex parte application. In a hearing on March 26, 2019, Judge McMahon explained that she believed the Second Circuit's decision in Martindell v. International Telephone & Telegraph Coip., 594 F.2d 291 (2d Cir. 1979), governed the Government's application. Martindell held that a party should not provide documents subject to
+
+a protective order to the Government absent a formal motion or subpoena. It further held that a court should modify a protective order that a party reasonably relied on only if the order had been improvidently granted or upon a showing of extraordinary circumstances or compelling need.
+
+Judge McMahon held a second ex parte hearing on April 9, 2019. At that hearing, citing a district court case called Chemical Bank for the proposition that civil litigants ought not foment criminal investigations against their opponents to gain strategic advantage, she asked the Government about contacts between the U.S. Attorney's Office and BSF on the subject of the Government's investigation. The Government explained that BSF had informed the Government that some of the documents the Government sought were covered by a protective order. The Government did not mention any of the communications with BSF attorneys in 2016.
+
+Judge McMahon issued a sealed order granting the Government's application followed by a sealed opinion dated April 9, 2019. In the opinion, she explained that Martindell governed the Government's application, but that two of the Martindell factors supported modification of the protective order. First, Maxwell did not reasonably rely on the protective order because it was subject to modification. Second, the Government had shown extraordinary circumstances supporting modification of the protective order because it could not otherwise obtain information about the high-profile targets of its investigation without tipping them off. Magistrate Judge Netbum denied the Government's similar application in another case, applying the same standard but concluding that the Government had not shown extraordinary circumstances or compelling need.
+
+Following Judge McMahon's order, BSF turned over its records from the civil litigation to the Government. Those documents included transcripts of Maxwell's depositions. The
+
+Second Circuit later held that the court in the civil case withheld far too many documents from public view and ordered that many of them be made publicly available. Brown v. Maxwell, 929 F.3d 41, 53 (2d Cir. 2019). Much of what the Government obtained through its subpoena, including the bulk of the deposition transcripts Maxwell now seeks to suppress, have since been unsealed by court order in the civil case. See , No. 15-cv-7433, Dkt. Nos. 1137, 1212.
+
+# II. Discussion
+
+Maxwell objects both to the Government obtaining documents covered by the protective order and to the Government's conduct in doing so. She contends that she agreed to testify in the civil case only because of the protective order, and thus that the Government's use of her deposition testimony against her would violate her right against compelled self-incrimination. She contends that she had a reasonable expectation of privacy in the documents covered by the protective order, and thus that the Government should not have been able to obtain them without a warrant. And she contends that the Government circumvented the requirements of Martindell and violated her due process rights by misleading Judge McMahon about the Government's prior communications with BSF.
+
+The Court finds that none of these arguments support suppression of evidence or justify an evidentiary hearing. The Court begins with Maxwell's claim that the Government violated her right against compelled self-incrimination by obtaining her deposition testimony from the civil case. It next turns to her claim that the Government violated her right against unreasonable searches and seizures. Finally, it addresses Maxwell's claim that the Government misled Judge McMahon in seeking modification of the protective order in the earlier civil case.
+
+### A. The Government did not violate Maxwell's right against self-incrimination
+
+The Fifth Amendment provides that "[n]o person . . . shall be compelled in any criminal case to be a witness against himself." U.S. Const. amend. V. "The [Supreme] Court has held repeatedly that the Fifth Amendment is limited to prohibiting the use of 'physical or moral compulsion' exerted on the person asserting the privilege." Fisher v. United States, 425 U.S. 391, 397 (1976) (quoting Perlman v. United States, 247 U.S. 7, 15 (1918)). It does not prohibit the Government from using a defendant's voluntary statements in a subsequent criminal prosecution.
+
+To establish a violation of the right against compelled self-incrimination, Maxwell must "demonstrate the existence of three elements: I) compulsion, 2) a testimonial communication, and 3) the incriminating nature of that communication." In re Grand Jury Subpoena, 826 F.2d 1166, 1168 (2d Cir. 1987). Maxwell contends that the Government violated her right against compelled self-incrimination by obtaining copies of her deposition transcripts from her earlier civil case. She acknowledges that she could have, but did not, invoke her Fifth Amendment rights to avoid providing incriminating testimony. See, e.g., Pillsbury Co. v. Conboy, 459 U.S. 248, 263-24 & n.24 (1983). However, she contends that she testified only because she believed the protective order in that case would prevent the Government from obtaining her testimony and using it in a subsequent criminal case against her.
+
+Second Circuit precedent expressly forecloses Maxwell's argument. "A Rule 26(c) protective order, no matter how broad its reach, provides no guarantee that compelled testimony will not somehow find its way into the government's hands for use in a subsequent criminal prosecution." Andover Data Servs. v. Stat. Tabulating Corp., 876 F.2d 1080, 1083 (2d Cir. 1989). As the Second Circuit has explained, a civil protective order may (as here) be overturned or modified by another court in another proceeding. Id. A civil protective order may (as here) be limited by its terms to pretrial proceedings, in which case the parties must expect that confidential documents will come to light as the case progresses. See In re Agent Orange Prod. Liab. Litig., 821 F.2d 139, 147 (2d Cir. 1987); Dkt. No. 134-1 ¶ 13. A court may (as here) unseal documents covered by a civil protective order in the public interest. See Brown, 929 F.3d at 47; v. Maxwell, 827 F. App'x 144, 145 (2d Cir. 2020); Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). Civil litigants have neither a reasonable basis nor legal entitlement to rely on a civil protective order against the use of their testimony in a subsequent criminal proceeding.
+
+Maxwell thus has failed to establish the first and most fundamental element of a violation of her right against compelled self-incrimination: compulsion. Because the protection typically afforded by a civil protective order is both porous and ephemeral, the Second Circuit has held that "a non-consenting witness may not be forced to answer potentially incriminating questions in reliance upon such an order." Andover, 876 F.2d at 1084. Maxwell was free to assert her Fifth Amendment rights in her civil case and refuse to offer incriminating testimony. Longstanding precedent made clear that if she did not do so, the Government could use any such testimony that it learned of against her in a later criminal case. Because the Government did not compel Maxwell to offer incriminating testimony, it did not violate her right against compelled self-incrimination.
+
+Maxwell's alternative argument that BSF's act of turning over her deposition transcripts was itself compelled testimony is likewise without merit. The Supreme Court has held that the act of producing documents in response to a subpoena implicates the Fifth Amendment only in narrow circumstances—when the existence of responsive documents, rather than their content, is
+
+inculpatory. Fisher, 425 U.S. at 410-11. This is no such case. The existence of deposition transcripts in Maxwell's civil case is not inculpatory. It is the content of those transcripts that is at issue.
+
+In the face of these straightforward precedents, Maxwell relies primarily on a single district court case decided the year before the Second Circuit's decision in Andover that quashed a subpoena for deposition testimony covered by a civil protective order. See Dkt. No. 140, at 16-17 (citing United States v. Oshatz, 700 F. Supp. 696 (S.D.N.Y. 1988)); Dkt. No. 212, at 12- 13 (same). Oshatz does not suggest that the use of civil deposition testimony in a subsequent criminal trial would violate a defendant's right against compelled self-incrimination—and if it did, that view would be plainly inconsistent with the Second Circuit's later, precedential opinions. Instead, the case simply describes the standard for whether a court should modify a protective order to allow a government subpoena. Maxwell cites no case in which a court has suppressed evidence because another court erred in modifying a protective order. Even if Maxwell were right that the protective order should not have been modified, it would not transform her earlier deposition testimony into the product of coercion.
+
+The Government would also be entitled to use Maxwell's deposition testimony against her in her perjury trial notwithstanding any violation of her right against compelled selfincrimination. The Supreme Court has held that a defendant may be prosecuted for false statements in unlawfully compelled testimony. See United States v. Wong, 431 U.S. 174,179 (1977); United States v. Knox, 396 U.S. 77,82 (1969). As in Knox, Maxwell seeks to suppress her deposition transcripts not because they are inculpatory "for a prior or subsequent criminal act" but because her statements in those depositions were themselves allegedly criminal. Knox, 396 U.S. at 82. In these circumstances, the Fifth Amendment does not bar the Government's use of her testimony in a prosecution for perjury.
+
+The Court thus concludes that Maxwell is not entitled to suppress her deposition transcripts based on her right against compelled self-incrimination.
+
+#### B. Maxwell had no reasonable expectation of privacy in documents produced in civil litigation
+
+"The Fourth Amendment protects `[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.'" Carpenter v. United States, 138 S. Ct. 2206, 2213 (2018) (alteration in original) (quoting U.S. Const. amend. IV). Government activity qualifies as a search under the Fourth Amendment only if it involves a physical intrusion into a constitutionally protected space or the violation of a person's "reasonable expectation of privacy." United States v. Jones, 565 U.S. 400, 406-07 (2012) (quoting Katz v. United States, 389 U.S. 347, 360 (1967) (Harlan, J., concurring)). Thus, government agents need a warrant to rummage through someone's home, listen in on their phone calls, or search through their phones seized incident to arrest. The Fourth Amendment imposes no limitation on their ability to gather evidence of public activity or review public records.
+
+A person has a reasonable expectation of privacy only if they seek to keep something private and have an objectively reasonable expectation that it will remain private. Smith v. Maryland, 442 U.S. 735, 740 (1979). The Supreme Court has held that people generally lack a reasonable expectation of privacy in information they voluntarily disclose to others. See id. at 743-44; United States v. Miller, 425 U.S. 435, 440 (1976). This is true even if they expect that information to be safeguarded and used only for specific purposes. Thus, the Supreme Court has held that police may obtain bank records or a list of phone numbers a person has dialed without a warrant. Smith, 442 U.S. at 742; Miller, 425 U.S. at 440. In a lone exception to this rule, the
+
+Supreme Court has held that people have a reasonable expectation of privacy in geographical information obtained from their cell phones, because that information provides a comprehensive account of a person's movements akin to invasive physical surveillance. See Carpenter, 138 S. Ct. at 2219-20.
+
+Under this standard, Maxwell had no reasonable expectation of privacy in the documents produced during the civil litigation. Those documents may not have been public, but they were hardly private. The protective order allowed them to be shared freely with each of the following categories of people:
+
+- The parties to the case.
+- Attorneys involved in the case.
+- People employed by or associated with attorneys involved in the case.
+- Expert witnesses.
+- Fact witnesses.
+- Potential witnesses.
+- Court personnel and stenographers.
+
+It also allowed any documents to be publicly used at trial. This is not a case like Carpenter where new technology has allowed police to access heretofore "unknowable" information about a person's private life. Id. at 2218. This is a case where Maxwell shared information with third parties through the routine process of civil litigation and now objects that they shared it with the Government, too.
+
+Second Circuit precedent makes clear that Maxwell had no reasonable expectation that documents covered by the protective order would remain shielded from view of the public or prosecutors. The Second Circuit has cautioned civil litigants that a civil protective order is no guarantee against the use of evidence in a subsequent criminal prosecution. See Andover, 876 F.2d at 1083. Second Circuit precedent allows a court in a subsequent proceeding to modify a protective order. Id. And if confidential materials turn out to be relevant to a court's ruling, Second Circuit precedent creates a strong presumption that they will be made public notwithstanding any protective order. See Lugosch, 435 F.3d at 126. These are not remote or theoretical possibilities. Each of them predictably came to pass in this case. See Brown, 929 F.3d at 48 & n.22; 827 F. App'x at 145. It is "unrealistic" to believe that deposition testimony central to a civil case of high public interest will remain effectively sealed indefinitely. Andover, 876 F.2d at 1083.
+
+Maxwell claims that she did not expect the Government to be able to obtain her deposition testimony, and that if she knew it would, she never would have testified. If Maxwell subjectively harbored this belief, it was nonetheless unreasonable. See Smith, 442 U.S. at 743. The Court further notes that Maxwell was ably represented by a number of attorneys during the civil litigation, who the Court is confident were familiar with the precedents governing protective orders and public access to judicial documents.
+
+Because Maxwell had no reasonable expectation of privacy in documents shared with third parties during the civil case, the Government did not engage in a search when it obtained those documents from a third party by subpoena. Maxwell also makes a half-hearted argument that obtaining those documents was a seizure of her personal property. Copies of documents held by a law firm that represented Maxwell's adversary in a civil case were not Maxwell's personal property. Thus, the Government engaged in neither a search nor a seizure, and so it did not violate Maxwell's Fourth Amendment right against unreasonable searches and seizures.
+
+The Government also contends that even if it improperly obtained documents pursuant to the grand jury subpoena, the Court should not suppress those documents because the Government acted in good faith and would have obtained the documents anyway. See Nix v.
+
+Williams, 467 U.S. 431, 446 (1984); United States v. Leon, 468 U.S. 897, 922 (1984). The Court agrees that, at the very least, the exception to the exclusionary rule for inevitable discovery applies to the documents that have since been unsealed and made public in the civil case. But because the Court finds no violation of the Fourth Amendment, it concludes that none of the documents should be suppressed.
+
+#### C. Maxwell is not entitled to suppression under due process or the Court's inherent authority
+
+Maxwell next argues that the materials must be suppressed because the Government violated her due process rights in obtaining them. The gravamen of this claim is that the Government misrepresented its prior contacts with BSF to Judge McMahon. Maxwell contends that this misrepresentation violated her due process rights, or alternatively that the Court should exercise its inherent authority to suppress the evidence obtained through the subpoena as a sanction for governmental misconduct. She contends that even an inadvertent misstatement to a court requires suppression of evidence obtained as a result. She further seeks an evidentiary hearing to explore whether any misrepresentation by the Government in that hearing was intentional.
+
+The Supreme Court has recognized that federal courts have a limited inherent authority to suppress evidence obtained in "willful disobedience of law." United States v. Payner, 447 U.S. 727, 735 n.7 (1980) (quoting McNabb v. United States, 318 U.S. 332, 345 (1943)). But it has also cautioned that courts must exercise this power with restraint. Id. Thus, "the court should not exercise its inherent or supervisory power `as a substitute for Fourth Amendment jurisprudence!" United States v. Lambus, 897 F.3d 368, 401 (2d Cir. 2018) (quoting United States v. Ming He, 94 F.3d 782, 792 (2d Cir. 1996)). In situations where the Fourth Amendment
+
+or another substantive constitutional provision supplies a standard for the suppression of evidence, courts must follow that standard, not invent their own. See Payner, 447 U.S. at 735.
+
+Maxwell has not established a violation of due process or justified the exercise of the Court's inherent supervisory authority. Not every misstep by the Government during a criminal investigation justifies suppressing relevant evidence. The Supreme Court has repeatedly explained that the exclusionary rule weighs the interest in deterring investigatory misconduct against the truth-seeking function of the judicial process. That balance "do[es] not change because a court has elected to analyze the question under the supervisory power instead of" some other constitutional provision. Id. at 736. Due process provides an independent basis to suppress evidence only when the Government engages in conduct that is "fundamentally unfair or shocking to our traditional sense of justice" or is "so outrageous that common notions of fairness and decency would be offended were judicial processes invoked to obtain a conviction against the accused." United States v. Schmidt, 105 F.3d 82, 91 (2d Cir. 1997) (internal quotation marks omitted). "Ordinarily such official misconduct must involve either coercion or violation of the defendant's person." Id. (citations omitted). This case involves neither. Omitting information about communications with BSF years earlier falls well short of the sort of extreme misconduct supporting suppression as a matter of due process.
+
+To the extent Maxwell asks the Court to engage in a freewheeling exercise of its inherent supervisory power instead, the Court declines to do so. To begin with, suppression under a court's supervisory authority is only appropriate, if at all, when the Government has engaged in "willful disobedience of law." Payner, 447 U.S. at 735 n.7 (emphasis added). Maxwell all but concedes that the present record does not show willful misconduct, contending instead that it "doesn't matter whether the prosecutor knew his statements to Judge McMahon were
+
+misleading. Dkt. No. 134, at 14. In any event, the Court is not without guidance on when a prosecutor's misrepresentation requires a court to suppress evidence. Precedent requires courts to adhere to the standards governing analogous Fourth Amendment claims when asked to suppress evidence under their inherent authority. See Lambus, 897 F.3d at 401-02.
+
+The Supreme Court has set out a clear standard governing when a misrepresentation to a magistrate in a warrant affidavit justifies suppression of evidence obtained as a result. See Franks v. Delaware, 438 U.S. 154 (1978). That standard requires more than an inadvertent misstatement. "To suppress evidence obtained pursuant to an affidavit containing erroneous information, the defendant must show that: (I) the claimed inaccuracies or omissions are the result of the affiant's deliberate falsehood or reckless disregard for the truth; and (2) the alleged falsehoods or omissions were necessary to the issuing judge's probable cause finding." United States v. Canfield, 212 F.3d 713,717-18 (2d Cir. 2000) (cleaned up). The Supreme Court's decision in Franks forecloses the argument that all misstatements to a court—even all intentional misstatements—necessarily require suppression. A defendant cannot circumvent this standard by couching the same arguments in due process or the court's inherent authority instead. See Payner, 447 U.S. at 736.
+
+Franks also defines the standard governing when a defendant is entitled to an evidentiary hearing on a motion to suppress based on the Government's misrepresentation to a court. To justify an evidentiary hearing, a defendant must make a "substantial preliminary showing" of a deliberately or recklessly false statement and that the alleged false statement was necessary to the court's decision. Franks, 438 U.S. at 155. "Allegations of negligence or innocent mistake are insufficient." Id. at 171.
+
+Although Maxwell relied on Franks in her opening brief, she argues in reply that she need not satisfy that standard. See Dkt. No. 134, at 16; Dkt. No. 285, at 23. However, she provides no explanation for why Franks should not apply. To the extent she offers any alternative framework in her reply, it is that an evidentiary hearing is required whenever any factual issue related to a motion to suppress is in dispute. That formulation is far too broad.
+
+The Court agrees with the Government (and the suggestion in Maxwell's opening brief) that Franks provides the appropriate standard for whether Maxwell is entitled to an evidentiary hearing on her motion. To be sure, these cases are not identical. Franks dealt with an alleged false statement in a warrant affidavit. This case involves an alleged false statement in a hearing to modify a protective order to allow a grand jury subpoena. Franks involved a claim under the Fourth Amendment, while Maxwell couches hers in the Fifth. But while not identical, these settings are closely analogous. Each involves alleged misstatements to a court that allowed the Government to obtain evidence. Each presents a risk of a defense fishing expedition where no wrongdoing appears on the face of the Government's application. Each requires balancing similar interests—deterrence of deliberate misconduct on the one hand, and suppression of evidence inevitably discovered or obtained through innocent error on the other. The Second Circuit has already extended Franks past its precise factual context to a motion to suppress based on alleged misrepresentations in a wiretap application. See United States v. Rajaratnam, 719 F.3d 139, 151 (2d Cir. 2013). The Court concludes that Maxwell must at least meet this standard for a similar claim invoking the Court's inherent authority.
+
+Maxwell must thus make a substantial preliminary showing on each of Franks' requirements to justify an evidentiary hearing. United States v. Salamelz, 152 F.3d 88, 113 (2d Cir. 1998). That is, she must first make a substantial preliminary showing that the Government deliberately or recklessly misrepresented facts to Judge McMahon. Second, she must make a substantial preliminary showing that Judge McMahon would have denied the Government's application absent any such misrepresentation. The Court finds that Maxwell has not made a substantial preliminary showing on either prong.
+
+Maxwell's argument here centers on the Government's statements to Judge McMahon during the second proceeding on April 9, 2019, concerning its application to modify the protective order. At that proceeding, Judge McMahon explained that she wanted to make sure the Government's request did not present a similar situation to that in Chemical Bank v. Affiliated FM Ins. Co., 154 F.R.D. 91 (S.D.N.Y. 1994), where a party in civil litigation urged prosecutors to instigate a criminal investigation and then provided confidential documents in violation of a protective order. To that end, she asked the Government to explain "contacts between the United States Attorney's Office and the Boies Schiller firm prior to the issuance of the subpoena on the subject of your investigation." The prosecutor at that hearing informed Judge McMahon about all communications between the U.S. Attorney's Office and BSF after the current investigation began—namely, that the Government told the firm that it intended to make a document request and that the firm told the Government that some of the materials were subject to a protective order. Although the prosecutor was included on an email several months earlier from the AUSA who met with attorneys in 2016, he did not inform Judge McMahon about any communications with BSF before the current investigation began.
+
+Maxwell has not made a substantial preliminary showing that the Government's statement was a deliberate or reckless misrepresentation. The AUSA could reasonably have understood Judge McMahon's question to concern only communications about the Government's current investigation. Maxwell contends that the question asked for any
+
+communications between BSF and the Government related to Epstein or Maxwell. But an equally plausible understanding of the phrase "on the subject of your investigation" is "related to the investigation itself." That interpretation is all the more reasonable in context, because Chemical Bank involved communications between a party subject to a protective order and prosecutors during a pending criminal investigation. See Chemical Bank, 154 F.R.D. at 93. It was not unreasonable for the prosecutor to assume that Judge McMahon was concerned with those sorts of communications, not communications years earlier that did not lead to a criminal investigation. The Government has represented that its present investigation into Epstein (and later Maxwell) began only following publication of the Miami Herald exposé in 2018. Maxwell has made no substantial preliminary showing to the contrary.
+
+The Court also concludes that Maxwell has made no substantial preliminary showing that Judge McMahon would have denied the Government's application to modify the protective order if she knew about the 2016 communications. Materiality under Franks requires more than that a fact be important. It allows suppression only if "the allegedly false statement is necessa?y" to the court's finding. Franks, 438 U.S. at 156 (emphasis added). If Judge McMahon would still have ruled that the Government was entitled to ex pane modification of the protective order even after setting aside the Government's alleged misrepresentation, then Maxwell is not entitled to suppression. Judge McMahon's opinion reflects that she would have.
+
+Judge McMahon's ruling rested on two independent grounds. Analyzing the Government's application under Martindell, she first held that Maxwell could not have reasonably relied on the protective order to keep the Government from obtaining documents produced during the civil litigation. Judge McMahon reasoned that a civil litigant ordinarily may not rely on a protective order subject to modification to keep evidence out of the hands of
+
+prosecutors. As the Court has explained above, this is consistent with the Second Circuit's statement that a protective order "provides no guarantee that [evidence] will not somehow find its way into the government's hands for use in a subsequent criminal prosecution." Andover, 876 F.2d at 1083. Judge McMahon further reasoned that Maxwell could only have reasonably relied on the protective order insofar as it prohibited BSF from fomenting an investigation against her with confidential documents. If Judge McMahon had known of the 2016 meeting, it is arguable—albeit far from certain—that she might have instead concluded that BSF breached Maxwell's reasonable reliance interests.
+
+But Judge McMahon also held that the Government had shown extraordinary circumstances justifying ex parte modification of the protective order. She observed that modification of the protective order would serve a "significant public interest" and that the Government had demonstrated good cause to obtain the sought materials through a grand jury subpoena without alerting potential targets of its criminal investigation. Extraordinary circumstances or compelling need provide a sufficient, independent basis to modify a protective order under Martindell notwithstanding the parties' reasonable reliance on that order. See Minpeco S.A. v. Conticommodity Servs., Inc., 832 F.2d 739, 742 (2d Cir. 1987) (citing Martindell, 594 F.2d at 296). Thus, even assuming that the Government should have told Judge McMahon about communications with BSF in 2016, and even assuming that information was material to her analysis of Maxwell's reasonable reliance on the protective order, Judge McMahon would still have granted the Government's application. Because the Government's alleged misrepresentation was not necessary to Judge McMahon's ruling, it cannot support suppression under Franks.
+
+The Court thus finds that Maxwell has not made a substantial preliminary showing under either prong of Franks, and thus that she is not entitled to an evidentiary hearing. For the same reasons, and because the present record does not establish a violation of due process, the Court declines to suppress the evidence obtained by the Government's grand jury subpoena.
+
+## D. Martindell provides no independent basis for suppression
+
+The Court turns finally to Maxwell's argument that Martindell provides an independent basis for suppression. Maxwell cites no authority in her opening brief for the proposition that a court may suppress evidence because it disagrees with another court's decision to modify a protective order under Martindell. Indeed, there is no such authority. No court has ever granted a motion to suppress on this ground. The Court declines to review Judge McMahon's decision, because Martindell provides no basis to suppress evidence even if this Court were to disagree with it.
+
+Even if Maxwell were right that this Court should review Judge McMahon's decision on the merits, that decision—like a magistrate's probable cause determination—would be entitled to "great deference." Leon, 468 U.S. at 914. Courts will uphold another judge's decision to allow the Government to obtain evidence on a motion to suppress so long as there is a "substantial basis" for the decision. Salameh, 152 F.3d at 113 (quoting Illinois v. Gates, 462 U.S. 213, 238- 39 (1983)). Judge McMahon found that the Government had established exceptional circumstances to modify the protective order based on the factual record before her. Judge McMahon concluded that modification was necessary under the circumstances to allow the Government to investigate a high-profile matter in secrecy and so not to tip off the target of the investigation. Although reasonable minds may differ—indeed, Judge Netbum reached the opposite conclusion—there was a substantial basis for Judge McMahon's decision and it is thus
+
+entitled to deference. As discussed, the Court is aware of no authority suggesting review of Judge McMahon's modification order is necessary or appropriate in these circumstances. If necessary, the Court would afford it deference and would not disturb Judge McMahon's reasoned and supported decision.
+
+Maxwell's reply brief recasts her claim for suppression under Martindell as simply another argument for suppression under due process or the Court's inherent authority. Because, in her view, the Government did not satisfy the requirements of Martindell, its attempt to modify the protective order violated her due process rights. And because, she alleges, the Government misrepresented facts to Judge McMahon, this Court should exercise its inherent authority to suppress evidence as a sanction for governmental misconduct.
+
+The Court is not persuaded. For the reasons set forth above, the Government's application for modification of the protective order did not violate Maxwell's due process rights. Due process does not categorically bar an ex parte modification to a protective order, and Judge McMahon found that the Government had shown extraordinary circumstances to do so. To the extent Maxwell seeks suppression based on an alleged misrepresentation to Judge McMahon, for the reasons set forth above, she has not met the high bar for a due process violation or made the required showing under Franks that would entitle her to an evidentiary hearing. Whether Maxwell advances these arguments under Martindell or directly under due process, they do not support suppression.
+
+# Conclusion
+
+For the foregoing reasons, the Court finds that the Government did not violate Maxwell's constitutional rights when it obtained evidence covered by a protective order in her earlier civil case. It further finds that Maxwell is not entitled to suppression of any evidence or to an
+
+evidentiary hearing. The Court thus DENIES Maxwell's motions to suppress (Dkt. Nos. 133, 139).
+
+SO ORDERED.
+
+Dated: June 25, 2021
+New York, New York
+
+![]()
+
+---
+
+ALISON J. NATHAN
+United States District Judge
\ No newline at end of file
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+From: "I To: "I (USANYS)" Subject: RE: estate liquidation Date: Tue, 19 May 2020 12:25:28 +0000 >, " (USANYS)"
+
+Good for me. We can call you then.
+
+From ‹ > Sent: Tuesday, May 19, 2020 8:09 AM To: (USANYS) < Cc: (USANYS) Subject: Re: estate liquidation
+
+I can't do 10. I could probably do 11.
+
+On May 19, 2020, at 7:58 AM, (USANYS) < > wrote:
+
+Me too. 10? 11?
+
+Sent from my iPhone
+
+On May 18, 2020, at 6:57 PM, (USANYS) < > wrote:
+
+Good for me.
+
+Sent from my iPhone
+
+On May 18, 2020, at 5:54 PM (USANYS) < > wrote:
+
+Sure. Perhaps tomorrow morning?
+
+From: (USANYS) Sent: Monday. May 18. 2020 4:46 PM To: Cc: Subject: FW: RE: estate liquidation
+
+See below re: Epstein properties. If you have some time, I'd like to talk whether/how best to elevate.
+
+From: Sent: Monday, May 18, 2020 4:18 PM To: (USANYS) Cc: Subject: RE: estate liquidation (USANYS)
+
+We wanted to follow up on our email from May 2 about the estate letting us know that they plan to move forward with taking steps to prepare for sales of the New York and Florida properties, particularly in light of the estate's upcoming tax deadline. The trustees' counsel contacted us today to follow up on that and to let us know that they expect to start taking those steps formally in the near future, including by retaining a broker and listing the New York property.
+
+As we mentioned in that prior email, the estate tried to get the IRS to hold off on the tax enforcement until the estate settles its (massive) contingent liabilities, but the IRS is taking the position that the estate has to pay the taxes and then recoup any overpayment based on the subsequent expenditures on liabilities that would have retroactive tax implications. And in particular for the New York house, they think there may be interest from museums in purchasing that property. The attorneys wanted to let us know so we weren't taken by surprise in the event their initial steps are picked up by media. As always, we think it would be productive to engage with the estate to start the ball rolling on whatever the Office wants to achieve (this being one of the subjects where perhaps there's an ultimate goal we're not privy to), but in the meantime we've continued to only receive information from the estate.
+
+In any event, we wanted to make sure that the brass was updated on this, as well as the info we conveyed previously, and please let us know if there's anything Geoff wants us to convey to them.
+
+thanks,
+
+Assistant U.S. Attorney Southern District of New York
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+From: To: (USANYS) [Contractor]" USANYS - SANYS
+
+Subject: Epstein Call Tomorrow
+
+Date: Thu, 21 May 2020 13:10:29 +0000
+
+All,
+
+I've been asked to set up a call with all of you and the brass for tomorrow. llam or 1pm would work best for them. Do either work for all of you?
+
+Thanks,
\ No newline at end of file
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+**From:** [REDACTED] (USANYS) [Contractor]" < [REDACTED] >
+**To:** [REDACTED] (USANYS)" < [REDACTED] >, [REDACTED] (USANYS)"
+ < [REDACTED] >, [REDACTED] (USANYS)" < [REDACTED] >, [REDACTED]
+ [REDACTED] (USANYS)" < [REDACTED] >, " [REDACTED] (USANYS)"
+ < [REDACTED] >, " [REDACTED] (USANYS)" < [REDACTED] >, [REDACTED]
+ " [REDACTED] )" < [REDACTED] >, " [REDACTED] )"
+ [REDACTED] )" < [REDACTED] >, " [REDACTED] )"
+
+**Subject:** Epstein Call
+
+**Date:** Thu, 21 May 2020 13:34:24 +0000
+
+**Importance:** Normal
+
+**Attachments:** unnamed
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+Start Date: 2020-05-22 17:00:00 +0000
+
+End Date: 2020-05-22 18:00:00 +0000
+
+Organizer: (USANYS) [Contractor] <
+
+Location: 877-720-9282 - 8146826
+
+Class: X-PERSONAL
+
+Date Created: 2020-05-21 13:54:26 +0000
+
+Date Modified: 2020-05-21 13:54:26 +0000
+
+Priority: 5
+
+DTSTAMP: 2020-05-21 13:34:21 +0000
+
+Attendee: (USANYS) ) < USANYS USANYS) < (USANYS) USANYS)
+
+Alarm: Display the following message 15m before start
+
+Reminder
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+From: "MM. (USANYS)" To: "r (USANYS)" Cc: ' (USANYS)"
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+Date: Fri, 22 May 2020 22:27:10 +0000
+
+Thanks for the further info. With apologies, I now think was right in the first place: if plaintiffs ask us for the does and we don't have them then I guess it does make most sense for us to simply say, we don't have them, try SDFla and/or NDGA. SDFLa and NDGA may say, pound sand, and if plaintiffs subpoena one or the other of those districts, then we see if the subpoenaed district Touhy-refers the subpoena to Geoff as the "responsible" USA, and take it from there. So I am OK with plan for dealing with plaintiff's further requests as he outlines in his May 20 email.
+
+From:
+
+Sent: Friday, May 22, 2020 5:37 PM
+
+To: (USANYS) ; S =(usANYs)< >
+
+Cc: ) < >; (USANYS)< >: (USANYS)
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+We do possess the FBI investigative files from the SDFL investigation. What we do not have, and avoided obtaining for a variety of reasons (including conflict issues, discovery issues, and a desire not to create even an appearance that we were stepping into the shoes of a district that was unable to prosecute due to the prior non-prosecution agreement) are any files specifically from the U.S. Attorney's Office in SDFL. As relevant here, for example, we do not have any materials relating to the purported immunity discussions relating to we have not identified any such materials in the FBI files, and we assume that any discussions or correspondence on that issue likely would have been between defense counsel and the SDFL USAO.
+
+On the civil side, I can't immediately think of a reason you guys shouldn't be able to make a request to either SDFL or NDGA, whichever is the right entity, for any such materials. We've just avoided literally any contact with SDFL on the criminal side.
+
+Let us know if any additional questions on this at all, we realize it's a little complex.
+
+From: (USANYS) <
+
+Sent: Friday, May 22, 2020 17:16
+
+To: (USANYS) (USANYS) (USANYS)
+
+Cc: <
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+Understood. Thanks, M. thought this approach was reasonable, but I'll check with too. Overall, I don't think we have a ton of precedent for referring folks to another USAO on a Touhy, and certainly not to a third USAO in the referral context.
+
+Some information that might be useful in this that I don't have a complete understanding of—are the materials from the S.D. Fla. investigation available to us? As in, have we ever seen or used them? If not, is there a particular reason for that? We may be in the odd situation of technically having some purview over those materials by virtue of the Touhy regs, but without access to them. But please let me know if I'm overlooking some dimension of our cooperation (if any) with the other USAOs.
+
+Thanks,
+
+From: (USANYS)
+
+Sent: Friday, May 22, 2020 4:34 PM
+
+To: (USANYS) > (USANYS)
+
+Cc: > ) <->;
+
+(USANYS) <
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+I have some hesitation on just referring them to NDGa for the SDFla investigative stuff. First, under Touhy section 16.22(b), the responsible USA is the USA for the district "where the issuing authority" is located. They actually have an action filed in this district, no? Like it or not, we may be stuck with dealing with their requests for does from the Florida investigation. , you might want to consult wiser Touhy heads in civ div, like for instance. Also, it is possible that Touhy does not fall within the scope of SDFla's recusal. I can't see NDGA racing to embrace doing Touhys on this.
+
+From: (USANYS) <
+
+Sent: Wednesday, May 20, 2020 7:24 PM
+
+To: M = (USANYS) ; (USANYS) <
+
+(USANYS)
+
+Cc: <->;
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+All,
+
+Closing the loop on this: we produced documents responsive to an Epstein victim's Touhy request about a month ago. The requesters got back to us (by phone) with a fairly lengthy list of follow-up questions about what we produced and additional/related demands. We don't have much responsive to many of their follow-ups, or do not think it would be appropriate to produce additional material they're seeking—for example, materials that are part of the ongoing investigation. MI and I intend to have a call with requester's counsel to explain to them that we will not be producing anything further at this time. At this point, we don't plan to send them anything else in writing.
+
+One small wrinkle: they have asked us for materials from S.D. Fla.'s investigation (which we don't have) and asked whether they need to submit a separate request to that office. We intend to tell them that N.D. Ga. has stepped into the shoes of S.D. Fla. For Epstein purposes, that they can submit a request there (or to S.D. Fla.) for the materials they're seeking, and possibly provide them with a contact at N.D. Ga. if they ask.
+
+Please let us know if you have any concerns. We hope that this will be the last step on this request.
+
+Thanks,
+
+To: (USANYS) < (USANYS) (USANYS) Cc: ) Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+I take it we fully know that Jane Doe is
+
+I had a little pause on handing out the GJ subpoena, but since it's something previously disclosed to her, I can't see much of a problem disclosing it to her again.
+
+So I don't have a problem with you sending this out. Thanks for your work on this,
+
+From: (USANYS) Sent: Thursday, April 16, 2020 7:07 PM To: S (USANYS) (USANYS) Cc: < Subject: RE: Jeffrey Epstein-Related Touhy Requests (USANYS) )
+
+All,
+
+Please find attached a letter responding to the Touhy request for documents related to Jeffrey Epstein submitted by a victim who is a plaintiff in a civil suit against Epstein's estate. I am also attaching the documents to be produced in response to the request. Please let me know if you have any edits or concerns. If not, I plan to contact requester's counsel next week, let them know about the production, and send them the letter and the documents. I'm also attaching their request letter here. (M, M, and are signed off on the letter and gathered the documents.)
+
+Thanks,
+
+From: Sent: Friday, January 3, 2020 8:49 PM To: (USANYS) Cc: S (USANYS) Subject: RE: Jeffrey Epstein-Related Touhy Requests c >; (USANYS) ; (USANYS)
+
+Thanks very much for drafting this, and I think generally it looks great. My only small thought would near the end, in the penultimate paragraph, where I'd suggest replacing the first two sentences with (something like): "My understanding is that you may intend to make a formal written request pursuant to the above-described regulations. [If you choose to submit . .]" I say that only because the current language makes it sound like they were supposed to submit something in writing, or that they otherwise erred, when in fact what they actually asked for was just an explanation of the appropriate form in which to make a formal request—which they can do consistent with the regulations set forth in the letter. Does that sound alright? And of course on any of these I also entirely defer to =.
+
+From: (USANYS) <
+
+Sent: Friday, January 03, 2020 12:55
+
+To:
+
+Cc: (USANYS) ; (USANYS) (USANYS)
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+All,
+
+Please find attached an initial letter to Kaplan Hecker re: the request for information related to Epstein. Please let me know if you have any edits or concerns. Once I have sign-off, I'll send to Robbie Kaplan (by mail and at or let me know if I should use a different address).
+
+M, assuming there are not huge changes to be made here, I think the letter/email could just go out as the next contact with Robbie on this, but I leave it up to you if/how you want to separately give her notice that it's on the way.
+
+Thanks,
+
+From: (USANYS)
+
+Sent: Thursday, January 2, 2020 7:16 PM
+
+To:
+
+Cc: a, (USANYS) (USANYS) (USANYS)
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+All sounds good to me—thanks for the call and note. I'll circulate a draft of the initial letter.
+
+Thanks,
+
+From:
+
+Sent: Thursday, January 2, 2020 7:10 PM
+
+To: (USANYS)
+
+Cc: (USANYS) >; (USANYS) (USANYS)
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+\_•
+
+Thanks for talking with me this evening about this, we appreciate it. To briefly memorialize our discussion, and to loop in everybody on the case on the criminal side, you'll be the point person for requests from civil plaintiffs / victims in connection with Epstein lawsuits, and we'll work with you on those requests given our knowledge of the relevant facts and materials.
+
+In terms of this first question from the plaintiff, which was essentially presented as a question of how they should go about making a request for certain materials possibly in the possession of the Government, we'll plan to take a look at the letter you draft that will essentially set forth the requirements for making a Touhy request (e.g., similar to, or including, the kind of information in example below), and separately sometime early next week I'll let plaintiff's counsel (Robbie Kaplan at Kaplan & Hecker) know that they can expect to hear from someone in our Civil Division, within approximately a week or so (of when that conversation occurs), and that we anticipate that communication will include the relevant requirements of making such a request.
+
+Please let me know if I'm forgetting anything, thanks again, and talk soon.
+
+From: (USANYS) •= =>
+
+Sent: Thursday, January 02, 2020 10:01
+
+To: I < >; (USANYS)
+
+Subject: Jeffrey Epstein-Related Touhy Requests
+
+I spoke to about continuing to use as the POC to outsiders for Touh requests for information relating to Jeffrey Epstein. (Thank you , please give a call. FWIW, following is a markup of a "please give us a Touhy statement" email that I have used in the past. anticipates that we will be getting additional renests stemming from civil litigation by alleged victims, so it would be useful to have some consistency here knows that the criminal AUSAs will have to do all the work digging for any pertinent information, but it will be useful to have another AUSA handle the actual communications, particularly since the criminal AUSAs may be dealing with the alleged victims as victim-witnesses in ongoing criminal matters. Thanks again,
+
+Here's some draft language you may or may not find useful:
+
+Dear XXX:
+
+I am the Assistant U.S. Attorney who will be handling the request that you made to AUSA for certain information relating to Jeffrey Epstein. To assist us in evaluating your request, we ask that you provide us with a detailed written statement of the litigation for which you seek this information; the pertinence of the information sought to your litigation; and the availability (or absence) of means in that litigation, including discovery, to obtain the information in question. This statement should be relatively thorough—Le., it should not assume that the persons reviewing your request will have any particular familiarity with the litigation in question.
+
+For your information, following are the general principles that govern disclosure, in unrelated litigation, of information obtained during the course of our official duties. Specifically, the response of federal agencies to subpoenas and other third-party discovery demands is largely governed by Department of Justice regulations, commonly referred to as Touhy regulations. See generally 5 U.S.C.A. § 301; United States a rel. Touhy v. Ragen, 340 U.S. 462 (1951) (authorizing such regulations). These regulations dictate the procedure for obtaining a government employee's testimony or government records in state or federal proceedings. The Department of Justice has its own Touhy regulations that set out the procedure it follows in responding to demands for "production or disclosure" of information from the Department and its employees for use in state or federal court proceedings. See 28 C.F.R. §§ 16.21-16.29. These Touhy regulations channel review of such demands to the responsible United States Attorney, and then provide a set of procedures for the United States Attorney to follow when considering such demands. See id. §§ 16.22(b), 16.24. These regulations apply to both current and former Government employees. See id. §§ 16.21(a), 16.22(a), 16.28. The Department's Touhy regulations prohibit any Department employee from testifying or producing documents in a case in which the Government is not a party, even in response to a subpoena, "without prior approval of the proper Department official in accordance with §§
+
+16.24 and 16.25 of this part.” *Id.* § 16.22(a). For matters concerning our Office, the proper official is the United States Attorney for the Southern District of New York. *Id.* § 16.22(b). To facilitate the process of determining whether such approval will be given, a party seeking such information must provide this Office with an affidavit or written statement setting forth the testimony sought and its relevance to the proceeding for which it is sought. *See id.* § 16.22(c), (d). We will then evaluate the request in light of governing rules of procedure in the case for which the information is sought, substantive law, and privilege; specific statutory prohibitions such as may apply to federal tax information, grand jury matters, or classified information; and the requirement of Deputy or Associate Attorney General approval where the disclosure would identify a confidential source over the objection of the agency or source, would interfere with enforcement proceedings or reveal sensitive investigative techniques, or would reveal trade secrets without the owner’s consent. See 28 C.F.R. § 16.26. To the extent information sought derives from a criminal investigation, such information may be subject to, *inter alia*, the law enforcement privilege. The law enforcement privilege protects against the disclosure of information that would “reveal a confidential source or informant, . . . reveal investigatory records compiled for law enforcement purposes . . . interfere with enforcement proceedings[,] or disclose investigative techniques and procedures . . .” *Id.* § 16.26(b)(4)-(5); *see also In re City of New York*, 607 F.3d 923 (2d Cir. 2010); *In re Dep’t of Investigation of the City of New York*, 856 F.2d 481, 484 (2d Cir. 1988); *Tuite v. Henry*, 181 F.R.D. 175, 176 (D.D.C. 1998) (“The federal law enforcement privilege is a qualified privilege designed to prevent disclosure of information that would be contrary to the public interest in the effective functioning of law enforcement”), *aff’d*, 203 F.3d 53 (D.C. Cir. 1999). The Government’s privilege not to disclose material contained in the files of criminal investigations is well-recognized. *See In re Department of Investigation of the City of New York*, 856 F.2d at 483; *Friedman v. Bache Halsey Stuart Shields, Inc.*, 738 F.2d 1336, 1341 (D.C. Cir. 1984); *Kinoy v. Mitchell*, 67 F.R.D. 1, 11 (S.D.N.Y. 1975) (discussing privilege for files compiled in connection with a criminal investigation). To the extent documents are sought for use in state court proceedings, note that the Department’s decision whether to authorize testimony or produce documents is not reviewable in state court. Review of the agency’s decision may only be had pursuant to the federal Administrative Procedure Act in federal court. *See U.S. EPA v. Gen. Elec. Co.*, 197 F.3d 592, 598-99 (2d Cir. 1999) (review pursuant to Administrative Procedure Act), modified in part, 212 F.3d 689 (2d Cir. 2000); 5 U.S.C. § 702 (sovereign immunity waived to permit Administrative Procedure Act only in “a court of the United States”). Federal sovereign immunity bars any proceeding in state court to enforce a subpoena or otherwise compel testimony or production of documents. *See Louisiana v. Sparks*, 978 F.2d 226, 234-36 (5th Cir. 1992); *Boron Oil Co.*, 873 F.2d at 69-71; *see also*, e.g., *People v. Rodriguez*, 546 N.Y.S.2d 861, 862-63 (1st Dep’t 1989) (holding that “state courts are without authority to compel production of such files without the federal government’s consent”); *People v. Carbonaro*, 427 N.Y.S.2d 701, 702-03 (Kings Co. Sup. Ct. 1980) (quashing subpoena served on federal employee where Department of Justice ordered him not to comply); *Jacoby v. Delfiner*, 51 N.Y.S.2d 478, 479 (N.Y. Co. Sup. Ct. 1944), *aff’d*, 63 N.Y.S.2d 833 (1st Dep’t 1946).
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diff --git a/marker2/ds9/EFTA00087283/EFTA00087283.md b/marker2/ds9/EFTA00087283/EFTA00087283.md
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--- /dev/null
+++ b/marker2/ds9/EFTA00087283/EFTA00087283.md
@@ -0,0 +1,11 @@
+From: ' (USANYS)"
B3
St. Thomas, VI 00802 |
+| Nautilus, Inc. | [REDACTED] | 6100 Red Hook Quarter
B3
St. Thomas, VI 00802 |
+| Estate of Jeffrey E. Epstein | [REDACTED] | 9053 Estate Thomas
#101
St. Thomas, VI 00802 |
+
+... The Estate of Jeffrey E. Epstein and Mated EntitiesCnminal Aetwily Lien January IS. 2020 Page 2
+
+This hold will remain in place until FirstBank receives an Order from a court of appropriate jurisdiction releasing the lien claims upon these accounts set forth in the Notices.
+
+Sincerely.
+
+cc: Christopher A. Krohlin. Esq.
+
+RNDOCT6602l51TR,10F47R102.00CX
+
+## EXHIBIT 2
+
+From: Sent To: Cc Chris Kroblin < Thursday, February 06, 2020 9:06 PM Denise George >
+
+Subject: Re: (EXTERNAL MAIL)Notice of Criminal Activity Lien
+
+Attorney George,
+
+Thanks for the response. Happy to do so.
+
+Best regards,
+
+Chris
+
+Sent from my iPhone
+
+On Feb 6, 2020, at 7:51 PM, Denise George < > wrote:
+
+Good evening Attorney Kroblin:
+
+I just noticed this email correspondence from your legal assistant whose name I did not recognize. Please have Ms. Betz contact my Executive Assistant Jennifer Springette to set a time to meet tomorrow afternoon to discuss this matter.
+
+Have a good evening.
+
+DEMME N. GrOPZE, FAQ. Attorney General Virgin Islands Department of Justice Office of the Attorney General
+
+From: Shauna Betz Sent: Wednesday, Februa 05 20204:33 PM To: Denise Geor e Cc >; Shari D'Andrade Subject: (EXTERNAL MAIL)Notice of Criminal Activity Lien >• Denise Geor e >; Chris Kroblin
+
+From: Sent To: Cc Subiat Denise George Sunday, February 09, 2020 8:15 AM Chris Kroblin GVI v. Epstein Estate et al
+
+Good day Attorney Kroblin,
+
+It was great meeting with you Friday afternoon as we discussed the importance to all concerned for the estate to meet its day to day maintenance expenses and our willingness to accommodate for an immediate release of funds sufficient to pay these expenses so that the executors may continue to manage and preserve estate assets. We eagerly await your response regarding those expenses are costs so we can expeditiously move forward.
+
+You can also expect written correspondence from me on the victims' program fund as a follow up to our brief discussion.
+
+Dom N. Grata, Ess Attorney General Virgin Islands Department of Justice
+
+
+
+### EXHIBIT 4
+
+From: Chris Kroblin < Sent: Monday, February 10, 2020 4:26 PM To: Denise George Cc: Subject: [EXTERNAL MAILIRE:GVI v. Epstein Estate et al
+
+Attorney General George,
+
+We appreciate your recognition of the critical importance of paying the ongoing maintenance expenses of the Epstein Estate. Because the Estate cannot survive the indefinite "hold" placed on the Estate's account at FirstBank as the result of the Criminal Activity Lien Notices recently issued by your office, and because FirstBank has informed us that it will maintain that hold absent "an Order from a court of appropriate jurisdiction releasing the [Government's] lien claims," the Co-Executors have today sought an order from the Superior Court releasing all funds necessary for the routine administration of the Estate and the preservation of its assets.
+
+We received your communication yesterday afternoon regarding the voluntary compensation program proposed by the Co-Executors and endorsed by the Court and claimants' counsel at the hearing on February 4. We will consult with our clients and expect to respond shortly.
+
+Best regards,
+
+Christopher Allen Kroblin
+
+Member KELLERHALS FERGUSON KROBLIN PL.
+
+Direct: Office: Fax: EmaiL tens/Lie lfer.com
+
+Of Counsel to: Solomon Btum Heymann LLP
+
+Notice: This communication may contain privileged or other confidential information If you are not the intended recipient. or believe that you have received this communication in error. please do not print, copy. re-transmit, disseminate. or otherwise use this information. Also. please indicate to the sender that you have received this e-mai: in error, and delete the copy you received Thank you. Circular 230: To ensure compliance with the requirements :mposed by the IRS, we inform you that any tax advice contained in our communication (inducing any attachments) was not intended or wntton to be used. and cannot be used. for the purpose of (i) avoiding any tax penalty or Cu) promoting. marketing or recommending to another party any transaction or matter addressed herein
+
+## EXHIBIT 5
+
+Front Denise George Sent Monday, February 10, 2020 4:39 PM To: Chris Kroblin Cc: Subject: RE: [EXTERNAL MAILIRE:GVl v. Epstein Estate et al
+
+Good day Attorney Kroblin,
+
+Please provide us with a copy of that motion. Thank you.
+
+DEMISE N. Gtoatz, En Attorney General Virgin Islands Department of Justice Office of the Attorney General
+
+
+
+From: Chris Kroblin < Sent: Monday, Februa To: Denise Geo e Cc 10, 2020 4:26 PM Subject: (EXTERNAL MAIL)RE: GVI v. Epstein Estate et al
+
+Attorney General George,
+
+We appreciate your recognition of the critical importance of paying the ongoing maintenance expenses of the Epstein Estate. Because the Estate cannot survive the indefinite "hold" placed on the Estate's account at FirstBank as the result of the Criminal Activity Lien Notices recently issued by your office, and because FirstBank has informed us that it will maintain that hold absent "an Order from a court of appropriate jurisdiction releasing the [Government's] lien claims," the Co-Executors have today sought an order from the Superior Court releasing all funds necessary for the routine administration of the Estate and the preservation of its assets.
+
+We received your communication yesterday afternoon regarding the voluntary compensation program proposed by the Co-Executors and endorsed by the Court and claimants' counsel at the hearing on February 4. We will consult with our clients and expect to respond shortly.
+
+From: Chris Kroblin < Sent Monday, February 10.2020 5:45 PM To: Denise Georoe Cc Subject Attachments: [EXTERNAL MAIL]RE: [EXTERNAL MAIL]RE: GVI v. Epstein Estate et al DS Emergency M for Order Releasing Funds for Administration.pdf
+
+Please see the attached.
+
+Best regards,
+
+Christopher Allen Kroblin
+
+Member KELLERHALS FERGUSON KROBLIN PLLC Ro al Palms Professional Buildin
+
+Direct Office: Fax Email•
+
+Of Counsel to: Solomon Blum Heymann LLP
+
+Notice: This communication may contain privileged or other confidential information. If you are not the intended redPient. Of believe that youhave received this communication In trot please do not print. copy. re-transmit flisseminele. or When\*, use this ififOrrnatiOn. Also, please indicate to the sender that you have received this canal in error. and delete the copy you received. Thank you. Circular 230: To ensure compliance with the requirements imposed by the RS. we Infomi you that any tax advice contained in ow cornmunkation (including any anachmente)was not Intended or written to be used, and cannot be used. (or the purpose o( (q avoiding any tax penalty or (II) promoting. marketing or reconvnencling to another party any transaction or matter addressed heron.
+
+From: Denise George Sent: Monday, Februa 10, 2020 4:39 PM To: Chris Kroblin Cc Subject: RE: [EXTERNAL MAILIRE: GVI v. Epstein Estate et al
+
+Good day Attorney Kroblin,
+
+# Exhibit 6
+
+From:
+
+Sent: Monday, February 0, 202010:19 AM
+
+To: r. Kr lIn
+
+Cc: Denise George
+
+Subject: 2-10-2020 Letter to Christopher Kroblin (Estate of Jeffrey E. Epstein)
+
+Attachments: 02-10-2020 Letter to Christopher Kroblin (Estate of Jeffrey E. Epstein).pctf
+
+Tracking: Recipient Delivery Read
+
+Chris Kroblin
+
+Denise George
+
+Good Morning Attorney Kroblin:
+
+Delivered: 2/10/2020 10:19 AM Read: 2/10/2020 10:21 AM
+
+Attached please find letter dated February 10, 2020 from Attorney General Denise George. Thank you.
+
+KRVOEST REGARDS,
+
+
+
+jouttfer o. spriagette
+
+Executive Assistant to the Attorney General
+
+Virgin Islands Department of Justice
+
+Office of the Attorney General
+
+Live Your Life With Purpose: Count your blessings, not your problems, and you will realize how beautiful your lye truly is.
+
+
+
+#### THE UNITED STATES VIRGIN ISLANDS DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL
+
+February 10, 2020
+
+Christopher Allen Kroblin, Esq. Kellerhals Ferguson Kroblin PLL
+
+
+
+RE: Estate of Jeffrey E. Epstein
+
+Dear Attorney Kroblin:
+
+It was good to meet with you on Friday as we discussed matters involving the Estate of Jeffrey Epstein ("Estate"). As we discussed briefly, Judge Carolyn Hermon-Percell requested that the Attorney General's Office and the Estate confer on the issues related to a victims' compensation fund ("Fund"). I write to begin that dialogue by laying out in detail my concerns about and recommendations for the Fund.
+
+Iexpect and certainly understand why some victims will want an expedited process that provides compensation — however incomplete for the harm done to them. However, to be credible and to comport with the law and policies of the Virgin Islands, that process must also be fair, just, and independent. The Fund, as proposed by the Estate, does not meet those standards.
+
+Among the issues raised in the Government's opposition to the Fund were four critical issues.
+
+Frist, the Fund must set aside sufficient funds to pay claims of victims who may come forward in the future or may proceed through civil litigation. Particularly given the nature of the trauma suffered by these victims, many of whom were children when they were trafficked, there needs to be sufficient time and alternate venues available to victims. While some victims have stepped forward now, others may require more time and support. To make the Fund truly voluntary, the Estate must preserve assets for those who choose not to participate in it. Otherwise, many victims will be coerced into the process, believing that the Fund provides the only chance to ensure that their claims are paid. To the extent that additional victims do not seek or obtain funding, those funds can support organizations that advocate for or support victims of human trafficking - a far more meaningful and appropriate use of an Estate so tied to its fundcr's criminal activities.
+
+Second, public policy does not permit the Estate to require broad third-party releases from victims in exchange for compensation. These releases serve no permissible purpose and will only silence victims and prevent them from seeking accountability and recovery from other individuals and
+
+
+
+entities that participated in, facilitated, or covered up Jeffrey Epstein's crimes. I understand that, after I raised this issue, the Epstein Fund has now offered to remove those broad releases from its protocol. That is a positive step, but the commitment must be made binding.
+
+Third, the Epstein Estate, whose executors arc directly associated with entities that are defendants in the Government's lawsuit and which allegedly facilitated or participated in Epstein's criminal activity, should play no role in choosing a claims administrator or in designing a compensation program. While the Estate has indicated that the program administrator will have full authority to evaluate and set claim amounts, the fact that the administrators were chosen by, advised by and would be paid handsomely by the Estate creates an unavoidable appearance of impropriety. To ensure the integrity and credibility of the process, the Estate must disavow any role in the process, and allow the victims and the Attorney Genera], with the Court's approval, to collectively select an appropriate administrator. Further, payments to the administrator, now disclosed to be up to \$200,000 per month, with \$1.7 million for just two months of work to the attorney who designed the Fund, as well as administrative staffing and other business expenses that could amount to millions, are excessive and disproportionate to the nature of the case and anticipated number of victims. The costs to run the Fund should be capped at a reasonable amount that ensures that the Estate's assets will not be unnecessarily and unreasonably dissipated.
+
+Fourth, the Epstein Estate must commit not only to a providing compensation, but cooperating with law enforcement. Otherwise, the Fund's primary purpose can be seen as limiting the Estate's exposure, protecting Epstein's associates, paying for victims' silence and avoiding further public exposure. That is a debt owed not only to Epstein's victims, but to all those who may avoid becoming victims of other sexual predators in the future.
+
+Specifically, an acceptable, fair and appropriate victims' program fund would have to be consistent with these principles and include the following commitments from the Estatc:
+
+- 1. The Estate must provide a complete inventory and accounting of the assets that are held by the Estate, 1953 Trust and by Jeffrey Epstein or any other entities that he owned or controlled, whether or not a part of the probate. The Estate in good faith should be open and honest with the victims, the Court and the Government regarding the assets of the estate and the value of each asset as Virgin Islands probate law requires. The victims should not be asked to evaluate appropriate compensation, nor can the Government blindly release funds from its criminal activity liens without knowing the true nature and total value of Epstein's assets.
+- 2. The Estate must agree to set aside a sufficient fixed fund prior to the close of the probate proceedings to compensate victims who do not accept payment from the Fund or do not come forward within the probate claims period of the Estate. In the event that such victims do not come forward or obtain judgments, the balance of the fund would be donated, through cypres, to organizations providing support to victims of human trafficking, sexual exploitation and sexual assault. The timing for payments must be centered on victims' relief, not deadlines dictated by the probate process.
+
+- 3. The Estate may not transfer ownership of Great St. James and Little St. James and other instrumentalities of Epstein's crimes in the Virgin Islands and must set aside a fixed sum sufficient to satisfy any potential judgment in favor of the Government of the Virgin Islands. The Government preserves its authority to enforce its laws to curtail human trafficking, sexual assaults and criminal enterprises, to hold Epstein and other violators accountable, to protect the safety and wellbeing of the Virgin Islands, to guide how victims are cared for and to protect our children—those who live here, as well as those who are brought here—from the scourge of human trafficking and sexual exploitation, now and in the future.
+- 4. The Fund administrator and the protocol and criteria for the Fund must be chosen by Epstein's victims and the Attorney General, informed by experts in human trafficking, and/or survivors of human trafficking, and approved by the Court. The Fund administrator herself must be knowledgeable and experienced in the administration and settlement of funds for victims of crimes of human trafficking and sexual exploitation/assault of women and children.
+- 5. Because of the existing conflicts of interest of the Estate and executors, as laid out in the Government's opposition to the Fund, there must be an absolute firewall between the Fund and the Estate. Furthermore, because of these conflicts, the Executors of the Estate should have no role at all in the Fund, including in selecting or approving the administrator, the protocol or criteria for the fund, or oversight or approval of the Fund's administration.
+- 6. The Fund must provide full reporting on its criteria, process, awards, and expenses to the Court and the public while protecting the privacy of any claimants who choose to remain anonymous.
+- 7. The program administrator must, in consultation with victims and non-profit or government organizations focused on human trafficking, identify a plan to adequately publicize the existence of the Fund.
+- 8. Once a claim reaches settlement, victims will not be asked or required to release any person or entity from liability other than the Estate.
+- 9. The Estate will set aside funds to provide counseling to any victim who wishes to discuss coming forward to the Fund or to law enforcement. The individual or entity providing such counseling will be approved by the Attorney General, victims' counsel, and the Court. The identity of all such victims will not be disclosed to the Estate.
+- 10. Claimants will be provided with the Virgin Islands Crime Victims' Bill of Rights and be provided with contact information for the Virgin Islands Office of the Attorney General should they care to cooperate with Virgin Islands law enforcement.
+
+- 11. The Estate will agree that no records obtained in the claims or counseling process will be used against any victim or in defending any claim against the Estate or related entities or individuals.
+- 12. Expenses of setting up and administering the Epstein Fund will be capped at a reasonable amount. This is absolutely necessary to avoid the excessive costs proposed to run the Fund, which would deplete the funds in the Estate and place significant resources from the Fund in the pockets of the Estate's associates and hand-picked administrators and attorneys. The costs of the program should be commensurate with the nature of the claims and the number of victims addressed.
+- 13. The Estate will agree to preserve, identify, and make available to the Virgin Islands all documents (including electronically stored information and video/audio recordings) related to Epstein's criminal conduct in the Virgin Islands, and will not seek to prevent disclosure of such information, though no information that might reveal the identity of his victims will be publicly disclosed, as required by Virgin Islands law.
+- 14. The Estate will agree to cooperate to provide information against any individuals or other entities that participated in the conduct described in the Government's complaint.
+- 15. The Estate will waive any non-disclosure agreements signed by former employees of Epstein or related entities and will notify such employees that thcy arc not bound by confidentiality and are encouraged to cooperate fully and truthfully with the Attorney General and her representatives.
+
+I sincerely hope that the Estate will find these commitments to be uncontroversial and consistent with its commitment to ensure swift, fair and lawful resolution for Epstein's victims, and we look forward to talking with you about these issues and any other suggestions you may have to address the Government's concerns and interests.
+
+Sincerely,
+
+Denise N. George, Esq. Attorney General of the U.S. Virgin Islands
+
+cc. Esq.
+
+# Exhibit 7
+
+From: Sent: To: Cc: Subject: Brittany Henderson < Monday, February 10, 2020 11:37 AM Denise George Re: Epstein Estate >
+
+Attorney General George,
+
+After our meeting, I am confident we all agree that there is nothing more powerful than the voices of the victims. As a testament, one of our clients reached out late last week and asked if she could speak with you directly or write you a letter sharing her feelings on the events that have recently transpired. The next day, another client called with similar requests. Hearing that these women welcome the opportunity to speak with you not only instills in me a great sense of pride, but it is also a reminder that we are all stronger together. Please let me know if you are interested in meeting so that we can figure out the best way to make that happen.
+
+Thank you for your time,
+
+
+
+Brittany N. Henderson Trial Attorney
+
+
+
+Caution: This e-mail has originated outside of GVI net-work. Do not click on links or open any attachment (s) that might look suspicious unless you have knowledge of who the sender is.
+
+From: Sent: To: Cc: Subject: Attachments: Denise George Monday, February 10, 2020 12:46 PM Brittany Henderson Brad Edwards; RE: Epstein Estate 02-10-2020 AG Letter to Christopher Kroblin (Estate of Jeffrey E. Epstein).pdf
+
+Good day Ms. Henderson and Attorney Edwards:
+
+We are indeed very interested in meeting with the victims and I thank you for the productive and encouraging conversation in our February 4rn meeting. I agree that this is so important to ensure that we maintain an open dialogue with a goal of reaching a resolution that best serves all of the victims of Jeffrey Epstein's conduct and provides a model for how cases and conduct like this may be resolved in the future.
+
+To that end, I have attached a letter that I want to share with you which I sent to Epstein's Estate to establish the kind of specific commitments that would be required of the Estate to address the Government's concerns regarding their program as proposed. I welcome your thoughts and feedback. I also welcome you to contact my Executive Assistant Jennifer Springette to coordinate a meeting with the victims as soon as possible.
+
+I look forward to meeting with you again on this very important matter.
+
+Sincerely,
+
+&Nat N. Goo a, ESQ. Attorney General Virgin Islands Department of Justice Office riffle Attorney General
+
+
+
+From: Brittany Henderson < Sent: Monday, Februa 10, 2020 11:37 AM To: Denise Geor e < Cc:a >; Brad Edwards < Subject: Re: Epstein Estate
+
+From: Sent To: Cc: Subject: Brittany Henderson < Monday, February 10, 2020 2:13 PM Denise Gear. e Re: Epstein Estate >
+
+Attorney General George,
+
+Thank you very much for the quick reply. It is evident in reading your correspondence to the Estate that you and your team have put a significant amount of time Into reviewing the proposed claims fund in its current form. Your suggestions and requested commitments, as outlined, demonstrate that the best interests of the victims are at the forefront of your mission. That alone is comforting to us as we wade through conversations with our clients regarding the current status of affairs.
+
+That being said, I reached out to both of our clients immediately, who appreciate tremendously your willingness to meet with them. We look forward to facilitating an even more expansive free flow of ideas in an effort to reach a resolution that is most advantageous to the survivors. At your direction, we will contact Ms. Springette today to coordinate a time that works best for you and your office.
+
+In the meantime, please let us know if you are available this afternoon for a short call to discuss which portions of your letter, if any, you would feel comfortable with us sharing with the court tomorrow during the status conference for all currently pending cases being litigated in the Southern District of New York. Alternatively, we can speak in the morning prior to the conference which is set to begin at 10am EST.
+
+We look forward to speaking and continuing to work with you.
+
+Brittany Henderson, Esq. Edwards Pottin er LLC
+
+On Feb 10, 2020, at 11:45 AM, Denise George
+
+Subject: RE: Epstein probate update
+
+I would be happy to chat about this tomorrow (with and EL I have a court conference tomorrow from 9:30- 11:00 and a NYCHA conference call at noon; otherwise am available.
+
+We were just talking about whether we should replace on this matter. We were not sure how much work would be needed going forward. Maybe we could figure that out after the call.
+
+Sent: Thursday, May 28, 2020 12:24 PM
+
+Tod USANYS)
+
+Cc:
+
+Subject: FW: Epstein probate update
+
+Geoff would like to have a Webex tomorrow with ■and **(theoretically) .which he would like you to attend, so I start with you knowing how busy you are.**
+
+**We are getting to the point where we need to more concretely plan our litigation with the estate.**
+
+**Did I hear you say that to give birth? If so, wonderful!, but should we get someone else assigned to this matter?**
+
+**From: Sent: Thursda , Februa 20, 2020 12:47 PM**
+
+**To:**
+
+**u jec : pstein pro ate up ate**
+
+**All,**
+
+**Recent filings in the Epstein probate case reflect the following developments, which might be of interest.**
+
+**First, the probate court denied the Virgin Islands Attorney General's motion to intervene in the probate proceedings.**
+
+**Second, it appears that the court directed the AG to ensure that its criminal activity liens on the estate's property did not prevent the executors from paying administrative expenses or preserving the estate's assets. However, the estate's bank accounts are currently frozen due to the AG's liens, and the AG is taking the position that it will only allow funds to be released if the AG first approves all of the executors' proposed expenditures. The executors have moved the probate court for emergency relief, asking that they be given full access to the estate's funds to pay administrative expenses and preserve assets without the AG's prior approval.**
+
+**Third, the AG sent a letter to the executors laying out the AG's demands for a fair victim compensation program. Those include the following, which may be of particular interest (the full letter can be found at Ex. 6 of the attached document):**
+
+- **The estate must cooperate with the AG's investigations into Epstein and his affiliates.**
+- **The estate must waive any non-disclosure agreements signed by former employees of Epstein or his affiliates, and notify such employees that they are encouraged to fully cooperate with the AG's investigation.**
+- **Participants in the compensation program will not be required to sign any third-party releases (apparently, the current proposal would involve such releases).**
+- **The estate must provide a complete inventory of assets held by the estate, the 1953 Trust, Epstein, and any entities he controlled, even if those assets are exempt from the probate process.**
+- **The executors cannot play any role in establishing the victim compensation program or selecting its administrators.**
+
+**I have not seen evidence of the executors' response to the AG's letter.**
+
+From: USANYS) < Sent: Thursday, February 13, 2020 9:54 AM To: (USANYS) usa.doj,gai> Subject: FW: SDNY News Clips, Wednesday, February 12, 2020
+
+Would you please send around the AG's filing accusing the executors of complicity?
+
+Last month, George brought charges against Epstein's estate and alleged that his lawyers, Darren Indyke and Richard Kahn, may have been part of Epstein's alleged fraud. George also put claims on Epstein's two islands.
+
+Thanks.
+
+Epstein's lawyers in dispute with Virgin Islands over settlements with victims
+
+The Guardian By Edward Helmore 2/12/2020
+
+Efforts to settle sex abuse claims against Jeffrey Epstein's estate are being thwarted by the attorney general of the US Virgin Islands, lawyers for the disgraced late financier have claimed in court.
+
+The dispute arises from efforts by the territory's attorney general, Denise George, to claim that Epstein, who owned two islands in the Virgin Islands and where monetary claims on his estate are focused, fraudulently obtained benefits related to a banking licence as part of his alleged criminal enterprise.
+
+In court documents, George said she planned to name the disgraced financier's lawyers as co-defendants and fight his estate's involvement in creating a victims' compensation fund.
+
+In July last year, Epstein was arrested on fresh federal sex trafficking and conspiracy charges. He had previously pleaded guilty in 2008 to a Florida state prostitution charge and completed a 13-month jail sentence. Epstein pleaded not guilty to the new allegations but died by suicide in a New York jail cell in August.
+
+His death has triggered a wide-ranging investigation into his associates and members of his powerful social circle and also many victim claims for compensation.
+
+Bennet Moskowitz, who is representing Epstein's estate, claimed that liens against the estate have left him unable to release money from Epstein's \$570m fortune to a victim's compensation fund.
+
+"The attorney general for the Virgin Islands has decided for whatever reason to impede the program;' Moskowitz said at the hearing in Manhattan federal court.
+
+But George countered that claim, saying she was in fact looking out for victims who may yet come forward.
+
+"The attorney general's office has opposed the approval of the fund as currently proposed because it lacks fairness, accountability, impartiality and sensitivity to victims at a level they deserve," George said in the statement.
+
+"Further, victims who have not yet come forward or who may not wish to use the fund must be supported and protected, with funds for counseling and for their claims, too," she said, adding: "There must be full accountability, not only of the estate, but those who participated in, facilitated, and covered up Epstein's crimes."
+
+Last month, George brought charges against Epstein's estate and alleged that his lawyers, Darren Indyke and Richard Kahn, may have been part of Epstein's alleged fraud. George also put claims on Epstein's two islands.
+
+Epstein named Indyke and Kahn as his executors to a will he modified so that it would be executed in the Caribbean territory two days before he was found dead in a Manhattan jail cell on 10 August.
+
+In November, it was reported that Epstein's estate had asked the courts to allow a voluntary resolution program for the late sex offender's accusers overseen by Ken Feinberg, the settlement's expert who oversaw claims from victims of the 9/11 terrorist attacks, the Catholic church's sex abuse scandals, and the BP-Blue Water Horizon oil spill.
+
+But lawyers for several victims have argued that a victims fund would maintain the shroud of secrecy over Epstein's alleged crimes and prevent the release of any new information while minimizing the threat of large jury awards from individual legal actions.
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diff --git a/marker2/ds9/EFTA00087318/EFTA00087318.md b/marker2/ds9/EFTA00087318/EFTA00087318.md
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--- /dev/null
+++ b/marker2/ds9/EFTA00087318/EFTA00087318.md
@@ -0,0 +1,125 @@
+To: (USANYS)"
+
+Subject: RE: Epstein probate update
+
+Date: Thu, 28 May 2020 17:40:51 +0000
+
+Note that if we do this afternoon, it won't be able to be a webex given the tight timeframe. It takes at least a couple of hours to request a webex.
+
+From: (USANYS) [Contractor]
+
+Sent: Thursda Ma 28, 2020 12 56 PM
+
+To (USANYS) < >
+
+Subject: Re: Epstein probate update
+
+\_-is out tomorrow for a religious holiday but has availability this afternoon after 230 or next week. Would you like to do one of those options, or go ahead tomorrow without her?
+
+On May 28, 2020, at 12:35 PM, USANYS) c › wrote:
+
+Ok; I will ask =, by copy of this email, to schedule 30 minutes with tomorrow on this.
+
+Epstein estate.
+
+attendees are Eland me.
+
+Thanks.
+
+From: (USANYS). >
+
+Sent: Thursday, May 28, 2020 12:32 PM
+
+To: (USANYS). >
+
+Ca(USANYS) < M>
+
+Subject: RE: Epstein probate update
+
+I would be happy to chat about this tomorrow (with and I have a court conference tomorrow from 9:30- 11:00 and a NYCHA conference call at noon; otherwise I am available.
+
+We were just talking about whether we should replace Mon this matter. We were not sure how much work would be needed going forward. Maybe we could figure that out after the call.
+
+From: USANYS)
+
+Sent: Thursday, May 28, 2020 12:24 PM
+
+To: USANYS)
+
+Cc: (USANYS) < >
+
+Subject: FW: Epstein probate update
+
+• would like to have a Webex tomorrow with and (theoretically)Mwhich he would like you to attend, so I start with you knowing how busy you are.
+
+We are getting to the point where we need to more concretely plan our litigation with the estate.
+
+Did I hear you say that about to give birth? If so, wonderful!, but should we get someone else assigned to this matter?
+
+Sent: Thursda , February 20, 2020 12:47 PM
+
+To: (USANYS) < >; (USANYS) causa.dobgcLi> (USANYS)
+
+Subject: Epstein probate update
+
+All,
+
+Recent filings in the Epstein probate case reflect the following developments, which might be of interest.
+
+First, the probate court denied the Virgin Islands Attorney General's motion to intervene in the probate proceedings.
+
+Second, it appears that the court directed the AG to ensure that its criminal activity liens on the estate's property did not prevent the executors from paying administrative expenses or preserving the estate's assets. However, the estate's bank accounts are currently frozen due to the AG's liens, and the AG is taking the position that it will only allow funds to be released if the AG first approves all of the executors' proposed expenditures. The executors have moved the probate court for emergency relief, asking that they be given full access to the estate's funds to pay administrative expenses and preserve assets without the AG's prior approval.
+
+Third, the AG sent a letter to the executors laying out the AG's demands for a fair victim compensation program. Those include the following, which may be of particular interest (the full letter can be found at Ex. 6 of the attached document):
+
+- The estate must cooperate with the AG's investigations into Epstein and his affiliates.
+- The estate must waive any non-disclosure agreements signed by former employees of Epstein or his affiliates, and notify such employees that they are encouraged to fully cooperate with the AG's investigation.
+- Participants in the compensation program will not be required to sign any third-party releases (apparently, the current proposal would involve such releases).
+- The estate must provide a complete inventory of assets held by the estate, the 1953 Trust, Epstein, and any entities he controlled, even if those assets are exempt from the probate process.
+- The executors cannot play any role in establishing the victim compensation program or selecting its administrators.
+
+I have not seen evidence of the executors' response to the AG's letter.
+
+From: USANYS) <
+
+Sent: Thursda , February 13, 2020 9:54 AM
+
+To: (USANYS) a@usa.doLgov>
+
+Subject: FW: SDNY News Clips, Wednesday, February 12, 2020
+
+Would you please send around the AG's filing accusing the executors of complicity?
+
+Last month, George brought charges against Epstein's estate and alleged that his lawyers, Darren Indyke and Richard Kahn, may have been part of Epstein's alleged fraud. George also put claims on Epstein's two islands.
+
+Thanks.
+
+The Guardian By Edward Helmore 2/12/2020
+
+Efforts to settle sex abuse claims against Jeffrey Epstein's estate are being thwarted by the attorney general of the US Virgin Islands, lawyers for the disgraced late financier have claimed in court.
+
+The dispute arises from efforts by the territory's attorney general, Denise George, to claim that Epstein, who owned two islands in the Virgin Islands and where monetary claims on his estate are focused, fraudulently obtained benefits related to a banking licence as part of his alleged criminal enterprise.
+
+In court documents, George said she planned to name the disgraced financier's lawyers as co-defendants and fight his estate's involvement in creating a victims' compensation fund.
+
+In July last year, Epstein was arrested on fresh federal sex trafficking and conspiracy charges. He had previously pleaded guilty in 2008 to a Florida state prostitution charge and completed a 13-month jail sentence. Epstein pleaded not guilty to the new allegations but died by suicide in a New York jail cell in August.
+
+His death has triggered a wide-ranging investigation into his associates and members of his powerful social circle and also many victim claims for compensation.
+
+Bennet Moskowitz, who is representing Epstein's estate, claimed that liens against the estate have left him unable to release money from Epstein's \$570m fortune to a victim's compensation fund.
+
+"The attorney general for the Virgin Islands has decided for whatever reason to impede the program;' Moskowitz said at the hearing in Manhattan federal court.
+
+But George countered that claim, saying she was in fact looking out for victims who may yet come forward.
+
+"The attorney general's office has opposed the approval of the fund as currently proposed because it lacks fairness, accountability, impartiality and sensitivity to victims at a level they deserve," George said in the statement.
+
+"Further, victims who have not yet come forward or who may not wish to use the fund must be supported and protected, with funds for counseling and for their claims, too," she said, adding: "There must be full accountability, not only of the estate, but those who participated in, facilitated, and covered up Epstein's crimes."
+
+Last month, George brought charges against Epstein's estate and alleged that his lawyers, Darren Indyke and Richard Kahn, may have been part of Epstein's alleged fraud. George also put claims on Epstein's two islands.
+
+Epstein named Indyke and Kahn as his executors to a will he modified so that it would be executed in the Caribbean territory two days before he was found dead in a Manhattan jail cell on 10 August.
+
+In November, it was reported that Epstein's estate had asked the courts to allow a voluntary resolution program for the late sex offender's accusers overseen by Ken Feinberg, the settlement's expert who oversaw claims from victims of the 9/11 terrorist attacks, the Catholic church's sex abuse scandals, and the BP-Blue Water Horizon oil spill.
+
+But lawyers for several victims have argued that a victims fund would maintain the shroud of secrecy over Epstein's alleged crimes and prevent the release of any new information while minimizing the threat of large jury awards from individual legal actions.
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diff --git a/marker2/ds9/EFTA00087321/EFTA00087321.md b/marker2/ds9/EFTA00087321/EFTA00087321.md
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@@ -0,0 +1,114 @@
+From: JSANYS)" < To:iIIIIIM((USANYS) [Contractor]" < Subject: RE: Epstein probate update Date: Thu, 28 May 2020 18:04:22 +0000
+
+Waiting for reply from to suggestion of staying on 3 call and having that; yes sorry, I left you off I guess. and join; so may need your help with
+
+From: (USANYS) [Contractor] Sent: Thursday, May 28, 2020 2:03 PM To:- (USANYS) Subject: RE: Epstein probate update
+
+No I did not, I must have been left off a chain. Is it all sorted?
+
+From USANYS) Sent: Thursday, May 28, 2020 2:02 PM To (USANYS) [Contractor] cz > Subject: RE: Epstein probate update
+
+But we can stay on 3 pm call — you saw my email?
+
+From: (USANYS) [Contractor] Sent: Thursda Ma 28, 2020 1:41 PM To: USANYS) < Subject: RE: Epstein probate update
+
+Note that if we do this afternoon, it won't be able to be a webex given the tight timeframe. It takes at least a couple of hours to request a webex.
+
+From (USANYS) [Contractor] Sent: Thursday, May 28, 2020 12:56 PM To: (USANYS) Subject: Re: Epstein probate update
+
+s out tomorrow for a religious holiday but has availability this afternoon after 230 or next week. Would you like to do one of those options, or go ahead tomorrow without her?
+
+On May 28, 2020, at 12:35 PM, USANYS) ‹ > wrote:
+
+Ok; I will ask by copy of this email, to schedule 30 minutes with Epstein estate. attendees are Thanks. tomorrow on this.
+
+From: USANYS) < Sent: Thursday, May 28, 2020 12:32 PM To: (USANYS) < Cc iSANYS) c > Subject: RE: Epstein probate update
+
+I would be happy to chat about this tomorrow (with -ands. I have a court conference tomorrow from 9:30- 11:00 and a NYCHA conference call at noon; otherwise I am available.
+
+We were just talking about whether we should replace Mon this matter. We were not sure how much work would be needed going forward. Maybe we could figure that out after the call.
+
+From: (USANYS) Sent: Thursday, May 28, 2020 12:24 PM To: USANYS) Cc: (USANYS)\*ca Subject: FW: Epstein probate update
+
+would like to have a Webex tomorrow with. and (theoretically) which he would like you to attend, so I start with you knowing how busy you are.
+
+We are getting to the point where we need to more concretely plan our litigation with the estate.
+
+Did I hear you say that about to give birth? If so, wonderful!, but should we get someone else assigned to this matter?
+
+From USANYS)
B3
St. Thomas, VI 00802 |
+| Nautilus, Inc. | [REDACTED] | 6100 Red Hook Quarter
B3
St. Thomas, VI 00802 |
+| Estate of Jeffrey E. Epstein | [REDACTED] | 9053 Estate Thomas
#101
St. Thomas, VI 00802 |
+
+... The Estate of Jeffrey E. Epstein and Mated EntitiesCnminal Aetwily Lien January IS. 2020 Page 2
+
+This hold will remain in place until FirstBank receives an Order from a court of appropriate jurisdiction releasing the lien claims upon these accounts set forth in the Notices.
+
+Sincerely.
+
+cc: Christopher A. Krohlin. Esq.
+
+RNDOCT6602l51TR,10F47R102.00CX
+
+# EXHIBIT 2
+
+From: Sent To: Cc Chris Kroblin Thursday, February 06, 2020 9:06 PM D ni eGeogm
+
+Subject Re: [EXTERNAL MAILINotice of Criminal Activity Lien
+
+Attorney George,
+
+Thanks for the response. Happy to do so.
+
+Best regards,
+
+Chris
+
+Sent from my iPhone
+
+On Feb 6, 2020, at 7:51 PM, Denise George wrote:
+
+Good evening Attorney Kroblin:
+
+I just noticed this email correspondence from your legal assistant whose name I did not recognize. Please have Ms. Betz contact my Executive Assistant Jennifer Springette to set a time to meet tomorrow afternoon to discuss this matter.
+
+Have a good evening.
+
+Data[ N. GEORGE, Ess Attorney General Virgin Islands Department of Justice Office of the Attorney General
+
+From: Shauna Betz Sent: Wednesday, Februa 05 2 204:33 PM To: Denise George ; Denise George Cc: Shari D'Andrade Subject: (EXTERNAL MAIL1Notice of Crimina Activity Lien hris Kroblin Exhibit 3
+
+From: Denise George Stint Sunday, February 09, 2020 8:15 AM To: Chris Kroblin Cc Subiat GVI v. Epstein Estate et al
+
+Good day Attorney Kroblin,
+
+It was great meeting with you Friday afternoon as we discussed the importance to all concerned for the estate to meet its day to day maintenance expenses and our willingness to accommodate for an immediate release of funds sufficient to pay these expenses so that the executors may continue to manage and preserve estate assets. We eagerly await your response regarding those expenses are costs so we can expeditiously move forward.
+
+You can also expect written correspondence from me on the victims' program fund as a follow up to our brief discussion.
+
+Dam N. Qom, Esg. Attorney General Virgin Islands Department of Justice of the General
+
+
+
+## EXHIBIT 4
+
+From: Sent: To: Cc: Subject: Chris Kroblin Monday, February 10, 2020 4:26 PM Denise Genrne [EXTERNAL MAILIRE:GVI v. Epstein Estate et al
+
+Attorney General George,
+
+We appreciate your recognition of the critical importance of paying the ongoing maintenance expenses of the Epstein Estate. Because the Estate cannot survive the indefinite "hold" placed on the Estate's account at FirstBank as the result of the Criminal Activity Lien Notices recently issued by your office, and because FirstBank has informed us that it will maintain that hold absent "an Order from a court of appropriate jurisdiction releasing the [Government's] lien claims," the Co-Executors have today sought an order from the Superior Court releasing all funds necessary for the routine administration of the Estate and the preservation of its assets.
+
+We received your communication yesterday afternoon regarding the voluntary compensation program proposed by the Co-Executors and endorsed by the Court and claimants' counsel at the hearing on February 4. We will consult with our clients and expect to respond shortly.
+
+Best regards,
+
+Christopher Allen Kroblin
+
+Member KELLERHALS FERGUSON KROBLIN PL. C
+
+
+
+Of Counsel to: Solomon Btum Heymann LLP
+
+
+
+Notice: This communication may contain privileged or other confidential information If you are not the intended recipient. or believe that you have received this communication in error, please do not print, copy, re-transmit, disseminate. or otherwise use this information. Also. please indicate to the sender that you have received this eimai: in error, and delete the copy you received Thank you.
+
+Circular 230: To ensure compliance with the requirements :mposed by the IRS, we inform you that any lax advice contained in our communication (inciuding any attachments) was not intended or wntton to be used, and cannot be used. for the purpose of (i) avoiding any lax penalty or (a) promoting. marketing or recommending to another party any transaction or matter addressed herein
+
+# EXHIBIT 5
+
+Front Denise George Sent Monday, February 10, 2020 4:39 PM To: Chris Kroblin Cc: Subject: RE: [EXTERNAL MAIURE:GVI v. Epstein Estate et al
+
+Good day Attorney Kroblin,
+
+Please provide us with a copy of that motion. Thank you.
+
+Vcn N. Gwwz, En Attorney General Virgin Islands Department of Justice Office of the Attorney General
+
+
+
+From: Chris Kroblin Sent: Monday, Februa To: Denise Geo Cc: 10, 2020 4:26 PM Subject: [EXTERNAL MAIL)RE: GVI v. Epstein Estate et al
+
+Attorney General George,
+
+We appreciate your recognition of the critical importance of paying the ongoing maintenance expenses of the Epstein Estate. Because the Estate cannot survive the indefinite "hold" placed on the Estate's account at FirstBank as the result of the Criminal Activity Lien Notices recently issued by your office, and because FirstBank has informed us that it will maintain that hold absent "an Order from a court of appropriate jurisdiction releasing the [Government's] lien claims," the Co-Executors have today sought an order from the Superior Court releasing all funds necessary for the routine administration of the Estate and the preservation of its assets.
+
+We received your communication yesterday afternoon regarding the voluntary compensation program proposed by the Co-Executors and endorsed by the Court and claimants' counsel at the hearing on February 4. We will consult with our clients and expect to respond shortly.
+
+From: Sent To: Cc Subject Attachments: Chris Kroblin Monday, February 10, 2020 5:45 PM Denise George [EXTERNAL MAIL]RE: [EXTERNAL MAIL]RE: GVI v. Epstein Estate et al DS Emergency M for Order Releasing Funds for Administration.pdf
+
+Please see the attached.
+
+Best regards,
+
+Christopher Allen Kroblin
+
+Member KELIERHALSEfitGLISON KAMEN Pat\_
+
+Of Counsel to: H
+
+Notice: This communication may contain privileged or other confidential information. If you are not the intended reaPient. or believe that you have received ea communication in error, please do not print, copy. re•trxwnM, disseminat or otherwise use this information. Also, please indicate to the sender that you have received this omen In error. and delete the copy you received. Thank you. Circular 230: To ensure compliance with the requirements imposed by the RS. we Inform you that any tax advice contained In ow communication (including any attediments)wes not Intended or within to be used, and cannot be used. for the purpose of (i) avoiding any tax peaty or (II) promoting, marketing or recommittal° to another party any transaction or matter addressed hares.
+
+From: Denise George Sent: Monday, February 10, 2020 4:39 PM To: Chris Kroblin MAILIRE: GVI v. Epstein Estate et al
+
+Good day Attorney Kroblin,
+
+# Exhibit 6
+
+From:
+
+Sent:
+
+To:
+
+Cc:
+
+Subject
+
+Attachments:
+
+Tracking:
+
+Monday, February 10, 202010:19 AM
+
+Chris roblin
+
+Denise George
+
+02-10-2020 Letter to Christopher Kroblin (Estate of Jeffrey E. Epstein)
+
+02-10-2020 Letter to Christopher Kroblin (Estate of Jeffrey E. Epstein).pdf
+
+Recipient Delivery Read
+
+Chris Kroblin
+
+Denise George
+
+Good Morning Attorney Kroblin:
+
+Delivered: 2/1012020 10:19AM Read: 2/1012020 10:21 AM
+
+Attached please find letter dated February 10, 2020 from Attorney General Denise George. Thank you.
+
+KINDEST REGARDS,
+
+
+
+Executive Assistant to the Attorney General
+
+Virgin Islands Department of Justke
+
+Office of the AttorneyGeneral
+
+Live Your Life With Purpose: Count your blessings, not your problems, and you will realize how beautiful your lift truly is.
+
+
+
+### THE UNITED STATES VIRGIN ISLANDS DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL
+
+February 10, 2020
+
+Christopher Allen Kroblin, Esq. K elle halc Fermi nn Krohlin Pr
+
+
+
+RE: Estate of Jeffrey E. Epstein
+
+Dear Attorney Kroblin:
+
+It was good to meet with you on Friday as we discussed matters involving the Estate of Jeffrey Epstein ("Estate"). As we discussed briefly, Judge Carolyn Hermon-Percell requested that the Attorney General's Office and the Estate confer on the issues related to a victims' compensation fund ("Fund"). I write to begin that dialogue by laying out in detail my concerns about and recommendations for the Fund.
+
+Iexpect and certainly understand why some victims will want an expedited process that provides compensation — however incomplete for the harm done to them. However, to be credible and to comport with the law and policies of the Virgin Islands, that process must also be fair, just, and independent. The Fund, as proposed by the Estate, does not meet those standards.
+
+Among the issues raised in the Government's opposition to the Fund were four critical issues.
+
+Frist, the Fund must set aside sufficient funds to pay claims of victims who may come forward in the future or may proceed through civil litigation. Particularly given the nature of the trauma suffered by these victims, many of whom were children when they were trafficked, there needs to be sufficient time and alternate venues available to victims. While some victims have stepped forward now, others may require more time and support. To make the Fund truly voluntary, the Estate must preserve assets for those who choose not to participate in it. Otherwise, many victims will be coerced into the process, believing that the Fund provides the only chance to ensure that their claims are paid. To the extent that additional victims do not seek or obtain funding, those funds can support organizations that advocate for or support victims of human trafficking - a far more meaningful and appropriate use of an Estate so tied to its fundcr's criminal activities.
+
+Second, public policy does not permit the Estate to require broad third-party releases from victims in exchange for compensation. These releases serve no permissible purpose and will only silence victims and prevent them from seeking accountability and recovery from other individuals and
+
+
+
+entities that participated in, facilitated, or covered up Jeffrey Epstein's crimes. I understand that, after I raised this issue, the Epstein Fund has now offered to remove those broad releases from its protocol. That is a positive step, but the commitment must be made binding.
+
+Third, the Epstein Estate, whose executors arc directly associated with entities that are defendants in the Government's lawsuit and which allegedly facilitated or participated in Epstein's criminal activity, should play no role in choosing a claims administrator or in designing a compensation program. While the Estate has indicated that the program administrator will have full authority to evaluate and set claim amounts, the fact that the administrators were chosen by, advised by and would be paid handsomely by the Estate creates an unavoidable appearance of impropriety. To ensure the integrity and credibility of the process, the Estate must disavow any role in the process, and allow the victims and the Attorney Genera], with the Court's approval, to collectively select an appropriate administrator. Further, payments to the administrator, now disclosed to be up to \$200,000 per month, with \$1.7 million for just two months of work to the attorney who designed the Fund, as well as administrative staffing and other business expenses that could amount to millions, are excessive and disproportionate to the nature of the case and anticipated number of victims. The costs to run the Fund should be capped at a reasonable amount that ensures that the Estate's assets will not be unnecessarily and unreasonably dissipated.
+
+Fourth, the Epstein Estate must commit not only to a providing compensation, but cooperating with law enforcement. Otherwise, the Fund's primary purpose can be seen as limiting the Estate's exposure, protecting Epstein's associates, paying for victims' silence and avoiding further public exposure. That is a debt owed not only to Epstein's victims, but to all those who may avoid becoming victims of other sexual predators in the future.
+
+Specifically, an acceptable, fair and appropriate victims' program fund would have to be consistent with these principles and include the following commitments from the Estatc:
+
+- 1. The Estate must provide a complete inventory and accounting of the assets that are held by the Estate, 1953 Trust and by Jeffrey Epstein or any other entities that he owned or controlled, whether or not a part of the probate. The Estate in good faith should be open and honest with the victims, the Court and the Government regarding the assets of the estate and the value of each asset as Virgin Islands probate law requires. The victims should not be asked to evaluate appropriate compensation, nor can the Government blindly release funds from its criminal activity liens without knowing the true nature and total value of Epstein's assets.
+- 2. The Estate must agree to set aside a sufficient fixed fund prior to the close of the probate proceedings to compensate victims who do not accept payment from the Fund or do not come forward within the probate claims period of the Estate. In the event that such victims do not come forward or obtain judgments, the balance of the fund would be donated, through cypres, to organizations providing support to victims of human trafficking, sexual exploitation and sexual assault. The timing for payments must be centered on victims' relief, not deadlines dictated by the probate process.
+
+- 3. The Estate may not transfer ownership of Great St. James and Little St. James and other instrumentalities of Epstein's crimes in the Virgin Islands and must set aside a fixed sum sufficient to satisfy any potential judgment in favor of the Government of the Virgin Islands. The Government preserves its authority to enforce its laws to curtail human trafficking, sexual assaults and criminal enterprises, to hold Epstein and other violators accountable, to protect the safety and wellbeing of the Virgin Islands, to guide how victims are cared for and to protect our children—those who live here, as well as those who are brought here—from the scourge of human trafficking and sexual exploitation, now and in the future.
+- 4. The Fund administrator and the protocol and criteria for the Fund must be chosen by Epstein's victims and the Attorney General, informed by experts in human trafficking, and/or survivors of human trafficking, and approved by the Court. The Fund administrator herself must be knowledgeable and experienced in the administration and settlement of funds for victims of crimes of human trafficking and sexual exploitation/assault of women and children.
+- 5. Because of the existing conflicts of interest of the Estate and executors, as laid out in the Government's opposition to the Fund, there must be an absolute firewall between the Fund and the Estate. Furthermore, because of these conflicts, the Executors of the Estate should have no role at all in the Fund, including in selecting or approving the administrator, the protocol or criteria for the fund, or oversight or approval of the Fund's administration.
+- 6. The Fund must provide full reporting on its criteria, process, awards, and expenses to the Court and the public while protecting the privacy of any claimants who choose to remain anonymous.
+- 7. The program administrator must, in consultation with victims and non-profit or government organizations focused on human trafficking, identify a plan to adequately publicize the existence of the Fund.
+- 8. Once a claim reaches settlement, victims will not be asked or required to release any person or entity from liability other than the Estate.
+- 9. The Estate will set aside funds to provide counseling to any victim who wishes to discuss coming forward to the Fund or to law enforcement. The individual or entity providing such counseling will be approved by the Attorney General, victims' counsel, and the Court. The identity of all such victims will not be disclosed to the Estate.
+- 10. Claimants will be provided with the Virgin Islands Crime Victims' Bill of Rights and be provided with contact information for the Virgin Islands Office of the Attorney General should they care to cooperate with Virgin Islands law enforcement.
+
+*Christopher Allen Kroblin, Esq.*
+
+*February 10, 2020*
+
+*Page 4*
+
+1. 11. The Estate will agree that no records obtained in the claims or counseling process will be used against any victim or in defending any claim against the Estate or related entities or individuals.
+2. 12. Expenses of setting up and administering the Epstein Fund will be capped at a reasonable amount. This is absolutely necessary to avoid the excessive costs proposed to run the Fund, which would deplete the funds in the Estate and place significant resources from the Fund in the pockets of the Estate's associates and hand-picked administrators and attorneys. The costs of the program should be commensurate with the nature of the claims and the number of victims addressed.
+3. 13. The Estate will agree to preserve, identify, and make available to the Virgin Islands all documents (including electronically stored information and video/audio recordings) related to Epstein's criminal conduct in the Virgin Islands, and will not seek to prevent disclosure of such information, though no information that might reveal the identity of his victims will be publicly disclosed, as required by Virgin Islands law.
+4. 14. The Estate will agree to cooperate to provide information against any individuals or other entities that participated in the conduct described in the Government's complaint.
+5. 15. The Estate will waive any non-disclosure agreements signed by former employees of Epstein or related entities and will notify such employees that they are not bound by confidentiality and are encouraged to cooperate fully and truthfully with the Attorney General and her representatives.
+
+I sincerely hope that the Estate will find these commitments to be uncontroversial and consistent with its commitment to ensure swift, fair and lawful resolution for Epstein's victims, and we look forward to talking with you about these issues and any other suggestions you may have to address the Government's concerns and interests.
+
+Sincerely,
+
+![]()Denise N. George, Esq.
+
+Attorney General of the U.S. Virgin Islands
+
+![]()
+
+# Exhibit 7
+
+From: Brittany Henderson c Sent: Monday, February 10, 2020 11:37 AM To: Denise Georoe Cc: Subject: Re: Epstein Estate
+
+Attorney General George,
+
+After our meeting, I am confident we all agree that there is nothing more powerful than the voices of the victims. As a testament, one of our clients reached out late last week and asked if she could speak with you directly or write you a letter sharing her feelings on the events that have recently transpired. The next day, another client called with similar requests. Hearing that these women welcome the opportunity to speak with you not only instills in me a great sense of pride, but it is also a reminder that we are all stronger together. Please let me know if you are interested in meeting so that we can figure out the best way to make that happen.
+
+Thank you for your time,
+
+
+
+In EDWARDS POTTING ER LLC
+
+Brittany N. Henderson
+
+Trial Attorney
+
+
+
+Caution: This e-mail has originated outside of GVI network. Do not click on links or open any attachment (s) that might look suspicious unless you have knowledge of who the sender is.
+
+From: Denise George Sent: Monday, February 10, 2020 12:46 PM To: Brittany Henderson Cc: Subject: RE: Epstein Estate Attachments: Brad Edwards 02-10-2020 AG Letter to Christopher Kroblin (Estate of Jeffrey E. Epstein).pdf
+
+Good day Ms. Henderson and Attorney Edwards:
+
+We are indeed very interested in meeting with the victims and I thank you for the productive and encouraging conversation in our February 4"1meeting. I agree that this is so important to ensure that we maintain an open dialogue with a goal of reaching a resolution that best serves all of the victims of Jeffrey Epstein's conduct and provides a model for how cases and conduct like this may be resolved in the future.
+
+To that end, I have attached a letter that I want to share with you which I sent to Epstein's Estate to establish the kind of specific commitments that would be required of the Estate to address the Government's concerns regarding their program as proposed. I welcome your thoughts and feedback. I also welcome you to contact my Executive Assistant Jennifer Springette to coordinate a meeting with the victims as soon as possible.
+
+I look forward to meeting with you again on this very important matter.
+
+Sincerely,
+
+DINISE N. GEORGE, ESQ. Attorney General Virgin Islands Department of Justice Office of the Attorney General
+
+
+
+From: Brittany Henderson Sent: Monday, Febr • To: Denise Geor e Cc: Su ject: Re: Epstein Estate
+
+From: Brittany Henderson Sent Monday, February 10, 2020 2:13 PM To: Denise Gear. e Cc: Subject: Re: Epstein Estate
+
+Attorney General George,
+
+Thank you very much for the quick reply. It is evident in reading your correspondence to the Estate that you and your team have put a significant amount of time Into reviewing the proposed claims fund in its current form. Your suggestions and requested commitments, as outlined, demonstrate that the best interests of the victims are at the forefront of your mission. That alone is comforting to us as we wade through conversations with our clients regarding the current status of affairs.
+
+That being said, I reached out to both of our clients immediately, who appreciate tremendously your willingness to meet with them. We look forward to facilitating an even more expansive free flow of ideas in an effort to reach a resolution that is most advantageous to the survivors. At your direction, we will contact Ms. Springette today to coordinate a time that works best for you and your office.
+
+In the meantime, please let us know if you are available this afternoon for a short call to discuss which portions of your letter, if any, you would feel comfortable with us sharing with the court tomorrow during the status conference for all currently pending cases being litigated in the Southern District of New York. Alternatively, we can speak in the morning prior to the conference which is set to begin at 10am EST.
+
+We look forward to speaking and continuing to work with you.
+
+Brittany Henderson, Esq. Edwards Pottinger LLC
+
+On Feb 10, 2020, at 11:45 AM, Denise George wrote:
+
+Good day Ms. Henderson and Attorney Edwards:
+
+We are indeed very interested in meeting with the victims and I thank you for the productive and encouraging conversation in our February 4'h meeting. I agree that this is so important to ensure that we maintain an open dialogue with a goal of reaching a resolution that best serves all of the victims of Jeffrey Epstein's conduct and provides a model for how cases and conduct like this may be resolved in the future.
+
+To that end, I have attached a letter that I want to share with you which I sent to Epstein's Estate to establish the kind of specific commitments that would be required of the Estate to address the Government's concerns regarding their program as proposed. I welcome your thoughts and feedback. I
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diff --git a/marker2/ds9/EFTA00087400/EFTA00087400.md b/marker2/ds9/EFTA00087400/EFTA00087400.md
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+To:
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+Date: Tue, 17 Aug 2021 11:54:22 +0000
+
+Attachments: KCG\_Appendix\_3-20\_13\_penultimate.docx; KCG\_TCR\_3-20-13-penultimate\_draft.pdf;
+
+KCG\_TCR\_3-20-13-penultimate\_draft.docx; KCG\_Appendix\_3-20\_13\_penultimate.pdf;
+
+kcglq2015.pdf; IMDS2012shareincrease.pdf; IMDS2013authshareinc.pdf;
+
+IMDS2014offering.pdf; IMDSShareincrease2017.pdf; IMDSshareincJune282018.pdf;
+
+IMDSdecauthorizedJuly122018.pdf
+
+No doubt Mr Hoecker ANOTHER in depth and thorough "investigation" by your office coming. Say it with me: The SEC is a grossly corrupt, criminal organization ACTIVELY facilitating multiple, ongoing, massive frauds on the public it is mandated to protect to the benefit of the criminals who own them while screwing the whistleblower
+
+who caught them: ME: Christopher J Dilorio
+
+Whistleblower Extraordinairel
+
+Cheers! Chris
+
+From: Chris Dilorio c > Sent: Monday, August 16, 2021 8:55 PM
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+SDNY,NY Supreme Court, NJ Judges et al
+
+IRREFUTABLE proof of SEC criminal Obstruction and corruption
+
+IMDS Florida SoS page
+
+ALL of the links have been expunged Detail by Entity Name (sunbiz.org)
+
+Good thing I have electronic versions: see attached
+
+2012 share increase from 4,000,000,000 to 10,000,000,000 2013 share increase from 10,000,000,000 to 20,000,000,000
+
+2014 Series M with Viable
+
+2017 share increase from 20,000,000,000 to 30,000,000,000 June 2018 share increase 30,000,000,000 to 40,000,000,000
+
+weeks later:
+
+July 2018 reverse split to 502,000,000
+
+Mr Bustilloe et al at the grossly corrupt SEC:
+
+FUCK YOU!
+
+You corrupt pieces of SHIT!
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower Ext raordi na ire
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+Irrefutable proof of SEC facilitated fraud.
+
+My 2013 Knight/UBS TCR filed with Berger Montague in March 2013. Highlighted trading activity in Imaging Diagnostic Systems: IMDS. Despite glaring AML Red Flags involving entities subsequently cited by the SEC as Securities law violators, NITE and UBSS traded billions of shares. The SEC: Boston Director Levenson et al brought a complaint against IMDS, CEO Linda Grable, and CFO Alan Schwartz for among other things: making false and misleading statements. The complaint also calls IMDS a fraud. In an effort to cover up this massive
+
+illegal activity by NITE and UBSS, the SEC chose to cover up instead.
+
+The SEC was in the process of revoking the IMDS registration when it allowed barred Linda Grable and Alan Schwartz along with Grable II to execute a SPA with a Chinese National entity called Viable International. The 2014 13D filed by Viable shows them owning 37 BILLION shares of IMDS when the SEC was in the process of revoking the registration and with the stock at .0001. Yet, the SPA with Viable was for a Series M preferred and
+
+the 6 tranch conversion was nowhere near 37 billion shares. In fact, Viable filed an "amended" 13d in March 2019 showing owning 87.1 million shares. Adjusted for reverse splits this amt approimates the Series M
+
+conversion formula in the SPA and filed with the Florida SoS.
+
+The 37 BILLION shares were used to close out open naked short fails. The SEC/Levenson orchestrated ANOTHER
+
+"glitch" to AGAIN bail out the criminal entity NITE. The ink wasn't even dry on the August 2012 "glitch". In facilitating this corrupt and criminal scheme the SEC allowed NITE/UBSS and others to close out a massive naked short position at a profit rather than forcing NITE/UBSS to cover/buy in the open market as is required under Rule 204 and incur massive losses. Proving AGAIN that the SEC bailed out a KNOWN criminal entity: NITE
+
+in August 2012. Simple fact of the matter: According to the Florida SoS page
+
+Detail by Entity Name (sunbiz.org)
+
+IMDS did not have 37 billion or more shares authorized under its articles of Incorporation
+
+In 2012, IMDS increased authorized to 10 billion from 4 billion shares
+
+ConvertTiffToPDF (sunbiz.org)
+
+in 2013, IMDS increased authorized shares from 10 billion to 20 billion
+
+ConvertTiffToPDF (sunbiz.org)
+
+Per my e mail below,
+
+IMDS didn't increase share authorization to the 40 billion required to account for the 37 billion share Viable
+
+"owned" until 2018. Yet the 13D and the SPA were done in 2014.
+
+The 37 billion shares were not authorized in 2014.
+
+The crux of illegal naked shorting.
+
+My information. This is EXACTLY what Congress intended when it enacted the Whistleblower statutes of Dodd Frank. Egregious illegal activity brought to the attention of the SEC by a whistleblower: ME. My information should have resulted in a very big award. Rather, Levenson/the SEC screwed me by covering up this massive fraud on the investing public. What has been the result of this criminal and corrupt scheme? The SEC OWB has denied my rightful award applications TWICE since. AND, the SEC gave these same criminals and others their own exchange in 2020: MEMX despite my pleading with the SEC not to allow it. The result: in 1Q2021 OTCM share volumes in hundreds of money laundering shells like IMDS hit 4+ TRILLION. Absolutely STAGGERING.
+
+The SEC is a grossly corrupt, criminal organization ACTIVELY facilitating multiple, ongoing, MASSIVE frauds on the public it is mandated to protect to the benefit of criminals who own them while screwing the whistleblower
+
+who caught them: ME.
+
+Mr Levenson/the SEC Boston has jurisdiction over AQR: Greenwich.
+
+Mr Peavler et al in Ft Worth brought a complaint against the massive fraud Nikola/Trevor Milton just last week
+
+for False and misleading statements. NKLA SPAC sponsors: VectolQ: AQR and Steve Girsky: Brookfield.
+
+ANOTHER fraud on the SDNY Courts
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Saturday, July 31, 2021 1:02 PM
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+SONY, NY Supreme Court, NJ Judges, NY AG/DFS et al, The interconnectedness of my claims on display AGAIN.
+
+I don't "hop" from 1 TCR to another by accident. Levenson: IMDS. Levenson:AQR
+
+Obstruction in both cases.
+
+So,
+
+Back to my Knight Capital/UBS et al TCR.
+
+IMDS: NITE/UBSS trading activity. Fraud SEC denials of awards. 2014: 2 years after the so called August 1 2012 "trading glitch"
+
+The IMDS "glitch". The naked short trading activity in IMDS by NITE and UBSS was massive. See my Knight/UBS
+
+TCR
+
+I caught them.
+
+Here's still MORE irrefutable proof of the veracity of my claims:
+
+SEC allowed 2 barred individuals: Schwartz/Linda Grable to execute the SPA with the Chinese National entity Viable which created 37 billion shares at .0001. Viable agreed to purchase these 37 billion shares knowing full well the SEC/Levenson were in the process of revoking the IMDS registration. Of course! Who wouldn't jump at
+
+the opportunity to own 37 billion shares of a revoked company? Grable II in SWORN affidavit says he alone executed the Viable SPA. LIE. The exhibit linked AGAIN below by me shows BARRED Schwartz/Linda Grable as
+
+representatives of IMDS along with Grable II.
+
+Again: the August 19 2014 Viable 13D showing ownership of the 37 billion shares
+
+EDGAR Filing Documents for 0001213900-14-006130 (sec.gov)
+
+EDGAR Filing Documents for 0001213900-14-006130
+
+Viable International Investments, LLC (Filed by) CIK: 0001617230 (see all company filings) IRS No.:
+
+464891086 I State of Incorp.:FL I Fiscal Year End: 1231 Type: SC 13DSC 13D
+
+www sec g ov
+
+that was 2014: TWO THOUSAND FOURTEEN
+
+Just 1 problem:
+
+The IMDS articles of incorporation with the Florida SOS show the authorized increased in shares from 30 billion
+
+to 40 billion common and 2 million pref took place in June 2018
+
+June 29, 2018 to be exact ConvertTiffToPDF (sunbiz.org)
+
+Here's the Grable II amended corp details with The Florida SOS filed in conjunction with the Viable SPA
+
+ConvertTiffToPDF (sunbiz.org)
+
+600 shares of Series M
+
+conversion rate: 147,282,723.12 shares of common per 1 share of Series M
+
+Do the math: IMDS did not have these common shares authorized when the Viable SPA was executed.
+
+the 37 billion shares of common were not authorized.
+
+According to Florida SOS articled of incorporation On June 28,2018: TWO THOUSAND EIGHTEEN Authorized
+
+shares were increased from 30 billion to 40 billion common and 2 million pref
+
+ConvertTiffToPDF (sunbiz.org)
+
+Then came the SEC reviewed Dec 31 2018 10O filed by IMDS
+
+https://www.sec.gov/Archivegedgar/data/790652/000121390019002531/f10q1218 imagingdiagnos.htm
+
+Filed on February 14,2019
+
+EDGAR Filing Documents for 0001213900-19-002531 (sec.gov)
+
+EDGAR Filing Documents for 0001213900-19-002531
+
+IMAGING DIAGNOSTIC SYSTEMS INC /FL/ (Filer) CIK: 0000790652 (see all company filings) IRS No.:
+
+222671269 I State of Incorp.:FL I Fiscal Year End: 0630 Type: 10-Q I Act: 34 I File No.: 000-26028 I Film No.:
+
+19605508 SIC: 3845 Electromedical & Electrotherapeutic Apparatus Office of Life Sciences
+
+written request to effect a 1:1000 reverse stock split in the form of a written consent of the majority
+
+shareholder of Imaging Diagnostics Systems Inc. The BoD of the corporation believed it to be in the best interest
+
+of the corporation and recommended that the stockholders approve a 1:1000 reverse stock split of the corporations issued and outstanding shares of common stock and a decrease in the amount of shares of common stock authorized to be issued from 40,000,000,000 shares to 500,000,000 shares" full stop. Please
+
+help me with this math as I'm not a corrupt SEC attorney.
+
+further:
+
+" After receiving stockholder approval by majority written consent the company filed amended and restated Articles of Incorporation with the Florida SoS on July 12 2018 to record this action. The reverse split became
+
+effective July 27, 2018"
+
+Here is the Florida SoS amended articles showing the decrease in Auth Shares to 500,000,000 common and 2
+
+million pref
+
+ConvertTiffToPDF (sunbiz.org)
+
+NEVER was authorized increased to 50 Billion as the reverse math would suggest
+
+Further,
+
+IMDS filed amended Articles in 2017 increasing the authorized share count from 20,000,000,00 to
+
+30,000,000,000 common and 2 mil pref
+
+ConvertTiffToPDF (sunbiz.org)
+
+Meaning: IMDS did not have the 37 billion shares authorized to sell to Viable in 2014.
+
+What was going on here?
+
+June 29, 2018: increase authorized from 30 billion to 40 billion
+
+2 weeks later: July 12, 2018: 1:1000 reverse split from 40 billion to 500 million (math???)
+
+But here's the kicker/smoking gun:
+
+Amended 13D filed by Viable on May 3 2019
+
+EDGAR Filing Documents for 0001213900-19-003579 (sec.gov)
+
+showing Viable owning 87,104,691 shares of common
+
+If you do the math based on the Series M conversion and adjust for 1:1000 that gets you to the 87+ million
+
+shares.
+
+AGAIN: The Viable SPA with barred Schwartz, Linda Grable and Grable II
+
+f8k062714ex10i imagingdiag.htm (sec.gov)
+
+f8k062714ex10i\_imagingdiag.htm - SEC
+
+WHEREAS, subject to the terms and conditions set forth in this Agreement and pursuant to Section 4(2) of the Securities Act of 1933, as amended (the "Securities Act"), and Rule 506 promulgated thereunder, the Company desires to issue and sell to Purchaser, and Purchaser desires to purchase from the Company,
+
+securities of the Company as more fully described in this Agreement.
+
+www.sec.gov
+
+The SPA was in the form of the Series M pref with conversion schedule above AGAIN: that would translate post reverse to the 13Da: 87,104,691 shares
+
+The crux of illegal naked shorting: shares created but not authorized by the issuer and its shareholders. This was the case in IMDS: my Knight/UBS TCR. To the tune of 37 BILLION shares. Covered up by the SEC/Levenson et al rather than prosecuting NITE for this illegal activity and paying me a rightful award for bringing these egregious Securities law violations to the SEC attention: EXACTLY what the SEC Whistleblower statues were intended by
+
+Congress to do.
+
+Rather, the SEC/Levenson et al chose to criminally and corruptly cover up and screw the whistleblower who caught them: ME. THEN, the grossly corrupt SEC followed up with TWO official, corrupt: ILLEGAL award denials. IMDS is just 1 of NITE/UBS top traded OTCM money laundering shells. The level of this illegal activity in 10 2021
+
+through MEMX by these KNOWN criminals is the direct result of this and other SEC corrupt criminal
+
+obstruction.
+
+Mr Levenson, what is the current itteration of Imaging Diagnostics trading symbol TODAY?
+
+There is none. ALL of this share increase/decrease post being revoked by the SEC has taken place in a NON
+
+trading BUT FULLY reporting SEC company.
+
+The latest SEC reviewed filing came in May 2021.
+
+EDGAR Search Results (sec.gov)
+
+In furtherance of the conspiracy
+
+Cheers!
+
+Christopher.' Dilorio
+
+Whistleblower Extraordinaire
+
+From: Chris Dilorio
+
+Sent: Friday, July 23, 2021 6:45 AM
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+SONY, NY Supreme Court, NJ Judges et al
+
+still MORE examples of SEC criminal obstruction and corruption. Carefully designed "complaints" that tell only part of the story INTENTIONALLY guaranteeing the illegal activity continues. Also designed to cover up SEC
+
+corruption while screwing the whistleblower who caught them: ME.
+
+Recall: the above referenced Oppenheimer AML preliminary Denial of award by Norberg et al: "SEC Staff never saw Mr Dilorio's information" only AFTER using my information for 5 (FIVE) years. Not just impossible but
+
+criminal as well.
+
+More
+
+Dick Best, Ms Mehtaban: SEC New York bullshit Cemtrex/Govil et al complaint ripped to shreds by yours truly: \$7 million in "mis appropriated funds yet just \$670k disgorgement: Money laundering acknowledged. Of
+
+course: no mention of money laundering in the complaint.
+
+No mention of the Cemtrex PUBLIC announcement with SEC filings unsolicited "take over" of contract
+
+manufacturer Key Tronic in September 2017. AND, Key Tronic public announcement with SEC filings response.
+
+Where Key Tronic details Cemtrex as an out right fraud.
+
+Related party transactions with NY based Vicon Industries: buying a position already sold in another SEC
+
+reviewed offering. ALSO Money laundering
+
+Prolific Bag Man Fife and Bag Man Ayrton: MY INFORMATION "investing" in Cemtrex in 2019: They BOTH knew Cemtrex was a money laundering shell. As did the other sophisticated "investors" like Cerberus and several
+
+others I detailed below: money laundering
+
+SEC
+
+Cemtrex Announces Pricing of Public Offering of Common Stock . Farmingdale, NY (August 22, 2018) — Cemtrex, Inc. (NASDAQ: CETX, CETXP, CETXW), a leading technology and manufacturing company,
+
+announced today the pricing of its previously announced underwritten public offering of 1,000,000 shares of common stock at a public offering price of \$1.65 per share for total gross proceeds of \$1,650,000.
+
+; -;.sec goy
+
+This offering was the result of a shelf Cemtrex filed and the SEC approved on June 5 2017
+
+EDGAR Filing Documents for 0001493152-17-006182 (sec.gov)
+
+This shelf like hundreds others I have detailed should have been pulled by the SEC given the Key Tronic public response to Cemtrex in September 2017. IF the SEC was actually interested in protecting the public as it is
+
+mandated to do.
+
+NOPE
+
+WHO underwrote the August 2018 Cemtrex public offering?
+
+Aegis
+
+SEC.gov I Broker-Dealer Admits It Failed to File SARs
+
+SEC.gov I Broker-Dealer Admits It Failed to File SARs
+
+Broker-Dealer Admits It Failed to File SARs. FOR IMMEDIATE RELEASE 2018-50 Washington D.C., March 28,
+
+2018 —
+
+i VA'AV.SeCgOV
+
+In march 2018, Aegis ADMITTED to facilitating money laundering in publicly traded shells.
+
+5 months later, they do an offering in Cemtrex. 1 year later, Fife, Ayrton, Cerberus et al do more "investing" in Cemtrex. How many AML red flags were ignored by Fife et al when they "invested" in Cemtrex? How many AML
+
+red flags did Best,Mehraban et al intentionally omit from their Cemtrex/Govil "complaint"?
+
+WHO executed the Aegis and other trades in Cemtrex,Vicon etc ?
+
+From the carefully constructed Best,Mehrban, SEC NY complaint the track record clearly points to Mehraban
+
+Paul Weiss mentor Dougie Large and Knight/KCG/VIRT: NITE.
+
+and NOT the "penny stock trading fairies". A page out of the BBH AML complaint as well as the UBS and Opco corrupt SEC playbook. Because as my irrefutable evidence: the record clearly shows: the core business at
+
+Knight/KCG/VIRT:NITE is and always has been: illegal naked shorting OTCM (and other) publicly traded shells to
+
+facilitate money laundering and tax evasion.
+
+As I have also detailed at great length in my correspondence with the SEC: NITE can NOT rely on third parties like Aegis as a substitution for its own compliance due diligence. What does NITE compliance do exactly except look the other way, also ignore glaring red flags, and NOT file ANY SAR's. SEC NY/Best/Mehrban have been corruptly obstructing investigations into my claims for years. These massive ongoing frauds are a direct result. The corrupt and criminal denials of my award claims with the OWB also play a key role in the SEC ACTIVELY
+
+The attached stated SEC procedures for handling whistleblower submissions.
+
+The stated testimony to Congress that the OWB is the primary point of contact between whistleblowers and the
+
+Commission.
+
+My extensive correspondence: THE RECORD.
+
+SEC IG Hoecker, I am STILL eagerly waiting for your office to interview me based on stated procedures you
+
+yourself wrote in conducting thorough investigations. The evidence is irrefutable:
+
+The SEC is a grossly corrupt, criminal organization ACTIVELY facilitating multiple, massive, ongoing frauds on the public it is mandated to protect to the benefit of the criminals who own them while screwing the whistleblower
+
+who caught them: ME.
+
+It has been 1 1/2 years since I filed an appeal for the Oppenheimer award denial. While I was waiting,
+
+Norberg/Pasquinelli et al issued a fraud denial for the FINRA/SEC/FINCEN UBS AML complaint. As I have shown, MANY within the SEC had my information. Including SEC NY. Which is why the SEC corruptly moved the handling of the complaint to the SEC LA. While never bringing ANY individual complaints against UBS San Diego brokers.
+
+The UBS trading activity: My information
+
+UBS acknowledged in the complaint by the SEC,FINRA,FINCEN as never shutting down its cross border business
+
+per the 2010 DoJ dropping its DPA: also my information.
+
+Not just impossible that "SEC staff never saw Mr Dilorio's information"
+
+But CRIMINAL as well.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower Extraordinaire
+
+From: Chris Dilorio e >
+
+Sent: Tuesday, July 20, 2021 8:36 AM
+
+UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 . FORM 10-K (Mark One) [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
+
+sec CO':
+
+Cemtrex: Brooklyn based Electronics Manufacturing Services (EMS) entity
+
+EDGAR Search Results (sec.gov)
+
+Did Dick Best et al SEC NY ever actually visit Cemtrex: EMS: HQ where all that contract manufacturing takes
+
+place?
+
+Bond Collective I Greenpoint
+
+Bond Collective I Greenpoint
+
+276 Greenpoint Ave Brooklyn, NY 11222. Spanning a floor-
+
+through of the Leviton factory building, our Greenpoint location is spacious, sun-filled and conveniently situated one block from
+
+the G train and NYC Ferry.
+
+www.bondcollective.com
+
+conspicuously absent from the Dick Best, Mehraban et al SEC NY complaint as usual: Money laundering
+
+In September 2017, Govil/Cemtrex announced an "acquisition" of Key Tronics. Key Tronics actually IS in the EMS
+
+space
+
+SEC reviewed filings and everything
+
+https://www.sec.gov/Archives/edgar/data/1435064/000149315217012469/ex99-5.htm
+
+EDGAR Filing Documents for 0001493152-17-012469 (sec.gov)
+
+https://www.sec.gov/Archives/edgar/data/1435064/000149315217012469/forms4a.htm#a 014
+
+What followed is absolutely astounding. Even for the grossly corrupt SEC:
+
+here is the Key Tronic official response to the Cemtrex/Govil "acquisition" announcement
+
+Keytronic Comments On Cemtrex Release — Keytronic Contract Manufacturer
+
+Keytronic Comments On Cemtrex Release — Keytronic Contract
+
+Manufacturer
+
+KEY TRONIC CORPORATION COMMENTS ON CEMTREX RELEASE Spokane Valley, WA — September 15,
+
+manufacturing services, became aware of a press release issued by Cemtrex, Inc. ("Issuer") on September 13, 2017 regarding its purported exchange offer for the outstanding shares of common stock of Key [...]
+
+There is a LOT the SEC had in its possession with this release. But, I would highlight the following point: "Key Tronic has never encountered Issuer (Cemtrex) in the Electronic Manufacturing Services (EMS) market space nor was Key Tronic aware of Issuer (Cemtrex) existence before Issuer (Cemtrex) filed a registration
+
+statement (with the SEC) regarding this purported offer"
+
+That was September 15, 2017. WHY isn't this little tidbit in the Dick Best/SEC NY complaint?
+
+OH, but there is MUCH MUCH MORE.
+
+Key Tronic is very much up and running as an independent company today:
+
+EDGAR Search Results (sec.gov)
+
+Then there's this:
+
+"Cemtrex acquires 46% of Vicon Industries"
+
+Vicon: Hauppauge NY
+
+EDGAR Search Results (sec.gov)
+
+This "acquisition" took place on/around March/April 2018 EDGAR Filing Documents for 0001493152-18-004566 (sec.gov)
+
+In January 2018 the SEC approved an offering of 9 million shares owned by an entity called NIL Funding Corp
+
+(too funny) in Vicon Industries
+
+Document (sec.gov)
+
+NIL is an affiliate of InterTech Group and controlled by Vicon Chairman Julian Tiederman
+
+InterTech Group
+
+EDGAR Search Results (sec.gov)
+
+NIL Funding/ Vicon Chairman Tiedemann supposedly loaned \$5 million+ to Vicon Industries: related party transaction: which of course was converted to worthless certs and dumped on the public in an SEC approved
+
+offering.
+
+So, HOW did Cemtrex "acquire" %46 of Vicon Industries?
+
+by purchasing the NIL Vicon position AFTER it was sold to the public from NIL of course
+
+https://www.sec.gov/Archives/edgar/data/310056/000149315218004566/ex99-1.htm
+
+Let's pause there to make sure EVERYONE knows what took place here:
+
+Fraud related party notes converted and sold to the public in Vicon:NlL Funding: January 2018
+
+Cemtrex claims %46 ownership in Vicon in March/April 2018 after purchasing the SAME NIL Funding position
+
+sold in the January 2018 SEC approved Vicon offering
+
+Then,
+
+Cemtrex selling the same NIL Funding position in Vicon in April 2018
+
+https://www.sec.gov/Archives/edgar/data/1435064/000149315218005560/forms-3.htm#a 006
+
+ANOTHER sham transaction:
+
+aa) The entire technical and commercial know-how attributable to the Seller's business operations, all technical and commercial business and business secrets, procedures, products, product solutions and developments, the respective rights thereto and all embodiments of these rights, other technical documentation and certifications - as well as all rights to inventions (collectively referred ...
+
+www.sec.gov
+
+Vicon Industries: a money laundering shell like Cemtrex voluntarily de registered with the SEC in 2019
+
+https://www.sec.gov/Archives/edgar/data/310056/000149315219000779/ex99-1.htm
+
+SEC.gov I HOME
+
+EXHIBIT 99.1 . Vicon Industries, Inc. Announces Plans to Deregister Common Stock with SEC . Hauppauge, New York, January 15, 2019 — Vicon Industries, Inc. (the "Company"), a publicly-traded producer of video
+
+management systems and components (OTCQB: VCON) headquartered in Hauppauge, New York, announced today that it intends to file with the Securities and Exchange Commission ("SEC ...
+
+www.sec.gov
+
+The SEC KNOWS Cemtrex to be a money laundering shell for years also. The Key Tronic letter SHOULD have
+
+shut down Cemtrex/Govil in 2017
+
+WHY didn't it?
+
+Look who "invested" in Cemtrex in June 2019: Iliad: Fife: MY TCR. MY INFORMATION AGAIN
+
+EDGAR Filing Documents for 0001567619-19-013717 (sec.gov)
+
+Fife not the only Bag Men in Cemtrex
+
+also: CVI/Susquehana
+
+EDGAR Filing Documents for 0001104659-21-023193 (sec.gov)
+
+EDGAR Filing Documents for 0001104659-21-023193
+
+CVI Investments, Inc. (Filed by) CIK: 0001649553 (see all company filings) IRS No.: 981253664 i State of
+
+Incorp.:E9 I Fiscal Year End: 1231 Type: SC 13G/ASC 13G/A
+
+sec cloy
+
+and Ayrton
+
+EDGAR Filing Documents for 0001493152-21-003859 (sec.gov)
+
+www sec g ov
+
+BOTH
+
+CVI/Susquehana
+
+in AQR/Trump/1MDB/Astra/Navios/ORIG/DRYS/Ari Glass etc money laundering shell Phunware
+
+EDGAR Filing Documents for 0001104659-21-027253 (sec.gov)
+
+EDGAR Filing Documents for 0001104659-21-027253
+
+CVI Investments, Inc. (Filed by) CIK: 0001649553 (see all company filings) IRS No.: 981253664 I State of
+
+Incorp.:E9 I Fiscal Year End: 1231 Type: SC 13G
+
+vo..,rw sec goy
+
+EDGAR Filing Documents for 0001493152-21-004485 (sec.gov)
+
+EDGAR Filing Documents for 0001493152-21-004485
+
+Phunware, Inc. (Subject) CIK: 0001665300 (see all company filings) IRS No.: 000000000 I State of Incorp.:DE
+
+Fiscal Year End: 1231 Type: SC 13G I Act: 34 I File No ...
+
+v(ww.sec goy
+
+as well as many other money laundering shells.
+
+To sum up: the SEC NY: Best/Mehraban et al Govil/Telidyne/Cemtrex complaint omits more than it SUBMITS. Intentionally. No mention of money laundering: also intentionally. The scope of the "investigation": also INTENTIONALLY limited. This was yet another attempt to cover up a massive SEC failure made possible by
+
+criminal obstruction and corruption related to my claims.
+
+Like ALL other money laundering shells: Fife, Ayrton etc etc know EXACTLY what these shells are: money
+
+laundering vehicles. The executing BD/MM's like NITE,CDEL etc know also.
+
+MORE irrefutable evidence that the SEC ACTIVELY facilitates massive, ongoing, multiple frauds on the public it is mandated to protect to the benefit of the criminals who own them at the expense of the public it is mandated
+
+to protect while screwing the whistleblower who caught them: ME.
+
+BTW Dick Best and Ms Mehraban et al: "Govil misappropriated more than \$7 million"
+
+yet, disgorgement of \$670O72227
+
+AGAIN: money laundering explained and acknowledged.
+
+More fraud on the SDNY courts. Quickly settled by SEC in cover up.
+
+Cheers!
+
+Christopher Dilorio
+
+Whistleblower Extraordinaire
+
+From: Chris Dilorio
+
+Sent: Sunday July 18, 2021 10:24 AM
+
+ci• • PP / isnignc t.ap PP
+
+SONY Judges et al,
+
+I made a few corrections to typos below. I also linked the actual 2017 10K. Prior I linked the 2017 10Ka. My
+
+apologies.
+
+As previously stated below: FTE "acquired" US Home Rentals: Alex and Antoni Szkaradek: Vision etc etc in December 2019. The corresponding revenue associated with this "acquisition" must be significant. But, how would the investing public conduct their due diligence when FTE hasn't filed a 2020 SEC reviewed/audited 10K?
+
+AND
+
+FTE hasn't filed a 100 with the SEC since 3Q2018?
+
+SEC cover up coming as is standard MO: revoke the FTE/Benchmark/US Home Rental registration AGAIN.
+
+How is it even remotely plausible there wouldn't be ANY mention of money laundering in ANY of these actions?
+
+Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934
+
+(§240.12b-2 of this chapter).
+
+www.sec.gov
+
+from 2018 into 2019 massive money laundering
+
+Start with Auctus
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-6.htm
+
+SBI Investments
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-4.htm
+
+Momingview Financial
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-7.htm
+
+One44 Capital
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-8.htm
+
+CrossOver Capital
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-9.htm
+
+Crown Bridge Capital
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-10.htm
+
+www.sec.gov
+
+SECURITIES PURCHASE AGREEMENT . This SECURITIES PURCHASE AGREEMENT (the "Agreement"), dated as
+
+of October 25, 2018, by and between FTE NETWORKS, INC., a Nevada corporation, with headquarters located at 999 Vanderbilt Beach Rd., Suite 601, Naples, FL 34108 (the "Company"), and CROWN BRIDGE PARTNERS, LLC, a New York limited liability company, with its address at 1173a 2nd Avenue, Suite ...
+
+www.sec.gov
+
+Eagle Equities
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-11.htm
+
+Qarum Holdings
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-14.htm
+
+JEM Debt Fund
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-18.htm
+
+Labrys Fund
+
+Adar: prolific Bag men
+
+EDGAR Search Results (sec.gov)
+
+LG Capital Funding "L": Joseph Lerman "G": Nochum Greenberg
+
+detailed extensively by me in related correspondence with the SEC/IRS/DoJ et al
+
+Also prolific Bag Men
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex4-20.htm
+
+EDGAR Search Results (sec.gov) LG overlap with NITE top traded shells
+
+Also:
+
+Baruch Greenberg (Nochum father) and Benny Silberstein: "payment processor" Payrix
+
+SAME address as LG: VERY symbiotic relationship
+
+Brooklyn NY 11225 SEC FORM D
+
+SEC FORM D
+
+In submitting this notice, each issuer named above is: Notifying the SEC and/or each State in which this notice is filed of the offering of securities described and undertaking to furnish them, upon written request,
+
+in the accordance with applicable law, the information furnished to offerees.\*
+
+www.sec gov
+
+AND: Cited in my claims and why IRS CI Agents flew to Denver from Chicago to meet with me in April 2016: My IRS TCR was based on the SEC TCR also filed with Berger Montague: John Fife: St George Investments,
+
+Typanex,Iliad, Tonaquint
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex4-1.htm
+
+EDGAR Search Results (sec.gov)
+
+EDGAR Search Results (sec.gov)
+
+EDGAR Search Results (sec.gov)
+
+EDGAR Search Results (sec.gov)
+
+EDGAR Search Results (sec.gov)
+
+The St George/Fife FTE Note was dated March 2018. FIVE F'N YEARS AFTER SUBMITTING MY SEC TCR
+
+John M. Fife, Chicago Venture Partners, L.P., Iliad Research and Trading, St. George Investments LLC, Tonaquint, Inc., and Typenex Co-Investment, LLC (Release No. LR-24886;3sp. 3, 2020) fsec.ggi)
+
+John M. Fife, Chicago Venture Partners, L.P., Iliad Research and Trading, St.
+
+George Investments LLC, Tonaquint, Inc., and Typenex Co-Investment, LLC
+
+(Release No. LR-24886; Sep. 3, 2020) - SEC.gov
+
+The Securities and Exchange Commission today filed charges against John M. Fife of Chicago and companies he controls for acquiring and selling more than 21 billion shares of penny stock without
+
+registering as a securities dealer with the SEC.
+
+www.sec.gov
+
+The Corrupt SEC OWB has yet to post this action to its website for award eligibility. WHY?
+
+Because it's MY INFORMATION
+
+Fife/FTE never should have happened
+
+Also laundering in FTE etc:
+
+Cerberus
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315219003102/ex10-15.htm
+
+Cerberus: Feinberg: Gruntal with SAC,Sater etc: Milken
+
+Cerberus: post NITE "glitch" bid with Virtu for OTCM Money laundering shell trader NITE. Virtu eventually
+
+did aquire NITE in SEC facilitated fraud transaction July 2017.
+
+Lastly: In the NYAG/NYDFS complaint against Vision in the SDNY: Atalaya
+
+Atalaya ALSO prolific money laundering Bag Men as well
+
+EDGAR Search Results (sec.ggs)
+
+So again:
+
+"SEC charges Executives of Network Infrastructure Company with accounting fraud"
+
+AND
+
+"Former CEO and CFO of Public Telecommunications Company charged in Manhaattan Federal Court with
+
+scheme to defraud investors"
+
+Doesn't even come close to describing the money laundering shell FTE.
+
+Which is why there is no mention of money laundering in ANY of these complaints. Guaranteeing it will
+
+continue.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower Extraordinaire
+
+From: Chris Dilorio
+
+Sent: Saturday, July 17, 2021 1:12 PM
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+ABSOLUTELY ASTONNISHING!
+
+STIPULATED ORDER AND FINAL JUDGMENT: Defendants shall not engage in acts practices or conduct that
+
+violates the following laws and regulations: the Consumer Financial Protection Act 12 U.S.C. § 1601 et seq• New York Executive Law § 63(12)• New York General Business Law ("GBL") § 349; New York Banking Law Article 12-D• New York Banking Law §§ 6-1 and 6-m; 3 CRR-NY §§ 41.3(a) and 41.4(a); 3 CRR-NY § 420.18• New York Financial Services Law § 4 08; Truth in LendingAct, 15 U.S.C. § 1601 et seq and Regulation Z, 12 C.F.R. § 1026 et seq; and New York Real Property Law § 235-b. Defendants are permanently restrained and enjoined from engaging in the following activities in New Yo rk: a. Purchasing, selling, managing or leasing any Residential Real Property except as expressly provided for in this Final Judgment or for their own personal use and enjoyment, and as further set forth in this judgment. By reason of the violations of law alleged in the Complaint, judgment for restitution in the amount of \$600 000 is hereby entered in favor of the Plaintiffs against Defendants. The NYAG will pay each Consumer who entered into a Residential Property Agreement with Defendant son or after December 12, 2011, who did not receive any compensation under the settlement obtained by the Plaintiffs from Atalaya Capital Management (Assurance No. 19-104 attached as Exhibit A to this Consent Judgment) and who will not receive rest itution pursuant to paragraphs 26-27 below the amount of \$22,641.50 each from the Vision Escrow Account. Plaintiffs represent that to the best of their knowledge, based in part on the information provided by Defendants, these Consumers are those listed in Confidential Appendix I. To the extent multiple Consumers listed in Appendix I jointly signed a Residential Property Agreement, the \$22 641.50 shall be divided equally between or among them, jointly and severally. By reason of the vio lations of law alleged in the Complaint, judgment for non-monetary restitution in the amount of \$3,161,805 is hereby entered in favor of the Plaintiffs against Defendants jointly and severally, and as further set forth in this judgment. Plainti ffs hereby release Defendants from all civil claims and causes of action brought by Plaintiffs arising from the subject matter of the Complaint, including any civil claims or causes of action that could be raised by Plaintiffs related to any Resident
+
+ial Property Agreement. For purposes of Federal Rule 54(b) this Final Judgment is as to all parties and all claims in this Action. This Final Judgment becomes effective upon entry by the Court. The Court will retain jurisdiction of this matter solely for the purpose of enforcing this Order and Final Judgment. (Signed by Judge Jed S. Rakoff
+
+on 1/10/2020) (jwh) (justia.com)
+
+Does Judge Rakoff know about the massive fraud the SEC and SDNY DoJ are CURRENTLY perpetrating on the
+
+SONY and NY AG/DFS?
+
+I will re post the FTE 2019 SEC reviewed 10K
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315220020612/form10-k.htm
+
+It really is that astonnishing!
+
+pg 9 and following
+
+The pre meditated fraud transition from "telecom infrastructure" to "commercial rennovation" to "Single family
+
+home rentals" explained
+
+FTE acquires US Home Rentals: Vision Property Management for total consideration of \$350 million: that's \$350,000,000 from Alex and Antoni Szkaradek for common stock, promissory notes, and Series I pref in
+
+December 2019.
+
+Further, an entity called Inmost Partners LLc run by Tiger Cub Eliot Kang Eliot Kang - CEO/Managing Partner - Inmost Partners LLC I Linkedln
+
+Eliot Kang - CEO/Managing Partner - Inmost Partners LLC I LinkedIn
+
+Eliot Kang Founder & CEO at Inmost Partners LLC New York, New York, United States 500+ connections
+
+www.linkedin.com
+
+"acquired" through various assignments more than \$50 mil in prior issued notes: pass the notes around
+
+Per my analysis below:
+
+the last 100 filed by FTE was 3Q2018
+
+EDGAR Search Results (sec.gov)
+
+AND
+
+FTE has yet to file a 10K for 2020 HOW IS THIS REMOTELY PLAUSIBLE?
+
+Bustilloe, Hodgman/Strzok,Gibson, Mrs Rusty Wing et al brought these frauds to the SDNY KNOWINGLY
+
+These "comlaints" don't accurately portray what the true nature of FTE really is. Not even close.
+
+The SEC KNEW FTE was a money laundering shell when it revoked: kinda/sorta: the FTE registration. ALL
+
+involved in FTE AFTE 2014 knew it was a money laundering shell. Then, in a very well orchestrated
+
+"transformation", FTE was used to launder HUNDREDS OF MILLIONS OF DOLLARS by known to the SDNY Courts, NY AG, and NYDFS felons. The vehicle: fraud note/fraud acquisitions, worthless certs dumped on the public. No doubt the SEC cover up MO will go into action and the SEC will AGAIN revoke the FTE registration. AGAIN: after
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Saturday July 17, 2021 8:19 AM
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+SDNY Judges et al,
+
+You were played for fools by the SEC.
+
+Irrefutable.
+
+OPINION AND ORDER GRANTING MOTIONS TO DISMISS re: 66 MOTION to Dismiss the Amended Complaint and Partial Joinder in Motion by Defendants Fred Sacramone, James Shiah, Jeanne Kingsley, and Stephen Berini to Dismiss the Amended Complain t filed by Brad Mitchell, Christopher Ferguson, Luisa Ingargiola, Patrick O'Hare, 63 MOTION to Dismiss the Amended Complaint filed by Lynn Martin, 99 MOTION to Take Judicial Notice filed by
+
+Efraim Bare nbaum, IRA, 59 MOTION to Dismiss Amended Complaint filed by James Shiah, Jeanne Kingsley Stephen Berini, Fred Sacramone. After a series of revelations of corporate misconduct by executives at FTE Networks, Inc., Plaintiff Ephraim Barenbaum, IRA, brought this action derivatively to recover on behalf of the company for that wrongdoing. In addition to the responsible actors Barenbaum sued certain members of the FTE Board. However, Barenbaum's Amended Complai nt fails to allege that demand on the now-existing FTE Board of Directors would have been futile, as he must, to have standing to bring a derivative case. As a result, the Amended Complaint is dismissed with prejudice. Alternatively, all claims against Defendants Sacramone, Shiah, Ferguson, Ingargiola, Mitchell, O'Hare, Martin, Kingsley, and Berini are dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The Court also grants Pla intiffs motion for judicial notice as set forth herein. In summary, the Court grants the motions to dismiss at ECF #59, 63, and 66 with prejudice and grants the motion for judicial notice at ECF #99. The Clerk of Court respectfully is requested to close the case. (Signed by Judge Mary Kay Vyskocil on 9/30/2020) (mro) Transmission to Orders and Judgments
+
+Clerk for processing. (justia.com)
+
+It ALL continues under new "management". Fraud notes with new management will lead to further dilution and
+
+4.4 Enforceability.The Note is a valid, legal and binding obligation of Borrower, enforceable against Borrower in accordance with its terms except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights
+
+generally and by general equitable principles (whether enforcement is sought by ...
+
+www.sec.gov
+
+pg 52 of the 2019 SEC reviewed 10K below
+
+Cobblestone Ventures LLc is controlled by current CEO Michael Beys
+
+ANOTHER fraud note from convicted NY Felon
+
+Alexander Szkaradek
+
+also pg 52 of the SEC reviewed 2019 10K
+
+New York Sues S.C.-Based Lender Over Predatory Practices (nationalmortgageprofessional.com)
+
+New York Sues S.C.-Based Lender Over
+
+Predatory Practices
+
+New York Attorney General Letitia James and New York
+
+Superintendent of Financial Services Linda A. Lacewell have filed a lawsuit in federal court against Columbia, S.C.-headquartered Vision Property Management LLC, its CEO Alex Szkaradek and
+
+affiliated companies for allegedly running an illegal and
+
+nationalmortgageprofessional.com
+
+Then, there's Lateral
+
+More to follow
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Friday, July 16, 2021 3:37 PM
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+SONY, NY Supreme Court, NJ Judges et al.
+
+It truly takes a corrupt village. Mr Bustilloe/Miami SEC
+
+"SEC charges Executives of Network Infrastructure company with Accounting Fraud"
+
+SEC.gov i SEC Charges Executives of Network Infrastructure Company With Accounting Fraud
+
+SEC.gov I SEC Charges Executives of Network Infrastructure Company With
+
+Accounting Fraud
+
+The Securities and Exchange Commission today charged the former CEO and CFO of FTE Networks Inc., a network infrastructure company formerly based in Naples, Florida, with conducting a multi-year accounting
+
+Mrs John "Rusty" Wing aka piled on to bring yet ANOHER fraud to the SDNY Courts
+
+Former CEO And CFO Of Public Telecommunications Company Charged In Manhattan Federal Court With
+
+Scheme To Defraud Investors I USAO-SDNY I Department of Justice
+
+"Former CEO and CFO of Public Telecommunications Company Charged in Manhattan Federal Court with
+
+scheme to defraud investors"
+
+let's take a deeper dive into the money laundering shell FTE Networks
+
+fka Beacon Enterprise Solutions, Galaxy Specialities Inc, Suncrest Global Energy
+
+EDGAR Search Results (sec.gov)
+
+The FTE/Beacon 2016 SEC reviewed 10K
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315217005044/form10-k.htm
+
+2015 Revenue 14,388,682 2016 Revenue 12,269,079
+
+BUT
+
+largest customer "M" was 52% of total revenue at 6,332,966 in 2016 WHILE customer "M" was 66% of Account receivable at 4,624,600
+
+Revenue recognition????
+
+Businesses included Focus Fiber, Focus Wireless, Jus-Com, and CrossLayer Inc.
+
+the 2017 10k
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315218005377/form10-k.htm
+
+2017 Revenue \$243,409,000
+
+On April 20, 2017 FTE bought Benchmark Construction with "historical revenue in the \$300 mil-\$400 mil range. Benchmark's business model focuses on the buildout of Interior commercial space for a client base that consists
+
+of the worlds most distinguished companies"
+
+"we completed the acquisition of Benchmark, a leading provider of construction management services based in
+
+New York for \$74,245,000."
+
+Quite the deal for an entity generating \$300-400 million in annual revenue.
+
+The FTE SEC reviewed 2018 10K 2018 revenue \$384,755,000
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315220008176/form10-k.htm
+
+The 2019 SEC reviewed 10K
+
+https://www.sec.gov/Archives/edgar/data/1122063/000149315220020612/form10-k.htm
+
+2019 revenue 7,518,000 2018 revenue 15,103,000
+
+So, Benchmark Construction purchased in April 2017 for \$74 mil with annual revenue of \$300-400 mil contributed to the FTE \$ 243,409,000 mil in revenue in 2017 and \$384,755,000 in 2018 revenue then
+
+Read my TCR's and correspondence: sham transactions. A vehicle used to create billions of worthless certs. Usually through fraud convertible notes. Often assigned. Converted, dumped on the public by executing BD/MM who profit via illegal naked shorting. EXACTLY what happened here. But, wait there's more!
+
+F7
+
+"Description of Business"
+
+"FTE Networks Inc (collectively with its subsidiaries, "FTE" or the "company") by and through its wholly owned subsidiary, US Home Rentals LLC is a MAJOR owner and operator of single family rental homes in Tier 3 and Tier
+
+4 markets with 3200 rental home properties across the US...."
+
+So,
+
+"Telecom infrastructure" to "Commercial renovations" to "Major owner and operator of single family rental homes" in just 3 years. WOW!! What a "tranformation". IF the ownership of 3200 rental homes is legit, HOW
+
+did they finance their purchase???
+
+FBI Agent Sweeney, did they stop teaching money laundering at the FBI?
+
+It's obviously not taught in the SONY OR SEC either.
+
+Here's a little pointer:
+
+In 2009, Beacon did an SEC approved D offering for \$1 million through Garden State Securities NJ and affiliates
+
+SEC FORM D
+
+Interesting firm ala NETE/Mullen/AQR et al: Alexander Capital
+
+GSS: Red Bank NJ. Bada Bing
+
+GARDEN STATE SECURITIES INC. - BrokerCheck (finra.org)
+
+BrokerCheck - Find a broker, investment or financial advisor
+
+BrokerCheck is a trusted tool that shows you employment history, certifications, licenses, and any violations
+
+for brokers and investment advisors.
+
+brokercheck.finra.org
+
+According to the GSS/affiliates web page: they sell their orderflow to "wholesalers" like NITE
+
+GSS/affiliates clear through Axos
+
+Axos Bought COR Clearing
+
+Axos Financial Inc. Closes COR Clearing LLC Acquisition (tradersmagazine.com)
+
+Axos Financial, Inc. Closes COR Clearing LLC Acquisition
+
+Axos Financial, Inc. (NYSE: AX) (Axos or the Company) announced that its subsidiary, Axos Clearing, LLC, has completed the acquisition of the parent company of COR Clearing LLC (COR Clearing) after receiving all
+
+required regulatory approvals.
+
+www.tradersmagazine.com
+
+COR Clearing LLC (sec.gov)
+
+UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION
+
+SECURITIES EXCHANGE ACT OF 1934 ORDER INSTITUTING
+
+ADMINISTRATIVE AND CEASE-AND-DESIST PROCEEDINGS, PURSUANT TO
+
+SECTIONS 15(b) AND 21C 1934, MAKING FINDINGS, AND IMPOSING -
+
+SEC.gov I HOME
+
+4 selling the shares and then wiring out the proceeds of the resale."3 COR's AML policies recognized since
+
+at least early 2013 that the foregoing DSW activity indicated a red flag.
+
+Remember: the SEC revoked the FTE registration in 2014.
+
+Kinda/sorta: a shell
+
+UNITED STATES OF AMERICA (sec.gov)
+
+the fraud Benchmark acquisition "revenue" used to "uplist" to the NYSE
+
+you can take the money laundering shell out of the OTCM but you can't take the OTCM out of the money
+
+laundering shell. Interim CEO of FTE: House rental company TODAY is a former EDNY "prosecutor": Michael Beys
+
+Agent Sweeney, Mrs Rusty Wing, Mr Bustilloe et al
+
+\$23 million is just the beginning of this fraud. A KNOWN money laundering fraud kept up and running by the
+
+SEC for 21 years and counting. AND after being revoked in 2014 kinda/sorta
+
+Speaking of money laundering shells kept up and running by the SEC:
+
+AQR CIS,Delta,Urban Tea,Bit Brothers money laundering shell. Filed a \$200 mil shelf in June 2021. Did a \$22.5
+
+mil direct offering last night. Stock down 47% today. Must be a WHOPPER of an "investigation".
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower Extraordinaire
+
+From: Chris Dilorio ‹ >
+
+Sent: Saturday, July 10, 2021 8:08 AM
+
+Subject: Fw: Formal appeal for covered action 2015-016/ Knight Capital TCR & Appendix
+
+Judge Oetken et al,
+
+No wonder why the SEC settled so quickly with Arena and Bradley: Parallax.
+
+I left out 1 selling shareholder from the thoroughly reviewed Parallax June 2019 51
+
+Lincoln I Pace Arizona Dentist
+
+Lincoln I Pace DDS - Book Appointment Online, View Reviews, Timings I Dentallnsider.com
+
+Rated Dentist on Dental Insider
+
+Each day, thousands of patients rely on our comprehensive
+
+dentist profiles and reviews to find dental professionals providing
+
+the highest level of care.
+
+www.dentalinsider.com
+
+Judge Oetken,
+
+I have attached my IRS TCR filed with Berger Montague. The IRS TCR was based on the SEC TCR. It was WHY IRS CI agents Vikas Arora and Nate Sarnacki flew to Denver from Chicago in April 2016 to meet with me. Berger submitted my IRS TCR shortly after submitting my SEC TCR in March 2013. As you can clearly see and as the record of extensive correspondence (including IG Hoecker) clearly shows: the SEC/FINRA/FINCEN UBS AML complaint for which Norberg,Pasquinelli,Knowles,Wardlay issued their fraud denial WHILE I was still waiting for
+
+my Opco Denial appeal: The Opco trading data ALSO implicates UBS as well as NITE: SEC OWB/IG Hoecker FRAUD: "Enforcement staff never saw Mr Dilorio's information"
+
+FinCEN Assesses \$14.5 Million Penalty against UBS Financial Services for Anti-Money Laundering Failures
+
+FinCEN.gov
+
+FinCEN Assesses \$14.5 Million Penalty against UBS Financial Services for
+
+Anti-Money Laundering Failures I FinCEN.gov
+
+WASHINGTON—The Financial Crimes Enforcement Network (FinCEN) today announced an assessment against UBS Financial Services, Inc. (UBSFS) for willful violations of the Bank Secrecy Act (BSA).. FinCEN assessed a \$14.5 million civil money penalty, of which \$5 million will be paid to the U.S. Department of the
+
+Treasury and the remainder will be concurrent with penalties for similar or related ...
+
+www.fincen.gov
+
+The blatant, and egregious disregard by NITE/UBSS at al in trading billions of shares of sham companies with no products, nothing but losses, reverse merger,repeat explained: illegal naked shorting facilitates ALL of it. Very profitable. Virtually riskless. Further, as I ask in my information: WHEN would NITE,UBSS, CDEL etc file a SAR? BEFORE or AFTER trading billions of shares???? There ARE NO SAR's. This also would fall under the jurisdiction of Kevin Goodman. This is the IRS TCR: money laundering/tax evasion related to this illegal naked shorting. In it,
+
+I discuss the Economic Substance Theory. WHY do sophisticated investors like the ones I have detailed
+
+extensively bother "investing" in these sham companies?? Take Mr Goodman's et al Parallax "Covid complaint" and the OTHER sham shells I detail below. In fact, take the SEC OWN WORDS in the Parallax complaint: Parallax had no products AND no money in Early 2020 when Arena/Bradly made their bogus claims. What did they have? The same thing I detail in my extensive correspondence: ALL of these money laundering shells have
+
+worthless certificates. Usually converted from bogus, fictitious promissory notes. Then dumped on the public by
+
+a WILLING executing BD/MM like NITE,UBSS,CDEL etc. AND, converted into real money. The BD/MM are
+
+compensated in the form of illegal naked shorting trading profits. This is and always has been the core business
+
+This is why my claims have been criminally obstructed by the SEC. The SEC has REPEATEDLY bailed out a known criminal enterprise. This is why Goodman produced the bullshit "order handling" complaint almost 6 months
+
+after I sent him my TCR in July 2015. This is why ALL of the related entities are omitted in his Parallax complaint. The SEC admits also repeatedly admits that shams like Parallax are money laundering shells. WHY? Just ask who
+
+trades them.
+
+In Parallax Goodman, the SEC et al acknowledge Parallax as a money laundering shell. Yet no AML complaint.
+
+NITE top trader?
+
+To further prove my point: The SEC approved Parallax 51: June 2019 with sellers I detailed below. Yet, in early 2020, the SEC acknowledges Parallax had no money to support their "new product" claims. HOW CAN THIS BE? As with hundreds of money laundering shells/NITE/UBSS et al top traded: These sophisticated investors are NOT
+
+"investing". They are LAUNDERING.
+
+And with bullshit "order handling", "front running", stand alone "P&D" (per my TCR: just a tool used to facilitate the laundering/naked shorting), "market access", "Covid disclosures", etc etc complaints, the SEC guarantees
+
+the activity will continue.
+
+It does in July 2021.
+
+Cheers! Chris
+
+From: Chris Dilorio ‹ >
+
+Sent: Friday, July 9, 2021 5:50 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Judge Oetken,
+
+I am EAGERLY awaiting to see which SDNY Judge is the victim of the latest SEC fraud on the Courts and the
+
+investing public it is mandated to protect.
+
+"SEC charges Company and Two Executives for Misleading COVID-19 Disclosures"
+
+Let that sink in for a minute
+
+Parallax Health Sciences, Inc., Paul Arena and Nathaniel Bradley (sec.gov)
+
+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+S . FACTUAL BACKGROUND 13. At all times relevant to this Complaint Defendant Parallax was a publicly
+
+traded company with the ticker symbol PRLX and was required to file periodic reports with the
+
+www.sec gov
+
+Parallax
+
+fka Endeavor Power/EndeavorUranium/VB Trade
+
+a money laundering shell kept up and running for more than a decade
+
+EDGAR Search Results (sec.gov)
+
+A June 2019 approved offering is chock full of info. Pre COVID of course
+
+Form S-1 Registration (sec.gov)
+
+Selling shareholders include:
+
+EMA: detailed by me as a prolific Bag Men/women in extensive correspondence with the SEC: the record
+
+EMA: 40 Wall Street: Trump EDGAR Search Results (sec.gov)
+
+Ionic Ventures
+
+EDGAR Search Results (sec.gov)
+
+Ionic is Keith Coulston. Formerly Ironridge
+
+SECURITIES EXCHANGE ACT OF 1934 ADMINISTRATIVE PROCEEDING
+
+ORDER INSTITUTING ADMINISTRATIVE AND CEASE -AND - DESIST
+
+PROCEEDINGS PURSUANT TO SECTIONS 15(b) AND 21C OF THE
+
+SECURITIES EXCHANGE ACT OF I. ,URQULGJH\*OREDO3 DUWQHUV //&
+
+,URQULGJH " II. - SEC.gov
+
+3 Ironridge Develops a Finance Model Based on the Registration Exemption Contained in Section 3(a)(10)
+
+of the Securities Act 7. In relevant part, Section 3(a)(10) of the Securities Act provides an
+
+Ironridge: like Ionic: Prolific Bag Men EDGAR Search Results (sec.gov)
+
+Ionic also in the AQR money laundering shell CIS/Delta/Urban Tea/Bit Bros
+
+EDGAR Filing Documents for 0001753926-20-000178 (sec.gov)
+
+EDGAR Filing Documents for 0001753926-20-000178
+
+business address huakun times plaza, room 1118, floor 11 no. 200, erduan, east xiang fu road yuhua
+
+district, changsha city f4 410014 86 511-8673-3102
+
+www.sec gov
+
+Central to my AQR TCR: Russian spies and Chinese Nationals. Up and running TODAY
+
+Ironridge was involved in ANOTHER AQR money laundering blank check shell in my TCR: Cereplast
+
+EDGAR Filing Documents for 0001144204-12-040024 (sec.gov)
+
+Cereplast has also been kept up and running and has been reincarnated after bankruptcy as ANOTHER Chinese
+
+money laundering shell
+
+Ironridge also NITE top traded fraud VelaTel
+
+EDGAR Filing Documents for 0001144204-15-009142 (sec.gov)
+
+AND ANOTHER SEC fraud on the SONY: NewLead Holdings for which I filed a separate but related TCR
+
+EDGAR Filing Documents for 0001144204-14-014312 (sec.gov)
+
+Other selling shareholders: Harbor Gates Capital LLc
+
+Michael Sobeck and Christina Avila: Puerto Rico Sobeck is a Prolific Bag Men formerly Tangiers
+
+Highlighted by me with a few NITE top traded shells like NYXIO
+
+EDGAR Search Results (sec.gov)
+
+Stefansky also in money laundering shell Aquamed Technologies now Nexgel
+
+EDGAR Search Results (sec.gov)
+
+Stefansky controlled Aquamed/Nexgel with Nachum Stein Stein is CEO/Chairman of American European Insurance
+
+About I American European Insurance Group (aeiginsurance.com)
+
+Aquamed/Nexgel77777
+
+For his part Rosenblum is involved in OTC bb shell Innovative Payment Solutions: IPSI
+
+fka Asiya Pearls Inc, fka QPAGOS EDGAR Search Results (sec.gov)
+
+IPSI CTO is formerly CTO at Cyprus based/NASDAQ listed QIWI: related to my NetElement TCR.
+
+An "Investor" in IPSI is Robert Klimov/Bellridge Capital
+
+Klimov/Bellridge also in the money laundering shell Black Cactus Global Inc
+
+FKA Envoy Group Now BLGI Inc
+
+EDGAR Search Results (sec.gov)
+
+Klimov/Bellridge/Black Cactus involved in some Paid P&D
+
+https://www.sec.gov/Archives/edgar/data/1575345/000116169718000269/exhibit 99-1.htm
+
+Another seller in Parallax: Digital Power Lending LLc
+
+Contact — Digital Power Lending
+
+VJ Contact — Digital Power Lending
+
+Get in Touch with Us. Fill out the contact form below and one of our courteous professionals will get back to you as soon as
+
+possible.
+
+digitalpowerlending.com
+
+DPL is a subsidiary of DPW Holdings now Ault Group
+
+Controlled by Milton Ault
+
+EDGAR Search Results (sec.gov)
+
+"investor" in DPW:
+
+EDGAR Filing Documents for 0001104659-20-087614
+
+DPW Holdings, Inc. (Subject) CIK: 0000896493 (see all company filings) IRS No.: 941721931 I State of
+
+Incorp.:DE I Fiscal Year End: 1231 Type: SC 13G I Act: 34 I File ...
+
+www.sec.gov
+
+Digital Power Lending: Newport Beach CA.
+
+Oh, did I forget to mention Parallax CEO Paul Arena is well known to the SEC as well as the New Mexico
+
+Securities regulator?
+
+augmecorresp041911.htm (sec.gov)
+
+OTHER Paul Arena money laundering shells:
+
+Augme
+
+fka HipCricket,Innerspace,Modavox,Surfnet Now: EPMLive. Kept up and running by the SEC
+
+EDGAR Search Results (sec.gov)
+
+Geos Communications: fka Digital Data Networks, 12 Telecom International
+
+EDGAR Search Results (sec.gov)
+
+Revoked by the SEC as a shell
+
+and
+
+Cerus Technology Partners fka AIM Group Inc
+
+EDGAR Search Results (sec.gov)
+
+But But But But "COVID Disclosures"
+
+ALL of the activity detailed in my claims is very much on going in July 2021 thanks to SEC criminal
+
+obstruction/corruption on display once again in the SDNY with this complaint. This complaint is yet ANOTHER
+
+fraud on the SONY Courts and is irrefutable evidence of my serious allegations:
+
+The SEC is a grossly corrupt, criminal organization ACTIVELY facilitating multiple, massive,ongoing frauds on the public it is mandated to protect to the benefit of the criminals who own them while screwing the whistleblower
+
+who caught them: ME
+
+Per the PR announcing the Parallax COVID disclosure complaint:
+
+"The Commission appreciates the assistance provided by the Financial Industry Regulatory Authority"
+
+Kevin Goodman: SEC OCIE BD's was made Chief Overlord of FINRA: Goodman new title:
+
+OCIE FINRA and Securities Industry Oversight (FSIO) group
+
+Report from FINRA Board of Governors Meeting — September 2019 I FINRA.org
+
+Report from FINRA Board of Governors Meeting - September 2019
+
+WASHINGTON - FINRAs Board of Governors met on Sept. 24-26 at FIN RA's offices in New York, where it approved six rule proposals and received several operational updates from FINRA staff.. The Board continued its engagement with key stakeholders by meeting with two officials from the Securities and
+
+Exchange Commission (SEC): Pete Driscoll, Director of the SEC's Office of Compliance ...
+
+www.finra.org
+
+FINRA/Goodman put out this friendly reminder just yesterday for Criminal BD's like NITE/CDEL who own the
+
+SEC/FINRA and their PFOF/Best execution "requirements"
+
+Regulatory Notice 21-23 I FINRA.org
+
+Regulatory Notice 21-23 I FINRA.org
+
+Summary FINRA is issuing this Notice to remind member firms of longstanding Securities and Exchange Commission (SEC) and FINRA rules and guidance concerning best execution and payment for order flow, which the SEC has defined very broadly to refer to a wide range of practices including monetary payments
+
+and discounts, rebates, or other fee reductions or credits.
+
+www.finra.org
+
+No doubt a deterrent from the BD SRO FINRA where the salaries of employees are paid by the criminals they
+
+"oversee".
+
+What an absolute farce of an enforcement deterrent the BD SRO FINRA is. Goodman is the PERFECT fit as the FINRA Overlord at the SEC. This bullshit "COVID 19 disclosure" complaint brought by the SEC/FINRA/Goodman et al is yet another example of SEC obstruction and corruption. Like "front running", "order handling", "market access", "stand alone P&D", etc etc etc. NOT a deterrent. Intentionally. So the criminal activity can continue. Because the criminals OWN the SEC/FINRA. This is why the SEC has outsourced the entire OTCM to FINRA. Including short interest reporting, issuer corporate actions: reverse splits, and compliance with the BSA.
+
+Judge Oetken et al: The reason SEC IG Hoecker and his "bosses" at the SEC don't want to meet with me despite
+
+my many offers to do so (same goes for Dal/FBI): I would absolutely HUMILIATE them.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower Extraordinaire
+
+From: Chris Dilorio
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+SDNY Judges: which one of you will be the lucky recipient of still MORE SEC fraud on your courts?
+
+Complaint - OFER ABARBANEL (sec.gov)
+
+As is SOP for the SEC
+
+More OMMISSIONS than submissions
+
+Are we clear? Further:
+
+"From March 2019 through November 2020, Abarbanel and the ( FULLY SEC REPORTING SHELL) Fund transferred approximately \$102,000,000 of the funds invested by investor Group A into NARL ACCOUNTS"
+
+the COO of State Funds/New York Alaska is Nicholas Abbate A former "independent" Market Maker at Knight Capital
+
+UNITED STATES (sec.gov)
+
+Guess who controlled (for others) 40% of the State Fund receiving the \$102,000,000 investor Funds?
+
+"Note 9. Control and Ownership"
+
+Brown Brothers Harriman
+
+The penny stock money launderer FINRA/Dick Best all entities un named
+
+Guess who controlled (for others) 57% of the State Fund/NARL receiving the \$102,000,000 investor funds?
+
+Bahamas/Toronto based Old Fort/Mosaic Ltd
+
+Mosaic Financial (mosaic-financial.com)
+
+Mosaic Financial
+
+For more than 50 years, our team has built on expertise in private banking for UHNW individuals and families to serve larger and more complex accounts in financial technology. To serve our clients better, we provide a turnkey asset management platform that simplifies custody, execution, accounting, reporting, research,
+
+mosaic-financial.com
+
+Yet, somehow/ some way: no mention of COO Abbate, BBH, OR Mosaic/Old Fort
+
+AND
+
+Of course: absolutely ZERO reference to AML.
+
+ANOTHER fraud SEC complaint coming to the SDNY Courts
+
+The SEC is a grossly corrupt, criminal organization bought and paid for by criminals ACTIVELY facilitating multiple, massive, ongoing frauds on the public while screwing the whistleblower who caught them: ME
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Friday, June 11, 2021 5:59 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+SDNY,NY Supreme Court, NJ Judges et al
+
+to say the SEC is a grossly corrupt ,criminal enterprise ACTIVELY facilitating multiple, massive, ongoing frauds on the public to the benefit of the criminals who own them while screwing the whistleblower who caught them: me. The real world implications of this irrefutable FACT are staggering. REAL lives changed/ruined. Staggering losses for "main street investors" as Clayton referred to them. Because, for ANYONE spending more than an hour or 2 on a trading desk: Gordon Gekko was right: "It's a zero sum game. Somebody wins, somebody loses". The Grossly corrupt SEC has rigged the game in favor of the criminals over the public it is mandated to protect.
+
+Mr Paley, did your Micro Cap Fraud Task Force actually accomplish ANYTHING? How did 4+
+
+TRILLION shares of OTCM money laundering shells trade in 10 2021? Are prolific Bag Men like Kramer and
+
+Honig etc etc etc actually "out of business"?
+
+Mr Gensler, Chair Waters/Congress made repealing the grossly corrupt Clayton, Peirce, Roisman Rule in the summer of 2020 that exempts 90% of current 13 F filers a priority. Will you execute the stated will of Congress?
+
+SEC.gov I SEC Proposes Amendments to Update Form 13F for Institutional Investment Managers: Amend
+
+Reporting Threshold to Reflect Today's Equities Markets
+
+SEC.gov I SEC Proposes Amendments to Update Form 13F for Institutional
+
+Investment Managers; Amend Reporting Threshold to Reflect Today's
+
+Equities Markets
+
+The Securities and Exchange Commission today announced that it has proposed to amend Form 13F to update the reporting threshold for institutional investment managers and make other targeted changes.
+
+www.sec.gov
+
+Speaking of Prolific Bag Man Honig: As you are all aware, I made the connection between Honig, Russian entities,Signature Bank: SBNY, and the criminal law firm of Sichenzia Ross. Mr Gottschall: Have you been able
+
+to locate Castle Rock on a map yet?
+
+Here are just a few of the recently filed RIOT Blockchain filings with the SEC
+
+Detailing a few "transactions"
+
+With the likes of The Bejing China Bitcoin mining company Bitmain where RIOT bought the "mining machines" at the Rockdale Texas I gig-F "HPC" data center. It doesn't look like Bitmain has much of a future in China. But
+
+Rockdale Texas is a growth market for sure.
+
+https://www.sec.gov/Archives/edgar/data/ 1 I 674 I 9/000107997321000272/ex99x I .htm
+
+SEC.gov I HOME
+
+Hash Rate Growth . By Q4 2022, Riot expects a total hash rate capacity of 7.7 EH/s with a fleet of approximately 81,146 Antminers, 95% of which will be the latest generation S19 series model.
+
+www.sec.gov
+
+Another "transaction" involves the RIOT acquisition of a Data Center in Rockdale Texas owned by a German
+
+entity called Northern Data/Northern Bitcoin/Whinstone
+
+Northern Data AG successfully closed the sale of its Texas data center to Riot Blockchain, Inc. - Northern Data
+
+AG
+
+infrastructure supplier for Bitcoin mining and other HPC infrastructure solutions, successfully completed the sale of its U.S. subsidiary Whinstone US, Inc., which operates a high-performance data center facility based
+
+in Rockdale, Texas, to Riot Blockchain, Inc. (NASDAQ: "RIOT"). The ...
+
+northerndata.de
+
+Northern Data is a publicly traded company with ADR's trading OTCM Pinks.
+
+US Jurisdiction established
+
+Half-Year-Report 2019.pdf (northerndata.de)
+
+HALF-YEAR REPORT 2019 - Northern Data
+
+PAGE 4 NORTHERN BITCOIN AG I HALF YEAR REPORT 2019 BITCOIN IS CHANGING THE WORLD Bitcoin is a
+
+digital finance system that cannot be manipulated.
+
+northerndata.de
+
+Investor Relations - Northern Data AG
+
+Investor Relations - Northern Data AG
+
+Northern Data AG develops and operates global infrastructure solutions in the field of High-Performance Computing (HPC). With its customer-specific solutions, the company provides the infrastructure for various HPC applications in areas such as bitcoin mining, blockchain, artificial intelligence, big data analytics, IoT or
+
+northerndata.de
+
+OTC Markets I NDTAF I Company Profile I OTC Markets
+
+Northern Data is now a 12% holder of RIOT
+
+Inline XBRL Viewer (sec.gov)
+
+EDGAR Filing Documents for 0001140361-21-019019 (sec.gov)
+
+Northern Data/Bitcoin Frankfurt came into existence in 2015.
+
+The founder is a guy named Mathis Schultz. Mr Schultz previously was a Private Banker at Julius Baer, LGT,
+
+and Elan Capital Management
+
+Mining Like a Viking: How the Fjords of Norway Offer a Greener Alternative - Bitcoin Magazine: Bitcoin
+
+News Articles, Charts, and Guides
+
+Norway Offer a Greener Alternative - Bitcoin
+
+Magazine: Bitcoin News, Articles, Charts, and
+
+Guides
+
+Northern Bitcoin's energy costs are lowered still by the climate control measures Lefdal mine features by design. As if the Norwegian climate wasn't cool enough, the data center is
+
+situated some 656 feet below ground, so it maintains a constant temperature of 55 degrees Fahrenheit (-12.5 degrees Celsius).
+
+bitcoinmagazine.com
+
+Schultz picked a very interesting nobody from New Orleans to build his 1Gig+ "I-IPC" data center in Rockdale
+
+Texas: Chad Everett Harris
+
+qualifications?
+
+The Year of Chad Everett Harris - Chad Everett Harris
+
+The Year of Chad Everett Harris - Chad Everett
+
+Harris
+
+2020 will be the Year of Chad Everett Harris. This will be the year that the last 1642 days of work pays off and things get back to my normal chaotic life that I love. This year will be filled with achievement, challenges, and excitement. It will also be a year of
+
+living in the LI
+
+www.chadeverettharris.com
+
+Chad Everett Harris I Meet New Orleans Entrepreneur
+
+Chad Everett Harris I Meet New Orleans
+
+Entrepreneur
+
+Chad Everett Harris realized his passion for entrepreneurship very early on in his childhood. Born in Palos Verdes, California in 1969, he spent much of his young life moving between cities across the US.In his early years alone, he spent considerable time in Georgia,
+
+Michigan, and Louisiana.
+
+www.chadeverettharris.com
+
+lea: • rormai app / icmgnr uapirai iun & Hpp
+
+SONY, NY Supreme Courts/NJ Courts grossly corrupt SEC et al,
+
+Let's break down VIRT CEO Dougie "Mr Transparency" Cifu comments to Sell Side analists on the NITE/VIRT 10
+
+2021 earnings call in May 2021:
+
+Per below:
+
+"Yes, Dan, obviously you look at the same metrics I do, just to give you a little commentary on them,' mean
+
+April volumes were a hair under 10 billion shares per day which is down 32 odd percent from the first
+
+quarter "
+
+Meaning: 10 2021 equity market making volumes at NITE were roughly 13 billion shares per day.
+
+Let's compare the last KCG stand alone quarter: 1Q2017 (below) where total equity market making share
+
+volumes were "a hair OVER 10 billion shares per day": 10.082 billion shares per day to be exact.
+
+KCG 1Q2017: 154 mil trading revenue
+
+93.589 mil commissions/fees eps .05/ 67 mil shares outstanding
+
+Since Dougie "Mr Transparency" Cifu won't actually disclose 1Q2021 metrics, let's do some simple math and
+
+solve for "X" shall we?
+
+NITE/VIRT COMBINED 1Q2021
+
+Remember: "April volumes were down approximately 32% from 10 2021 volumes "
+
+April volumes were a "Hair under 10 billion shares pe day"
+
+Therefore: Cifu says to Sell Side analysts on May4 2021 earnings call: 1Q2021 share volumes were roughly 13
+
+billion shares per day
+
+The 1q2021 NITE/VIRT combined SEC reviewed 100
+
+Again: 10 2017 OTCM Pink money laundering shell volumes: 90%+ of total equity MM volumes
+
+OVERALL OTCM Volumes: 100-300 billion shares/month
+
+in 1O2021 OVERALL OTCM Money laundering share volumes were 4+ TRILLION shares
+
+a 10-30x+ INCREASE 2021 vs 2017 in OTCM Money laundering shell volumes
+
+YET TOTAL equity market making share volumes were up just 30+% 1O2021 vs KCG stand alone 1O2017????
+
+How much market share did NITE/VIRT LOSE since 2017: 90+%????
+
+NITE/VIRT 1O2021 share volumes were MULTIPLES of 13 billion shares/day. Cifu is KNOWINGLY LYING
+
+Further:
+
+Recall: ANOTHER example of SEC corruption: the KCG 1O2014 "astronomical" OTCM share volume metrics
+
+expunged by McKessy, Norberg, Pasquinelli, et al from the 1O2014 10O:
+
+The KCG stand alone 1O2014 10O: the basis of my March 2014 letter to McKessy with Berger Montague : I have
+
+attached the KCG 1O2015 SEC reviewed 10O above
+
+Year over year numbers: The corrupt SEC failed to expunge
+
+pg 53
+
+1O2014 KCG STAND ALONE OTCM share volumes 14.045 BILLION shares/day (My Letter to McKessy) NYSE/NASDAQ volumes: 862 MILLION shares/day So according to Dougie "Mr Transparency" Cifu"
+
+1O2021 average daily share volumes were roughly 13 billion shares per day: This number is LESS than KCG stand
+
+alone 1O2014 share volumes of almost 15 billion shares/day: 7 FUCKING YEARS AGO
+
+In 1O2014 KCG trading revenue was 254.6 million and eps was .30/share
+
+This is blatant, egregious Cifu/SEC facilitated fraud on the public the SEC is mandated to protect.
+
+WHY is Cifu hiding this from the investing public and as important: WHY is the grossly corrupt SEC letting him? Read my TCR. In furtherance of the conspiracy: the CORE business at Knight/KCG/VIRT: NITE is and always has
+
+been Illegal naked shorting OTCM shells to facilitate money laundering.
+
+Further: Clayton et all CORRUPTLY gave NITE and CDEL their own exchange: MEMX: in 2020 for this EXACT
+
+reason
+
+The FINRA OTCM share volume discrepancies explained: NITE/VIRT is NOT reporting the vast amount of illegal naked shorting OTCM share volumes. Recall my correspondence to the grossly corrupt SEC when MEMX was
+
+announced: "Just between us criminals"
+
+Once again, my allegations are irrefutably accurate. The SEC has AGAIN doubled down and taken the side of the
+
+criminal entity NITE. As a result: the SEC ACTIVELY facilitates multiple, ongoing frauds on the public to the
+
+benefit of the criminals who own them while screwing the whistleblower who caught them: ME.
+
+Cheers!
+
+Whistleblower extraordinaire
+
+Christopher J Dilorio
+
+From: Chris Dilorio ‹ >
+
+Sent: Friday, May 28, 2021 8:58 AM
+
+u•ject: w: orma appea or •en a co g t apita • : • pp
+
+SDNY/NY Supreme Court/NJ judges: My apologies. I think I typed too fast for many on this email. Let me state plainly what I allege: For that, I turn directly to UBS Sell Side Analyst Alex Kramm who had quite the exchange
+
+10 2021 OTCM total reported share volumes: 4+ TRILLION Cifu on the call(' have electronic version should you prefer)
+
+"Yes Dan (Jefferies analyst Fannon), obviously, you look at the same metrics I do, just to give you a little commentary on them (without actually disclosing them), I mean April volumes were a hair under 10 billion
+
+shares per day "
+
+Mr Kramm: this is a knowingly, blatantly false and misleading statement. Accurately: a bald face lie. This is why
+
+Cifu won't disclose the actual share volumes.
+
+Per below: in 10 2017: the last stand alone KCG quarter: OTCM share volumes were reported in SEC reviewed 10O at 9+ billion shares/day. Back when OTCM TOTAL SHARE VOLUMES were reported in the 100-300 billion
+
+shares per month.
+
+Yet, in 10 2021 when total reported OTCM share volumes were more than 1 TRILLION shares per month, hitting almost 2 TRILLION shares in Feb 2021, Cifu would have us believe NITE Equity market making share volumes
+
+were a "hair under 10 billion shares per day".
+
+A blatant LIE. The SEC knows EXACTLY what the NITE equity share volumes were in 1Q2021. And it was a LOT MORE than "a hair under 10 billion shares/day". Driven of course by OTCM Money laundering shells.Trading
+
+profits: illegal naked shorting. Exploding balance sheet. Insolvent still/again.
+
+Once again, the SEC facilitating/covering up a MASSIVE ongoing fraud on the public to the benefit of the
+
+criminals who own them while screwing the whistleblower who caught them: ME
+
+Have a GREAT long weekend!
+
+Christopher J Dilorio
+
+Whistleblower Extraordinaire
+
+From: Chris Dilorio
+
+Sent: Friday, May 28, 2021 7:25 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Ms Pasqinelli,
+
+There have been 3 (THREE) SEC actions CLEARLY based on my information that also CLEARLY qualify for OWB
+
+Award eligibility.
+
+Sason/Keener/Salviola et al: NewLead
+
+Joshua Sason, et al. (Release No. LR-24403; Feb. 15, 2019) (sec.gov)
+
+Joshua Sason, et al. (Release No. LR-24403; Feb. 15, 2019)
+
+SEC Files Charges in Elaborate Microcap Stock Fraud Litigation Release No. 24403 / February 15, 2019
+
+Securities and Exchange Commission v. Joshua Sason, et al.
+
+www.sec.gov
+
+John Fife
+
+John M. Fife, Chicago Venture Partners, L.P., Iliad Research and Trading, St. George Investments LLC, Tonaquint,
+
+Inc. and Typenex Co-Investment LLC (Release No. LR-24886• Sep. 3 2020) (sec.gov)
+
+John M. Fife, Chicago Venture Partners, L.P., Iliad Research and Trading, St.
+
+George Investments LLC, Tonaquint, Inc., and Typenex Co-Investment, LLC
+
+(Release No. LR-24886; Sep. 3, 2020) - SEC.gov
+
+The Securities and Exchange Commission today filed charges against John M. Fife of Chicago and companies he controls for acquiring and selling more than 21 billion shares of penny stock without
+
+registering as a securities dealer with the SEC.
+
+Justin W. Keener d/b/a JMJ Financial (Release No. LR-24779; Mar. 24, 2020)
+
+- SEC.gov I HOME
+
+SEC Charges Unregistered Penny Stock Dealer Litigation Release No. 24779 / March 24, 2020 Securities and Exchange Commission v. Justin W. Keener d/b/a JMJ Financial, No. 20-cv-21254 (S.D. Fla. March 24, 2020)
+
+viww sec g ov
+
+ALL: My information.
+
+Yet NONE of these actions have been posted to the OWB Award Eligible website
+
+SEC.gov I Office of the Whistleblower
+
+SEC.gov I Office of the Whistleblower
+
+NOTICE: Until further notice, any Whistleblower Award Applications submitted by mail should be sent to the following address due to the mandatory telework posture at the SEC's Washington, DC headquarters:
+
+14420 Albemarle Point Place, Suite 102, Chantilly, VA 20151-1750.
+
+vomv sec g ov
+
+SEC IG Hoecker: HOW IS THIS REMOTELY PLAUSIBLE??
+
+There is only 1 explanation: SEC criminal obstruction and corruption.
+
+Like the Dick Best/FINRA BBH complaint: also my information. No mention of executing broker dealers/MM's.
+
+OR as the SEC would like us to believe: "Penny stock trading fairies"
+
+NO!
+
+The SEC in ALL of these actions is protecting the criminal enterprise which has been bailed out on multiple
+
+ocassions: Knight/KCG/VIRT:NITE
+
+Automatically placing this criminal enterprise on the SEC "Do not investigate list".
+
+As a result, the SEC has KNOWINGLY, ACTIVELY facilitated countless, ongoing frauds on the public it is mandated to protect. ALL of the ilegal activity I have detailed is ongoing in May 2021. NITE is again/still insolvent. Cifu in the latest attempt to conceal this massive ilegal activity has once again limited transparency for the investing
+
+public. The NITE CI1 earnings call: May 4, 2021
+
+Virtu Financial Inc (VIRT) O1 2021 Earnings Call Transcript i The Motley Fool
+
+Virtu Financial Inc (VIRT) Q1 2021 Earnings
+
+Call Transcript I The Motley Fool
+
+Virtu Financial Inc (NASDAQ:VIRT) Q1 2021 Earnings Call May 4, 2021, 8:30 a.m. ET. Contents: Prepared Remarks; Questions and Answers; Call Participants; Prepared Remarks: Operator. Good day,
+
+Cifu: "April volumes were a hair under 10 billion shares per day
+
+So, the last 10O filed by KCG/Knight as a stand alone company was 10 2017. The VIRT acquisition closed on July 31, 2017. Cifu won't disclose and the SEC let him KCG 2Q2017 financials. BLATANT fraud. Cifu/ the SEC wrote
+
+down more than \$4 billion in fails.
+
+EDGAR Search Results (sec.gov)
+
+The 1Q2017 KCG 10O Document (sec.gov)
+
+pg 49
+
+Market Making stats. Cifu no longer discloses in SEC reviewed filings Avg daily OTC BB and OTC Market shares traded (millions) 9,096
+
+Avg daily NYSE AND NASDAQ shares traded (millions) 986
+
+Per my consistent correspondence with the SEC: Knight/KCG:NITE derived 80-90%+ of their equity Market making share volumes from OTCM . This is why VIRT acquired KCG/Knight. This is and always has been the core
+
+business at NITE. This is what Cifu conceals from the investing public. In May 2021.
+
+As I have also detailed over the last several years: FINRA share stats data is complete fraud. This ALSO continues
+
+in May 2021
+
+Market Statistics - Equity Trading Data Monthly (finra.org)
+
+At the top of the page: "Last month statistics: April-2021 Share volume 44+BILLION shares"
+
+Yet below that under April share volumes:TOTAL SHARES: 928+BILLION
+
+The Knight/KCG/VIRT: NITE balance sheet in 10 2021 filed with the SEC in May 2021
+
+The balance sheet is AGAIN exploding
+
+Inline XBRL Viewer (sec.gov)
+
+NOT HFT related where holding time is seconds
+
+Tangible book after properly classifying naked short fails: booked as an asset: receivable due to self clearing:
+
+insolvent. By a VERY wide margin.
+
+ALL as a direct result of ONGOING SEC criminal obstruction and corruption.
+
+So, Ms Pasquinelli: who was the executing BD/MM converting all of these fraud notes into worthless certs and dumped on the investing public where they are converted to real money? WHY would ANY BD/MM execute these trades? HOW do OTCM money laundering shells trade to trip zeroes? More buyers than sellers? NOPE: ilegal naked shorting to facilitate money laundering. That is why none of these actions have been posted to the
+
+OWB website. Even though they CLEARLY are eligible actions: My information.
+
+Cheers! Chris
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+More Honig/Stetson et al SEC facilitated ONGOING fraud on the public
+
+David Urban: Trump PA Campaign Manager and NITE Not So Independent Board Member and his own money
+
+laundering shell: FSD Pharma: HUGE with Pakistani's
+
+Had a BINDING LOI to acquire Israeli Therapix.
+
+FSD Pharma Responds to Therapix Termination of Binding LOI I Business Wire
+
+Not so binding. I caught them. Plan B
+
+and never shut down by the SEC as is typical of many Honig money laundering shells
+
+EDGAR Search Results (sec.gov)
+
+Today, Therapix is now Sci Sparc Ltd SEC approved offerings done By Aegis
+
+SEC FORM D
+
+Yes: that Aegis: also very much up and running in May 2021. New York: SDNY jurisdiction We don't need no stinkin' SAR's. Aegis prolific OTCM/NASDAQ shell money launderer
+
+Aegis Capital Corporation (sec.gov)
+
+UNITED STATES OF AMERICA Before the SECURITIES AND EXCHANGE
+
+COMMISSION ADMINISTRATIVE PROCEEDING File No. 3-18412 ORDER
+
+INSTITUTING ADMINISTRATIVE PURSUANT TO SECTIONS 15(b) AND 21C
+
+OF THE SECURITIES EXCHANGE ACT OF 1934 AND SECTION 203(e) OF
+
+THE INVESTMENT ADVISERS ACT OF 1940, - SEC.gov I HOME
+
+3 As a result of the foregoing, Aegis willfully 2 violated Exchange Act Section 17(a) and Rule 17a-8
+
+thereunder. RESPONDENT Aegis is a dually-registered investment adviser and broker-dealer with multiple
+
+branches
+
+www.sec.gov
+
+Well known to the SEC/FINRA: WHO were the customers?
+
+Who were the executing BD/MM's? MORE SEC "penny stock trading fairies" of course. NOPE: NITE.
+
+WHY are all entities once again UN Named?
+
+Robert Eide.pdf (finra.org)
+
+FINANCIAL INDUSTRY REGULATORY AUTHORITY OFFICE OF HEARING
+
+OFFICERS - FINRA.org
+
+FINANCIAL INDUSTRY REGULATORY AUTHORITY OFFICE OF HEARING OFFICERS DISCIPLINARY
+
+PROCEEDING NO. 2011026386002 HEARING OFFICER: MID ORDER ACCEPTING OFFER OF SETTLEMENT August 3, 2015 INTRODUCTION Disciplinary Proceeding No. 2011026386002 was filed on October 21,
+
+2014, by the
+
+www.finra.org
+
+Orders Accepting Offers of Settlement - Aegis Capital Corp. Charles Smulevitz, Kevin McKenna (finra.org)
+
+Disciplinary Proceeding ORDER ACCEPTING OFFER OF OFFICE OF
+
+HEARING OFFICERS INDUSTRY REGULATORY AUTHORITY FINANCIAL
+
+Aegis Capital Corp. SETTLEMENT Date: August 3, 2015 Respondents.
+
+INTRODUCTION - FINRA.org
+
+another F11"4RA member and registered with FINRA, through the firm, in several capacities, including as a
+
+GSR and GSP. Under Article V ofthe FINRA By-Laws,FINRA possesses
+
+www.finra.org
+
+Kevin Mckenna and Robert Eide (sec.gov)
+
+Kevin Mckenna and Robert Eide - SEC.gov I HOME
+
+3 As a result of the foregoing, McKenna willfully 2 aided and abetted and caused Aegis' violations of Exchange Act Section 17(a) and Rule 17a-8 thereunder and Eide was a cause of Aegis' violations.
+
+gov
+
+Stetson: Honig side kick. Therapix now SciSparc. Still Israel
+
+Beginning on pg 10 of the SciSparc SEC approved and reviewed registration
+
+https://www.sec.gov/Archivesiedgaridata/1611746/000121390021022427/ea139707-
+
+fl scisparcltd.htm#a 009
+
+www.sec.gov
+
+20 Raul Wallenberg Street, Tower A, Tel Aviv 6971916, Israel. Tel: (+972) (3) 610-3100 : Puglisi & Associates.
+
+850 Library Ave., Suite 204. Newark, DE 19711
+
+vAvw.sec.gov
+
+Sellers include:
+
+Aegis CEO Robert Eide Pension Plan: NOW that is f'n funny
+
+Hoboken restraunteur Rohit Bawa
+
+NYC Restaurateur Revamping Former Liberty Bar Site I Jersey Digs
+
+Bar Site I Jersey Digs
+
+The building itself was designed by Minervini Vandermark and will be four stories of concrete construction. The residential
+
+component will consist of three separate 3-bedroom, 2-bathroom
+
+units, each occupying one floor.
+
+jerseydigs.com
+
+Connecticuit distributor Michael Bozzuto
+
+Contact I Bozzutos.com
+
+Contact I Bozzutos.com
+
+Connect With One of Our Teams. We value your feedback. Let us know what's on your mind and how we can serve you better. Please select a department on the left to send a message directly to the team you
+
+would like to reach.
+
+www.bozzutos.com
+
+and, prolific Bag Man Michael Bigger
+
+Bigger Capital
+
+EDGAR Search Results (sec.gov)
+
+AND many more
+
+More on New York based Bigger Capital coming
+
+Of course, Aegis has a BOOMING wealth Management business
+
+How many related party transactions in this SEC reviewed Therapix Fl?
+
+https://www.sec.gov/Archives/edgar/data/1611746/000121390016017994/ff12016 therapixbio.htm#a 017
+
+Next up: SciSparc
+
+Aegis "Investment banking" has ties to Israeli military
+
+Isaac Livni-EIDE: related?
+
+Investment Banking Team - Aegis Capital Corp. (aegiscapcorp.com)
+
+Aegis just did an SEC approved offering for Meten EdtechX Education Group
+
+China
+
+EDGAR Search Results (sec.gov)
+
+Brought to the US public/NASDAQ by the same Bag Man who brought Hwang/Archegos money laundering shell
+
+GSX to the US/NASDAQ
+
+Puglisi and Associates:Delaware
+
+Some reports I've read suggest the SEC won't investigate Archegos/Hwang because it lacks "jurisdiction".
+
+Perhaps Ms Hodgman/Strzok can clarify for us.
+
+Recall: Honig,Stetson/Frost/Alpha Cap (my TCR). As I REPEATEDLY told the SEC: multi BILLIONAIRE Frost didn't
+
+risk it all to make a few million. He/they were laundering
+
+8 (EIGHT) YEARS after submitting my NITE/UBS TCR with the SEC, Alpha Capital Anstalt is very much up and
+
+running in 2021
+
+EDGAR Search Results (sec.gov)
+
+For His part: Frost bought Ladenberg from lcahn/Lorber/ et al: Vector/New Valley AFTER Ladenberg had bought
+
+Icahn's former firm Gruntal. Gruntal: SAC,Sater,Feinberg, Icahn: MILKEN
+
+Archegos and Greensill: Credit Suisse.
+
+Credit Suisse is controlled by Milken flunkies. Including the Risk Officer who quietly stepped down.
+
+Greensill: Jim Justice: Magna/Sason/Saviola/Sichenzia: SDNY/NY Supreme Court
+
+I suspect there will be no SEC investigation of Credit Suisse. Ms Hodgman Strzok is an expert at criminal
+
+obstruction. Pretty good, eh? It's a gift really
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower Extraordinaire
+
+From: Chris Dilorio
+
+Sent: Monday, May 24, 2021 5:47 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Judge Engelmayer:
+
+Simply put: RIOT exists in SEC filings only. Multiple Honig money laundering shells: Aspenbio/Venaxis/Bioptix
+
+involving Russian Government entity: Rusnano
+
+RIOT world HQ in Castle Rock is 15 minutes from my home. Apparently Mr Gottschall can't seem to find Castle
+
+Rock on a map. There is no RIOT at SEC filing address.
+
+An ISP: Clear Connect and a Pakistani BPO entity: NASDAQ traded IBEX.
+
+Who did Mr Gottschall deliver his "no further investigation" letter to exactly? It sure as hell wasn't RIOT.
+
+BTW: as a result of said Gottschall letter/determination as result of his incredibly THOROUGH investigation, the
+
+SEC chose not to review a RIOT offering in December 2020
+
+Riot Blockchain Inc. 5-3 Letter.pdf (sec.gov)
+
+UNITED STATES SECURITIES AND EXCHANGE COMMISSION
+
+WASHINGTON, D.C. 20549 DIVISION OF CORPORATION FINANCE -
+
+SEC.gov
+
+United States securities and exchange commission logo December 11, 2020 Jeffrey McGonegal Chief
+
+Executive Officer Riot Blockchain, Inc. 202 6th Street, Suite 401
+
+www.sec gov
+
+and resulted in Susquehanna/CVI pump and dump
+
+EDGAR Filing Documents for 0001104659-21-023563 (sec.gov)
+
+EDGAR Filing Documents for 0001104659-21-023563
+
+Riot Blockchain, Inc. (Subject) CIK: 0001167419 (see all company filings) IRS No.: 841553387 I State of
+
+Incorp.:NV I Fiscal Year End: 1231 Type: SC 13G I Act: 34 ...
+
+www.sec.gov
+
+Judge Engelmayer, other SDNY/NY Supreme Court Judges: I implore you to send me a subpoena
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Tuesday, May 18, 2021 6:07 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Well well well. Mr Gottschall ended his "thorough investigation" into RIOT/Honig et al on 1/29/2020
+
+Riot Blockchain SEC Ends Investigation Letter 1.29.20 I U.S. Securities And Exchange Commission I Common
+
+Law (scribd.com)
+
+Riot Blockchain SEC Ends Investigation Letter
+
+1.29.20 I U.S. Securities And Exchange
+
+Commission I Common Law I Free 30-day
+
+Trial I Scribd
+
+Riot Blockchain SEC Ends Investigation Letter 1.29.20 - Free download as PDF File (.pdf), Text File (.txt) or read online for free. Included a letter from the Denver office of the SEC telling Riot Blockchain that the investigation by the securities regulator is over and at this time no enforcement action is recommended.
+
+without EVER visiting the RIOT world HQ in Castle Rock. SHOCKING!
+
+Curious Mr Gottschall: who recieved/signed for your "termination of investigation" into RIOT: The ISP
+
+ClearConnect or the Pakistani BPO entity IBEX?
+
+Judge Ramos, other SDNY judges, NY Supreme Court, and NJ Judge Quraishi: you have been played for fools
+
+once again by the grossly corrupt SEC. ALL of your courts have jurisdiction over the SEC NY.
+
+Let's give NJ Judge Quraishi a primer on prolific Bag Man Barry Honig shall we?
+
+As detailed by me in my extensive correspondence: the record.
+
+ANOTHER Honig money laundering shell: Inergetics fka Millenium Biotech
+
+EDGAR Search Results (sec.gov)
+
+Based in Newark NJ
+
+Is everyone familiar with Healthcare fraud felon Brian Colleran?
+
+Three Companies and Their Executives Pay \$19.5 Million to Resolve False Claims Act Allegations Pertaining to
+
+Rehabilitation Therapy and Hospice Services I OPA I Department of Justice
+
+Three Companies and Their Executives Pay \$19.5
+
+Million to Resolve False Claims Act Allegations
+
+Pertaining to Rehabilitation Therapy and Hospice
+
+Services I OPA I Department of Justice
+
+Ohio based Foundations Health Solutions Inc. (FHS), Olympia Therapy Inc. (Olympia), and Tridia Hospice Care Inc. (Tridia), and their executives, Brian
+
+Colleran (Colleran) and Daniel Parker (Parker), have agreed to pay
+
+approximately \$19.5 million to resolve allegations pertaining to the submission of false claims for medically unnecessary rehabilitation therapy and hospice
+
+v.n.vw.justice.gov
+
+Somehow, the DoJ didn't believe this was a criminal case. The "prosecutor" on the case was Chad Readier. Now:
+
+JUDGE Chad Readier. Made so by Trump.
+
+Colleran entered into a fraud \$20 million purchase order with Millenium Biotech in 2007
+
+Millennium Biotechnologies Inc. Signs Five Year \$20 000 000 Purchase Agreement with Provider Services Inc. I
+
+BioSpace
+
+Millennium Biotechnologies, Inc. Signs Five Year \$20,000,000 Purchase
+
+Agreement with Provider Services Inc. - BioSpace
+
+Millennium Biotechnologies, Inc. Signs Five Year \$20,000,000 Purchase Agreement with Provider Services
+
+Guess who controlled the money laundering shell Millenium/Inergetics?
+
+Prolific Bag Man Barry Honig
+
+EDGAR Filing Documents for 0001144204-10-011488 (sec.gov)
+
+But, it gets better still: Somehow, some way Prolific Bag Man Josh Sason/Hanover/Magna: MULTIPLE TCR's filed by me and a massive SEC fraud on the SDNY and NY Supreme Courts: NewLead/FreeSeas et al: showed up as a
+
+very large holder of Millenium successor Inergetics
+
+EDGAR Filing Documents for 0001144204-15-034843 (sec.gov)
+
+https://www.sec.gov/Archives/edgar/data/72170/000114420414046310/v385056 sl.htm#s1 007
+
+The SEC revoked the Inergetics/Millenium registration only AFTER this massive fraud on the public was
+
+committed
+
+I can't seem to find any reference to this money laundering shell in the Dal/Readier CIVIL not criminal
+
+complaint. You won't find any SEC complaint implicating Colleran/ Honig /Sason either
+
+Millenium/Inergetics: New Jersey: SEC NY
+
+OTHER Sason entities list offices at 40 Wall Street: Trump
+
+So, Judge Ramos: HOW did prolific Bag Man Honig become involved in the Honig money laundering shell MGT
+
+Capital which ALSO did a "pivot" to crypto mining?
+
+EDGAR Search Results (sec.gov)
+
+Venaxis/Aspenbio/Bioptix: now RIOT. Which only exists in SEC filings. Thanks in large part to the well
+
+orchestrated SEC NY/ SEC Denver criminal obstruction/corruption.
+
+EDGAR Filing Documents for 0001493152-16-013083 (sec.gov)
+
+That was 1 thorough "investigation Mr Gottschall. I see great things at the SEC for you
+
+AND guess who ELSE was involved in MGT in 2019 just before the SEC revoked the registration:
+
+Chicago Bag Man Fife/Iliad
+
+6 years after I filed my TCR with the grossly corrupt SEC
+
+EDGAR Filing Documents for 0001567619-19-008772 (sec.gov)
+
+AND the Scumbags at Sichenzia Ross:MULTIPLE frauds on SDNY/NY Supreme Courts with Sason et al
+
+https://www.sec.gov/Archives/edgar/data/1001601/000114420415063432/v423506 s-1.htm
+
+The interconnectedness of my claims on display yet again. OR: The record
+
+From: Chris Dilorio
+
+Sent: Monday, May 17, 2021 5:28 AM
+
+subject: Fw: Formal appeal tor denial covered action ZU15-Ulb/ knignt (Awe' ILK & Appendix
+
+Oh,
+
+But it gets MUCH better Mr Gottschall et al:
+
+Ibex Digital
+
+Bermuda based/Pakistani controlled Ibex Ltd
+
+NASDAQ: IBEX
+
+BPO takes on a WHOLE different meaning.
+
+Which explains the co location with Local ISP ClearConnect.
+
+Riot Blockchain is just a front.
+
+RIOT crypto mining contract with Massena NY Coinmint
+
+New York Crypto Mining Farm Coinmint Set to Dissolve? - MinerUpdate
+
+Ir New York Crypto Mining Farm Coinmint Set to
+
+Dissolve? - MinerUpdate
+
+An ongoing dispute between the two partners who hold equal shares in multi-cryptocurrency mining company Coinmint has resulted in one of the partners filing to dissolve the company.
+
+www.minerupdate.com
+
+is on verge of dissolution
+
+RIOT/Aspenbio/Bioptix/Venaxis is and always has been a Prolific Bag Man Honig money laundering shell. Because: say it with me: the only difference between a NASDAQ money laundering shell and an OTCM money
+
+laundering shell is the amount being laundered.
+
+I've read that somewhere before. Hey, Pm the 1 who said it.
+
+Give me a call Mr Gottschall. After I help you find Castle Rock on a map, I'll walk you through it. I'll type/talk slowly for you. Because, if you can't find Castle Rock on a map you don't have a chance in hell of finding
+
+Pakistan on a ma . And, after ou're able to find Castle Rock on a map, I'll take you to Vista Gold :VGZ "world
+
+HQ" at Littleton CO
+
+The moneylaundering s to cite in my TCR and kept up and running by the grossly corrupt SEC for the last 8+
+
+years and with SEC approved offering after offering.
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Friday, May 14, 2021 6:34 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+In addition to NeoPhotonix and Bioptix
+
+BiOptix Diagnostics Inc. - Portfolio company - RUSNANO Group
+
+BiOptix Diagnostics, Inc. - Portfolio company -
+
+RUSNANO Group
+
+RUSNANO was founded in March 2011 as an open joint stock company through reorganization of state corporation Russian Corporation of Nanotechnologies. RUSNANO's mission is to develop the Russian nanotechnology industry through co-
+
+investment in nanotechnology projects with substantial economic
+
+en.rusnano.com
+
+Rusanano/Akhanov invested in Quantenna
+
+Now On Semiconductor which supplies chips to Apple
+
+EDGAR Filing Documents for 0001628280-17-001249 (sec.gov)
+
+as well as chip company Aquantia
+
+EDGAR Filing Documents for 0001387131-18-000659 (sec.gov)
+
+Acquisition of Aquantia - Marvell
+
+Marvell Completes Acquisition of Aquantia Accelerating Multi-Gig Ethernet Technology Leadership. Santa Clara, California (September 19, 2019) — Marvell (NASDAQ: MRVL) today announced that it has completed its acquisition of Aquantia, Corp. (NYSE: AQ).. Aquantia pioneered Multi-Gig technology —
+
+www.marvell.com
+
+The SEC massive frauds on the SDNY and NY Supreme Courts continues Sichenzia Ross: Sason/Crede/ Jim Justice et al NewLead and FreaSeas
+
+As well as WNW and others.
+
+Now RiotBlockchain.
+
+So, Sichenzia facilitated a fraud "acquisition" of certain Futures Commission Broker now Introducing Broker
+
+trading platform from Mark B Fisher of "Miami"
+
+https://www.sec.gov/Archives/edgar/data/1167419/000107997318000207/riot 8k-03272018.htm
+
+SEC.gov I HOME
+
+Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
+
+vomv.sec goy
+
+Mark B Fisher has owned MBF Clearing
+
+MBF Clearing Corp (mbfcc.com)
+
+MBF Clearing Corp.
+
+Welcome to MBF Clearing Corp website About MBF Clearing Corp Founded in 1987, MBF Clearing Corp. is
+
+widely-recognized for our preeminent role within the global futures markets.
+
+www.mbfcc.com
+
+As well as MBF Capital
+
+mbf online I management (mbfcapital.com)
+
+mbf online I management
+
+Mark Fisher is the President of MBF Capital Corporation, Inc. He is a founder of Vela Pharmaceuticals, Inc., ExSAR Corporation, and Kimeragen, Inc., which merged into Valigen, Inc. Prior to the formation of
+
+for quite some time. BOTH New York based.
+
+Not even sure if there is a Miami Office for eithe Fisher entities. So WHY "Miami"?
+
+Part of that question can be answered by ANYONE receiving my extensive and irrefutable evidence of SEC
+
+criminal obstruction and corruption:
+
+Miami SEC Director Eric Bustilloe. A grossly corrupt Piece of Shit on par with Gottschall and Best. Did Fisher
+
+have outside investors in his firmS based in Miami?
+
+MBF /Fisher CLEARLY fall under SDNY/NY Supreme Courts jurisdiction. As does Sichenzia Ross
+
+As I have said repeatedly: the national security implications of these massive, multiple SEC facilitated frauds are
+
+staggering.
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Thursday, May 13, 2021 9:49 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+"Mr Dilorio, do you have any MORE irrefutable evidence of SEC gross criminal obstruction and corruption while
+
+screwing you the whistleblower who caught them?"
+
+Yes SDNY/NY Supreme Courts, SEC IG Hoecker, FBI, IRS CI etc etc etc: It just so happens I took a
+
+field trip to try and find the longstanding address of the Castle Rock CO money laundering shell
+
+Riot Blockchain fka Aspen Bio, Venaxis, Bioptix
+
+EDGAR Search Results (sec.gov)
+
+Enlightening! Kept up and running by the grossly corrupt SEC and pumped by Najarian(NetElement) on CNBC, Riot Blockchain is a Honig/Grousman/Stetson/GRQ et al money laundering shell which somehow escaped (along with many others) the SEC scrutiny in its Honig/Stetson/Frost/Jaclin/Alpha Cap et al complaint
+
+https://www.sec.gov/Archives/edgar/data/1167419/000107997317000238/bioptix s3.htm
+
+But WAIT. There's MORE!
+
+The Honig/Stetson Bioptix money laundering shell is ALSO a Colorado entity: Boulder
+
+EDGAR Search Results (sec.gov)
+
+Bioptix was just a vehicle to get Honig/Stetson et al into RIOT. Gee, I wonder what they saw in Bioptix that caused them to "invest" when it was around less than 2 years before "pivoting" to blockchain/crypto????
+
+I have an idea!
+
+let's ask the scumbags at Sichenzia Ross who advised on the Bioptix money laundering offering which gave
+
+Honig et al ownership in RIOT
+
+https://www.sec.gov/Archives/edgar/data/1167419/000107997317000154/exl0x5.htm
+
+SEC
+
+WHEREAS, subject to the terms and conditions set forth in this Agreement and pursuant to Section 4(a)(2) of the Securities Act of 1933, as amended (the "Securities Act"), and Rule 506 promulgated thereunder, the Company desires to issue and sell to each Purchaser, and each Purchaser, severally and not jointly, desires
+
+to purchase from the Company, securities of the Company as more fully ...
+
+Then, we can ask the Bioptix offering Escrow agent: New York licensed Signature Bank:SBNY. You know the 1: the once and always Private Banking arm of Hapoalim where /Berman criminally obstructed a thorough investigation of Hapoalim tax evasion and money laundering. The same SBNY which boasted Ivanka Trump as a Board memberand was a "go to lender" for Trump/Kushner and where ALL SEC filings have disappeared. AND where Chairman Scott Shay is on BoD of CardWorks (Berman) which was go to processor for Net Element:
+
+Merrick Bank UT. Etc etc etc. YES, that SBNY
+
+https://www.sec.gov/Archives/edgar/data/1167419/000107997317000154/exl0x3.htm
+
+WHEREAS, pursuant to the terms of the Purchase Agreement the Company desires to sell (the "Offering") a minimum of \$2,000,000 (the "Minimum Amount") and a maximum of \$2,250,000 (the "Maximum Amount')
+
+of units of its securities (the "Units")."). Each Unit is being sold at a price of \$2.50 per Unit. Each Unit
+
+consists of one (1) share of the Company's common stock, no par value per share (the ...
+
+vAyw.secgov
+
+How much SEC et al criminal obstruction and corruption are we up to so far Mr Gottschall et al?
+
+Wait, there's more!
+
+In 2015, just prior to Honig/Stetson/SBNY/Sichenzia et al fraud offering, Boulder Based Bioptix FKA Alphasniffer
+
+did an SEC approved D offering
+
+SEC FORM D/A
+
+SEC FORM D/A
+
+In submitting this notice, each issuer named above is: Notifying the SEC and/or each State in which this notice is filed of the offering of securities described and undertaking to furnish them, upon written request,
+
+in the accordance with applicable law, the information furnished to offerees.\*
+
+www.sec.gov
+
+Guess who shows up as A Bioptix/Alphasniffer insider?
+
+Dimitry Akhanov
+
+WTAF is Rusnano USAmy) AND head of the Russian Federal Energy Agency????
+
+WHY is he involved in Bioptix now RIOT???
+
+Dmitry Akhanov CEO of Rusnano USA Inc. RUSNANO (topionetworks.com)
+
+Dmitry Akhanov, CEO of Rusnano USA, Inc., RUSNANO
+
+Curated profile of Dmitry Akhanov, CEO of Rusnano USA, Inc., RUSNANO
+
+www.topionetworks.com
+
+Akhanov is also involved in NYSE listed Neophotonics
+
+NeoPhotonics Names Dmitry Akhanov to Board of Directors President and CEO of Rusnano USA Joins
+
+NeoPhotonics Board i NeoPhotonics Corporation
+
+EDGAR Search Results (sec.gov)
+
+Neophotonics supplies optical chips to some of the biggest optical switching companies in the world like US
+
+based Cisco and Ciena
+
+Recall: Honeg/Stetson/Frost/Alpha Cap
+
+SEC left dozens of Jaclin money laundering shells up and running. Including Blink/New Image Concepts,
+
+Intercloud with Sason etc. As well as OZ/Maso/Sculptor NJ deli Hometown International: HWIN. NONE of this is
+
+by accident. SEC gross criminal obstruction and corruption.
+
+Now Honig/Stetson: Bioptix now crypto RIOT.
+
+Right here. 15 minutes from my home. Like CGFIA and VGZ. As well as prolific shell CPA firm BF Borgers. Give me a call Mr Gottschall. I'll point out Castle Rock to you on a map you grossly corrupt piece of shit!
+
+Cheers! Chris
+
+From: Chris Dilorio ‹ >
+
+Sent: Sunday, May 9, 2021 5:06 PM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Per below:
+
+Judge Cote's sentencing of Dan Kamensky is a gross miscarriage of justice. The SDNY, NY Supreme Court,
+
+Mr Kamensky's counsel, FBI, other DoJ attorneys are in possession of information which clearly indicates a long standing and grossly corrupt relationship between the SEC and Handler/Jefferies. Further, as is material in the "ongoing" Joshua Sason investigations of massive fraud committed on the SDNY/NY Supreme Courts and directly related to my multiple claims: AQR and Sason: MI Acquisition with known felon Tom Priore: ICP: also SDNY and now a direct lending client of Ares Management: Ressler: Drexel with Handler: also Neiman Marcus. In short: Handler/Ressler set up Mr Kamensky for fucking with their deal. Had Kamensky won his bid,
+
+Ares/Ressler would have been left with a much less valuable asset. AND put them further under water.
+
+AresNeiman.pdf (pecloserlook.org)
+
+Sticker Shock: Can Ares Management Sell Neiman Marcus?
+
+2 Ares' Neiman Marcus Gamble In September 2013, Ares Management purchased luxury retailer Neiman Marcus in a joint venture of Ares Corporate Opportunities Funds IQ and IV and the Canadian Pension Plan
+
+Investment
+
+www.pecloserlook.org
+
+The SDNY Courts had this information. Kamensky's counsel had this information. Judge Cote should have
+
+declared a mistrial rather than sentence Kamensky. A gross miscarriage of justice.
+
+Now, let's turn to another example where the grossly corrupt SEC is ACTIVELY facilitating multiple frauds on the
+
+investing public while screwing the whistleblower who caught them: ME.
+
+Recall ANOTHER completely fraudulent denial of award : UBS AML. Where Norberg/OWB invoked the ILLEGALLY
+
+enacted Summary Disposition Rule aka Christopher J Dilorio rule. Where the SEC own SEC website clearly states: ALL tips received are THOROUGHLY reviewed by Enforcement Staff. Meaning: The Summary Disposition
+
+Rule: SEC Staff never saw the information: is a KNOWN fraud.
+
+Follow up for Mr Searles/Banerjee et al: SEC LA where multiple frauds left up and running. Ares also LA and NY.
+
+Milken: Beverly Hills
+
+Recall: UBS San Diego: K2. Where FINRA,FINCEN, and the SEC all confirmed UBS cross border business was never shut down per the terms of the DoJ dropping it's DPA in 2010. Further, clearly obstructed by SEC IG
+
+Hoecker when I filed a complaint with his office in 2015 after receiving another denial for Award related to the UBS Reg Sho complaint. ALSO according to the SEC OWB FAQ: Enforcement staff notifies investigating staff of related tips received AND Whistleblowers are ALSO entitled to awards based on new lines of inquiry. The Mckessy/Norberg/Hoecker criminal obstruction led to the UBS cross border business never being shut down.
+
+The UBS AML complaint acknowledges this irrefutable fact.
+
+UBS K2: NO individuals were censured/fined by SEC/FINRA. ALL correspondence to UBS Weehawken. SEC
+
+It is no coincidence the SEC LA/ UBS San Diego multiple money laundering frauds. Searles et al are PROTECTING UBS San Diego. That's why none of these frauds have been shut down. The UBS cross border business is very
+
+much up and running TODAY
+
+MORE....
+
+Who is San Diego resident Jason Sunstein? CFO of several Once/still SEC reporting money laundering shells
+
+trading OTCM Pinks and no doubt well known to Searles,Banerjee et al in SEC LA.
+
+Viper Networks fka Tinglefoot Mining
+
+Baja Pacific International
+
+Taig Ventures
+
+EDGAR Search Results (sec.gov)
+
+Microsoft Word - VPER - OTC PlnkGuidelines Annual 12.31.20(Feb21 vers)v.3 nowcfo changes - Apollo Smart
+
+Lights-3.docx (otcmarkets.com)
+
+VPER - OTC PlnkGuidelines Annual 12.31.20(Feb21 vers)v.3 nowcfo changes
+
+- Apollo Smart Lights-3
+
+27& Odunhwv \*urxs ,qf 27& 3lqn %dvlf 'Ivforvxuh\*xIgholqhv y )heuxdu\ 3djh ri wklv lvvxhu ru dq\ ri lwv suhghfhwruv kdyh ehhq wkh vxemhfw ri vxfk surfhhglqjv sohdvh surylgh dgglwIrqdo ghwdlov lq wkh
+
+backend.otcmarkets.com
+
+Santeon Group
+
+fka Air-Q Air Rover
+
+Covenant Financial Homegate Corp Spartan Oil ubroadcast
+
+EDGAR Search Results (sec.gov)
+
+Santeon and Viper: African/Egyptian entities/Individuals
+
+Santeon CEO : Ashraf Rofail
+
+International Land Alliance EDGAR Search Results (sec.gov)
+
+A San Diego virtual office well known to the SEC in its correspondence
+
+Virtual Office in DiamondView Tower I Regus RU
+
+Virtual Office in DiamondView Tower I Regus RU
+
+tf n 1 .pcMoggA/1
+
+filenametpdf (sec.gov).
+
+International Land Alliance EDGAR Search Results (sec.gov)
+
+A little California pot
+
+a little "Mexico vacation properties"
+
+Mexico Vacation Property Investment I Baja Mexico Real Estate Investment I International Land Alliance
+
+(ila.company.)
+
+Mexico Vacation Property Investment I Baja
+
+Mexico Real Estate Investment - Baja Mexico
+
+Real Estate Investment I International Land
+
+Alliance
+
+International Land Alliance is a Mexico vacation property
+
+investment firm based in San Diego, California. The company was formed for the purpose of developing and selling residential communities for home buyers, vacation/second home,
+
+retirement, and investors.
+
+ila.company
+
+As of 2017, ILA is a Wyoming LLc
+
+SEC FORM D
+
+SEC FORM D
+
+In submitting this notice, each issuer named above is: Notifying the SEC and/or each State in which this notice is filed of the offering of securities described and undertaking to furnish them, upon written request,
+
+in the accordance with applicable law, the information furnished to offerees.\*
+
+www.sec.gov
+
+Of course: as has been well documented by ME: ILA currency of choice for these "beautiful Mexico land
+
+ventures" is common stock.
+
+In April 2021
+
+International Land Alliance Inc. (Form: 8-K Received: 04/05/2021 14:00:05) (otcmarkets.com)
+
+OTC Markets Group
+
+OTC Markets Group Inc. OTC Pink Basic Disclosure Guidelines (v2.1 December 2019) Page 1 of 23 .
+
+Disclosure Statement Pursuant to the Pink Basic Disclosure Guidelines
+
+backend.otcmarkets.com
+
+Back in 2010, AV1 Group New York was controlled by a Moussa Traore
+
+SEC FORM D
+
+Who happens to have the same name as former Mali Dictator.
+
+Of Course, Jason Sunstein ONLY experience on Linked In is his ILA tenure. ALL of these other ventures have been
+
+ommitted. Gee, I wonder why.
+
+Jason Sunstein - Co-Founder and Vice President - International Land Alliance Inc. (OTCQB: ILAL) i LinkedIn
+
+Jason Sunstein - Co-Founder and Vice President -
+
+International Land Alliance, Inc. (OTCQB: ILAL)
+
+Linkedln
+
+Jason Sunstein Co-Founder and Vice President at International Land Alliance,
+
+Inc. San Diego, California 500+ connections
+
+www.linkedin.com
+
+Mr Searles,Banerjee, SEC LA have been criminally obstructing a REAL investigation into Sunstein et al. Right there in San Diego/UBS K2 back yard. So: No individual UBS San Diego K2 complaints, multiple money
+
+laundering shells up and running.
+
+For MANY reasons IG Hoecker: ALL SEC OWB Denials of my award applications are complete fraud. ALL of the
+
+activity continues TODAY as a direct result of your criminal obstruction and corruption.
+
+AND: NITE and CDEL trading all of them.
+
+In furtherance of the conspiracy
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Judge Cote,
+
+Your 6 month prison sentence for Dan Kamensky is a gross miscarriage of justice. Your Courts, Ms a and Mr Kamensky's counsel are in posession of information that clearly indicates a long standing and corrupt relationship between the SEC and Handler/Jefferies. Kamensky was set up. I will be contacting Mr Kamensky
+
+directly as his counsel has committed gross negligence in his representation.
+
+Chris
+
+From: Chris Dilorio •c >
+
+Sent: Friday, May 7, 2021 6:28 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+SDNY/NY Supreme Court Judges et al:
+
+The interconnectedness of my claims on display AGAIN
+
+Per my 2013 TCR criminally obstructed by McKessy/Norberg et al: WHY do \$50 billion Swiss banks trade OTCM Pink penny and fractional penny stocks? The record is irrefutable: FINRA/SEC/FINCEN using my information: these publicly traded shells are the perfect money laundering vehicle. Absolutely IRREFUTABLE. WHY do firms like NITE and CDEL trade the same OTCM Pink shells? Abusive, illegal naked shorting to facilitate this illegal activity. Virtually riskless. VERY profitable. NONE of this happens without a willing executing criminal BD like NITE converting worthless certs to real money and dumped on the investing public the SEC is MANDATED to protect. ACTIVELY facilitated and perpetuated by the grossly corrupt SEC: reverse splits, no CAT, Obligation
+
+Warehouse: circumvent close outs of Rule 204, rarely revoked registrations, outsourcing the entire OTCM to the
+
+BD SRO FINRA, etc etc etc. I made the link between the money laundering and the illegal, abusive naked
+
+shorting. This is and always has been the core business at Knight/KCG/VIRT:NITE. ALL money laundering can be
+
+reverse engineered from the executing BD/MM level. The cash register.
+
+What we are seeing in GME is a rounding error compared to the fails and illegal naked shorting in the OTCM. As I have also repeatedly said: the only difference between a money laundering OTCM Pink shell and a NASDAQ SPAC is the amount of money being laundered. Also on display real time as I have detailed. As with Swiss banks and penny/fractional penny stocks: WHY do giant Quant Hedge Funds like AQR facilitate so many fraud blank
+
+check shell transactions? CERTAINLY does not fit the investment thesis of a firm run by Phd's.
+
+WHY does giant PE/Real Estate firm Apollo play Fisker SPAC? WHY did Goldman,JPM,Jefferies et al bail out NITE
+
+more than once? WHY has the SEC repeatedly bailed out criminal NITE?
+
+The most recent Earnings call for NITE was remarkable: SELL SIDE is actually doing what it's supposed to do and questioning NITE/Cifu lack of transparency particularly in the last few years. This has been going on for some time detailed by me and blessed by the SEC. This lack of transparency is designed to conceal from the public the true nature of the core NITE business: illegal, abusive naked shorting OTCM publicly traded shells to facilitate money laundering. Until now, the Sell Side turned a blind eye/ also intentionally misled the public by omitting
+
+these share volumes from their models. These share volumes have been the subject of other SEC/FINRA
+
+actions. But, somehow NITE has avoided such actions. INEXPLICABLE. The SEC/FINRA have done everything in their power to protect NITE. WHY? Because they bailed out a known criminal entity in 2012 and have been criminally and corruptly covering up this irrefutable fact ever since. As a result: The illegal activity has continued
+
+un abated. Then in 1Q2021, the activity hit a level not even dreamt of. It has been a well orchestrated and massive SEC facilitated fraud on the public the SEC is mandated to protect. A key player in this massive fraud is the corrupt SEC IG Carl Hoecker who not only has criminally and corruptly obstrructed an investigation of my extremely serious allegations, Hoecker has also criminally obstructed Congress from executing its oversight of
+
+the SEC.
+
+These corrupt, criminal, ongoing frauds have also found their way into the SONY and NY Supreme Courts as I have detailed. Mr Kamensky is most definitely NOT on the SEC/DoJ "Do not investigate list". This can also be observed in real time. Per my correspondence: MI Acquisition: Magna/Sason: 40 Wall St with AQR/"payment
+
+processing" and felon Tommy Priore: ICP:SDNY.
+
+There is a straight and direct line between ICP/Priore and the Degenerate Milken as well as the corrupt SEC/SDNY Kamensky "sting" that goes beyond the degenerate Milken flunkie Handler/Jefferies. Where
+
+Praised the work of the SEC. As I have previously detailed: Ares Management: Neiman Marcus: Tony
+
+Massive CLO manager/originator. 1 stop shop. Because as I detailed previously: now a direct lender to fraud
+
+money laundering entities like Priore/Sason/AQR et al: PRTH.
+
+Because securitization drives the lending and is not a biproduct of sound credit analysis: Junk is junk REAL
+
+TIME.
+
+I applaud Chair Waters and her efforts to reign in illegal trading practices detailed in my extensive record. However: non bank lenders like the massive Ares pose a systemic risk to the US financial system. CLO's are a massive fraud on the public developed by the Milken degenerates like the sub prime and S&L's. The SEC actually brought a complaint recently: IIG which described using CLO's as a money laundering vehicle. The Caymans have recently cracked down also. Greensill: Credit Suisse: Milken: is another example of securitization as money
+
+laundering vehicle in sub prime factoring: Jim Justice. SBNY is also a securitization fraud: SBA. Chair Waters and her Committees see the Credit Ratings Agency/SEC fraud I have also detailed.
+
+My Coronavirus/repo virus: CLO correspondence: The SEC corruptly didn't downgrade massive CLO debt in 2020. The result: issuance exploded in 2021. Non bank lenders like Ares as well as Apollo,Jefferies, Ted Virtue etc etc have reaped tens of millions in management fees. Who told the SEC to obstruct the proper role of the Credit Agencies to downgrade massive CLO's in 2020? Mr Clements knows. His garbage CLO "report" late in
+
+2020 set the stage for the "all clear" to the SEC.
+
+Oh Mr Kamensky! I only hope you sue these corrupt scumbags who ruined your life while they are treated with
+
+ZERO implications for their illegal activity by the grossly corrupt SEC/DoJ.
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Tuesday, May 4, 2021 7:15 PM
+
+1 • rw: rormai app / nmgnc Lapicai PP
+
+Mr "Not so Transparent" Dougie Cifu got a little testy on the 1Q2021 earnings call and it abruptly ended.
+
+2 Sell Side Analists: Fannon/Jefferies and Kramm/UBS pressed @dougielarge on his lack of transparency. What is Dougie Cifu hiding? Something about "what percentage of those 4+ trillion shares of OTCM money laundering
+
+shells did NITE trade?" made Dougie squirm like the snake most already know he is.
+
+Love the parting shot to Kramm/UBS:
+
+"your firm would love to have our business"
+
+Virtu Financial Inc (VIRT) Q1 2021 Earnings Call Transcript i The Motley Fool
+
+Virtu Financial Inc (VIRT) Q1 2021 Earnings
+
+Call Transcript I The Motley Fool
+
+Virtu Financial Inc (NASDAQ:VIRT) Q1 2021 Earnings Call May 4, 2021, 8:30 a.m. ET. Contents: Prepared Remarks; Questions and Answers; Call Participants; Prepared Remarks: Operator. Good day,
+
+and ...
+
+www.fool.com
+
+Mr Gensler: in case you missed it: Dougie sends his best
+
+Cheers! Chris
+
+From: Chris Dilorio e >
+
+Sent: Monday, May 3, 2021 2:03 PM
+
+SONY/NY Supreme Court Judges.
+
+I once challenge the best and brightest the SEC/DoJ/FBI/IRS Cl/FINCEN have to offer. Tear me to shreds. Make
+
+an example. I haven't been wrong about 1 single thing. NOT EVEN 1.
+
+The record is simply irrefutable:
+
+The latest edition of "The SEC is a grossly corrupt, criminal organization actively facilitating
+
+multiple,massive,ongoing frauds on the public it is mandated to protect to the benefit of the criminals who own
+
+them while screwing the whistleblower who caught them:ME"
+
+I refer you to the SEC Office of the Whistleblower FAQ Of course, I have multiple forms copied should you prefer
+
+SEC.gov i Office of the Whistleblower
+
+SEC.gov j Office of the Whistleblower
+
+3. What information can I submit to the SEC? The SEC conducts investigations into possible violations of the federal securities laws. In general, the more specific, credible, and timely a whistleblower tip, the more
+
+likely it is that the tip will be forwarded to investigative staff for further follow-up or investigation.
+
+www.sec.gov
+
+AGAIN AGAIN AGAIN IG Hoecker et al: the "summary disposition" aka Christopher J Dilorio rule corruptly
+
+enacted by Norberg/Clayton et al was/is COMPLETE FRAUD per FAQ #12 from the grossly corrupt SEC/OWB website:
+
+"ALL TIPS, complaints, and referrals received by the SEC are FULLY REVIEWED BY OUR ENFORCEMENT
+
+STAFF " FURTHER
+
+"Complaints that relate to an EXISTING INVESTIGATION are FORWARDED TO the STAFF WORKING ON THE
+
+MATTER."
+
+New line of inquiry.
+
+I don't see how it could be ANY MORE CLEAR IG Hoecker et al.
+
+In addition to annual reports to Congress ACKNOWLEDGING the OWB as the primary contact for whistleblowers to the Commission at large, this is damning. The summary disposition rule aka Christopher J Dilorio Rule: "SEC staff never saw Mr Dilorio's information" is complete and total FRAUD. Designed to use my information to both
+
+bring and obstruct thorough investigations while screwing me out of rightfull compensation.
+
+IG Hoecker, I'm still looking forward to our first interview given the 3 (THREE) complaints I have filed with your office. The UBS Reg SHO Denial was complete fraud. The UBS FINRA/FINCEN, SEC AML Denial was complete fraud. The Opco Denial was complete fraud. ALL must be reversed. The Summary Disposition Rule/aka
+
+Christopher J Dilorio rule must be nullified RETROACTIVE to its passage as it is clearly contrary to the SEC Rules
+
+ITSELF.
+
+I look forward to speaking with you Carl
+
+From: Chris Dilorio
+
+Sent: Thursday, April 22, 2021 5:57 AM
+
+To:
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+so sorry for incorrect e mail
+
+From: Chris Dilorio
+
+Sent: Thursday, April 22, 2021 5:44 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Judge Buchwald,
+
+I hope your colleagues in the SDNY and NY Supreme Court have forwarded my information. Like your colleagues, you are the victim of another SEC fraud on the SDNY court. I am an irrefutable expert on SEC criminal obstruction and corruption. Jay Clayton was NEVER "shocked" by the widespread fraud in the OTCM
+
+and crypto markets.
+
+Widespread Fraud in ICOs and Penny Stocks Shocked SEC's Jay Clayton - Bloomberg
+
+Gbi Widespread Fraud in ICOs and Penny Stocks
+
+Shocked SEC's Jay Clayton - Bloomberg
+
+The former Wall Street deals lawyer who leads the U.S. Securities and Exchange Commission said one of the biggest surprises of his first year heading the agency has been learning about the
+
+levels ...
+
+www.bloomberg.com
+
+Clayton's firm Sullivan Cromwell/Jared Fishman/Rodgin Cohen et al are EXPERTS on penny stock fraud having bailed out the criminal enterprise Knight/KCG/VIRT:NITE on more than 1 occassion. OTCM shells and crypto are
+
+Clayton and the SEC have obstructed a thorough investigation of my very serious allegations for years. Including the 2017 merger of Virtu and KCG: NITS. As a direct result multiple, massive SEC facilitated frauds on the public
+
+the SEC is mandated to protect are very much ongoing. In 1Q 2021, more than 4 TRILION shares of OTCM money laundering shells were traded. Money laundering shells like SEC reporting HWIN and hundreds just like it. Bitcoin continues to be mined in China, Russia, and Belarus. Bitcoin claims to have a limited supply. But, can
+
+that actually be verified? On his way out the door, Clayton bought the Ripple action. As you have stated:
+
+extremely flawed SEC argument that Ripple IS a security but somehow Bitcoin ISN'T.
+
+In fact: either ALL crypto are securities OR NONE are. The IRS for its part treats cryptos as a capital asset.
+
+Subject to capital gains and losses for tax purposes. As your colleagues can attest, the interconnectedness of my
+
+information is irrefutable. Several entities including Signature Bank/Greenbox are just 1 example of my
+
+"Derivative" information.
+
+Seems to me that Clayton,Hinman, crypto pumper Peirce ALL had KNOWN settled precedent to regulate Bitcoin and ALL crypto as securities: SEC V SG Ltd. Where appeals Court got it right and where Howey was applied:
+
+Securities & Exchange Commission v. SG Ltd. 265 F.3d 42 I Casetext Search + Citator
+
+Securities & Exchange Commission v. SG Ltd., 265 F.3d 42 I Casetext Search
+
++ Citator
+
+Read Securities & Exchange Commission v. SG Ltd., 265 F.3d 42, see flags on bad law, and search Casetext's
+
+comprehensive legal database
+
+casetext.com
+
+The inconsistency in the SEC approach to regulating ALL crypto as securities has caused great confusion in the
+
+marketplace and has opened the door wide to fraud.
+
+This is just another example of SEC corruption.
+
+Now, the SEC corruption has reached your Courtroom as well
+
+Cheers!
+
+Christopher J Dilorio
+
+From: Chris Dilorio
+
+Sent: Tuesday, April 20, 2021 11:39 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Several typos omissions corrected below
+
+Judge Ramos: SEC 1 Off's
+
+Sec. & Exch. Comm'n v. Honig 18 Civ. 8175 (ER) i Casetext Search + Citator
+
+Sec. & Exch. Comm'n v. Honig, 18 Civ. 8175 (ER) I Casetext Search + Citator
+
+Read Sec. & Exch. Comm'n v. Honig, 18 Civ. 8175 (ER), see flags on bad law, and search Casetext's
+
+comprehensive legal database
+
+casetext.com
+
+SEC settled quickly with Honig et al. Also Alpha Capital Anstalt: Liechtenstein: IMDS: Bag Man Schlaff: Bawag: Refco:Rhino: Sedona: Scan Graphics: Shaye Hirsch: Karfunkel: Kushners: Nordlicht: Englander: et al: Judge Swain
+
+Derivatives.
+
+These SEC 1 off's guarantee the activity continues. It does.
+
+Below: Tri-Mark: Sytner
+
+When did the SEC waive 13D/G filings simply because it was disclosed in an audited/SEC reviewed 10K?
+
+Not 1 off's: guarantee activity continues Judge Ramos, did you put an end to Honig?
+
+NOPE
+
+Barry C. Honig et al. (Release No. LR-24262• Sep. 7 2018) (sec.gov)
+
+Barry C. Honig, et al. (Release No. LR-24262; Sep. 7, 2018)
+
+The Securities and Exchange Commission today charged a group of ten individuals and ten associated entities for their participation in long-running fraudulent schemes that generated over \$27 million from unlawful stock sales and caused significant harm to retail investors who were left holding virtually worthless
+
+stock.
+
+...1W Sec Co
+
+And, as I proved below: Jaclin/Honig STILL up and running in April 2021
+
+SONY Judges/NY Supreme Court: The SEC CONTINUES to play you for fools while ACTIVELY facilitating massive, ongoing frauds on the public it is mandated to protect while screwing the whistleblower who caught them: ME
+
+As I have stated repeatedly in my correspondence: the record
+
+Multi billionaire Frost wasn't trying to MAKE a few million. Frost et al were LAUNDERING.
+
+Frost: bought Ladenburg from Icahn/LeBow/Lorber: Vector /New Valley. AFTER Icahn rolled his former
+
+employer: Gruntal: Sater,Feinberg,SAC et al: MILKEN: into Ladenburg. As MY record also clearly shows: Honig
+
+also Colleran: Trump felon fundraiser. AND: Vector/New Valley also Trump/Russia.
+
+"1 off's"! Too f'n funny
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Monday, April 19, 2021 4:10 PM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Welcome to Episode number: I lost track: of SEC criminal obstruction/corruption while screwing the public it is
+
+mandated to protect and screwing the whistleblower who caught them: ME.
+
+Give me a call Mr Gensler. Love to catch up. Saw where you did a OTCM esque reverse split in the massive USO
+
+fraud on the public.
+
+SONY Judges et al, when you read about something as absurd and ridiculous as Hometown International with a Deli front and New Jersey and entities in Hong Kong and Macau, you're probably thinking what I was thinking 10 years ago when I began researching NITE and the OTCM shells they traded. But, these are NOT 1 offs. This is WHY the OTCM exists: abusive naked shorting OTCM shells to facilitate money laundering is and always has been the core business at NITE et al. This is WHY NITE has been bailed out multiple times by other criminal entities. There is no such thing as just 1 cock roach. HWIN is no different. It is part of a MUCH MUCH bigger and
+
+well orchestrated scheme.
+
+More on Hometown International:
+
+Hey look, there's a Senegal/Ivory Coast individual named Ibrahima Thiam with a Macau address
+
+OTCQB-Certification.pdf (sec.report)
+
+;2, Ibrahima Thiam - Wetlands International
+
+P.O. Box 471 6700 AL Wageningen The Netherlands. Tel. +31 (0) 318 660 910 E-mail: [email protected] RSIN Number: 806703726
+
+Reg No: 09099028
+
+www.wetlands.org
+
+You know the 1 I'm talking about Judge Silver: NITE top traded/multiple SEC/FINRA reverse splits/Jim Justice: 5 Mile: Perian Salviola/Josh Sason/Sichenzia : NewLead fame? AND sister fraud "Greek Shipper" FreeSeas: also NY Supreme Court. Also Sason/Sichenzia. But with other Milken flunkie Terren Peizer. Crede. Along with Deutsche Bank and Credit Suisse. Peizer/Crede also Net Element. Net Element former CFO New: also Blink Charging: with
+
+JMJ/Keener AND Prolific Bag Man Michael Farkas. MORE derivatives
+
+More on Farkas later in the e mail. Read on
+
+And, not to get too graphic
+
+But another Hong Kong/Macau HWIN "investor" is Swiss "model" Nathalie Pasyawon
+
+Nathalie Pasyawon - Boobpedia - Encyclopedia of big boobs
+
+Interconnectedness defined. OR as I like to say MORE DERIVATIVES
+
+The 2020 SEC reviewed HWIN 10K filed March 26, 2021
+
+https://www.sec.gov/Archives/edgar/data/1632081/000121390021018020/f10k2020 hometowninter.htm
+
+www.sec.gov
+
+UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 . FORM 10-K (Mark One) ID ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended: December 31, 2020 or O TRANSITION REPORT PURSUANT TO SECTION 13
+
+OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to
+
+vo.vw.sec.gov
+
+Guess who has been the HWIN auditor since 2015?
+
+Fined/censured by PCAOB Liggett and Webb
+
+James Liggett/Martin Webb
+
+Microsoft Word - 105-2020-010-LW.docx (azureedge.net)
+
+Get Stock & Bond Quotes, Trade Prices, Charts, Financials and Company News & Information for OTCQX,
+
+OTCQB and Pink Securities.
+
+www.otcmarkets.com
+
+Several SEC reporting
+
+AND a few more with up and running TODAY NASDAQ listed Orbital Energy Group OEG
+
+EDGAR Search Results (sec.gov)
+
+Aqua Power Systems APSI. That's Aqa Power systems fka NC Solar: a Jaclin money laundering shell
+
+EDGAR Search Results (sec.gov)
+
+https://www.sec.gov/Archivegedgar/data/1553264/000114420412044855/v321146 sl.htm
+
+Bang Holdings Corp BXNG: VERY appropriate Name. Read on. Also Jaclin. Also Zenith. AND Platinum
+
+EDGAR Search Results (sec.gov)
+
+Brownies Marine Group BWMG EDGAR Search Results (sec.gov)
+
+C2E Energy Inc OOGI FKA Odyssey Oil and Gas: through 2020: a NY HQ company
+
+https://www.sec.gov/Archivegedgar/data/1160798/000121390021020286/fl0k2020 c2eenergyinc.htm
+
+www.sec.gov
+
+The Company intended to expand the making of bio fuels from algae to other large mining Companies in South Africa. On May 26, 2009, the Company acquired 51% of H-Power (Pty) Ltd. H-Power (Pty) Limited, a South African registered company, which owns an exclusive license to develop and market batteries based
+
+on patented Hybrid Battery Technology worldwide. However, on August 27, 2009, the ...
+
+www.sec.gov
+
+Enviro Technologies US Inc EVTN EDGAR Search Results (sec.gov)
+
+Hometown International HWIN
+
+See Below
+
+Ocean Thermal Energy Corp CPWR EDGAR Search Results (sec.gov)
+
+EDGAR Search Results (sec.gov)
+
+Second Street Capital CTON content (otcmarkets.com)
+
+Vynleads Inc VYND
+
+EDGAR Search Results (sec.gov)
+
+PuraDyn Filter Technologies PFTI EDGAR Search Results (sec.gov)
+
+A New York Liggett/Webb money laundering shell is C2E Energy Inc
+
+Began as an "exercise equipment " shell controlled by Curtis Olschansky
+
+Everyone remember the Better Buns machine?
+
+https://www.sec.gov/Archives/edgar/data/1160798/000114420407015535/v069715 l0ksb.htm
+
+SEC
+
+Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15 (d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements
+
+for the past 90 days.
+
+www.sec.gov
+
+Here's ANOTHER lesson in derivatives for the slow on the uptake
+
+New York C2E Energy Inc is now controlled by PROLIFIC Bag Man David Lazar/Zenith Partners/International
+
+/Equity Holdings LLc's and Custodian Ventures.
+
+https://www.sec.gov/Archives/edgar/data/1160798/000121390021020286/f10k2020 c2eenergyinc.htm
+
+www.sec.gov
+
+The Company intended to expand the making of bio fuels from algae to other large mining Companies in South Africa. On May 26, 2009, the Company acquired 51% of H-Power (Pty) Ltd. H-Power (Pty) Limited, a South African registered company, which owns an exclusive license to develop and market batteries based
+
+on patented Hybrid Battery Technology worldwide. However, on August 27, 2009, the ...
+
+www.sec gov
+
+Mediashift MSHF Melt Inc MELT XXStream XMET FinotecGroup FTGI Enabling Asia Inc EAIN
+
+Goff Corp GOFF
+
+NYSE listed SyntheticBiologics SYN
+
+Exobox EXBX just to name a few
+
+Lazar NY address: 3445 Lawrence Ave
+
+Oceanside, NY Also SEC NY
+
+Lazar partner in Zenith is Los Angeles/Beverly Hills/Santa Monica based Barry Sytner
+
+also home to Mogilevich Bag Man Milken/Dexel/Boyd Jefferies et al
+
+Sytner was himself in control of Tri - Mark Mfg Inc with guess who? Barry Honig
+
+EDGAR Search Results (sec.gov)
+
+and another money laundering shell up and running today: Chinese \$5 laundering shell Worry Free Holdings
+
+Teed up and ready to go with Rent A CFO: CFO NOW Worry Free is FKA SEC reporting iVoiceldeas Inc
+
+EDGAR Search Results (sec.gov)
+
+Microsoft Word - WYCC 30 SEPT 2018 OTC FILING.FILED VERSION (otcmarkets.com)
+
+Worry Free not the only Lazar China 5\$ laundering shell
+
+Hong Kong Winalite Group EDGAR Search Results (sec.gov)
+
+Not revoked by the grossly corrupt SEC after 10 years of no financial disclosures. Rather: voluntarily suspended by Lazar to be re used at a later date. Per my record with the SEC et al: money laundering shells go dark AFTER
+
+the fraud is committed. SEC does nothing to PREVENT the fraud from happening in the first place
+
+https://www.sec.gov/Archives/edgar/data/1059885/000121390020001328/f1515d0120 hongkongwinalite.ht
+
+m
+
+Anyone keeping track of the Jaclin/Honig related money laundering shells we're up to so far?
+
+Again: the Lazar/Sytner/Zenith/Custodian Ventures/Liggett/Webb list is not exhaustive
+
+But in excess of 20 money laundering shells up and running today should be a good start. Don't you think Mr
+
+Gensler?
+
+Of course, the money laundering shell that ties all of these ongoing frauds together is Bang Holdings: BXNG https://www.sec.gov/Archives/edgar/data/1632323/000161577415000921/s101040 sl.htm#INTEREST
+
+(1) This Registration Statement covers the resale by our selling shareholders up to (1) 1,857,050 shares of common stock previously issued to such selling shareholders and (2) 1,500,000 shares of common stock issuable upon exercise of outstanding warrants ("Warrants") at an exercise price of 50.35 per share, that
+
+were issued in connection with a Securities Purchase Agreement by and between ...
+
+voNw.sec gov
+
+A Colorado incorporated/Miami based/Jaclin money laundering shell where Liggett/Webb are auditor with
+
+Farkas/Platinum/Zenith Equity Holdings/Michael Bernstein et al
+
+EDGAR Search Results (sec.gov)
+
+Vast majority: SEC reporting. Several Jaclin. BXNG: Farkas/Jaclin. Several with Chinese Nationals.
+
+Zenith/Lazar/Sytner: Jaclin 2.0 like Honig. ABSOLUTELY NOTHING random about this as I have stated repeatedly: MASSIVE in scope/Brazen/Egregious/ongoing/SEC facilitated/SEC IG complicit frauds on the public the grossly corrupt SEC is mandated to protect while screwing the whistleblower who caught them: ME. AND NONE OF IT HAPPENS without well known criminal entities like executing BD/MM's NITE et al. NOT the "penny stock trading
+
+fairies"
+
+No, SDNY/NY Supreme Court Judges: Hometown International is NOT a 1 off that slipped through the cracks. At ALL times Jaclin has been under the jurisdiction of the SEC NY. At ALL times SEC NY ALSO under the jurisdiction
+
+of the SDNY.
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Saturday, April 17, 2021 10:31 AM
+
+Subject: Fw: Formal appeal for denial covered action 201S-016/ Knight Capital TCR & Appendix
+
+SDNY Judges and SEC IG,
+
+I would like to Re admit the following which is part of my extensive record with the grossly corrupt SEC: Jaclin
+
+Money laundering shells: Honig et al. AND prolific Bag Man Michael Farkas: BLNK,ICLD etc etc
+
+Have you been watching the story about this Deli in New Jersey with a \$100 million dollar market cap?
+
+US Financial Markets Have Become A Giant Mirage Built On A Foundation Of Fraud I ZeroHedge
+
+US Financial Markets Have Become A Giant
+
+Mirage Built On A Foundation Of Fraud
+
+ZeroHedge - On a long enough timeline, the survival rate for
+
+everyone drops to zero
+
+www.zerohedge.com
+
+SDNY judges/ SEC IG: This is what I have been telling the grossly corrupt SEC for more than 8 fn years now. ALL of this activity is up and running TODAY: April 2021 thanks to SEC criminal obstruction and corruption. The SEC is a criminal enterprise ACTIVELY facilitating multiple, ongoing frauds on the public it is mandated to protect to the benefit of the criminals who own them while screwing the whistleblower who caught them: ME
+
+Say Hi to the OTCM Pink money laundering shell Hometown International
+
+EDGAR Search Results (sec.gov)
+
+pg 22 and following of Selling Shareholders in this 2020 SEC approved Si
+
+https://www.sec.gov/Archives/edgar/data/1632081/000121390020014269/ea122720-sl\_hometown.htm4j 015
+
+(1) Pursuant to Rule 416(a) under the Securities Act of 1933, as amended (the "Securities Act"), there are also being registered hereby an additional indeterminate number of shares of the Registrant's Common Stock, \$0.0001 par value (the "Common Stock") as may become issuable to the selling stockholders as a
+
+result of stock splits, stock dividends and similar transactions, and, in ...
+
+www.sec.gov
+
+New Jersey Deli with "investors" in Macau, Hong Kong etc Welcome to my world in dealing with the grossly corrupt SEC
+
+Of course, Hometown International was ANOTHER Jaclin money laundering shell kept up and running by the
+
+grossly corrupt SEC
+
+hftps://vvvvvv.sec.gov/Archives/edgar/data/1632081/000114420415059929/v422176\_sl.htm
+
+SEC.gov I HOME
+
+25 E. Grant Street . Woodstown, NJ 08098 (856)759-9034 (Address, including zip code, and telephone
+
+number, Including area code, of registrant's principal executive offices)
+
+www.sec.gov
+
+What I have been telling the grossly corrupt SEC for YEARS: This is WHY the OTCM exists. AND, in Q1 2021, more than 4 TRILLION shares of money laundering shells like Hometown International were traded by NITE, CDEL et
+
+al.
+
+Market Statistics - Equity Trading Data Monthly (finra.org)
+
+ABSOLUTELY nothing has changed in the last 8 years. Infact, as the grossly corrupt SEC,DoJ et al have been in
+
+possession of my information, this illegal activity has EXPLODED.
+
+SEC IG: DO YOUR FUCKING JOB!! I I
+
+Hometown International: Woodstown NJ: SEC NY: SDNY jurisdiction
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Monday, April 5, 20215:29 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Judge Swain: still ANOTHER version of A Stroll Down the ABSOLUTELY NOTHING HAS CHANGED Avenue. This is another version of my extensive correspondence as I wait on the SEC Final Determination. Below, I
+
+detailed the \$765 million fraud DFC/taxpayer loan to almost insolvent Kodak to transition from
+
+film/cameras(buggy whips) to hydroxychloriquine. The DFC was run by Jared Kushner's college roommate. Massive fraud from the outset. The SEC of course never investigated the massive pump and dump related to this fraud. AND, thanks to the SEC egregious obstruction of Congress: there is STILL no CAT. Of Course the DFC first appointed IG Zakel (Sep 6 2020) concluded 2 months later that Jared's roommate didn't break any laws. Further: The Akin Gump internal investigation is ripped to shreds by yours truly below. AGAIN:There was no Clayton et al/SEC OR DoJ investigation into the egregious Insider Pump and Dump that took place in KODK
+
+related to the fraud DFC taxpayer loan.
+
+The interconnectdness of my claims on display yet again.
+
+Some Interesting entities involved with Blackstone/Schwarzman/New in the almost insolvent at the time/still:
+
+KODK.
+
+Recall from a version I sent last week Judge Swain:
+
+Sedona/Scan Graphics: 1998
+
+Kushners/Nordlicht/Englander AND
+
+https://www.sec.gov/Archives/edgar/data/31235/000121390020020114/ea124950scl3da2karfunkel eas.htm
+
+SEC.gov I HOME
+
+This Amendment No. 2 to Schedule 13D ("Amendment No. 2") relates to the common stock, \$0.01 par value per share (the "Common Stock"), of Eastman Kodak Company, a New Jersey corporation (the "Issuer"), and amends and supplements the initial statement on Schedule 13D filed on May 18, 2017, as
+
+amended and supplemented by the Schedule 13D/A filed on December 6, 2019 (the "Schedule ...
+
+VONW.sec.gov
+
+Chemdas Yisroel address:
+
+This EXACT address is the home of Roth CPA's etc
+
+Which also has offices in Israel
+
+Roth&Co — We understand that your business is your life's work (rothcocpa.com)
+
+Roth&Co - We understand that your business is your life's work
+
+NEW YORK. 1428 36th Street, Suite 200 Brooklyn, NY 11218 Phone: 718-236-1600 Fax: 718-236-4849
+
+rothcocpa.com
+
+mportant to note here that George Karfunkel founded 1 of the largest Stock transfer companies: American Stock Transfer. Did I mention there was no Jay Clayton et al/SEC/DoJ Insider trading/P&D investigation into
+
+KOOK? I digress.
+
+See, back in 2004, Barry F'n Honig had a shop called GRQ Consultants
+
+GRQ was involved in 2 money laundering Shells:
+
+Amplidyne yada yada
+
+EDGAR Filing Documents for 0001170022-05-000036 (sec.gov)
+
+AND
+
+Cell Power Technologies
+
+EDGAR Filing Documents for 0001144204-04-007936 (sec.gov)
+
+Everyone catch the address of this Cell Boost "technology" Cell Power?
+
+The SAME address as Chemdas Yisroel and Roth CPA's
+
+but just down the hall: Suite 205
+
+This is priceless.
+
+SONY Courts as well as NY Supreme Court. Brought to you by the grossly corrupt SEC.
+
+Gets better still....
+
+The SEC revoked Cell Power Technologies in 2010
+
+EDGAR Search Results (sec.gov)
+
+Barry Honig/Jaclin: also Blink Charging with prolific Bag Man Michael Farkas, JMJ, Drexel Alum Director,
+
+Jonathan New: NETE CFO up and running in 2021.
+
+And Barry Honig: Frost/Stetson/Colleran/ Alpha Capital et al
+
+Recall the record Laney: "multi billionaire Frost wasn't trying to MAKE a few million. Frost was laundering" Frost: bought Ladenburg from Icahn/Vector after Ladenburg bought Gruntal: Milken, SAC, Feinberg et al
+
+Colleran: Trump felon fundraiser
+
+Alpha Cap: Schlaff: Bawag/Refco/Sedona/Judge Swain: also my Knight/KCG/VIRT:NITE TCR
+
+2020. TEN YEARS AFTER the SEC revoked the Honig/Sichenzia money laundering shell down the hall from
+
+Chemdas Yisroel/Roth CPA: Garfunkel: Cell Power Technologies
+
+Garfunkel: 1998 Sedona/Scan Graphics w/Kushners et al
+
+Karfunkel/Chemdas Yisroel/Roth CPA's weren't the only ones to "get the look" (for those of you with ZERO trading experience charged with enforcing Securities Laws like insider trading, this is the term used for insider
+
+trading)
+
+Moses Marx also "got the look"
+
+EDGAR Filing Documents for 0001104659-20-089495 (sec.gov)
+
+EDGAR Filing Documents for 0001104659-20-089495
+
+EASTMAN KODAK CO (Subject) CIK: 0000031235 (see all company filings) IRS No.: 1604171501 State of
+
+Incorp.:NJ I Fiscal Year End: 1231 Type: SC 13D/AlAct: 34 I File
+
+vo.yw sec g ov
+
+Marx and Karfunkel go way back and are still in business together
+
+Does United Equities/Commodities ring any bells?
+
+How about Berkshire Bancorp? ANOTHER New York licensed Bank
+
+EDGAR Search Results (sec.gov)
+
+Karfunkel/Marx moved BERK from the NASDAQ to the OTCM Pinks around 2013
+
+WHY? Less disclosure stupid.
+
+Microsoft Word - {D634DCBC-639A-4A58-8504-3EDC20157A89} (otcmarkets.com)
+
+hey look! Marx,Karfunkel:BERK has the same auditor as Trump: Mazars. Prly just ANOTHER coincidence. For those of you incapable of following along: The probability that ALL of the Karfunkel illgotten gains in the SEC/Trump/Kushner/Blackstone/DFC et al facilitated P&D/Insider trading went to Congregation Chemdas
+
+Yisroel is virtually ZERO.
+
+Have I mentioned there was NO :zero,zilch,nada Jay Clayton et al/SEC/Dal insider trading investigation into
+
+KODK?
+
+Maybe, just maybe had the grossly corrupt SEC thoroughly investigated my irrefutably accurate allegations: Blackstone/Schwarzman: NITE, the massive pump and dump fraud:Blackstone et al: KODK wouldn't have
+
+happened. Which is why there has NEVER been a thorough investigation of my irrefutably accurate allegations. In fact, the grossly corrupt SEC has criminally obstructed a thorough investigation of my claims SO THAT frauds like KODK can continue. The SEC is bought and paid for by criminals while actively facilitating MULTIPLE frauds on the public it is mandated to protect WHILE screwing the whistleblower who caught them:ME. the record
+
+Janey is IRREFUTABLE.
+
+Finally Ms Wing: will you be keeping your DoJ e mail address up and running months after you land a
+
+new gig like Geoffrey Berman has? Almost like he never left.
+
+So Judge Swain: What has changed since your Sedona/Badian/Hirsch/Refco/Bawag decision?
+
+ABSOLUTELY NOTHING!
+
+Yes: Blackstone/Schwarzman/Marx/Karfunkel/Kushner/Trump et al are most definitely on the SEC/DoJ "Do not
+
+investigate List"
+
+Cheers! Chris
+
+From: Chris Dilorio
+
+Sent: Wednesday, September 23, 2020 7:18 PM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Judges Cave and Nathan,
+
+If there was ANY question as to the veracity of my extremely serious allegations, the SEC put it to rest today
+
+with its "clarification" and new rules governing the Whistleblower program:
+
+My preliminary denial in June for the Opco Award application which was 5 years in the waiting: "SEC staff never
+
+saw Mr Dilorio's information"
+
+I refer you to the ONLY new rule in the "clarifications" in the interest of "transparency"
+
+https://www.sec.gov/rules/final/2020/34-89963.pdf
+
+SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 240 and 249 RIN
+
+3235-AM11 ACTION SUMMARY
+
+SECURITIES AND EXCHANGE COMMISSION . 17 CFR Parts 240 and 249 [Release No. 34-89963; File No. S7-
+
+16-18) FUN 3235-AM11. Whistleblower Program Rules
+
+www.sec.gov
+
+AKA the Christopher 1 Dilorio Rule. Created to deny awards of rightful compensation. Per my appeal: a whistleblower CAN NOT know who at the SEC he/she should contact as investigations are done in strict confidentiality. Further, the OWB itself
+
+is the CENTRAL contact for whistleblowers. It is the EXPLCIT and EXCLUSIVE responsibility of the OWB to distribute whistleblower information within the SEC. This "rule" is FURTHER overwhelming evidence of SEC corruption and
+
+obstruction.
+
+Judges Cave and Nathan: ALL information presented to your Courts must be treated with extreme skepticism if not
+
+outright disdain. IF the SEC is willing to commit massive fraud on whistleblowers who expose their corruption and criminal activity just imagine the evidence it is willing to fabricate to bring a case like they are in Kamensky. An immediate STAY in
+
+Kamensky is warranted until an independent thorough investigation of my claims can be executed. ALL evidence
+
+presented to your courts by the SEC must be questioned in light of the overwhelming evidence I have provided. Again: this corruption goes straight to Jay Clayton himself. His former colleague Jared Fishman has played a key role in this massive
+
+fraud. Clayton NEVER disclosed these conflicts. In addition, your Honors are in possession of other Clayton/Sull
+
+Crom/AQR/Girsky facilitated fraud: Nikola. This is what it has come to when you blow the whistle on the grossly corrupt
+
+SEC: They create a completely arbitrary and fraudulent rule to silence you.
+
+Rule 204-21F summary disposition aka Screw the whistleblowers exposing SEC corruption Rule OR
+
+The Christopher J Dilorio Rule
+
+Regards,
+
+Christopherl Dilorio Whistleblower
+
+FROM:Chris Dilorio •::l l:> Sent: Wednesda Se .tember 23 2020 5:27 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Judges Cave and Nathan,
+
+My allegations are chock full of members of the SEC "Do Not investigate Club". Per my TCR: Key to the Aug 2012 "glitch/Bailout: Blackstone/Schwarzman. Blackstone had done extensive Due Diligence on Knight prior to the "glitch" and had considered buying them north of \$14/sh. Somehow/some way Blackstone decided not to go ahead with buying Knight not too long before the "glitch" which took the stock to \$3. The ultimate bailout deal was NOT collateral based. Rather a convert with a %50 discount to \$3: \$1.50/share. "WHEW". Per my TCR: ALL 2012 "glitch" bailout participants including Blackstone knew EXACTLY the fraud on the Knight balance sheet. Because of SEC corruption/criminal obstruction, NITE is insolvent TODAY. Absolutely nothing has changed. A
+
+As you can clearly see from my appeal to the OWB: The SEC intended to run out the clock. 5 years in the waiting in their Preliminary Determination Opco Award Denial for " Investigators never saw my information". Yet, SEC actions based on my information include: Hanover/Magna, JMJ/Keener, Fife, Southridge/Hicks, Opco, and
+
+UBSS. Missing somehow: NITE, Handler/Jefferies, Blackstone/Schwarzman etc etc.
+
+The last overt act of this massive conspiracy has not yet occurred.
+
+Mr Kamensky and I are BOTH victims of a longstanding and corrupt relationship between the SEC and
+
+Handler/Jefferies et al. Also victim of this corruption: the investing public the SEC is mandated to protect and
+
+the US Taxpayer.
+
+Regards,
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Wednesday, September 16, 2020 6:25 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Janey,
+
+Schwarzman must be pretty close to the top of the SEC's "do not investigate" list.
+
+The latest Schwarzman/Blackstone orchestrated fraud and cover up: KODK
+
+Today, the KODK Board Member Jason New: Blackstone "independent" outside inquiry by the law firm Akin
+
+Gump is in
+
+https://www.kodak.com/content/products-brochures/Company/Report-to-the-Special-Committee-
+
+09.15.2020.pdf
+
+"gaps" indeed
+
+The flowery New/BX cover up is chock FULL of gaps.
+
+"Introduction to Phlow"
+
+Phlow: the VA consortium receiving \$350 mil in Government Covid funding to provide Trump pushed Covid
+
+Cure: hydroxychloroquine
+
+https://www.prnewswire.com/news-releases/phlow-corporation-awarded-354-million-hhsasprbarda-contract-
+
+to-manufacture-essential-medicines-in-shortage-301061648.html
+
+RICHMOND, Va., May 19, 2020 /PRNewswire/ -- Phlow, a U.S.-based, public benefit drug manufacturing corporation, has received federal government funding of \$354 million for advanced manufacturing ...
+
+www.prnewswire.corn
+
+Phlow already has/had a long standing relationship with Ampac Fine Chemicals
+
+https://www.phlow-usa.com/about-us/
+
+About Us I Phlow Corporation
+
+Robert Mooney is a tireless champion of creativity and business acumen. As an entrepreneur and co-founder of New Richmond
+
+Ventures (NRV), Bob counseled startups and early stage companies on accounting and financial reporting, capital
+
+strategies, equity raising, project financing, milestones, business
+
+www.phlow-usa.com
+
+In May 2020, Phlow was re starting/building a mfg facility/warehouse with partner Ampac (AFC) to fulfill its
+
+Government contract
+
+https://richmondbizsense.com/2020/05/20/new-richmond-based-pharma-startup-with-350m-in-funding-eyes-
+
+facility-in-petersburgi
+
+New Richmond-based pharma startup with
+
+\$350M in funding eyes facility in Petersburg -
+
+Richmond BizSense
+
+Earlier this month BizSense first reported Phlow's initial
+
+government contract for \$6 million, but details on the company's plans remained unclear at the time.. Gupton said in an interview Tuesday the company's plans have been in the works for about 18
+
+months, well before COVID-19 hit.
+
+richmondbizsense.com
+
+Per the KODK/New/BX/Akin Gump cover up: pg 20
+
+"On June 15 2020,Kodak signed a Letter of Intent with Phlow in furtherance of its application to the DFC to
+
+show it had a CUSTOMER for its future API's"
+
+Most definitely "DEFINITIVE AND MATERIAL"
+
+So, where is the SEC reviewed/required 8k for this agreement?
+
+Further: WHY would the DFC consider "loaning" \$765 million to KODK with NO EXISTING API capability when it already granted LESS money to Phlow/Ampac with proven capabilities? Answer: KODK liquidity issues are
+
+SEVERE
+
+Like Milken: Insider trading is NOT the real issue here. The latest BX orchestrated "glitch": KODK.
+
+I know this information may be more than the SEC/DoJ are capable of comprehending.
+
+Call me and I'll walk you through it SLOWLY.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Tuesday, September 1, 2020 7:40 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Janey,
+
+MORE on the Blackstone/Trump/Kushner KODK P&D grift.
+
+Again, BX helped orchestrate the Knight "glitch" and bailout. No doubt, the "luckiest" f'ers on the Street. VERY
+
+high on the SEC do not investigate list. So, they can continue to facilitate criminal activity.
+
+See below: Jason New: KODK BoD: BX. In charge of the KODK "internal investigation". Now we read where D E Shaw has taken a 5% stake in KODK. guess who DE Shaw largest investor is: Blackstone. Corruption cover up. For
+
+the record Janey
+
+https://www.thetrustedinsight.com/investment-news/de-shaw-blackstone-20190325420/
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Mr Best,
+
+Congratulations on your new position as Director of SECNY.
+
+No doubt you have earned the promotion. For those of you who don't know Dick Best from his FINRA days, this
+
+masterpiece is what got him his job at the SEC Atlanta office
+
+https://www.finra.org/media-center/news-releases/2014/finra-fines-brown-brothers-harriman-record-8-
+
+million-substantial-anti
+
+The BBH AML complaint. Truly, fantastic work.
+
+ALL of the entities in the complaint are un named. WHY?
+
+This is my information.
+
+Swiss Banks, FFI's, and of course: penny stock trading fairies aka executing BD's/MM's that made it all possible.
+
+Per Dick's complaint: BBH delivered 80%+ of the trades to executing BD's/MM's. Did Dick Best criminally
+
+obstruct an investigation into my claims? Per my extensive correspondence with Robin Traxler at FINRA AND the
+
+fact that the SEC had my Knight Capital TCR in its possession for almost a year when Dick brought his BBH complaint. So, did Dick's complaint implicate entities in my TCR and that's why ALL of the entities in Dick's
+
+complaint are un named? Most certainly YES.
+
+Recall, this scheme generated \$850 MILLION in proceeds. Dick's \$8 mil fine was not a deterrent. Intentionally
+
+SO.
+
+So Congrats Dick on your new position as Director at SECNY. Janey, Hoecker, Dick, the record is extensive of my
+
+correspondence including Dick Best at the Atlanta Office. No doubt he will be recusing himself related to
+
+matters involving the un named entities in his FINRA BBH complaint. OR will he do what is expected at the SEC:
+
+Criminally obstruct investigations while screwing whistleblowers like me?
+
+From: Chris Dilorio ‹ > Sent: Wednesday, August 19, 2020 6:53 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Further:
+
+Janey, Hoecker, Jay, Mehraban et al
+
+Let me help narrow down the SEC facilitated, ongoing accounting fraud at NITE as I know none of you have ever
+
+spent a day on a trading desk:
+
+IF the avg holding period for VIRT HFT is a matter of seconds AND VIRT goes home flat every night, then what is the receivable/fails related to? With the core Virtu HFT business eliminated, what that does that leave? The
+
+CASH OTCM business maybe? Should I draw a picture in crayon for you Ms Mehraban?
+
+NITE: 3 different CFO's in the last year. Ms Mehraban, How much is your former Paul Weiss colleague/boss
+
+Dougie Cifu paying you to criminally obstruct an investigation of my allegations?
+
+Janey, Hoecker, Mehraban et al: When it comes to trading fraud/accounting fraud cover ups, SEC attorneys are
+
+CLEARLY not qualified.
+
+The record there is ALSO IRREFUTABLE.
+
+Here glitchy glitchy.
+
+Cheers!
+
+From: Chris Dilorio
+
+Sent: Tuesday, August 18, 2020 6:37 PM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Janey, Hoecker, Mehraban, Jay et al,
+
+The massive SEC facilitated fraud on the public known as Knight/KCG/VIRT: NITE is reaching epic proportions in
+
+August 2020. For the new "accounting" hires at the SEC:
+
+In 1Q2020, the receivable at NITE was up 90% or \$1.2 BILLION from Dec 2019 to \$2.562,721 billion
+
+Per the extensive record Janey: fails: because of self clearing are booked as a receivable. FRAUD. no intention of delivering. More accurately a liability. AND per my 2013 TCR: a large portion: structural liability as a result of an open naked short fail position WHEN not if a reverse split is approved by the grossly corrupt SEC/FINRA. There are some new "buckets" Malusso,loffe, Dougie large have created within the Receivable as well. Creative. The
+
+accounting shell game: moving fraud (abusive naked shorts) from bucket to bucket.
+
+The 1Q2020 10O
+
+https://www.sec.gov/ix?doc./Archives/edgar/data/1592386/000159238620000006/virtufinancial03-
+
+31x20.htm
+
+Inline XBRL Viewer - SEC
+
+The Inline XBRL Viewer allows a user to quickly and easily review details of the tagged information in an Inline document by automatically placing a top and bottom highlight border around each tagged numeric
+
+pg 23.
+
+Buckets total 52.562,721 BILLION
+
+the 2Q2020 10O
+
+https://www.sec.gov/ix?doc./Archives/edgar/data/1592386/000159238620000009/virt-20200630.htm
+
+pg 24
+
+Buckets total 52.441,283 BILLION
+
+The FRAUD (please see the record Janey).
+
+ALL of the receivable items are related to SETTLEMENT.
+
+Certain items within the receivable: buckets: would zero out within days IF VIRT was in compliance with the Securities LAWS: Close out requirements of Rule 204. So, isn't it beyond amazing THAT: although there was some change in certain buckets AND that the amounts were zeroed out within days of March 31, 2020 ONLY to
+
+end the quarter June 30, 2020 a mere 5121.438 MILLION difference from the March 31, 2020 ending
+
+balance777777
+
+That is absolutely f'n amazing: \$2.562,721 BILLION zeroed out from March 30, 2020 THEN a \$2.441.283 balance
+
+at June 30,2020. Well, the SEC does believe in "penny stock trading fairies" too.
+
+Nope. Not penny stock trading fairies. AND VIRT didn't zero out :FAILED to SETTLE BILLIONS \$\$ in transactions. This massive fraud is due to NEVER closing/covering as is mandated by LAW. SEC, ongoing, massive fraud on the
+
+public. Classic bucket shell game. A la FCM and Reverse mortgages.
+
+NOTHING has changed thanks to SEC corruption and obstruction while screwing whistleblowers like me.
+
+The massive NITE accounting fraud facilitated by the SEC that facilitates the ongoing fraud on the public the SEC
+
+is mandated to protect.
+
+CLEARLY, IRREFUTABLY: NITE is and always has been a criminal entity. ILLEGAL NAKED SHORTING drives trading profits at NITE. ALWAYS has. Janey, please post Jay Clayton AND Ms Mehraban NITE conflict disclosures. No doubt, Dougie large will see this e mail the same way the grossly corrupt SEC has disclosed my information to
+
+NITE for the last 10 years. NITE is GROSSLY insolvent TODAY August 18,2020.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Tuesday, August 11, 2020 6:53 AM
+
+Subject: Fw: Formal appeal for denial covered action 2015-016/ Knight TCR & Appendix
+
+Janey, Hoecker et al
+
+SEC criminal obstruction virtually real time.
+
+https://www.sec.gov/news/press-release/2020-178
+
+SEC.gov I SEC Charges Interactive Brokers With Repeatedly Failing to File
+
+Suspicious Activity Reports
+
+The Securities and Exchange Commission today announced that Interactive Brokers LLC will pay an \$11.5 million penalty to settle charges it repeatedly failed to file Suspicious Activity Reports (SARs) for U.S.
+
+microcap securities trades it executed on behalf of its customers.
+
+www.sec.gov
+
+SECNY: Lara Shalov Mehraban. Ms Mehraban, I've asked this before: Was Dougie "Large" Cifu your boss at Paul
+
+Weiss? The IBKR "complaint" is getting very close to your former boss/colleague isn't it?
+
+Questions Ms Mehraban doesn't want the public to see:
+
+Her former boss/colleague Dougie "Large" Cifu hired Alex loffe as VIRT CFO in 2019. From 2003-2019 loffe was
+
+CFO at IBKR. INCLUDING the period covered in Ms Mehraban's complaint.
+
+Not filing SAR's, Microcap securities, AML red flags. No kidding. WHY are the securities un named? WHO was
+
+ultimate executing BD/MM?
+
+As self clearing Ms Mehraban, isn't Knight/KCG/VIRT (Cifu): NITE the LARGEST clearing agent of microcap
+
+securities? How many SAR's coming out of your former boss executing BD/MM?
+
+Per my TCR: NONE. ZILCH. NADA. How do I know that?
+
+When would the criminal enterprise NITE which is run by Ms Mehraban's former Paul Weiss boss/colleague Cifu
+
+file a SAR: BEFORE
+
+or
+
+AFTER trading billions of shares?
+
+Did NITE Compliance rely on IBKR/Ioffe compliance? That would be a violation wouldn't it?
+
+Ms Mehraban is the poster child of SEC corruption and criminal obstruction while screwing whistleblowers like me. Virtually real time in August 2020. Very much an ONGOING and massive fraud on the investing public.
+
+The record is overwhelming AND irrefutable.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Monday, August 10, 2020 8:32 AM
+
+Subject: Fw: Formal appeal for denial covered action 201S-016/ Knight TCR & Appendix
+
+Janey, Hoecker et al
+
+speaking of NO 8K, recall the extensive record for the criminal/insolvent/fraud on the public
+
+Knight/KCG/VIRT:NITE
+
+The record Janey: Clayton/Sull Crom/Fishman "sale" of FCM business to other criminal firm Wedbush with NO
+
+8K
+
+3Q2014 10O
+
+https://www.sec.gov/Archives/edgar/data/1569391/000156939114000013/kcg2014093010-q.htm
+
+KCG then CFO Bisgay resigned with 2 weeks left in the quarter and didn't certify the financials. WHO certified
+
+along with Coleman? Sean P GALVIN.
+
+Cifu, Viola, Urban, Hutchins et al getting the fraud band back together
+
+https://finance.yahoo.com/news/virtu-financial-announces-changes-finance-105100941.html
+
+WHY would "Cutting edge technology firm" VIRT want to go with a guy who knows how to run the books at low as low tech gets OTCM cash trading firm Knight/KCG? The core business at Knight/KCG/VIRT: NITE is and always
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio ‹ >
+
+Sent: Friday, August 7, 2020 6:20 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight TCR & Appendix
+
+The SEC facilitated fraud on the public continues unabated. MORE irrefutable evidence of SEC criminal
+
+obstruction while screwing whistleblowers like me.
+
+A direct result of this ongoing massive fraud on the public.
+
+After NITE reported its 1Q2020 results I again again, again, like the last 10 years, alerted the grossly corrupt SEC
+
+to the massive accounting fraud at NITE as a direct result of abusive naked shorting.
+
+Per my 2013 TCR Laney, Hoecker, Jay et al:
+
+NITE is in a constant state of insolvency as a result of illegal, criminal, abusive naked shorting OTCM money laundering shells. This illegal activity drives trading revenue at NITE. This illegal activity is and ALWAYS has been the core business at NITE. This very profitable albeit illegal activity is WHY Sull Crom client KCG was bought by
+
+Virtu. This illegal activity is WHY NITE has been repeatedly bailed out by GS,BX,JEF, JPM and the SEC
+
+The receivable is where NITE books naked short fails as a result of self clearing. NITE has no intention of closing/ can't close these naked short positions. NOT a legit asset. Further, the receivable isn't a legit asset NITE can
+
+SEC.gov I HOME
+
+Exhibit 99.1 . Virtu Announces First Quarter 2020 Results . NEW YORK, NY, May 7, 2020 - Virtu Financial, Inc.
+
+(NASDAQ: VIRT), a leading provider of financial services and products that leverages cutting edge technology to deliver innovative, transparent trading solutions to its clients and liquidity to the global
+
+markets, today reported results for the first quarter ended March 31, 2020.
+
+WV:W.sec .gov
+
+Per the SEC reviewed 8k filing this am Aug 7, 2020 NITE reported 2Q2020 earnings. showing the receivable
+
+roughly flat with 1Q2020 at 2.44 BILLION
+
+https://www.sec.gov/Archives/edgar/data/1592386/000110465920091707/tm2026789d1 ex99-1.htm
+
+These are NOT "assets". More accurately, these are LIABILITIES. Massive accounting fraud. After moving these fraud "assets" to the appropriate liability classification, NITE tangible book value is GROSSLY insolvent. The SEC has obstructed my allegations for several years while allowing NITE to write down this structural liability on more than 1 occasion. Further, sell side analists at the guidance of Cifu et al never question these EGREGIOUS balance sheet issues. AND, with the grossly corrupt SEC blessing, Cifu et al never disclose insolvency in any SEC
+
+filing OR investor presentation.
+
+After dismal April/May REPORTED OTCM volumes on the FINRA now controlled website, June saw a dramatic
+
+spike in share volumes.
+
+The Top 25 OTCM money laundering shells by share volume in June 2020 and share price
+
+PLYZ .00015 PVDG .0008 RTON .00015 GRST .001
+
+RNVA .76 (rev split)
+
+OZSC .0049 EWLL .0002 VSYM .0012 OPTI .14755 MOM .0001 SIML .00025 IGEN .0084 XMET .0002 GTEH .0001 ABCE .0003 TSOI .007 NTRR .0014 GFTX .0005 LVXI .0003 SGMD .0024 INQD .002765 RBNW .0005 TLSS .0238
+
+Combined price approximately \$1
+
+How do stocks trade to trip zeroes? More buyers than sellers?
+
+Covering/closing out naked short fails shouldn't be an issue. ONLY explanation: abusive naked shorting:
+
+MANIPULATION. NOT Bona Fide market making.
+
+As a direct result of this massive, ongoing SEC facilitated fraud on the public, ABSOLUTELY NOTHING HAS
+
+CHANGED.
+
+The record is irrefutable: SEC criminal obstruction while screwing whistleblowers like me to facilitae a
+
+MASSIVE,ongoing fraud on the public. Key facilitator: Jay Clayton/Jared Fishman: Sull Crom
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio ‹ >
+
+Sent: Thursday, July 30, 2020 9:31 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight TCR & Appendix
+
+MORE SEC corruption/obstruction/screwing whistleblowers like me.
+
+Per my 2013 TCR attached Janey, we know that Schwarzman/Blackstone has played a key role in perpetuating
+
+A stroll down the record Janey: Around the same time as the SEC/BX/JEF/GS et al August 1 2012 NITE "trading glitch", Schwarzy/BX were key advisers to bondholders of Eastman Kodak and to the company also. Jason New:
+
+Blackstone was re elected to the KODK BoD in May 2020.
+
+https://www.sec.gov/Archives/edgar/data/31235/000156459020027039/kodk-8k 20200520.htm
+
+Then the Pumper/Grifter in Chief Trump goes out wide and far with this absolutely incredible news:
+
+The camera/film company Eastman Kodak is now going to be the US savior in pharma ingredients supply chain. This is a page out of the penny stock grifter playbook. This is what happens when we have a WH full of money laundering shell grifters. So, what has been the result of this incredible pump/transformation? KODK has gone
+
+from 2 to 90 back to 40.
+
+As is typical Trump/grifters/ and his criminal Clayton led SEC: the public hasn't seen a 8K filed by KODK to detail this incredible "transformation". The SEC has given its blessing to yet ANOTHER Trump/Grifter/Bag Men P&D. in
+
+KODK, FBO Trump BFF and Sull Crom client: Knight "savior" Schwarzy/BX. Had the grossly corrupt SEC
+
+investigated my claims instead of obstructing them and screwing me, MAYBE Schwarzy/BX would have thought
+
+twice about their latest grift: KODK. We know that Schwarzy is also a prolific GOP donor.
+
+F'n criminals Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Thursday, July 30, 2020 6:33 AM
+
+Still MORE IRREFUTABLE evidence of SEC criminal obstruction and corruption while screwing whistleblowers like me. Per the record Laney: Trump PA campaign Mgr David Urban on the BoD of #1 money laundering shell trader and Clayton/Sull Crom client NITE. Urban also on the BoD of money laundering shell: Pakastani/Canadian pot company w/ 200k in revenue FSD Pharma:HUGE. Today HUGE is up more than 100% on "news" it will pivot away from growing pot in Canada to "developing" a pot based cure for Covid. A money laundering shell. Of course, the grossly corrupt SEC has approved a \$20 million public offering for Urban/Trump: HUGE
+
+SEC facilitated P&D to facilitate money laundering
+
+https://www.sec.gov/Archives/edgar/data/1771885/000106299320003258/formsuppl.htm
+
+AGAIN, the SEC is a criminal organization facilitating criminal activity and protecting criminals at the expense of
+
+the public it is MANDATED to protect while screwing whistleblowers like me.
+
+The record is extensive.
+
+Cheers!
+
+Christopher.' Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Tuesday, July 28, 2020 7:48 AM
+
+subject. Fw. Formai appeal tor preliminary time' covered action ZU1S-Olb/ Knignt tapitai ILK & Appenaix
+
+STILL MORE OVERWHELMING evidence to support my extremely serious allegations that the SEC is a criminal
+
+organization, run by criminals, to support cfriminal activity while screwing whistleblowers like me.
+
+Farkas: Michael: is a prolific Bag Man well known to the SEC. Farkas chose a Jaclin money laundering shell INTENTIONALLY. Blink Charging (BLNK) is ANOTHER SEC facilitated fraud on the public the SEC is MANDATED to
+
+As is SOP for the grossly corrupt SEC: Revoked AFTER this massive fraud on the public was complete
+
+https://www.sec.gov/litigation/admin/2009/34-60013.pdf
+
+ALSO SOP for the corrupt SEC: No mention of Farkas and his controlling i Incubator entities in the complaint
+
+https://www.sec.gov/Archives/edgar/data/1044693/000104653200000261/0001046532-00-000261-index.htm
+
+https://www.sec.gov/Archives/edgar/data/1044693/000104653200000265/0001046532-00-000265-index.htm
+
+https://www.sec.gov/Archives/edgar/data/1044693/000104653200000263/0001046532-00-000263-index.htm
+
+ALSO missing from the i Incubator complaint: Executing BD/MM of the worthless Farkas certs dumped on the
+
+public while the grossly corrupt SEC watched. Those damn "penny stock trading fairies" AGAIN!
+
+NOPE.
+
+BLNK never should have happened. Farkas, his NETE CFO, Keener, Nordlicht, etc etc should have been shut
+
+down LONG AGO
+
+Cheers!
+
+Christopher.' Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Thursday, July 23, 2020 5:59 AM
+
+The grossly corrupt SEC response to whistleblower OVERWHELMING evidence of money laundering ,manipulation, and fraud: MY INFORMATION has been remarkably consistent over the last 9 years++:
+
+Obstruct, cover up, facilitate illegal activity at the expense of the investing public it is sworn to protect while
+
+screwing whistleblowers like me.
+
+BLNK: A KNOWN Jaclin money laundering shell. Rev merger with a KNOWN Bag Man: Michael Farkas who was
+
+the largest shareholder of ANOTHER money laundering shell: SkyWay but somehow escaped the SEC
+
+investigation. With Board members like Engel: Drexel, Scigliano: Acies: NETE a CFO:New from NETE. A known to the SEC Bag Man: Keener who the SEC has kept up and running for YEARS since being BARRED (Not Exactly) by
+
+Industry SRO FINRA.
+
+In addition to that name Farkas: ANDREW/Jonathan Farkas. Trump fundraiser and Epstein: Jeffrey: business partner, this fraud has an added element. So, after receiving my overwhelming evidence with AML red flags too numerous to count, what was the par for the course SEC response: Approved BLNK public offering just several days ago AND with my overwhelming evidence in hand. But, that's not where the corrupt SEC active facilitation of this massive fraud on the public ends. Yesterday, 7/22, BLNK put out a PR linking it to a few hundred charging stations in VA,MD,DC. This pr drove the stock up almost 30% at 1 point and closed 15% higher on almost 8x avg volume. A most certainly "MATERIAL" event. AND an event that required an SEC 8k filing if "DEFINITIVE" as well. No such 8K was filed by BLNK for this pr. This pr therefore must be complete FRAUD intended ONLY to facilitate
+
+a massive Pump and Dump on the public. It accomplished its intended fraudulent outcome.
+
+But, back to BLNK fka New Image Concepts: the company
+
+Between Blink and New Image Concepts, BLNK was known as Car Charging Inc
+
+https://www.sec.gov/Archives/edgar/data/1429764/000114420414059745/v390669 defl4c.htm
+
+This 2014 SEC approved offering also had several red flags of its own. WHOPPERS in fact. Guess who ELSE was involved in this years in the operating money laundering shell?
+
+Platinum Funds/Nordlicht. With links to Kushner(s) and Trump lawyer Giuliani. Other NY entities, a Columbus
+
+OH entity, a Chicago entity, and a Belize entity. Still counting the AML red flags?
+
+The icing on the top of this massive SEC facilitated fraud: ex NM Governor Bill Richardson.
+
+Who, is also linked to Jeff Epstein and his NM Zorro Ranch.
+
+BLNK: money laundering fraud on the public ACTIVELY facilitated by the SEC in July 2020 despite overwhelming
+
+whistleblower (me) information. Linked to Milken,Russia, Trump, and Epstein. Of course the 7/22 trading activity NEVER would have happened without willing, executing BD's and MM's like the criminal entity known
+
+as Knight,KCG,VIRT: NITE. Which has also been kept up and running by the grossly corrupt SEC despite overwhelming evidence of a massive, ongoing, criminal conspiracy detailed by a whistleblower: me.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Greetings grossly corrupt SEC et al
+
+Still MORE SEC facilitated fraud on the public it is mandated to protect: BLNK: Farkas/JMJ/Jaclin/CFO New(NETE) money laundering fraud
+
+today's pr
+
+https://www.globenewswire.com/news-release/2020/07/22/2065815/0/en/Blink-Charging-Awarded-Grantfrom-Virginia-Clean-Cities-to-Place-200-Fast-Level-2-Charging-Stations-Across-the-Mid-Atlantic-Region.html
+
+Of course, BLNK didn't file an SEC reviewed 8K for this material, definitive agreement that has the stock up 27%
+
+on 5x normal volume at 10:30 EST
+
+In fact, the last filing with the SEC by BLNK was actually the SEC declaring effective a public offering of securities
+
+on 7/15/20. 1 week ago today.
+
+MORE SEC facilitated fraud on the public.
+
+Cheers!
+
+Christopher Dilorio
+
+Whistleblower
+
+Sent: Tuesday, July 14, 2020 3:31 PM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+OH JOHNNY!
+
+https://www.reuters.comiarticleibc-finreg-fbi-laundering-private-equity-idUSKCN24F1TP
+
+FBI concerned over laundering risks in private
+
+equity, hedge funds - leaked document -
+
+Reuters
+
+The U.S. Federal Bureau of Investigation believes firms in the nearly \$10-trillion private investment funds industry are being used as vehicles for laundering money at scale, according to a
+
+leaked ...
+
+www.reuters.com
+
+Janey,
+
+Even though you admit not distributing my information within the SEC, I was busy distributing it myself to
+
+others.
+
+Carl baby, I'm afraid this means your first "investigation" of my complaints to you wasn't exactly "thorough" as
+
+I've been saying for years.
+
+Shall I point out the pages for you?
+
+Blackstone wanted to buy NITE but only AFTER theirSEC/JEF et al orchestrated August 1 2012 "glitch"
+
+"luckiest f'ers" on the Street
+
+https://www.businessinsider.com.au/blackstone-dodged-a-bullet-with-knight-capital-2012-8
+
+Capital Before Its Stock Collapsed
+
+One company is breathing a sigh of relief after a trading glitch sent shares of Knight Capital Group from more than \$10.30 to
+
+nearly \$2.50 last week.
+
+www.businessinsider.com.au
+
+From my TCR you admit never distributing Janey
+
+https://www.reuters.com/article/us-wealth-summit-ubs-blackstone-idUSTRE6A055020101101
+
+UBS brokerage's McCann sees more
+
+Blackstone ties - Reuters
+
+UBS , rebuilding a brokerage hard-hit by the financial crisis, lately has been mingling in some good company: Blackstone Group LLP.
+
+www.reuters.com
+
+The UBS award application I sent to Janey TEN TIMES from a commercial fax machine:
+
+ALSO MY INFORMATION
+
+https://www.sec.gov/enforce/34-84828-s
+
+SEC.gov I SEC Charges UBS Financial Services Inc. with Anti-Money
+
+Laundering Violations
+
+ADMINISTRATIVE PROCEEDING File No. 3-18931. December 17, 2018 - The Securities and Exchange Commission today announced settled charges against broker-dealer UBS Financial Services Inc. for failing to report suspicious transactions in customer accounts. UBS agreed to pay a \$5 million civil penalty to
+
+resolve the SEC's charges, and separately agreed to pay \$10 million to the U.S. Treasury ...
+
+www.sec.gov
+
+y'all are gonna be FAMOUS!
+
+From: Chris Dilorio
+
+Sent: Tuesday, July 14, 2020 12:34 PM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+MORE SEC corruption/obstruction
+
+ANOTHER Jaclin money laundering shell:
+
+https://www.sec.gov/Archives/edgar/data/1449527/000121390008002174/fsl prcomplete.htm
+
+YESDtc Holdings fka PR Complete
+
+https://www.sec.gov/cgi-bin/browse-edgar?ClK=1449527
+
+MORE related entities to my claims:
+
+Bill Scigliano: Chairman BoD
+
+Scigliano was also a Director at Oleg Firer's revoked but still very much up and running in MA: Acies Corp. Acies was incorporated by His Eminence with a NY address of 14 Wall Street: Rovt: Allied Wallet: WireCard. Jaclin and
+
+Oleg related entities/people: Money laundering shells. Is the grossly corrupt SEC regretting their Jaclin
+
+complaint which was a cover up for much larger criminal activity: MY CLAIMS?
+
+But there's more.
+
+The SEC also brought "more coverup than complaint" In Frost,Honig,Alpha,Stetson et al. The SEC Knows who
+
+else was involved in the Jaclin money laundering shell PRComplete/YESDtc:
+
+Barry Honig/GRQ
+
+Who was the executing BD/MM converting all these billions of worthless Jaclin,lronridge,JMJ,Farkas,Honig etc
+
+etc certs into real money?
+
+The SEC response: "penny stock trading fairies". NOPE: NITE
+
+How is it possible that there is NO reference to AML in ANY of these SEC complaints?
+
+Because the SEC outsourced BD compliance with the BSA to industry advocate FINRA. DUH
+
+Then, there's the Jaclin money laundering shell New lmage/BLNK. Gee, wonder if Farkas of money laundering shell Skyway, JMJ/Keener: money laundering shells in my claims, Engel: Drexel, Jonathan New NETE CFO, etc
+
+knew BLNK was/is a money laundering shell too.
+
+His Eminence Firer is a prolific Bag Man. I've been telling the SEC that for years.
+
+Janey, update my NETE and AQR TCR's. You know, for the record. Several entities in my TCR's linked to Jaclin's
+
+shell factory. Including NITE.
+
+I've asked this many times Janey,Jay,Hoecker et al:
+
+WHAT EXACTLY DOES THE NITE COMPLIANCE DEPARTMENT DO EXACTLY?
+
+Other than looking the other way while they naked short publicly traded shells to facilitate money laundering
+
+that is
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio ‹ >
+
+Sent: Monday, July 13, 2020 10:50 AM
+
+u ject: w: Formal appeal or preliminary denial covered action Knight Capital TCR & Appendix
+
+Janey, Hoecker, Jay et al
+
+still MORE SEC attempts to cover up illegal activity at the expense of the public it is mandated to protect.
+
+The SEC latest Rule change proposal
+
+https://www.sec.govinews/press-release/2020-152
+
+SEC.gov I SEC Proposes Amendments to Update Form 13F for Institutional
+
+Investment Managers; Amend Reporting Threshold to Reflect Today's
+
+Equities Markets
+
+The Securities and Exchange Commission today announced that it has proposed to amend Form 13F to update the reporting threshold for institutional investment managers and make other targeted changes.
+
+Will exempt 90% of current 13F filers from future equity holdings disclosures.
+
+WHO does that benefit? Certainly not the public the SEC is mandated to protect. LESS transparency still for the
+
+likes of Keener,Sason,Asher/Kramer,IBC,Ironridge/Coulston,Alpha,Dutchess,Crede, etc etc etc
+
+Costs to file: pocket change
+
+https://www.netacn.com/Service.aspx?id=dLfmwmZHCkOsIL-sP3V8Dw
+
+Form 13F EDGAR Filing Agent Service :: Advisor Consultant Network
+
+ACN will compile your 13F Report and act as your Filing Agent in order to submit the report to EDGAR. Send us your Holdings List, we compile the Form 13F Report and send you a Proof for your review and approval. Upon your approval we will submit the report to EDGAR. You will receive an email notification as
+
+will ACN that the report has been accepted.
+
+www.netacn.com
+
+So, WHY does the SEC want LESS transparency for the investing public it is mandated to protect?
+
+The SEC is bought and paid for by criminals.
+
+Cheers!
+
+Christopher.' Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Wednesday July 8 2020 9:35 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Janey, Hoecker et al,
+
+Is Trump prolific Bag Man Jonathan Farkas related to Bag Man Michael Farkas: Skyway largest shareholder:
+
+REVOKED
+
+https://www.hollywoodreporter.com/rambling-reporter/inside-hamptons-fundraisers-netted-trump-12m-
+
+election-1230690
+
+Inside the Hamptons Fundraisers That Netted
+
+Trump \$12M for Re-election I Hollywood
+
+Reporter
+
+The numbers are in and President Donald Trump's quick trip to the Hamptons on Friday raked in \$12 million for his re-election campaign as his Republican allies were quick to declare it a win ...
+
+www.hollywoodreporter.com
+
+Now Michael Farkas is CEO of Jaclin money laundering shell New Image Concepts/Blink charging
+
+How did Farkas (Michael) escape the SkyWay SEC complaint? https://www.sec.gov/litigation/complaints/2009/comp20960.pdf
+
+Would explain the Milken/Drexel flunkie Engel on the BLNK BoD as well.
+
+Also explains why the grossly corrupt SEC let Bag Man JMJ/Keener up and running in 2020 and the
+
+Crede/Milken/Putin etc NETE CFO New now CFO at BLNK
+
+Some BLNK/Trump/rinsing. With help from "issuer/bag man funded research" Zacks aka Seethroughequities
+
+2.0. Rusian money?
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Janey,
+
+MORE EXTRAORDINARY SEC corruption and criminal obstruction designed to protect criminals and screw
+
+whistleblowers like me. Despite my very generous 4 day offer to produce the entire record which is the basis of
+
+my award application/denial/appeal AND REQUIRED by the statute I have referenced:
+
+240.21F-12 "Materials that may form the basis of an award determination and that may comprise the record on appeal", The several hundred e mails I have sent you, Hoecker et al MUST be part of this record. Janey, you failed to produce this record. As I made clear: my 6/23/2020 emails to you Hoecker, SEC commissioners were merely re re re sent previously sent e mails: the record. Further, my 6/23/2020 e mail: Formal appeal for preliminary denial covered action 2015-016 Knight Capital & Appendix was merely a summary of several hundred e mails sent to you, Hoecker et al. These e mails SHOULD be the record. You failed to produce the record. Which begs the question: WHAT "record" was used to determine the SEC preliminary denial exactly IF the SEC can't produce the record? The preliminary denial was completely fabricated and must be reversed. But, it doesn't end there: per my 6/23/2020 summary based on several hundred e mails sent to the SEC, the RECORD of EXTRAORDINARY corrupt obstruction designed to protect criminals and screw whistleblowers is not confined to Opco,NITE,UBSS,Sason,Keener etc etc etc. I have filed 2 TCR's with the OWB related to the money
+
+laundering/transaction
+
+laundering/Putin/Rakishev/Trump/Kushner/Alfa/Crede/Peizer/Milken/Hapoalim/SBNY/CardWorks/ESQ/WireCa rd/AQR etc etc etc fraud known as Net Element. For YEARS the SEC has been in possession of not just my TCR's but HUNDREDS of e mails supporting my TCR's comprising the extensive record. Here again, the SEC is covering up a MASSIVE fraud perpetrated on the public and well within even the grossly corrupt SEC ability to shut down
+
+the fraud IF they had used my information to execute its mandate to do so. Instead, the SEC obstructed a thorough investigation. Per my previous e mails: the record: NETE claimed to be a payment processing entity. Claiming further to process BILLIONS of dollars worth of transactions every year. Its subsidiary Pay Online is linked to the massive fraud Wire Card. How's the SEC Wire Card investigation coming along? For years, based on
+
+my extensive financials research and other research, I pleaded and pleaded with the SEC to shut down this
+
+massive fraud. They did not. email after email. Year after year I wrote the SEC "NETE is a money
+
+laundering/transaction laundering fraud". Rather than shut it down, the SEC with the help of NASDAQ allowed fraud public offerings by Crede/Peizer/Milken related entities: Esousa and Cobblestone and a reverse split so
+
+NETE could keep its NASDAQ listing. The balance sheet has been grossly insolvent for years: goodwill.
+
+ALL of my allegations were confirmed when NETE decided to "unlock value in its payment processing" business by doing a reverse merger with a CA EV "manufacturer" started by a musician. This fraud transaction is quite common in money laundering shell land dominated by NITE/VIRT. The SEC cover up of criminal activity while
+
+screwing whistleblowers:ME: The "payment processing business" is to be "sold". Related of course was the SEC cover up of criminal activity while screwing whistleblowers: ME: The Goldman/Sull Cromm advised purchase by ALLY of CardWorks: Merrick Bank: NETE and then the recent unwinding of this fraud transaction. No doubt the brain child of Chair Clayton and his Sull Cromm colleague Jared Fishman who has played a key role in keeping
+
+the criminal entity NITE/VIRT up and running.
+
+NETE/Mullen: "here glitchy glitchy" cover up. But, who the hell would EVER touch the massive fraud: NETE?
+
+Only another fraud: Mullen.
+
+Mullen doesn't "manufacture" ANYTHING. Mullen is simply a car dealership.
+
+The K50 EV is manufactured in China by Ctiantu a subsidiary of CH-Auto. Qiantu/CH have a production facility in
+
+China. There will be no Mullen "production" of EV vehicles in Washington or anywhere else in the US.
+
+But, the SEC facilitated fraud doesn't end at protecting criminals and screwing whistleblowers: ME. Per my TCR attached, there is a well orchestrated eco system of fraud. Including "issuer/bag man funded research" that facilitates P&D. In fact, on 11/8/2018 the SEC brought a complaint against an entity I cited in 1 of my emails to
+
+the SEC: the record: known as SeeThroughEquity
+
+https://www.sec.gov/litigation/complaints/2018/comp-pr2018-259.pdf
+
+Seethruequity, LLC, Ajay Tandon, and Amit Tandon
+
+THE DEFENDANTS 6. SeeThruEquity, LLC is a Delaware limited liability company that was co-founded in
+
+2011 by brothers Ajay Tandon and Amit Tandon.
+
+www.sec.gov
+
+SeeThroughEquity was engaged in a Pump and Dump promotion of NETE in April and August 2018
+
+https://www.netelement.com/press-releaseskelease-content/1062906#.XwRXEOWSnIV
+
+SeeThruEquity Issues Update on Net Element, Inc.
+
+NEW YORK, NY / ACCESSWIRE / April 10, 2018 / SeeThruEquity, a leading independent equity research and corporate access firm focused on smallcap and microcap public companies, today announced that it has issued an update on Net Element, Inc. 0. The note is available here: NETE April 2018 Update Note. Net Element, Inc. (NASDAQ: NETE, "Net Element") is a global financial
+
+www.netelement.com
+
+hups://www.netelement.com/press-releases/release-content/10734671#.XwRXGuWSnIV
+
+SeeThruEquity Issues Update on Net Element, Inc.
+
+NEW YORK, NY / ACCESSWIRE / August 6, 2018 / SeeThruEquity, a leading independent equity research and corporate access firm focused on smallcap and microcap public companies, today announced that it has issued an update on Net Element, Inc. 0. The note is available here: NETE August 2018 Update Note. Net Element Inc. (Nasdaq CM: NETE, "Net Element") is a global financial
+
+So, the SEC SeeThroughEquity complaint acknowledges the fraud associated with NETE. Well orchestrated. This P&D campaign was part of the 2 fraud offerings : Esousa and Cobblestone: I alerted the SEC to. Who PAID for
+
+the SeeThrough P&D? Crede/Peizer/Esousa/Cobblestone?
+
+The cherry on top of the SEC corrupt obstruction: NETE was still in business in 2020 to receive taxpayer Cares
+
+Act money.
+
+A summary of the record. Janey, Hoecker et al,
+
+Please update my Net Element and AQR TCR's
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+Not just irony but a massive fraud on the
+
+From: Chris Dilorio
+
+Sent: Tuesday, June 30, 2020 1:01 PM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Janey,
+
+the purpose of your 5 years in the waiting PRELIMINARY denial of my OpCo Award application could not be any more clear: run the clock out and protect NITE,UBSS,Magna et al while denying me rightful compensation. But, As I have repeatedly told you, Hoecker, your colleagues: the last overt act of this vast conspiracy has not yet
+
+occurred:
+
+NITE/VIRT is insolvent today 6/30/2020 as a direct result of the SEC facilitated fraud on the public which is and always has been the core business at NITE/VIRT: Abusive naked shorting publicly traded shells to facilitate money laundering. The public is STILL at risk. The SEC has facilitated NITE intentionally misleading the public as to the true nature of its business. The SEC still facilitates this massive fraud on the public while it intentionally misleads the public there is no naked shorting because the SEC authorized the DTCC to create the illegal, shadow clear mechanism Obligation Warehouse (OW) so NITE's criminal activity can continue and it can
+
+circumvent close out REQUIREMENTS of Rule 204 of Reg SHO. ALL very much ongoing in June 2020 as a direct result of the SEC (OWB/Hoecker/Enforcement etc etc) criminal obstruction and ACTIVE facilitation of the
+
+criminal enterprise known as Knight/KCG/VIRT: NITE.
+
+Clayton never disclosed his Sull Crom/Fishman/NITE conflicts. He must step down from the SEC IMMEDIATELY
+
+until a criminal investigation can be concluded. NITE must be halted IMMEDIATELY as it still poses a
+
+monumental risk to the investing public. FINRA should go back to being a cheerleader as it is just another
+
+enabler of this criminal activity. It has NO business enforcing SECURITIES LAWS. It should not be overseeing the OTCM. FINRA fines are a joke and not meant to be a deterrent. INTENTIONALLY siding with criminals over the investing public the SEC is mandated to protect. The cesspool known as the OTCM MUST be shut down. It exists SOLEY for the purpose of facilitating a massive fraud on the public. The OW must be shut down IMMEDIATELY so the public can see just how pervasive naked short selling: MANIPULATION really is. EVERYONE at the SEC who has had contact with my information MUST resign/be terminated IMMEDIATELY. ALL of the AQR blank check shells must be shut down IMMEDIATELY as they pose a serious national security risk. AQR MUST be shut
+
+down IMMEDIATELY.
+
+Certainly not exhaustive BUT a good start
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio •c: >
+
+Sent: Tuesday, June 30, 2020 7:36 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Janey,
+
+please add the following info to my appeal of your preliminary denial of my Opco award.
+
+More evidence the SEC is using/has used my information to both bring complaints and protect/obstruct
+
+complaints. Again, you, McKessy, Hoecker have been in possession of my 2013 TCR filed with Berger for several years. In addition to hundreds of e mails continuing into 2020 showing irrefutable and overwhelming evidence
+
+to support my allegations.
+
+assignments: bogus notes. NO SHIT? Really? detailed by me. In addition to Bag Man Sason/Hanover/Magna, I detailed the illegal activity of Bag Man Justin Keener/JMJ in my 2013 TCR. Keener was the customer in the
+
+FINRA World Trade Financial complaint.
+
+hups://www.finra.org/media-center/news-releases/2013/finra-fines-three-firms-900000-inadequate-anti-
+
+money-laundering
+
+FINRA Fines Three Firms \$900,000 for Inadequate Anti-Money Laundering
+
+Programs I FINRA.org
+
+WASHINGTON - The Financial Industry Regulatory Authority (FINRA) announced today that it has fined three firms a total of \$900,000 for failing to establish and implement adequate anti-money laundering
+
+(AML) programs and other supervisory systems to detect suspicious transactions.
+
+www.finra.org
+
+Related to the billions of OTCM money laundering shells traded through World Trade, the BD SRO FINRA requested information from Keener related to his assignments and acquisition of bogus convertible notes
+
+including bank statements to prove the notes weren't bogus. Keener told FINRA to 'F Off"
+
+hups://www.finra.org/sites/default/files/OHODecision/p182993 0 0.pdf
+
+FINANCIAL INDUSTRY REGULATORY AUTHORITY OFFICE OF HEARING
+
+OFFICERS
+
+5 distributions of securities in violation of Section 5 of the Securities Act of 1933. Tr. 158, 179-180.6 On
+
+September 22, 2011, FINRA staff served a request on Keener, pursuant to FINRA
+
+www.finra.org
+
+FINRA barred Keener/JMJ in 2013 as a "Bad Actor" The SEC was certainly aware of the FINRA action
+
+hups://www.sec.gov/litigation/opinions/2012/34-68014.pdf
+
+As recently as 2019 Bag Man Keener/JMJ was involved in ANOTHER money laundering shell called Blink
+
+Charging fka New Image Concepts
+
+https://www.sec.gov/cgi-bin/browse-edgar?
+
+action=getcompany&CIK=0001429764&owner=exclude&count=40&hidefilings=0
+
+https://www.sec.gov/Archives/edgar/data/1429764/000114420419004046/0001144204-19-004046-index.htm
+
+Blink Charging Co. (Subject) CIK: 0001429764 (see all company filings) IRS No.: 030608147 I State of
+
+Incorp.:NV I Fiscal Year End: 1231 Type: SC 13G/A I Act 34 ...
+
+New Image Concepts was detailed by the SEC in their Jaclin et al "Shell factory" complaint in 2016. PRIOR to
+
+Keener involvement.
+
+https://www.sec.gov/litigation/complaints/2016/comp-pr2016-86.pdf
+
+Case No. 2:16-cv-03250
+
+1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 2:16-cv-03250 Document
+
+1 Filed 05/12/16 Page 1 of 45 Page ID #:1 AMY JANE LONGO, Cal ...
+
+vAvw.sec.gov
+
+But Keener not the only 1 involved who knew New Concept was a money laundering shell. CEO of Blink is Michael Farkas. SEC knows him well from his Skyway Communications days.
+
+The SEC revoked the registration of Farkas/Skyway in 2007
+
+https://www.sec.gov/cgi-bin/browse-edgar?
+
+action=getcompany&CIK=0001128723&owner=exclude&count=40&hidefilings=0
+
+The CFO of Blink is Jonathan New. Formerly CFO of the AQR/Crede: Milken money laundering/Transaction
+
+laundering blank check shell: Cazador/Arco: Net Element
+
+A director of Blink is a guy named Donald Engel who worked at Drexel with Milken.
+
+New Concepts was HQ'd in Santa Monica: Milken
+
+But it gets better
+
+the Jaclin shell factory also linked to Honig,Stetson,Alpha Cap, Frost as well
+
+http://www.teribuhl.com/2019/08/06/honigs-shell-factory-attorney-gregg-jaclin-barred-as-sec-lawyer/
+
+Honig's Shell Factory Attorney Gregg Jaclin
+
+Barred as SEC lawyer - TERI BUHL
+
+Your Voice. High Times Admits SEC Filing is Wrong: Stormy Simon
+
+off the Board - L.A. Cannabis News on Text messages show Cannabis investors Defrancesco & Serruya allegedly Colluded with Clarus Securities' Christodoulis in Multiple Stocks; High Times Admits SEC Filing is Wrong: Stormy Simon off the Board -
+
+www.teribuhl.com
+
+Where the SEC said multi billionaire Frost risked ALL to make a few million. NO, Frost,Alpha (also in my attached TCR), Stetson, Honig were LAUNDERING. Frost bought Ladenburg from Milken flunkie Icahn AFTER Icahn rolled
+
+Millenium Bio/Inergetics
+
+linked to Trump Cleveland fundraiser and healthcare fraud felon: Brian Colleran In typical SEC "cover up", revoked the Millenium/Inergetics registration in 2019.
+
+https://www.sec.gov/cgi-bin/browse-edgar?
+
+action=getcompany&CIK=0000072170&owner=exclude&count=40&hidefilings=0
+
+Finally,
+
+SEVEN F'n Years AFTER FINRA barred (not exactly) Keener/JMJ and my Berger TCR filed with your office Janey,
+
+The SEC is going after Keener/JMJ related to my information AGAIN
+
+17.5 BILLION shares of money laundering penny stocks.
+
+https://www.sec.gov/litigation/litreleases/2020/Ir24779.htm
+
+Justin W. Keener d/b/a JMJ Financial (Release No. LR-24779; Mar. 24, 2020)
+
+SEC Charges Unregistered Penny Stock Dealer Litigation Release No. 24779 / March 24, 2020 Securities and Exchange Commission v. Justin W. Keener d/b/a JMJ Financial, No. 20-cv-21254 (S.D. Fla. March 24, 2020)
+
+vo.yw sec gov
+
+WHO was/were executing BD's/MM's in these billions of shares of worthless Keener/JMJ money laundering
+
+shells????
+
+What are odds that bogus note/worthless certs/assignments Sason/Magna would be involved with bogus notes/worthless certs/assignments Keener/JMJ in money laundering shells like IMDS and CGFIA etc) AND CGFIA was detailed by me to the SEC/FINRA AND CGFIA was 1 of the shells in the FINRA Opco AML complaint
+
+AND where NITE and UBSS traded billions of shares of CGFIA AND where NITE and UBSS traded billions of shares of IMDS also
+
+Now, what are the odds of all of that?
+
+All you have to do is read my attached TCR Janey.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Tuesday, June 23, 2020 4:11 PM
+
+Mirror trade activity peaked in 1H2014 not 2H2014 and this coincides with OTCM astronomical share volume data in 1Q2014 and 2Q2014 that were expunged from KCG 10Q SEC filings. Not 2Q2014 and 3Q2014 SEC
+
+reviewed 10Q's as I previously stated
+
+corrected below
+
+Chris
+
+From: Chris Dilorio •c: >
+
+Sent: Tuesday, June 23, 2020 9:48 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Ms Norberg,
+
+I am in receipt of the SEC OWB correspondence allowing me more time to respond to the preliminary denial of my award application for the Oppenheimer 2015 covered action. This e mail was the last 1 I sent to your office
+
+related to my appeal. It will serve as the basis of my appeal. Including the attachments of my 2013 TCR submitted with Berger Montague to the SEC. I will also forward correspondence from 2012 and following detailing my extensive correspondence with Robin Traxler at FINRA as well as Sean McKessy in the OWB. Even though, I have previously forwarded your office as well as the SEC IG office the exact same corroborating
+
+evidence. My response to you will be lengthy and detailed. However, given that it took your office FIVE YEARS to
+
+send me a preliminary denial notice, that is understandable and in fact a result of YOUR lengthy delay in
+
+notifying me. ALL of my response pertains to the denial appeal at hand.
+
+In 2011, I filed my first Whistleblower complaint with the SEC. Detailing a massive fraud on the public directly implicating dozens of entities. The center of my claims: Knight/KCG/VIRT: collectively NITE and the Swiss banking giant UBS:UBSS. By far, NITE was and still is today the largest MM/executing BD in the OTCM space. I was shocked to find the Swiss banking Giant UBSS was trading many of the same stocks as NITE and to the extent they were. This came on the heels of the FINRA UBSS Reg SHO complaint where the extent of the UBSS activity "threatened to undermine the integrity of our markets" while the SEC analysis of this activity was simply a case of "sloppy record keeping". My experience as an Institutional Sales trader: executing multi million share equity trades for the largest institutions in the world like Fidelity and Putnam. In addition, as a Research Sales person: analyzing financial statements and making investment recommendations formed the basis of my
+
+expertise. In fact, the SEC OWB has paid out awards for information just like mine. In August of 2011, I informed the SEC that NITE was insolvent having reported just \$105 mil in working capital at June 30, 2011. AND, for the
+
+clearing/reverse splits/cusip changes etc. The SEC had a choice: investigate these extremely serious allegations and shut down this massive fraud on the public OR cover up their failure and allow this massive fraud on the public to continue. Unfortunately for the American public the SEC is mandated to protect, the SEC chose the latter. As a direct result, ALL of the activity detailed by me in this TCR and other TCR's filed with the SEC as well as 9 years of additional correspondence with the SEC, this is very much an ongoing, massive scheme. One that the SEC actively facilitates. Countless losses have been incurred as a result. NITE as I detailed is in a constant state of insolvency. The SEC has time and again intentionally misled the investing public that there is no abusive
+
+naked shorting. NITE is still in business TODAY.
+
+The core business at NITE is and always has been: abusive naked shorting OTCM shells to facilitate money laundering. Not DMM, FCM, reverse mortgages, or even HFT. This illegal business is EXTREMELY profitable and virtually riskless. AND, both the SEC and FINRA know this. In 2016, FINRA brought a Rule 204 complaint against NITE. The fine was pathetic and not meant to be a deterrent. This is WHY the OTCM exists. But it's not JUST OTCM as my AQR TCR filed with the SEC clearly proves: NASDAQ Blank check shells as well. I have also filed
+
+separate TCR's related to NewLead and FreeSeas: 2 massive money laundering shells which began on NASDAQ,de listed to the OTCM. NONE of the activity detailed in the Opco/Gibraltar complaint takes place without a willing executing BD/MM who ultimately turns worthless certs into real money. That #1 trader is NITE. As you read in my Knight TCR CGFIA is at the heart and, because it was based in Colorado, became a
+
+template of sorts for my extensive research. See Ms Norberg, unlike the SEC "investigators" on the
+
+Opco/Gibraltar complaint, I've actually seen first hand the CGFIA "world HQ" as well as the rented Littleton
+
+home of CGFIA CEO Guyer. I've done extensive research on Properties claimed to be owned and M&A
+
+transactions done for the sole purpose of cert printing and distribution (Aurelio AMNP) where the ultimate acquisition amounted to a distributor of Ukrainian folk music. I've also done extensive research on domestic and foreign financial institutions claiming to "invest" in these scam companies like Josh Sason/Hanover/Magna also cited in my 2013 Berger/Knight TCR linked. So, as I detailed to Ms Traxler, I followed Guyer to Neuchatel Switzerland and his previous endeavor: Antelope Technologies also with an office in Highlands Ranch CO.
+
+Where I discovered a connection to Swiss/German individuals/entities that were also related to another OTCM shell in the OpCo/Gibraltar complaint as well as my Knight TCR: AppTech. Offices in the Woodlands TX and Boca Raton. AND very much up and running today. SHOCKING. The SEC OpCo/Gibraltar complaint is based on the FINRA complaint. That is absolutely irrefutable. As the Gibraltar complaint alleges just 1 OTCM shell and just a million shares while Commissioners Stein and Aguilar referenced BILLIONS of shares in their OpCo waiver dissent. Who executed those BILLIONS of shares? Was OpCo even a MM? If I ask a question it's typically a rhetorical: I know the answer. The SEC knows the answer also. The SEC OpCo complaint does not mention the executing BD/MM. The SEC complaint doesn't mention Sason/Hanover/Magna either. The SEC complaint makes no mention of illegal naked shorting which is clearly evident in the CGFIA 10Q referenced below. THIS IS MY INFORMATION. So, why aren't NITE, Hanover/Magna and UBSS implicated in the SEC OpCo/Gibraltar complaint? What my TCR clearly and irrefutably proves: NITE was engaged in illegal activity both BEFORE and AFTER the
+
+SEC et al orchestrated August 1 2012 "trading glitch". So, the SEC bailed out a KNOWN criminal entity.
+
+Unfortunately for the investing public, the SEC has doubled downed on facilitating this illegal activity into 2020. The "glitch". Knight was insolvent in August 2011. I told the SEC this. The "glitch" proved my allegations. Key point in my TCR: NITE inadvertently sent 4000 worthless securities to JPM to secure an emergency bridge financing as collateral. These were open, naked short fails that could not be covered/closed due to a cusip change (SEC/FINRA approved rev split) booked as an "asset"(receivable) due to self clearing: MASSIVE
+
+accounting fraud. Ironically, the "glitch" proved my allegations: despite claiming to have a "highly liquid balance sheet" NITE had to raise the entire amount of the "glitch". AND the ultimate "financing" was not collateral based. Rather a 50% discounted convert when the stock had already been crushed to \$3 OR \$1.50. ALL of the financing participants knew the NITE balance sheet was complete fraud. NITE also committed securities fraud in
+
+Further, I submitted my amended TCR with Berger in March 2013, In August of 2013, FINRA brought a penny stock AML complaint against OpCo. Sale of unregistered penny stocks. WHO ultimately executed the trades? 2008-2010. In July 2013, the "glitch" financing Gen Atlantic/Getco reverse merger with Knight to form KCG closed. The new CEO of KCG was Dan Coleman who ran Equities at UBSS during their Reg Sho and cross border
+
+activity. For UBSS, the DOJ (Acosta Downing et al) dropped their DPA in 2010. My claims: the FINRA
+
+OpCo/Gibraltar complaint clearly implicates UBSS criminal activity AFTER the DoJ dropped its UBSS x border DPA. This is what the SEC is protecting in the OpCo/Gibraltar complaint: NITE/UBSS/Hanover/Magna illegal
+
+activity.
+
+Also in my Knight/Berger 2013 TCR: IMDS. A multi year money laundering shell kept up and running by the SEC.
+
+Also NITE,UBSS, and Hanover Magna. In addition to other entities like JMJ, Southridge, and Alpha Capital Anstalt. Alpha Capital Anstalt is very much in business today as a result of SEC obstruction while the SEC recently brought a complaint against JMJ for activity like that in IMDS even AFTER he was barred by FINRA. In IMDS, the SEC allowed 2 barred individuals (CEO/CFO) to do an offering that created 37 BILLION shares of IMDS at .0001 with Chinese Nationals before revoking the IMDS registration. What do you do with 37 billion shares of IMDS at .0001 when there are no bids below that? NOTHING. The stock never traded. The SEC orchestrated a NITE/UBSS/Hanover/Magna/JMJ/Alpha etc MASSIVE naked shorting to facilitate money laundering scheme bailout so that the MASSIVE naked short position didn't need to be covered in the open market as is mandated
+
+by Rule 204. Thus insuring profits and not MASSIVE losses for NITE and UBSS.
+
+I also filed separate TCR's for NewLead and FreeSeas. 2 "Greek shipping" money laundering shells started on NASDAQ and delisted to OTCM. NITE top trader in BOTH. Hanover/Magna in both. I contacted the KY Div of Mines and notified the SEC that these "transactions" were complete fraud. The SEC Feb 2019 complaint against Hanover/Magna is my information: Bogus obligations, assigned, converted to worthless certs. Then dumped on the public and converted to REAL money by the executing BD/MM:NITE. Who generates illegal trading profits by abusive naked shorting. Very symbiotic relationship. 1 of the Hanover/Magna entities was Gibraltar/Hanover. Somehow omitted from the SEC OpCo/Gibraltar complaint. In NewLead, then SEC White and Ceresney firm Debevoise did a "fairness opinion" of a Russian Nickel wire transaction where the NewLead CEO had back dated
+
+documents. That has been expunged from SEC reviewed filings. FreeSeas: a structured tax evasion/money laundering shell. Also involved Credit Suisse and Deutsche Bank. Both Debevoise clients. Both involved in the tens of billions Russian Mirror trade scheme. In addition to Hanover/Magna a Milken related entity Crede: Run by Milken/Drexel/Obstruction of justice/Parking: Terren Peizer and his felon partner Michael Wachs. This led me to Net Element NETE. Peizer again. This time with more AML red flags than be counted. Well known to the SEC through TWO of my separate TCR's. CEO is Oleg Firer. Firer former money laundering shell Acies shut down by the SEC while NETE was left up and running. Acies very much up and running also in MA. In NETE: NASDAQ. AQR Blank check shell. SEC allowed 2 offerings so that NETE could keep its NASDAQ listing. 1 was with entity Esousa: felon Wachs ex wife. 2nd was with Cobblestone: felon Wachs sister. I told the SEC. They still approved
+
+the offerings. I discovered AQR money laundering blank check shell activity doing research on NITE and
+
+Hanover/Magna. A top traded NITE OTCM shell was Cereplast. Another AQR blank check shell.
+
+Hanover/Magna/NITE/ and Alpha Capital Anstalt. Alpha is Liechtenstein based and controlled by Martin Schlaff: Austria/Israel. AlsolMDS (w/Schlaff controlled Balmore) and the Frost/Honing/Stetson et al complaint. Schlaff also LH Financial/Wolfson/Sulphco and Bawag: Sedona/Scan Graphics: Refco: Naked shorting. NITE is Refco on
+
+steroids. Cereplast ended in bankruptcy.
+
+NETE claims to be a "payment processor". BILLIONS in transactions processed. Never break even let alone profitable. Balance sheet complete fraud. AML red Flags: Firer is Grenada Amb to Russia living in Miami,
+
+Apockinas/Grinshpun/Antonov/Rakishev/Trump/Kushner/SBNY/CardWorks/Merrick Bank/ESQ/Cohen etc etc etc money laundering/transaction laundering BILLIONS shell. Kept up and running for years since filing my NETE/AQR SEC TCR's. ALL of my allegations proved accurate in 2020 when NETE received Cares Act taxpayer money then announcing it was "unlocking the value in its misunderstood payment processing business" by doing a reverse merger with a CA electric car company started by a former musician. The payment processing business to be "sold" and the new company (Mullen) will own 80-90%. All made possible by SEC obstruction
+
+and ACTIVELY facilitating illegal activity. Another AQR blank check shell is Astra/Phunware. More Greek shippers related to massive swindler Economou originally intended to do an "energy logistics company" acquisition and somehow settled on "mobile app developer" Austin DC Phunware. PHUN CEO is well known to the SEC with shells going back 15 years. I alerted the DoJ and SEC that PHUN was a money laundering shell. In addition to the "genius quant" AQR, AIPAC: Gerber/Hudson Bay, Nordlicht: Ari Glass/Boothbay, 1MDB: Khazanah Nasional, Global Crown/Rani Jarkas/EFG/BSI/Optima/Max Fang. AG Barr 1MDB waivers: Kirkland also AQR. Broidy:
+
+Trump: 1MDB money laundering. PHUN also received Cares Act money. AND PHUN is Trump/Kushner/Parscale campaign mobile App. PHUN should have also been shut down long ago. AQR too. OTHER AQR blank check shells: CIS/Delta/Urban Tea, Ability/Cambridge, Hunter Maritime, and MI Acquisition/Priority Tech Holdings.
+
+Ability/Cambridge: Israeli cellular intercept/surveillance. Israel sent employees to jail. In the US it was
+
+"securities fraud". The SEC Ability/Cambridge complaint was handled by Ansu Banerjee in the SECLA office. Milken/Mogilevich/BoNY money laundering entity Sinex: Debasish Banerjee. WHY did SECLA have jurisdiction
+
+over ABILF/Cambridge? Result: ABILF is very much up and running today. I believe this is the
+
+PHUN/Trump/Kushner/Parscale mobile app technology.
+
+Hunter Maritime:HUNTF: Never consummated an acquisition. Just cert printing/dumping. Also involved: Milken
+
+family office: Silver Rock. MI/Priority:PRTH. CEO Tom Priore: well known fraudster to the SEC. Also
+
+transaction/money laundering like NETE. Also involved: Hanover/Magna.
+
+ALL AQR money laundering shells up and running today thanks to the SEC. Only recently did the SEC revoke CGFIA and NewLead. well after going dark and the massive fraud on the public had already been perpetrated. In NewLead, FreeSeas, etc etc etc a common tool used is reverse splits to perpetuate and facilitate illegal activity. SEC/FINRA approved. The result is the massive accounting fraud at NITE. WHEN not IF there is an open naked short fail when a rev split takes place, a new CUSIP/security is issued. Trades in the old cusip/security cease. This creates a structural liability. The fail/short can NOT be closed. Like covering a short in AAPL with MSFT. Because NITE is self clearing it books a prop naked short as a receivable. An asset. But, because NITE won't or CAN'T deliver, massive accounting fraud. Literally a liability booked as an asset. This is how "glitches" are born.
+
+But the SEC facilitated fraud doesn't end there. The definition of a failed trade: 1 that hasn't settled. The SEC/DTCC issue new securities where trades in the old haven't settled yet AND not authorized by the issuer. Settlement: buyer brings cash/seller brings securities. The DTCC simply makes journal entries. But there are still "IOU's" in the system. The SEC authorized the DTCC to create a shadow clear,non guaranteed, ILLEGAL (clearly contrary to 34' Act "prompt and accurate settlement) Obligation Warehouse so criminals like NITE et al can circumvent close out REQUIREMENS of Rule 204. The OW is just what it sounds like. Per my Knight TCR, DTCC suspends services (Chill/Lock) and trades are deemed "ex clearing". In a FOIA request made with POGO,Berger and I asked the SEC fails data on dozens of NITE/UBSS top traded stocks like CGFIA,APCX and MIDS. The SEC response: see our website. The SEC fails data is for DTCC cleared trades only. The SEC knows exactly the level of fails sitting in the OW. They don't disclose. Intentionally misleading the public there is no naked shorting. In 1Q2020, the receivable at NITE/VIRT increased \$1.2 BILLION sequentially. Up almost 90%. AND the tangible book value is grossly insolvent. When it comes down to it, there really isn't ANYTHING in the receivable that NITE can convert into cash for its own use. There are prior commitments on those "assets": SETTLEMENT of transactions. Because the SEC has never shut down this activity, NITE is in a constant state of insolvency.
+
+Other examples of SEC attempts to cover up NITE illegal activity so that it can continue include:
+
+Cerberus/Feinberg/VIRT bidding on NITE post "glitch". Wasn't their turn. First, Gen Atlantic needed to monetize its GETCO "investment". The HFT business at GETCO was in a death spiral when the rev merger took place. So what was the attraction to NITE? The business that had absolutely ZERO overlap/synergies: OTCM. As low tech as it gets. Literally a trader sitting in a chair. As I have asked the SEC on hundreds of occasions over the years: what would happen to NITE trading profits if their OTCM share volumes went to ZERO? Cerberus is Feinberg: Gruntal/Milken. Also bailed out Bawag:Refco, HSH, and Deutsche Bank (\$50 bil Bad Bank to Goldman). Another
+
+risked it all trying to "make" a few million when he, Honig, Stetson, Alpha et al were really LAUNDERING. Milken also Whiterock ,D H Blair (Morty Davis) and AR Baron (Bressman/D H Blair) which was the precursor to Bear Stearns collapse . So, Milken and his merry crew of flunkies are really at the nexus of JUNK. They own Trump and his White House (Trump casino junk) and they own the SEC. It was Milken, Leon Black, Handler, Moelis, Virtue: Drexel that caused the S&L taxpayer bailout stuffing them with junk like Trump's. It is no coincidence that these same flunkies are also the largest CLO originators/managers. CLO's: Junk on steroids. AGAIN Bailed
+
+out by taxpayers in Cares Act HY. There also connections to Epstein. Treasury Sec Mnuchin and Black:
+
+HY/Junk/S&L's and Epstein. Black: Money laundering shell ESWW kept up and running by the SEC was/is an
+
+Epstein money laundering vehicle: JUNK IS JUNK.
+
+THIS EXPLAINS the Handler/Jefferies/Milken repeated bailouts of NITE. It also explains the SEC criminal
+
+obstruction.
+
+SEC Chair Clayton is also directly linked to this criminal obstruction. His firm Sullivan Cromwell and Jared
+
+Fishman are ACTIVELY facilitating this massive fraud on the public. Clayton did not disclose these conflicts in his disclosures. Sull Crom/Fishman have advised Knight/KCG/VIRT and several transactions designed to facilitate this ongoing and ongoing fraud on the public. Many of the same players involved in the "glitch" were involved in
+
+the VIRT acquisition of KCG in July 2017. In addition to Sull Crom/Fishman and Handler/Jefferies: JPM and Goldman. The SEC facilitated fraud in the NITE/VIRT transaction is egregious illegal activity. The transaction NEVER should have happened. KCG was an SEC reporting company until the deal closed on July 31 2017.
+
+Despite this FACT, VIRT CEO Cifo refused to "publish" KCG 2Q2017 financials. I estimate
+
+Cifu/Coleman/Handler/GS/JPM wrote down more than \$4 billion in open naked short fails: "leverage". The SEC let him. Meaning: "assets" used to determine the take out/ tangible book of KCG was complete fraud. VIRT
+
+grossly OVER paid for insolvent KCG.
+
+Prior to the NITE/VIRT transaction closing in July 2017, NITE would report its trading stats monthly. Including OTCM share volumes. Cifu stopped this post merger. The SEC let him. In fact, you will find NO reference to NITE/VIRT OTCM share volumes in any SEC reviewed filing, sell side research or investor presentation. A well orchestrated fraud on the public. Omissions to Intentionally mislead the public as to the true representation of the NITE/VIRT business model. These share volumes are also at the center of my 2013 Berger TCR. There are no affirmative disclosures in any SEC filings to this day as to the AML risks posed in trading these OTCM and other shells. In a 2014 letter to the SEC, I detailed the first 2 months of NITE OTCM share volumes. When the 1Q2014 10O was filed, these volumes were confirmed: An ASTRONOMICAL increase sequentially as well as year over year. These share volumes/my letter/TCR SHOULD have triggered an immediate SEC investigation. It did not. This portion of the KCG 1Q2014 10O was expunged as well as 2Q2014 OTCM share volumes. I have detailed this to the SEC/OWB/Enforcement/IG. In the months leading up to the NITE/VIRT closing in July 2017, KCG put out monthly trade stat pr's showing KCG trading more volume than the overall market. Also indicative of naked shorting. Those pr's were also expunged. I also including electronic forms to the SEC OWB/Enforcement/IG. The SEC has essentially outsourced the ENTIRE OTCM market to the Broker Dealer SRO FINRA. Including: management of the OTCM share volume website fka OtcBB.com. Today, there is very little transparency into trading activity by MM as a result. Also: ISSUER corporate actions: rev splits, Short interest reporting: an
+
+absolute farce given there is still no CAT. AND BD compliance with the BSA. Per my TCR: WHY did NITE and UBSS trade Billions of shares of CGFIA and IMDS AFTER a Chill or Lock was placed (ex clear/OW)? CLEAR AML red flags. Because they had an open naked short position. Why not pull a market? Because they had an open naked short position. SAR's? WHEN? BEFORE OR AFTER THEY TRADED BILLIONS OF SHARES? There were no SAR's either. NITE can not outsource its compliance responsibilities to 3rd parties (like OpCo) when executing trades as MM. In 2015 at a SIFMA conference, Ceresney was "shocked" by the number of BD's under his supervision filing 1 or ZERO SAR's. NITE SHOULD have been investigated for egregious BSA violations long ago based on my
+
+TCR. Knight/KCG/VIRT:NITE is and always has been a criminal enterprise. Spitzer Russian/US mob bust:
+
+"worthless paper". Ashton Tech became VIE became Optimark became Knight/Trimark NITE literally "made by the mob". The SEC has known this for years. ALL of the "worthless paper" shells were SEC reporting companies.
+
+money laundering shell: Canadian/Pakastani/pot/COVID: FSD Parma: HUGE. Trump advisers/campaign staff Bannon and Parscale also involved in OTCM money laundering shells.Parscale Cloudcommerce fka Roaming
+
+Messenger also receiving taxpayer Cares Act money.
+
+Madoff: more money laundering than Ponzi. HOW THE HELL did the SEC let that scam go on for as long as it did? Criminal obstruction. The former SEC IG Kotz actually investigated his "bosses" at the SEC unlike current IG Hoecker. Years of SEC obstruction. Bullshit "investigations" into "running ahead" meant to distract. Similar to the SEC "glitch" "market access complaint" where former SEC "glitch" Enforcement Dir Khuzami/Kirkland(Barr) also rep'd NITE. Can't make this up. The center of IG Kotz scathing failure of the SEC in Madoff: SEC NY and Mr John McCarthy who ended up being Knight/KCG Chief Counsel. As I said: can't make this up. And, as we know
+
+Madoff started his career in NASDAQ penny stocks exactly like the l's in the Spitzer/Mob complaint. OTCM: This is WHY the OTCM exists: abusive naked shorting publicly traded shells to facilitate money
+
+laundering. CEO Cromwell Coulson CHAIRED the FINRA market Regulation Cmte. Say it with me: Can't make this shit up: CMTSU. A founding OTCM Board member is former NITE trader Andrew Wimpfheimer:CMTSU. This is a very well orchestrated and ongoing fraud on the public. Russian mirror trades: no SEC OR DOJ investigation HOW? According to stories: activity peaked in 1H2014. Coinciding with NITE astronomical OTCM 1O2014 share volume increase. In additional to money laundering penny stock shells, the OTCM is also home to many ADR's. Including Russian ADR's cited in the NYDFS/DBTCA/mirror trade complaint. Little/no disclosures. Also in my TCR: P&D is just a tool used to facilitate the fraud and NOT a stand alone fraud. The SEC intentionally stops short of thorough investigations into much bigger frauds. The same way it has the public believe the "penny stock trading fairies" convert worthless certs to real money. NO! willing executing BD's and MM's like NITE do that. Less than a year after filing my Knight TCR with Berger, FINRA (not the SEC) brought the BBH AML complaint. This was my information. Swiss banks, foreign/domestic institutions, executing BD's/MM's/ penny stock shells: \$850 mil in proceeds. Did BBH implicate NITE and other entities in my claims? WHY are all of the entities in the complaint UN NAMED? In the interest of transparency for the investing public? In 2019, I also filed an award application for the UBS x border/AML complaint. This is BLATANTLY my information. SEC/FINRA/ AND the SEC. I filed an IRS TCR based on my SEC TCR attached. In April 2016, 2 IRS CI Agents: VIKAS Arora and Nathan Sarnacki flew to Denver from Chicago to meet with me. I believe they were blown away. Then came the UBS complaint. As a follow up to our meeting, they wanted to know WHO at the SEC I shared my information with. I told them.
+
+That was the last I heard from them although I continued to send them my information.
+
+To the SEC IG Carl Hoecker: In 2015 I parted ways with Berger as I was convinced the SEC was using my
+
+information in an unethical/illegal manner to both bring and obstruct complaints. Berger was not willing to file an IG complaint. After parting ways, I almost immediately did just that. Prior to retaining Berger I had filed an
+
+award application for the UBS Reg Sho complaint. In my submission and my correspondence with
+
+Mckessy/OWB I made the claim based on OWB permissible rules to "open a new line of inquiry". One that would link the trading activity detailed in my ultimate TCR by NITE and UBSS. That link: Abusive naked shorting publicly traded shells and money laundering. My application was denied and there was no investigation into
+
+this link. The SEC had just bailed out a "known criminal enterprise":NITE "glitch" was not a forthcoming admission. Neither was the blatantly and knowingly false pretext for the DOJ dropping its UBSS x border DPA because "UBSS was in full compliance" in 2010. So, rather than open a new line of inquiry, the SEC chose to
+
+obstruct.
+
+I made clear to Hoecker the egregious conflicts by Khuzami,White and Ceresney with clients UBS,JPM,CS, and DB. Hoecker claims to have conducted a "thorough" investigation of my very serious allegations and found nothing. Despite MJW waivers received to "investigate" her Swiss bank client CS. Then in 2019, Hoecker arrogantly told me I could file a FOIA request on his findings. Then, came 2019 and absolutely nothing had changed. NITE was still trading billions of shares of OTCM shells like ELTZ. There were still no risk disclosures. Cifu refused to publish KCG 2O2017 financials, Hanover/Magna/AQR/Alpha/IMDS etc etc etc were still up and running . I filed ANOTHER complaint with IG Hoecker. Despite the fact that Hoecker himself wroth the IG handbook on "thorough investigations" mandating complainant interviews, I have never been interviewed by Hoecker. In addition, the IG Hoecker is mandated to inform Congress as to serious allegations like mine. He did
+
+not. In doing so, obstructed Congress from executing its oversight of the SEC/OWB. And despite hundreds of offers to fly to SEC HQ to have the best and brightest at the SEC rip apart my allegations 1 by 1 I have never been taken up on my offer. Why is that? The SEC OWB has gone to great lengths in other cases to explain the OWB process etc to whistleblowers. I have never been told "no thanks" for my information. In fact, McKessy has
+
+solicited MORE information from me after submitting my Berger TCR. In Madoff, an intern could have verified/shut down in weeks NOT years. No contra parties. Only a well orchestrated obstruction by
+
+SECNY/McCarthy et al kept it up and running. As I have also repeatedly told the SEC: My claims could be verified
+
+in weeks also. NITE has a P&L for every stock they trade. These, aggregated, are basis for quarterly trading
+
+profits. These P&L's, combined with OW data, and balance sheet data will validate ALL of my claims. I've offered my service to do exactly that. 2 weeks max. Afterall, proprietary trading strategies are NOT proprietary if they're illegal. For the reasons I have listed in this summary, NITE/VIRT is on the SEC "do not investigate list". And yes, there most definitely is such a thing. Especially when it comes to illegal activity facilitated by the SEC. So, the SEC denial of my OpCo award claim which was 5 years in the making is just another example of my very serious
+
+allegations: The SEC solicits and uses whistleblower information like mine to both bring and obstruct complaints. Unethical. Illegal. To deny my award application because the "investigators" didn't see my
+
+information is further affirmation of my allegations. They saw it. They used it. They denied my compensation for
+
+it. Again Ms Norberg, I will forward my 2012 etc emails with Robin Traxler at FINRA as well as McKessy as
+
+further evidence that my Award application denial should be overturned. Further affirmation from 2 dissenting SEC Commissioners and the judge in the Gibraltar case makes this denial both egregious and bizarre. Bizarre ONLY if you believe that there is no SEC obstruction that is. BTW, crazy stuff going on with the firing of Mr Berman/Clayton nomination to take his place/Rabbitt to DoJ/Carpenito replacing eTrump/Barr
+
+don't you think? The SEC needs some fixers. Wonder why.
+
+I'm cc'ing some our mutual friends on this email Jane. The last overt act of this massive ongoing, SEC facilitated
+
+conspiracy has not occurred yet.
+
+Cheers!
+
+Christopher J Dilorio
+
+Wistleblower
+
+From: Chris Dilorio ,c; > Sent: Wednesday, June 10, 2020 2:30 PM
+
+To:
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Mr Roach,
+
+The SEC is irrefutably using my information in unethical and illegal manner. My information is being used to BOTH Bring complaints AND obstruct/protect investigations into entities detailed in my various TCR's. Denying
+
+me rightful compensation. This is the latest example
+
+Chris
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+As straightforward as it gets:
+
+The SEC OWB dragged its feet for 5 years in issuing its preliminary denial notice.
+
+The SEC knows this is my information. The SEC committed fraud on the court in Gibraltar. The judge corrected them. The SEC was omitting information that implicated NITE, UBSS and customers like Sason/Hanover/Magna. The SEC was obstructing a thorough investigation of my claims. The naked shorting cited in the CGFIA 10O in 2013 PROVES my allegations. The SEC's "targeted investigation" stops short of a full accounting. The SEC
+
+Gibraltar complaint does NOT explain the totality of the Oppenheimer complaint. The SEC Gibralter complaint cites 1 OTCM shell and less than 1 million shares traded by Opco. 2 dissenting Opco waiver SEC Commissioners proved that also citing "BILLIONS" of shares in their dissent. The SEC/Opco AML complaint was based on the FINRA complaint and my information. The SEC OWB concocted a completely fabricated reason for denying my Award: "The SEC investigators involved never saw claimants information". The responsibility to distribute
+
+Whistleblower information within the SEC is the exclusive and explicit responsibility of the OWB. As a result, the
+
+massive fraud taking place continued well into 2020. The 1Q2020 10O proves this.
+
+The SEC IG Hoecker is guilty of violating specific IG requirements in keeping Congress informed of serious matters like mine. The SEC IG Hoecker has never interviewed me despite my filing 2 separate complaints with his office. The SEC IG Hoecker is guilty of criminal obstruction. SEC Chair Clayton and Co Enforcement Peikin worked at Sullivan Cromwell with Jared Fishman. Fishman has played a key role in the SEC facilitated criminal obstruction. Peikin and Clayton should have recused themselves from ANY pending NITE/VIRT matter before the SEC: My information. Clayton and Peikin should have recused themselves from the SEC facilitated KCG/VIRT
+
+merger. My information, including the Opco AML complaint SHOULD have stopped the merger from ever happening. 2 former SEC Commissioners agree with that analysis. The SEC is actively facilitating a massive ,ongoing fraud on the American people they are mandated to protect. NITE/VIRT is a criminal entity. The SEC
+
+MUST invoke emergency powers and halt trading in VIRT IMMEDIATELY.
+
+In short Mr Arp, the criminal activity actively perpetrated by the SEC OWB/IG must be referred to law enforcement as well as Congress. Separate but related: SEC facilitated criminal activity and my claims. The criminality is a matter for law enforcement. My pending matters with the SEC have no bearing on a criminal
+
+investigation OR a GAO investigation. You are incorrect in your analysis.
+
+I Urge the IG Integrity Board to have SEC IG Hoecker refute my claims point by point.
+
+I will be on a plane tomorrow so he can do it in person.
+
+Cheers!
+
+Christopher J Dilorio
+
+Whistleblower
+
+From: Chris Dilorio ‹ >
+
+Sent: Tuesday, May 12, 2020 8:54 AM
+
+Almost immediately I filed a formal appeal to the SEC OWB fabricated denial of my award application. In this appeal I show irrefutable proof of my allegations: The SEC OWB used/ is using my information to both bring complaints AND obstruct complaints while denying me compensation. In short: My information exposes an ongoing, massive in scope, SEC facilitated fraud on the American people. Rather than shut it down, the SEC has
+
+chosen to cover up so that the illegal activity can continue. It does in 2020
+
+Chris
+
+From: Chris Dilorio
+
+Sent: Monday, May 11, 2020 7:16 PM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+From: Chris Dilorio
+
+Sent: Wednesday, April 29, 2020 8:03 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+The SMOKING GUN in my allegations:
+
+Naked shorting in CGFIA (My TCR/FINRA complaint) by "un named third party BD" in 2013. Well known to the SEC. This is why there was no investigation into the ENTIRETY of the FINRA trading activity. The SEC issued
+
+waivers to Opco within days of its AML complaint. WHO was the SEC protecting? WHO were the customers and
+
+executing BD's/MM's in the Opco complaint? ALSO well known to the SEC:
+
+MY INFORMATION. 5 years to get a preliminary denial: statute of limitations. BUT the last overt act of this
+
+ongoing conspiracy has not yet occurred.
+
+Chris
+
+From: Chris Dilorio
+
+Sent: Wednesday, April 29, 2020 7:56 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Still more evidence of a well orchestrated scheme to cover up and obstruct a FULL SEC investigation into
+
+Opco/Gibraltar/NITE/UBSS trading activity in billions of shares of OTCM money laundering shells. The SEC used
+
+my information to bring AND obstruct complaints.
+
+Dissenting Statement In the Matter of Oppenheimer & Co., Inc., by Commissioner Luis A. Aguilar and
+
+Commissioner Kara M. Stein, February 4, 2015
+
+'ArIA,W.SeC.C7C3V
+
+In fact, the SEC waivers came within days of their complaint. Here, these 2 Commissioners cite Oppenheimer
+
+trading "BILLIONS of shares of penny stocks". Clearly, they were not JUST referencing the SEC Gibraltar
+
+complaint. WHO was the SEC protecting with its complaint then waivers?
+
+The smoking gun which I have provided to the SEC on several e mails:
+
+Which came in an SEC reviewed CGFIA 10O
+
+https://www.sec.gov/Archives/edgar/data/1344394/000135448814000425/cgfi 10q.htm
+
+cgfi\_10q.htm - SEC
+
+Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements
+
+for the past 90 days.
+
+vAvw.sec.o,ov
+
+pg 27
+
+"Our stock is subject to a "Global Lock" imposed by the Depository Trust and Clearing Corporation (DTCC)" "On September 24, 2013, we were notified that the DTCC would be placing a 'Global Lock" on the Company's Class A stock as a result of actions by a third-party broker dealer. On November 11 2013, DTCC imposed the "Global Lock". Since less than 0.02% of the Company's Class A common stock shares were held within DTCC, Management chose to not undertake the expense of challenging the Global Lock. Nevertheless, shares that are
+
+held in street name (CEDE & CO), will not be able to be withdrawn from DTCC without further action."
+
+Of Course, I have hard copies if you prefer.
+
+ex clearing: The illegal SEC/DTCC Obligation Warehouse.
+
+This is CLEAR,IREEFUTABLE,INCONTROVETIBLE evidence of naked shorting by executing BD's in CGFIA. This
+
+activity took place per my Knight/UBSS TCR submitted to the SEC. So, WHY did the SEC obstruct an
+
+investigation into the ENTIRETY of the trading activity in the FINRA (and FINCEN) complaints? WHO were the
+
+executing BD's/MM's? WHO were the customers?
+
+The veracity of my information is also irrefutable and incontrovertible.
+
+Game. Set. Match. The SEC is a grossly corrupt, criminal enterprise facilitating illegal activity detailed by me so that this activity can continue. It does in 2020. The SEC solicits then uses Whistleblower information (MINE) to bring complaints AND obstruct other illegal activity while denying proper compensation to whistleblowers (ME). The SEC KNEW who the "third party BD" was in the CGFIA filing long before it filed its Opco complaint in 2015. It
+
+had my TCR in its possession in March 2013. So why did it take 5 years for the SEC to issue its preliminary denial? I would remind the SEC that this is very much an ONGOING conspiracy on the part of the SEC et al.
+
+From: Chris Dilorio
+
+Sent: Tuesday, April 28, 2020 7:24 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+Per my extensive SEC TCR's: Josh Sason/Emanuel/Abitebol/Hanover/Magna extensive overlap with NITE/VIRT
+
+(and AQR) money laundering shells.
+
+The SEC Sason/Magna/NewLead Feb 2019 complaint: also my information
+
+https://www.sec.gov/litigation/complaints/2019/comp24403.pdf
+
+Marc P Berger SECURITIES AND EXCHANGE COMMISSION Brookfield Place
+
+200 Vesey Street, Suite 400 New York, NY 10281-1022 SOUTHERN
+
+DISTRICT OF NEW YORK JOSHUA SASON, MARC MANUEL,
+
+3 5. In addition, Pallas acted as an underwriter for a primary offering of NewLead stock, which NewLead
+
+attempted to disguise as an asset sale transaction.
+
+www.sec.gov
+
+https://www.sec.gov/Archives/edgar/data/1322587/000114420413065095/v361773 scl3g.htm
+
+www.sec.gov
+
+(i) Sole power to vote or to direct the vote . The information required by Item 4(c)(i) is set forth in Row 5 of the cover page for each Reporting Person hereto and is incorporated by reference for each such Reporting
+
+Person.
+
+www.sec.gov
+
+MG Partners Ltd: Abitebol
+
+But not in the complaint: MAGNA GIBRALTAR INVESTMENTS LLC: also Abitebol
+
+As with Opco/GIBRALTAR, who is the SEC protecting?
+
+Cheers!
+
+Christopher Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Tuesday, April 28, 2020 6:43 AM
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+More evidence of SEC fraud on the court in Gibraltar.
+
+It is CLEAR that the Opco AML Covered Action 2015-016 was NOT ENTIRELY based on the SEC Gibraltar Action. The SEC Gibraltar action covered trading activity in just 1 OTCM Money laundering shell: Magnum d'Or where Opco traded less than 1 million shares. CLEARLY the SEC Opco complaint was based on the trading activity in the FINRA Opco AML complaint: my information. However, the SEC Opco complaint even stops short of a thorough investigation of the ENTIRETY of the FINRA trading activity. WHY? WHY didn't the SEC Opco/Gibraltar complaint
+
+go into trading activity in the FINRA AML OTCM shells through 2014 as FINCEN did? WHY did the SEC omit MATERIAL information to the court in Gibraltar causing a "significant under estimating" of criminal activity? The SEC knows who the accounts were. The SEC knows who the executing BD's/MM's were. The SEC committed
+
+a fraud on the court in Gibraltar.
+
+Gibraltar was ROLLING OUT NEW OTCM services into the end of 2011.
+
+https://www.pr.com/press-release/355246
+
+Gibraltar Global Securities Now Offering Offshore Brokerage Accounts -
+
+PR.com
+
+Nassau, Bahamas, The, September 22, 2011 --0-- Gibraltar Global Securities is now offering offshore
+
+brokerage accounts in addition to their broad array of financial services.Gibraltar Global ...
+
+www.pr.com
+
+https://www.pr.com/press-release/355247
+
+GGSI Bahamas is Now Offering Pink Sheet Clearance
+
+Offshore Broker Adds to Buying and Selling Services
+
+www.pr.com
+
+and Communication
+
+GGSI (Gibraltar Global Securities Inc.) has just announced the release of their latest security measures designed to protect their client's personal data, and to secure electronic communication.
+
+www.pr.com
+
+The SEC KNEW the Gibraltar/Opco trading activity went well beyond 2011 YET cut off its investigation at "well
+
+into 2010". Thus, KNOWINGLY omitting material information in Gibraltar: FRAUD ON THE COURT.
+
+Confirming my allegations of SEC criminal activity in handling my information. WHY? to protect NITE and UBSS.
+
+2 criminal entities bailed out by the SEC.
+
+Now, the SEC is using the completely fabricated reason for denying my award claim for covered action 2015-
+
+016: "The investigators never saw the claimants information".
+
+WHEN the explicit and exclusive responsibility to distribute whistleblower information within the SEC falls on
+
+the OWB itself.
+
+More criminal activity.
+
+Criminals bailing out criminals while denying Whistleblowers due process and compensation.
+
+Cheers!
+
+Christopher.' Dilorio
+
+Whistleblower
+
+From: Chris Dilorio
+
+Sent: Sunday, April 26, 2020 9:36 AM
+
+To:
+
+Subject: Fw: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+From: Chris Dilorio
+
+Sent: Friday, April 24, 2020 8:18 AM
+
+Subject: Formal appeal for preliminary denial covered action 2015-016/ Knight Capital TCR & Appendix
+
+I am in receipt of the SEC preliminary denial of my award claim for the Oppenheimer AML covered action 2015-
+
+016
+
+This is my formal appeal of the SEC preliminary determination. My award application was based on this very simple FACT:
+
+The SEC (and FINCEN) Oppenheimer AML actions were based on the FINRA Oppenheimer AML action
+
+which isFINRA a party, to the entry of findings and violations consistent with the allegations of the (asComplaint sanctions amended andby the Offer of Settlement), to the imposition of the set forth andbelow, understands fully that this Order will become part ofRespondent's permanent disciplinary
+
+andrecord may anybe considered in future actions brought by FINRA. BACKGROUND ...
+
+www.finra.org
+
+The SEC
+
+https://www.sec.gov/litigation/admin/2015/33-9711.pdf
+
+Before the SECURITIES AND EXCHANGE COMMISSION
+
+Before the . SECURITIES AND EXCHANGE COMMISSION . SECURITIES ACT OF 1933 . Release No. 9711 /
+
+January 27, 2015 . SECURITIES EXCHANGE ACT O F 1934 . Release No. 74141 / January 27, 2015 .
+
+ACCOUNTING AND AUDITING ENFORCEMENT . Release No. 3621 / January 27, 2015 . ADMINISTRATIVE
+
+PROCEEDING . File No. 3 -16361 . In the Matter of
+
+www.sec.gov
+
+FINCEN
+
+https://www.fincen.gov/news/news-releases/fincen-fines-oppenheimer-co-inc-20-million-continued-anti-
+
+money-laundering
+
+FinCEN Fines Oppenheimer & Co. Inc. \$20 Million for Continued Anti—
+
+Money Laundering Shortfalls I FinCEN.gov
+
+Washington, D.C. - The Financial Crimes Enforcement Network (FinCEN), working closely with the U.S. Securities and Exchange Commission (SEC), assessed a \$20 million civil money penalty today against Oppenheimer & Co., Inc., for willfully violating the Bank Secrecy Act (BSA). Oppenheimer, a securities
+
+broker-dealer in New York, admitted that it failed to establish and implement an adequate ...
+
+www.fincen.gov
+
+In the summer of 2012, I had extensive correspondence with Robin Traxler at FINRA where I also cc'd Sean
+
+McKessy then SEC OWB Chief. The CURRENT OWB Chief and the SEC IG are in possession of this
+
+correspondence. My correspondence dealt with 2 penny stock shells cited in my Knight Capital TCR submitted by Berger Montague in March 2013 attached here: Colorado Goldfields and AppTech. Both shells were NITE and
+
+UBSS top traded OTCM shells in 2010-2013. These 2 shells were cited by FINRA in their Oppenheimer AML complaint. Again, the SEC and FINCEN Oppenheimer AML complaints were based on this FINRA complaint. In fact, per the FINRA Opco complaint above, customer "TC" was dumping worthless AppTech (APCX) certificates well into mid 2010. DIRECTLY overlapping with the NITE/UBSS APCX trading activity cited in my Berger 2013 TCR attached and discussed by me with Robin Traxler at FINRA. HOW is it possible that the SEC OWB didn't share
+
+WHO ultimately executed the trades cited in the FINRA Opco complaint?
+
+Further, the SEC Gibraltar Securities complaint raises more questions than answers as well.
+
+https://www.sec.gov/litigation/complaints/2013/comp22683.pdf
+
+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+SECURITIES AND EXCHANGE COMMISSION, 13 Civ. GffiRALTAR GLOBAL
+
+SECURITIES, COMPLAINT NATURE OF THE ACTION - SEC.gov
+
+12. David Della Sciucca, Jr, age 27, is a resident of Fort Lauderdale, Florida. In . the Magnum d'Or
+
+complaint, the Commission charged Della Sciucca with acting as a nominee
+
+www.sec gov
+
+The SEC Gibraltar Securities complaint references only 1 OTCM money laundering shell: Magnum d'Or. The complaint specifically states that Oppenheimer sold just 969,822 shares. Again, no mention of executing
+
+BD/MM.
+
+The SEC Oppenheimer AML cites Gibraltar trading activity also.
+
+The share amounts in the SEC complaint grossly under estimate that in the FINRA complaint. WHY?
+
+The judge in the Gibraltar case said "the SEC's requested amount CLEARLY UNDERESTIMATES the defendants ill-
+
+gotten gains...."
+
+http://www.tribune242.com/news/2016/jan/13/bahamian-broker-25m-sanction/
+
+Bahamian broker in \$25m sanction I The Tribune
+
+A former Bahamian broker/dealer and its principal have been hit with a combined 524.484 million in
+
+financial sanctions by a US court, which found that their "ill gotten gains" were likely ...
+
+www.tribune242.com
+
+WHY didn't the SEC go after ALL of the sellers in the FINRA Opco AML complaint? WHY did the SEC "strip out" \$46 million from the Gibraltar ill gotten gains claiming the customers were "UNKNOWN"? WHO is the SEC protecting? WHO were the executing BD's/MM's in the FINRA Opco CGFIA and APCX trades? They certainly know who the customers were. Is customer "JK" Justin Keener/JMJ also in my March 2013 TCR attached? While the SEC Opco AML was based on the FINRA Opco AML, it stopped short of a thorough investigation of NITE and UBSS. In fact, the trading activity of NITE/VIRT and UBSS in the FINRA complaint: my information SHOULD have triggered an immediate investigation of NITE and UBSS. It did not. Did the SEC commit fraud on the court in its
+
+OMISSION of material information?
+
+The timing of the SEC's preliminary determination and the reasoning for the denial ALSO raises more questions
+
+"Investigative staff responsible for the covered action NEVER RECEIVED ANY INFORMATION FROM THE
+
+CLAIMANT OR had any communication with the claimant"
+
+Let's take this whopper in 2 parts:
+
+First, the SEC OWB denied my Award application because The investigators in the complaint never received my
+
+information. Has the SEC OWB re written the investigative protocol in this denial? How am I or ANY
+
+whistleblower supposed to know WHO the investigators are in a particular case WHEN according to the SEC:
+
+ALL investigations are done in a confidential manner????
+
+WHAT DOES THE SEC DO WITH WHISTLEBLOWER TIPS EXACTLY? Do they share whistleblower information with ENFORCEMENT as is mandated? HOW would ANY whistleblower know WHO to share information with at the
+
+SEC? Isn't that the job of the SEC OWB?
+
+Second, the fact that no one at the SEC contacted me DOES NOT mean the SEC didn't use my information. This is a completely bogus argument. It certainly would NOT be the first time the SEC used my information now
+
+would it Jane?
+
+In fact, it is NOT the responsibility of the whistleblower to get his/her information to the right Enforcement personnel. That responsibility EXPLICITLY falls on the SEC OWB. So, is the SEC OWB admitting gross negligence
+
+in handling my information? After the monumental failure in the Madoff Ponzi/ money laundering SEC
+
+facilitated scam on the public the then SEC IG made specific recommendations to the SEC with regards to the
+
+proper handling/vetting of Tips and Complaints.
+
+https://www.sec.gov/files/468.pdf
+
+Review and Analysis of OCIE Examinations of Bernard L. Madoff Investment
+
+Securities, LLC
+
+Review and Analysis of ODE Examinations of Bernard L. Madoff Investment Securities, LLC Executive
+
+Summary Background. On June 25, 2009, the Securities and Exchange Commission's
+
+voNw.sec gov
+
+AGAIN: The responsibility to properly vet Whistleblower information and get the information into the right hands at the SEC falls EXPLICITLY and EXCLUSIVELY with the SEC OWB itself and is NOT the responsibility of the whistleblower. Further, according to the previous SEC IG in the monumental Madoff failure: the responsibility to contact those supplying Tips and Complaints ALSO falls explicitly and exclusively with the SEC OWB and not
+
+the whistleblower. Using these excuses as the basis of denial of Award is completely contrary to SEC
+
+MANDATED protocols and procedures.
+
+Is the SEC OWB admitting it doesn't comply with those recommendations? Recall: the monumental SEC Madoff failure was NOT the fault of Whistleblowers either. OR is the SEC OWB scrambling for a 5 years in the waiting
+
+preliminary determination?
+
+So, after 5 years of waiting for a preliminary determination for my award claim, this is what the SEC best and
+
+brightest come up with?
+
+My Denial of Award for covered action 2015-016 was completely made up on the fly.
+
+The SEC OWB has applied completely fabricated "rules" to issue this denial. Further affirmation of ALL of my
+
+allegations.
+
+Also by SEC admission, the SEC allowed these 2 penny stock shells to remain a clear and present risk to the investing public. Were CGFIA and APCX ONLY money laundering shells for Oppenheimer in 2008-2010 and then
+
+WHY did it take until September 2018 before the SEC finally revoked the CGFIA registration?
+
+https://www.sec.gov/cgi-bin/browse-edgar?company=Garpa&owner=exclude&action=getcompany
+
+So, WHY was there no SEC investigation of NITE and UBSS trading activity in money laundering shells APCX and CGFIA? The SEC et al facilitated NITE "glitch" took place in August 2012. This SEC/Jefferies/JPM/BX/GS/SEC Chair Clayton Sullivan Cromwell colleague Jared Fishman et al bailout coincides directly with NITE trading activity in 2
+
+SEC/FINRA/FINCEN acknowledged money laundering shells. AND the "bailout" penny stock esque reverse merger between Getco and Knight didn't close until July 2013. HOW could the SEC conduct a COMPLETE and thorough investigation into the FINRA Opco AML complaint WITHOUT implicating NITE when NITE was CLEARLY trading billions of shares of OTCM money laundering shells BEFORE and coinciding with the SEC et al facilitated "glitch" bailout? For UBSS, the DOJ dropped its cross border AML DPA complaint in 2010. UBSS was trading money laundering shells well after the DOJ claimed UBSS was in compliance with the cross border DPA. To be clear: BOTH NITE and UBSS knew CGFIA and APCX were money laundering shells when they traded billions of shares of each 2010-2013. Is that FACT disputed by the SEC? The SEC OBSTRUCTED a thorough investigation into the ENTIRETY of trading activity of NITE and UBSS in CGFIA and APCX: MY CLAIMS. Josh
+
+Sason/Hanover/ Magna knew CGFIA was a money laundering shell also
+
+https://www.sec.gov/Archives/edgar/data/1344394/000114420413041432/0001144204-13-041432-index.htm ALSO in my claims: Joshua Sason/Hanover Magna. CGFIA. Also my NewLead TCR1426518350699 and FreeSeas TCR1440274395191 separate but related TCR's where NITE was a top trader in both and BOTH TCR's were filed well in advance (years prior) to the Sason/Hanover/Magna February 2019 complaint. Here's one thing the SEC has been consistent about: The SEC ignores the role of executing BD's and MM's in these scams. WHY? Because NITE is the #1 OTCM shell trader. As far as the SEC is concerned Penny stock trading fairies convert worthless certificates into real money. NOI Executing BD's/MM's like NITE do. Did Oppenheimer sell this order flow to NITE? Who ultimately converted these worthless certificates to real money? As the number 1 OTCM money laundering shell trader it is statistically improbable the NITE has never been the focus of an SEC AML complaint. Per my TCR: what does the NITE Compliance Department do exactly? How many SAR's has NITE filed in the last 10 years? In a 2015 SIFMA speech then SEC Enforcement Director Ceresney was "SHOCKED" by the number of BD's filing 1 or ZERO SAR's. That was just 5 years ago. WHEN would NITE file a SAR releted to the billions of shares of OTCM money laundering shells it trades like CGFIA and APCX: BEFORE or AFTER it trades those
+
+BILLIONS of shares?Does NITE pull markets and alert regulators OR continue to trade billions of shares of OTCM
+
+money laundering shells in the face of GLARING AML red flags? In fact, in December 2019 the top traded
+
+NITE/VIRT OTCM money laundering shell was ELTZ
+
+https://www.sec.gov/cgi-bin/browse-edgar?
+
+action=getcompany&CIK=0001607281&owner=exclude&count=40&hidefilings=0
+
+The SEC knows the people/entities in ELTZ well
+
+https://www.sec.gov/litigation/admin/34-46993.htm
+
+Strata Coal Company and Terrence A. Tecco: Admin. Proc. Rel. No. 34-
+
+46993 / December 13, 2002
+
+Strata Coal Company ("Strata" or "the company") is a non-reporting Nevada shell corporation based in Frisco, Texas. Strata's shares are quoted on the Pink Sheets under the symbol SCOC. Until September 2002, the company was known as WesPac Technologies, at which time it changed its name to Strata. 2.
+
+https://www.sec.govinews/press-release/2019-16
+
+SEC.gov I SEC Charges Broker-Dealer and Transfer Agent in Microcap Shell
+
+Factory Fraud
+
+The Securities and Exchange Commission today announced charges against a broker-dealer, a transfer agent, and three individuals for their roles in the creation of over a dozen undisclosed "blank check"
+
+companies from 2009 to 2014.
+
+www.sec.gov
+
+Doesn't the NITE/VIRT compliance Department have internet service in Jersey City? As a DIRECT result of the SEC obstructing a complete and thorough investigation into the ENTIRETY of trading activity in APCX and CGFIA,
+
+the top NITE/VIRT traded OTCM money laundering shell in December 2019 was AML red flags galore ELTZ.
+
+Illegal activity ACTIVELY facilitated by the SEC. The examples cited in this e mail are not exhaustive.
+
+And, for it's part AppTech is up and running again/still
+
+https://www.sec.gov/cgi-bin/browse-edgar?company=Apptech&owner=exclude&action=getcompany
+
+Unfortunately, AppTech is still up and running as a direct result of the aforementioned SEC " CLEARLY under
+
+estimating" otherwise known as CLEARLY OBSTRUCTING.
+
+In conclusion, The SEC solicits information from whistleblowers like me. The SEC uses whistleblower information
+
+to bring actions and then doesn't compensate whistleblowers for their information.
+
+OR
+
+The SEC uses whistleblower information to protect criminality perpetrated on the investing public so that this criminal activity can continue. BOTH are gross dereliction of the stated and MANDATED SEC Whistleblower statutes. To blame a whistleblower for the SEC's EXPLICIT and EXCLUSIVE responsibility to properly vet and distribute whistleblower information within the SEC as an excuse to deny Awards is also criminal activity. The SEC: criminals using whistleblower information to protect other criminals AND deny whistleblower rightful
+
+compensation for their information.
+
+I appeal the SEC preliminary determination and wish to file ANOTHER complaint with the SEC IG.
+
+Cheers!
+
+Christopher J Dilorio
+
+For 7 fucking years, the SEC has known about JMJ/Keener. I told them https://www.sec.gov/litigation/complaints/2020/comp-pr2020-72.pdf
+
+IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT
+
+OF FLORIDA SECURITIES AND EXCHANGE COMMISSION No. COMPLAINT
+
+SUMMARY - sec.gov
+
+5. Justin W. Keener, age 45, resides in San Juan, Puerto Rico.During the Relevant Period, Keener was a resident of Miami Beach, Florida. Keener registered the name "JMJ Financial" as a fictitious name in Florida
+
+in 2008 and used it to conduct the business described
+
+www.sec.gov
+
+In February 2019, the SEC brought an action against Joshua Sason/NewLead
+
+I told the SEC about Magna/ Sason ALSO in my 2013 TCR. https://www.sec.gov/litigation/litreleases/2019/Ir24403.htm
+
+Joshua Sason, et al. (Release No. LR-24403; Feb. 15, 2019)
+
+Washington, D.C., February 15, 2019 - The Securities and Exchange Commission today announced charges
+
+against four individuals and related businesses for their roles in two microcap frauds and unlawful
+
+securities offerings.
+
+vo.vw sec g ov
+
+AND, I filed separate but related NewLead and FreeSeas TCR's in 2015
+
+Then there's the UBS AML complaint.
+
+ALSO my claims. For which I sent 10 (TEN) separate Award applications from a commercial fax machine in April/May 2019. AND I have YET to receive even a preliminary determination from the OWB/Norberg
+
+IG, I see your "investigation" into my very very serious accusations of Obstruction related to my information was
+
+thorough. In short, the SEC has and still is ripping me off.
+
+Janey, be a hun and update my TCR's/Awards cited in this e mail.
+
+And Ms Welshhans, a couple of questions for you:
+
+1) Have you read the FINRA WTFC Keener complaint? Fictitious notes Ring a bell?
+
+Same MO as Sason/Magna/NewLead/FreeSeas etc etc etc
+
+2) WHO executed the Keener OTCM trades in your complaint? Penny stock trading fairies?
+
+YES, NITE was a top trader in BOTH FreeSeas and NewLead
+
+The core business at NITE/VIRT is and ALWAYS has been: abusive naked shorting OTCM (and other) shells to
+
+facilitate money laundering.
+
+In short Ms Welshhans, NITE/VIRT converts these worthless certs into real money. NONE of
+
+JMJ/Sason/IBC/Ironridge/Asher etc etc etc activity takes place without a willing,corrupt, criminal, executing
+
+BD/MM like NITE/VIRT, CDEL etc
+
+Finally, The Keener SEC complaint is FURTHER evidence that FINRA has NO business enforcing US securities LAWS. When FINRA "invited" Keener to a disciplinary hearing almost 7 years ago, Keener told them to "fuck
+
+Christopher Dilorio Whistleblower
+
+Mr Peirce,
+
+Congratulations on your nomination as SEC Commissioner. I have read your paper on FINRA lack of
+
+accountability. I believe the SEC has abdicated its responsibility to enforce Broker Dealer compliance with the BSA to FINRA BECAUSE it is not accountable. The SEC has not initiated a single stand alone AML complaint. The Brown Brothers Harriman AML complaint IS my claim. ALL of the entities in the complaint are un named
+
+WHY? My SEC and IRS Whistleblower complaints explain why.
+
+Hello, My name is Chris Dilorio. I have filed extensive SEC and IRS Whistleblower complaints alleging a direct link between penny stock money laundering, domestic and foreign entities, Swiss Banks, and executing brokers like KCG and UBS. I can provide overwhelming evidence of SEC obstruction. Please read the FINRA Brown Brothers Harriman AML complaint. This is my claim. All of the entities in the complaint are un named. Why? The SEC is not only obstructing an investigation, they are aiding and abetting the activity. These are not far flung theories. The UBS Whistleblower Birkenfeld and his attorney sent 52,000 accounts to the SEC and DOJ. The DOJ at the influence of President Obama and Hillary Clinton entered into the UBS DPA based on just 4400.
+
+What is so egregious is the activity continues un abated today.
+
+Start with the so calledAugust 2012 Knight/KCG trading "glitch". Initial reports say the NYSE was breaking the trades. WHY did they stop. Former KCG CEO Joyce said he had a very frank discussion with then SEC Chair Schapiro where the SEC wanted to send a very strong message to market participants. Why not just continue to break the trades and hit KCG with a hefty fine? That would not create the conditions to grant KCG exception after exception to do their emergency funding which transferred 74% of the company to "glitch" funding participants and ultimate reverse merger partner GETCO. AND, despite claiming to having a "highly liquid
+
+balance sheet" KCG had to raise the entire amount of the loss.
+
+A very significant and public event was cited in a WSJ article where immediately following the "glitch"KCG inadvertently sent 4000 worthless securities to JPM in an attempt to secure a tri party financing where JPM
+
+guaranteed the loan. This is discussed in my attached TCR's and also the topic in a March 2014 letter I sent to the SEC. In the end, the emergency funding was NOT collateral based. The participants knew exactly what a fraud the KCG balance sheet was. After the stock was decimated to \$3, the deal was a convertible with a conversion
+
+price at a 50% discount or \$1.50/ share. There is much more, but this is a good start.
+
+Recently, KCG did a modified Dutch auction where they "sold" an asset (HotSpot) to an entity both KCG and GETCO were a major shareholder (BATS) KCG CEO Coleman called it a "highly competitive process".
+
+Virtually all of the proceeds went to buy back stock from "glitch" financing participants. The purchase price was \$14/share. The stock had never traded there and hasn't since. Reports say 82 million shares were tendered at or BELOW \$14. But they chose to repurchase 23 million shares AT \$1499779 I have overwhelming evidence that
+
+supports my allegations that the SEC is engaging in criminal obstruction to protect KCG.
+
+I) Current KCG Dan Coleman ran Equities at UBS during the massive REG Sho violations as well as the cross border activity detailed by Whistleblower Birkenfeld. White and Ceresney represented UBS prior to joining the
+
+SEC
+
+4) Read FINRA AML complaints against Brown Brothers Harriman. This is my claim. It links penny stock money laundering to executing brokers like KCG, domestic and foreign entities, and Swiss banks. ALL of the
+
+entities in the complaint are un named. WHY?
+
+5) The FINRA World Trade Financial AML complaint discusses several entities cited in my claims. The
+
+customer the complaint focuses on is Justin Keener. Still very much in business. The red flags cited by FINRA
+
+were cited in my claims as well. Yet still no investigation.
+
+6) in July 2015 I contacted Kevin Goodman Dir OCIE for Broker Dealrsat the SEC. He had never seen my information. The IG OCIE Madoff report mandated the OCIE to vet information. McKessy and Ceresney never
+
+sent my info to him
+
+7) I'm sure you are familiar with the Manning v Merrill,KCG,UBS et al litigation. The SEC does not want an
+
+investigation into my claims while the litigation is pending.
+
+8) My claims detail ex clearing trading activity by KCG and UBS. despite the glaring red flags in doing so. Ex clearing s the Obligation Warehouse. A NON GUARANTEED SERVICE set up by the SEC and DTCC to allow firms like KCG to circumvent close out requirements of Rule 204. Clearly contrary to the intent of the SEC authorization in Sec 17a of the 1934 Act to create a system of prompt and timely settlement and to remove
+
+impediments there of.
+
+In short, I told the SEC KCG was insolvent in 2011. Rather than investigate and prosecute, they chose to obstruct. The activity in my TCR's pit dates the "glitch". An investigation would show the SEC bailed out a
+
+criminal enterprise. Because of the obstruction, the activity continues today unabated in stocks like
+
+STBV,VELA,NEWL,FREE, and dozens more. The investing public remains at risk
+
+More to come Chris Dilorio
\ No newline at end of file
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diff --git a/marker2/ds9/EFTA00087545/EFTA00087545.md b/marker2/ds9/EFTA00087545/EFTA00087545.md
new file mode 100644
index 0000000000000000000000000000000000000000..06985a35e607a5fb8f78fe349c4b8091819aa31f
--- /dev/null
+++ b/marker2/ds9/EFTA00087545/EFTA00087545.md
@@ -0,0 +1,31 @@
+**To:** [REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+
+**Subject:** Fwd: Ghislaine Maxwell speaks from behind bars for the first time in the Mail on Sunday | Daily Mail Online
+
+**Date:** Sat, 13 Nov 2021 17:05:40 +0000
+
+---
+
+Begin forwarded message:
+
+**From:** [REDACTED]
+
+**Date:** November 13, 2021 at 12:00:10 PM EST
+
+**To:** [REDACTED] >, [REDACTED]
+
+[REDACTED]
+[REDACTED]
+
+**Cc:** [REDACTED]
+
+**Subject:** Ghislaine Maxwell speaks from behind bars for the first time in the Mail on Sunday | Daily Mail Online
+
+Not sure if this is a concern, but a Daily Mail reporter somehow got an interview with her.
+
+
+
+To: &i' k>
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diff --git a/marker2/ds9/EFTA00087589/EFTA00087589.md b/marker2/ds9/EFTA00087589/EFTA00087589.md
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@@ -0,0 +1,13 @@
+To:
+
+From: "G. Max" g >
+
+Philip just e mailed me your contact info.
+
+When we are all back in NY the plan is to do a dinner - we'll have the sluty Spanish girl which will be nicely counter balanced by the cool poised Swedish type.
+
+Let me know when you next go to Europe as I do have some interesting and fun friends that you could hook up with.
+
+Hopefully we will meet up again soon
+
+Ghislaine
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@@ -0,0 +1,3 @@
+To: Philip Levine From: G. Max[ Sent: Sat 1/1/4501 5:00:00 AM (UTC) Subject: Re:
+
+ Well lie then
+
+From: "G. Max" < gt;
+
+Subject: Re: see you in new york
+
+
+
+At 03:50 PM 2/7/2004 -0600, you wrote:
+
+hi ghislaine,
+
+
it was good to hear from you the other day. i thought I'd fill you in on my situation and see how we can work together.
+
+
+
+i am still dancing, pilates-ing and teaching. i am very interested to keep training Jeffery as we work well together and i enjoy working with him.
+
+
+
+i understand he likes to work with a variety of beautiful, talented young women and i think that training with lots of people can be a very good thing. i understand what i am looking for in other people to train / work with him, and it's quite a tall order, which is why i know that you need some help you find people. they don't come along every day.
+
+
i need to use my time effectively; to continue with my dance classes, learning, training and also earning money to pay for it all.
+
+if i am looking for girls i will need to go to a wide variety of classes, whereas at the moment i tend to stick to the one's i like. (not necessarily the one's to find suitable girls).
+
+
+
+so if you want me to be actively looking, then we will need to reach a financial arrangement as this will be my job. or if you just want me to let you know if i come across someone suitable on my travels, then what will you pay me for this? as i am effectively 'doing myself out of a job'.
+
+
+
+i would just like to have a good idea of where i stand, and if i will be getting more work from you, or if you can put me in touch with other people who may want a trainer. or if i can make 'looking for other people' my main source of income.
+
+
+
+as i am here properly now, i have bills and rent to pay, i need to find something somewhat stable.
+
+
i can be available to travel, but if i am 'on call' i need to know and be paid accordingly.
+
+
i have a couple of girls in mind, so let me know what arrangement we will have, and i will do my best to help.
+
+i am appreciative of any work you can throw my way.
+
+
i look forward to seeing you when you're back in nyc. give my best to rainy england!
+
+
+
+love x
+
+
+
+p.s. do you want a lesson?
+
+
Gx
At 02:54 PM 10/4/2001 -0400, you wrote:
So you passed the ball to me?
From ???@??? Thu Oct 04 15:30:43 2001 To: From: "G. Max" < Subject: Cc: Bcc: X-Attachments: In-Reply-To: References: Message-Id: <5.0.0.25.2.20011004151632.00b04818@mail.mindspring.com> X-Eudora-Signature:
My interest in fashion these days extends to what I am wearing tonight!
Original Message
From: G. Max < gt;
To: Philip Levine < gt;
Sent: Thu Oct 04 15:08:34 2001
Subject:
Spoke to - she told me that she was meeting you tom so I told her
that it m g possible that you have an interest in fashion and that she
should irritate you about an internship -(read beg and deliver) expect her
to be hopefully accommodating
Gx
PEADON CLEANERS & GEROME) |
+|---------|-------|------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| 1/28/04 | WED | 9:00 AM- 9:00PM | HOUSE SIT (WORKERS-PEADONS,
LENNY FIXED GARDEN LIGHT & PUT
PANEL IN A/C UNIT & GEROME) |
+| 1/29/04 | THURS | 9:00 AM- 6:30PM | HOUSE SIT (WORKERS-PEADON'S, GEROME,
ALAN FROM CASSIDY AIR & INSPECTOR TO
CHECK A/C)- ALSO PUT
MERCEDES IN FRONT OF HOUSE FOR
JEFFERY'S FRIEND TO BORROW |
+| 1/30/04 | FRI | 1 HOUR | GET MAIL & CHECK HOUSE |
+| 1/31/04 | SAT | 1 HOUR | GET MAIL & CHECK HOUSE |
+| 2/1/04 | SUN | 1 HOUR | CHECK HOUSE |
+| 2/2/04 | MON | 1 HOUR | GET MAIL, CHECK HOUSE & PUT MERCEDES
BACK IN GARAGE |
+
+**TOTAL HOURS =33 1/2 HOURS X \$20 = \$670.00**
+
+PLEASE FED X OR MAIL CHECK TO
+
+[REDACTED]
+
+**\* THANK YOU!!**
+
+ATTENTION:
+FAX: [REDACTED]
+
+FROM: [REDACTED]
+
+[REDACTED] HOURS
+
+6/24/04 THUR 1 HOUR
+GET DOOR CODE FROM (WPB) STAFF AND VERIFY WHAT IS NEEDED
+WHILE STAFF OUT OF TOWN
+
+6/28/04 MON 1 HOUR
+BRING MAIL IN STAFF HOUSE AND CHECK ON MAIN HOUSE
+
+6/30/04 WED 1 HOUR
+BRING MAIL IN STAFF HOUSE AND CHECK ON MAIN HOUSE
+
+7/02/04 FRI 1 HOUR
+SEND MAIL IN FED-X BOX TO NY AND CHECK ON MAIN HOUSE
+
+7/04/04 SUN 11:00 AM 12:00PM STHOUR
+GREET NEW YORK STAFF AND GIVE DOOR CODE
+
+5 HOURS X \$20.00 S \$100.00 TOTAL
+
+DOOR CODE FROM (WPB)
+STAFF OUT OF TOWN
+
+Please MAIL check to: [REDACTED] STAFF HOUSE
+
+THANK YOU !
+
+[REDACTED] STAFF HOURS
+
+[REDACTED] STAFF HOURS CIVIL
+
+[REDACTED] S \$100.00
+
+ATTENTION: [REDACTED]
+FAX [REDACTED]
+
+FROM [REDACTED]
+
+[REDACTED] HOURS
+
+8/24/04 TUES 12:00 NOON-5:00 PM
+LYNN AND JOJO- OUT FOR THE DAY
+PEADON'S CLEANING
+JOHN C CASSIDY AIR CAME AND CHANGED AIR FILTER
+COLLECTED MAIL AND PLUT IN STAFF HOUSE
+SENT [REDACTED] THEIR MAIL AND GAVE POST OFFICE THEIR NEW ADDRESS
+CALLED CABLE COMPANY TO SET APPOINTMENT TO FIX TV IN BLUE ROOM
+CALLED SHUTTER COMPANY AND MADE APPOINTMENT TO FIX SHUTTER
+
+8/25/04 WED - 1 HOUR
+CALLED BOTH CABLE COMPANY AND SHUTTER COMPANY TO CANCEL
+SINCE MR. EPSTEIN IN TOWN ON THURSDAY
+
+8/27/04 FRI- 4:00 PM- 6:00 PM
+MET WITH MS. MAXWELL TO DISCUSS WHAT NEEDS TO BE FIXED AROUND
+HOUSE-SHE PAID ME \$1,000 TOWARDS MY HOURS. STILL OWES \$380 AND
+MONEY FOR SHOPPING AT CARMINES
+
+8/31/04 TUES (NO CHARGE)
+CALLED AND HAD WATER DELIVERED
+CONFIRMED WITH [REDACTED] THAT SHE WANTED LENNY TO FIX SHUTTERS
+HAD [REDACTED] FAX LENNY A PAPER CONFIRMING THE QUOTE WAS
+APPROVED TO THE STAFF HOUSE
+
+8 HOURS x 20.00= \$160.00
+
+Please MAIL check to: [REDACTED] TO DIS
+WE \$1,000 TO
+SPEND AT CARMINES
+
+THANK YOU!
+[REDACTED]
+[REDACTED]
+[REDACTED]
+
+ATTENTION: [REDACTED] / MS. MAXWELL
+FAX: [REDACTED]
+
+FROM [REDACTED]
+
+[REDACTED] HOURS
+
+10/21/04 THUR (2 HOURS)
+PICKED UP CHRISTOPH AND DROVE TO HOUSE TO GET MERCEDES
+UNLOCKED HOUSE AND TURNED OFF ALARM THEN RESET ALARM
+FOLLOWED CHRISTOPH TO REPAIR SHOP AND DROVE HIM BACK TO JET AVIATION
+CALLED BISHOP WATER COMPANY TO CONFIRM THAT WATER WILL BE DELIVERED
+TODAY
+
+2 HOURS x 20.00 = \$40.00
+
+LE HESSE
+
+TH MOOL HESSE'S
+
+Please MAIL check to: [REDACTED]
+(NEW ADDRESS UNTIL HOUSE IS BUILT)
+
+[REDACTED]
+
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+
+THANK YOU!
+
+ATTENTION: [REDACTED] / MS. MAXWELL
+FAX: [REDACTED]
+
+FROM [REDACTED]
+
+[REDACTED] HOURS
+
+8/04/05 THUR (1 HOURS) 7:00-8:00 PM
+Received call from Benham Securities and checked entire house and grounds
+Tried to reset alarm [REDACTED]
+
+8/05/05 FRI (2 HOURS) 1:00-3:00 PM
+Spoke to Richard and was asked to reset alarm
+Called alarm company and a technician explained how to reset alarm
+Alarm was reset and house is fine
+
+3 HOURS x 20:00 = \$60.00
+
+ALONE [REDACTED]
+
+Please MAIL check to:
+(ADDRESS UNTIL HOUSE IS BUILT)
+
+[REDACTED]
+
+THANK YOU!
+
+to \$20,000
+
+Epstein House
+
+Main House [REDACTED]
+
+Staff [REDACTED]
+
+Alarm [REDACTED]
+
+Password [REDACTED]
+
+
+
+LYNN & JOJO
+
+1 AIL NEEDS TO BE SENT
+
+~~VIA~~ ~~BO~~ FED-X ON
+
+THOR.
+
+I CALL
+
+2 A PICK UP. JUST
+IP TOP COPY.
+
+3 Y WILL GIVE YOU A
+K UP #. AND PICK
+
+UP BY BACK SERVICE
+~~BOOK~~ DOOR.
+
+1-5
+
+TH
+
+~~BOOK BY KNOWN~~
+
+Lynn & JoJo
+
+① I sent [REDACTED]
+mail to their correct address
+and called Post office to make
+sure all future mail will be sent to them
+
+② I scheduled the cable company
+to come on Thursday. This is their
+soonest appointment. Ghislaine asked
+me to make an appointment because
+the TV in the Blue Room does not
+get a clear reception.
+
+③ SHUTTER COMPANY will come
+EARLY THURSDAY TO MEASURE
+SHUTTER NEXT TO GHISLAINE'S
+DESK. THE SHUTTER WILL NOT
+ROLL DOWN. ~~E~~
+
+\* BOTH CABLE COMPANY & SHUTTER COMPANY
+will CALL ME ON MY CELL PHONE TO
+MAKE SURE JEFFREY & GHISLAINE ARE NOT
+HERE.
+
+Jeffrey E. Epstein
+
+# 301.3101
\ No newline at end of file
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+From: (USANYS)" To: r" " I Cc: "
+
+Subject: 3500
+
+Date: Tue, 05 Oct 2021 22:48:45 +0000
+
+Attachments: 2021-09 .pdf
+
+Can you please send the lAs referenced in the attached 302?
+
+Assistant United States Attorney United States Attorney's Office Southern District of New York
+
+Tel:
\ No newline at end of file
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diff --git a/marker2/ds9/EFTA00087723/EFTA00087723.md b/marker2/ds9/EFTA00087723/EFTA00087723.md
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+**To:** [REDACTED]
+
+**Subject:** FW: Testifying Witness Questions
+
+**Date:** Wed, 06 Oct 2021 05:08:53 +0000
+
+**Attachments:** [REDACTED] - 31E-MM-108062-GJ-1A4.pdf
+
+---
+
+P 6 refers to [REDACTED] meeting with GM to "discuss what needs to be fixed around house- she paid me \$1,000 towards my hours." I was planning to have paras mark pages 6-8, but let's discuss briefly in morning. One thing I wanted to ask you.
+
+**From:** [REDACTED]
+
+**Sent:** Tuesday, October 5, 2021 2:27 PM
+
+**To:** [REDACTED]
+
+**Cc:** [REDACTED]
+
+**Subject:** RE: Testifying Witness Questions
+
+Just FYI, the notes and documents for [REDACTED] were in 31E-MM-108062 – GJ 1A4. They are attached here as well.
+
+Special Agent [REDACTED]
+
+FBI New York Field Office
+
+Child Exploitation/Human Trafficking
+
+Desk: [REDACTED]
+
+**From:** [REDACTED] >
+
+**Sent:** Monday, October 4, 2021 7:58 PM
+
+**To:** [REDACTED]
+
+**Cc:** [REDACTED]
+
+**Subject:** [EXTERNAL EMAIL] - Testifying Witness Questions
+
+I'm attaching the 302 for [REDACTED] from an interview on August 22, 2006. The last paragraph refers to her providing a copy of the hours she worked at Epstein's residence as well as some notes she made at her time of employment. Can you please send the notes and the documents she provided? I don't believe we have them.
+
+Also can you please send the notes of the 8/15/06 interview of [REDACTED]? The 302 is attached.
+
+Thanks!
+
+[REDACTED]
+
+[REDACTED]
+Assistant United States Attorney
+United States Attorney's Office
+Southern District of New York
+One St. Andrew's Plaza
+New York, New York 10007
+
+Tel:
\ No newline at end of file
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diff --git a/marker2/ds9/EFTA00087725/EFTA00087725.md b/marker2/ds9/EFTA00087725/EFTA00087725.md
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+**From:** "[REDACTED]" <[REDACTED]>
+**To:** "[REDACTED] (USANYS)" <[REDACTED]>, "[REDACTED] (NY) (FBI)" <[REDACTED]>, "[REDACTED] (NY) (FBI)" <[REDACTED]>
+**Cc:** "[REDACTED]" <[REDACTED]>
+
+**Subject:** [EXTERNAL] Re: GM - Witnesses
+
+**Date:** Wed, 06 Oct 2021 19:42:26 +0000
+
+---
+
+Is [REDACTED] testifying as a custodian for a particular company/organization?
+
+**Detective** [REDACTED]
+**NYPD / FBI**
+**Child Exploitation Human Trafficking Task Force**
+**Office:** [REDACTED]
+
+---
+
+**From:** [REDACTED] (USANYS) <[REDACTED]>
+**Sent:** Wednesday, October 6, 2021 3:33 PM
+**To:** [REDACTED] <[REDACTED]>; [REDACTED] (NY) (FBI) <[REDACTED]>; [REDACTED] (NY) (FBI) <[REDACTED]>
+**Cc:** [REDACTED] <[REDACTED]>
+**Subject:** RE: GM - Witnesses
+
+Thanks so much, [REDACTED]! I don't have other info on [REDACTED]. Here is [REDACTED] current address and number:
+
+[REDACTED], [REDACTED]
+[REDACTED]
+
+---
+
+**From:** [REDACTED] <[REDACTED]>
+**Sent:** Wednesday, October 6, 2021 2:28 PM
+**To:** [REDACTED] (USANYS) <[REDACTED]>; [REDACTED] (NY) (FBI) <[REDACTED]>; [REDACTED] (NY) (FBI) <[REDACTED]>
+**Cc:** [REDACTED] <[REDACTED]>
+**Subject:** [EXTERNAL] Re: GM - Witnesses
+
+Hey guys,
+
+Can you provide us with a little more information on the following witnesses. DOB's would be great or approximate age but if not maybe who they are, why they are testifying, city or state they are from? [REDACTED] is attached to this email, and she is assisting us with doing all the checks for the witnesses.
+
+Thanks!
+
+1. [REDACTED]
+2. [REDACTED]
+
+**Detective** [REDACTED]
+**NYPD / FBI**
+**Child Exploitation Human Trafficking Task Force**
+**Office:** [REDACTED]
+
+---
+
+To: (NY) (FBI) •t >
+
+Cc:
+
+Subject: GM - Witnesses
+
+## CAUTION! EXTERNAL SENDER
+
+STOP WHEN UNSURE. Never click on links or open attachments if sender is unknown, and never provide user ID or password. Suspicious? Please report to this email address: reportphishing@gypd.org
+
+Below is the list of potential testifying witnesses as discussed. Please run rap sheets as discussed. Do you think you could get them to us by Wednesday or Thursday? Call if you have any questions, thanks!
+
+1
+
+Assistant United States Attorney United States Attorney's Office Southern District of New York One St. Andrew's Plaza New York, New York 10007 Tel:
\ No newline at end of file
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diff --git a/marker2/ds9/EFTA00087727/EFTA00087727.md b/marker2/ds9/EFTA00087727/EFTA00087727.md
new file mode 100644
index 0000000000000000000000000000000000000000..e235ac107641b3af2d06683f18babf0e09d822ce
--- /dev/null
+++ b/marker2/ds9/EFTA00087727/EFTA00087727.md
@@ -0,0 +1,789 @@
+## United States v. Ghislaine Maxwell 20 Cr. 330 INN/ Testifying Witness 3500 Material 10/25/2021
+
+| | Date | Description | Attorney Produced to Defense |
+|----------|------------|-----------------------|------------------------------|
+| | 2021.02.01 | Notes from phone cal | 2021.04.23 |
+| 3502402 | 202102 01 | Testimony disclosure | 2021.04.23 |
+| 3502-003 | 2021.03.03 | Notes from phone cal | 2021.04.23 |
+| 3502404 | 2021.04.09 | Interview notes | 2021.04.23 |
+| 3502405 | 2021.04.21 | | 2021.04.23 |
+| | | S e | |
+| 3502-006 | | some | 2021.04.23 |
+| 3502-007 | | Contract for services | 2021.04.23 |
+| 3502-008 | 2021.10.21 | Notes | 2021.10.25 |
+| 3502-009 | 2021.10.24 | Notes | 2021.10.25 |
+| 3502-010 | 2006 | Article | 2021.10.25 |
+| 3502-011 | 2009 | Article | 2021.10.25 |
+| 3502-012 | 2010 | Article | 2021.10.25 |
+| 3502-013 | 2014 | Article | 2021.10.25 |
+| 3502-014 | 2015 | Article | 2021.10.25 |
+| 3502-015 | 2015 | Article | 2021.10.25 |
+| 3502-016 | 2015 | Article | 2021.10.25 |
+| 3502-017 | 2016 | Article | 2021.10.25 |
+| 3502-018 | 2017 | Article | 2021.10.25 |
+| 3502-019 | 2018 | Article | 2021.10.25 |
+| 3502-020 | 2018 | Article | 2021.10.25 |
+| 3502-021 | 2019 | Article | 2021.10.25 |
+| 3502-022 | 2020 | Article | 2021.10.25 |
+| 3502-023 | 2021 | Article | 2021.10.25 |
+| 3502-024 | 2021 | Article | 2022.10.25 |
+| 3502025 | 2021.10.15 | Notes | 2021.10.25 |
+
+| 3503 | Date | Description | Attorney Produced to Defense |
+|----------|------------|---------------------|------------------------------|
+| 3501001 | | Curriculum vitae | 2021.09.15 |
+| 3501002 | | 31E.NT-3027571 | 2021.10.11 |
+| 3503-003 | 2021.08.25 | Notes | 2021.10.11 |
+| 3503-006 | 2019.08.09 | Email | 2021.10.11 |
+| 3503-005 | 2019.08.20 | Email | 2021.10.11 |
+| 3503-006 | 2019.08.23 | Email | 2021.10.11 |
+| 3503-007 | 2019.09.04 | Email | 2021.10.11 |
+| 3503-008 | 2019.09.09 | Email | 2021.10.11 |
+| 3503-009 | 2019.09.16 | Email | 2021.10.11 |
+| 3503-010 | 2019.09.30 | Email | 2021.10.11 |
+| 3501011 | 2019.10.21 | Email | 2021.10.11 |
+| 3503-012 | 2019.11.12 | Email | 2021.10.11 |
+| 3503-013 | 2020.02.10 | Email | 2021.10.11 |
+| 3501014 | 2020.03.02 | Email | 2021.10.11 |
+| 3503-015 | 2020.03.03 | Email | 2021.10.11 |
+| 3503-016 | 2020.03.04 | Email | 2021.10.11 |
+| 3503-017 | | Attachment to email | 2021.10.11 |
+| 3503-018 | 2020.03.18 | Email | 2021.10.11 |
+| 3503-019 | 2020.03.31 | Email | 2021.10.11 |
+| 3503-020 | 2020.04.07 | Email | 2021.10.11 |
+| 3503-021 | 2020.05.12 | Email | 2021.10.11 |
+| 3503-022 | 2020.05.14 | Email | 2021.10.11 |
+| 3503-023 | | Attachment to email | 2021.10.11 |
+| 3503-024 | 2020.05.29 | Email | 2021.10.11 |
+| 3503-025 | | Attachment to email | 2021.10.11 |
+| 3503-026 | 2020.06.17 | Email | 2021.10.11 |
+| 3501-027 | 2020.06.17 | Email | 2021.10.11 |
+| 3503-028 | 2020.06.19 | Email | 2021.10.11 |
+| 3503-029 | 2020.06.19 | Email | 2021.10.11 |
+| 3503-030 | 2020.06.20 | Email | 2021.10.11 |
+| 3503-031 | 2020.06.23 | Email | 2021.10.11 |
+| 3503-032 | | Attachment to email | 2021.10.11 |
+| 3503-033 | 2020.07.07 | Email | 2021.10.11 |
+| 3503-034 | 2020.07.07 | Email | 2021.10.11 |
+| 3503-035 | 2020.07.13 | Email | 2021.10.11 |
+| 3503-036 | | Attachment to email | 2021.10.11 |
+| 3503-037 | 2020.07.13 | Email | 2021.10.11 |
+| 3503-038 | | Attachment to email | 2021.10.11 |
+| 3503-039 | 2020.07.13 | Email | 2021.10.11 |
+| 3503-040 | | Attachment to email | 2021.10.11 |
+| 3503-041 | 2020.07.13 | Email | 2021.10.11 |
+| 3503-042 | 2020.07.14 | Email | 2021.10.11 |
+| 3503-043 | 2020.07.14 | Email | 2021.10.11 |
+| 3503-044 | 2020.07.14 | Email | 2021.10.11 |
+| 3503-045 | 2020.07.15 | Email | 2022.10.11 |
+
+| 3503-046 | 2020.07.15 | Email | 2021.10.11 |
+|-----------|------------|---------------------|------------|
+| 3503-047 | 2020.07.20 | Email | 2021.10.11 |
+| 3503-048 | | Attachment to email | 2021.10.11 |
+| 3503-049 | 2020.07.20 | Email | 2021.10.11 |
+| 3503-050 | 2020.07.21 | Email | 2021.10.11 |
+| 3503-051 | 2020.07.22 | Email | 2021.10.11 |
+| 3503-052 | 2020.07.23 | Email | 2021.10.11 |
+| 3503-053 | | Attachment to email | 2021.10.11 |
+| 3503-054 | 2020.07.23 | Email | 2021.10.11 |
+| 3503-055 | | Attachment to email | 2021.10.11 |
+| 3503-056 | 2020.07.24 | Email | 2021.10.11 |
+| 3503-057 | | Attachment to email | 2021.10.11 |
+| 3503-058 | 2020.07.24 | Email | 2021.10.11 |
+| 3503-059 | 2020.07.26 | Email | 2021.10.11 |
+| 3503-060 | 2020.07.27 | Email | 2021.10.11 |
+| 3503-061 | 2020.07.27 | Email | 2021.10.11 |
+| 3503-062 | 2020.07.27 | Email | 2021.10.11 |
+| 3503-063 | 2020.07.28 | Email | 2021.10.11 |
+| 3503-064 | 2020.07.28 | Email | 2021.10.11 |
+| 3503-065 | 2020.0803 | Email | 2021.10.11 |
+| 3503-066 | 2020.0800 | Email | 2021.10.11 |
+| 3503-067 | | Attachment to email | 2021.10.11 |
+| 3503-068 | 2020.0806 | Email | 2021.10.11 |
+| 3503-069 | 2020.0819 | Email | 2021.10.11 |
+| 3503-070 | 2020.10.02 | Email | 2021.10.11 |
+| 3503-071 | | Attachment to email | 2021.10.11 |
+| 3503-072 | | Attachment to email | 2021.10.11 |
+| 3503-073 | 2020.10.05 | Email | 2021.10.11 |
+| 3503-074 | 2020.10.08 | Email | 2021.10.11 |
+| 3503-075 | 2020.10.08 | Email | 2021.10.11 |
+| 3503-076 | 2020.10.09 | Email | 2021.10.11 |
+| 3503-077 | 2020.10.09 | Email | 2021.10.11 |
+| 3503-078 | 2020.10.12 | Email | 2021.10.11 |
+| 3503-079 | 2020.10.13 | Email | 2021.10.11 |
+| 3503-080 | 2020.10.14 | Email | 2021.10.11 |
+| 3503-081 | 2020.10.15 | Email | 2021.10.11 |
+| 3503-082 | 2020.10.15 | Email | 2021.10.11 |
+| 3503-0/13 | 2020.10.16 | Email | 2021.10.11 |
+| 3503-084 | 2020.10.16 | Email | 2021.10.11 |
+| 3503-085 | 2020.10.19 | Email | 2021.10.11 |
+| 3503-086 | 2020.10.19 | Email | 2021.10.11 |
+| 3503-087 | 2020.10.20 | Email | 2021.10.11 |
+| 3503-0/18 | 2020.10.21 | Email | 2021.10.11 |
+| 3503-089 | 2020.10.21 | Email | 2021.10.11 |
+| 3503-090 | 2020.10.23 | Email | 2021.10.11 |
+| 3503-091 | 2020.10.26 | Email | 2021.10.11 |
+| 3503-092 | | Attachment to email | 2021.10.11 |
+| 3503-093 | 2020.10.26 | Email | 2021.10.11 |
+| 3503-094 | | Attachment to email | 2021.10.11 |
+| 3503-095 | 2020.10.26 | Email | 2021.10.11 |
+| 3503-096 | | Attachment to email | 2021.10.11 |
+| 3503-097 | 2020.10.26 | Email | 2021.10.11 |
+| 3503-098 | | Attachment to email | 2021.10.11 |
+| 3503-099 | | Attachment to email | 2021.10.11 |
+| 3503-100 | | Attachment to email | 2021.10.11 |
+| 3503-101 | | Attachment to email | 2021.10.11 |
+| 3503-102 | 2020.10.26 | Email | 2021.10.11 |
+| 3503-103 | | Attachment to email | 2021.10.11 |
+| 3503-104 | | Attachment to email | 2021.10.11 |
+| 3503-105 | 2020.10.27 | Email | 2021.10.11 |
+| 3503-106 | 2020.10.27 | Email | 2021.10.11 |
+| 3503-107 | 2020.10.29 | Email | 2021.10.11 |
+| 3503-108 | 2021.04.30 | Email | 2021.10.11 |
+
+| 3504 | | | |
+|----------|------------|--------------------------|------------------------------|
+| | Dote | Desalption | Attorney Produced to Defense |
+| 3504 001 | 2003.10.05 | Palm Beach Police Report | 2021.10 11 |
+| 3504-002 | 2003.10.05 | Palm Beach Police Report | 2011.10.11 |
+| 3504-003 | 2005.11.09 | Palm Beach Police Report | 2021.10.11 |
+| 3504-004 | 2005.11.10 | Palm Beach Police Report | 2021.10.11 |
+| 3504-005 | 2005.11.10 | PBPD recording | 2021.10.11 |
+| 3504-006 | 2005.11.10 | Letter | 2021.10.11 |
+| 3504-007 | 2005.11.17 | Driver information | 2021.10.11 |
+| 3504-008 | 2005.11.21 | Police Report | 2021.10.11 |
+| 3504-009 | 2005.11.21 | worn statement | 2021.10.11 |
+| 3504-010 | 2005.11.21 | worn statement | 2021.10.11 |
+| 3504-011 | 2005.11.21 | worn statement | 2021.10.11 |
+| 3504-012 | 2006.05.01 | a m ac Police Report | 2021.10.11 |
+| 3504-013 | 2006.05.01 | Palm Beach Police Report | 2021.10.11 |
+
+| 3504.014 | 2006.05.01 | Palm 8each Police Report | |
+|----------|------------|--------------------------|------------|
+| 3504.015 | 2006.08.26 | Palm 8each Police Report | 2021.10.11 |
+| 3504.016 | 2006.10.20 | Memorandum | 2021.10.11 |
+| 3504.017 | 2006.12.04 | Driver Information | 2021.10.11 |
+| 3504.018 | 2006.12.04 | Criminal history check | 2021.10.11 |
+| 3504.019 | 2007.02.01 | Letter | 2021.10.11 |
+| 3504420 | 2007.12.11 | Letter | 2021.10.11 |
+| 3504421 | 2009.09.08 | Deposition, Volume I | 2021.10.11 |
+| 3504422 | 2009.09.08 | Deposition, Volume II | 2021.10.11 |
+| 3504423 | 2016.06.01 | Deposition Celli:lit 1 | 2021.10.11 |
+| 3504424 | 2016.06.01 | Deposition Celli:4e 2 | 2021.10.11 |
+| 3504425 | 2016.06.01 | Deposition Exhibit 3 | 2021.10.11 |
+| 3504426 | 2016.06.01 | Deposition Eldalit 4 | 2021.10.11 |
+| 3504.027 | 2016.06.01 | Deposition ExhbitS | 2021.10.11 |
+| 3504028 | 2016.06.01 | Deposition EXhilit 6 | 2021.10.11 |
+| 3504029 | 2016.06.01 | Deposition EXhiSit 7 | 2021.10.11 |
+| 3504030 | 2016.06.01 | Deposition transcript | 2021.10.11 |
+| 3504031 | 2016.09.15 | Sworn Affidavit | 2021.10.11 |
+| 3504032 | 2019.07.13 | Interview 302 | 2021.10.11 |
+| 3504033 | 2019.07.13 | Notes | 2021.10.11 |
+| 3504034 | 2020.02.19 | Interview 302 | 2021.20.11 |
+| 3504035 | 2020.02.19 | Notes | 2021.10.11 |
+| 3504036 | 2020.06.28 | Grand jury transcript | 2021.20.11 |
+| 3504037 | 2020.09.28 | Notes | 2021.10.11 |
+| 3504038 | 2021.03.29 | Grand jury transcript | 2021.10.11 |
+| 3504039 | 2021.06.08 | Notes | 2021.10.11 |
+| 3504040 | 2021.06.24 | Notes | 2021.10.11 |
+| 3504.041 | 2021.07.14 | Notes | 2021.10.11 |
+| 3504042 | | Criminal history check | 2021.10.11 |
+| 3504043 | | Criminal history check | 2021.10.11 |
+
+| 2021.10.11 |
+|-------------------|
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+
+| 3305 | Date | Desaiption | Attorney Produced to Defense |
+|----------|------------|-------------------------|------------------------------|
+| 3505001 | 2006.12.14 | Driver information | 2021.10.11 |
+| 3505002 | 2007.05.08 | Transcript | 2021.10.11 |
+| 3505003 | 2007.06.07 | Letter | 2021.10.11 |
+| 3505.004 | 2007.07.03 | Driver information | 2021.10.11 |
+| 3505005 | 2007.08.07 | Interview 302 | 2021.10.11 |
+| 3505006 | 2007.08.07 | Notes | 2021.10.11 |
+| 3505007 | 2007.08.07 | Property receipt | 2021.10.11 |
+| 3505008 | 2007.08.28 | Oecbration | 2021.10.11 |
+| 3505009 | 2007.09.07 | Driver Information | 2021.10.11 |
+| 3505010 | 2007.09.07 | Criminal history check | 2021.10.11 |
+| 3505011 | 2007.09.07 | Driver reformation | 2021.10.11 |
+| 3505012 | 2007.09.07 | Criminal history check | 2021.10.11 |
+| 3505013 | 2007.09.07 | Criminal history check | 2021.10.11 |
+| 3505014 | 2007.09.07 | Search records | 2021.10.11 |
+| 3505015 | 2007.09.07 | Criminal history check | 2021.10.11 |
+| 3505016 | 2007.09.07 | Criminal history cheds | 2021.10.11 |
+| 3505017 | 2008.01.10 | Letter | 2021.10.11 |
+| 3505018 | 2008.03.18 | Transcript | 2021.10.11 |
+| 3505019 | 2008.06.19 | Starr submission to DAG | 2021.10.11 |
+| 3505020 | 2008.06.30 | Letter | 2021.10.11 |
+| 3505021 | 2008.07.10 | Letter | 2021.10.11 |
+| 3505022 | 2008.07.10 | Letter | 2021.10.11 |
+| 3505023 | 2008.09.02 | Letter | 2021.10.11 |
+| 3505024 | 2008.12.05 | Letter | 2021.10.11 |
+| 3505025 | 2009.02.09 | Complaint | 2021.10.11 |
+| 3505026 | 2009.02.13 | Plaintiff respome | 2021.10.11 |
+| 3505027 | 2009.03.23 | Plaintiff notice | 2021.10.11 |
+| 3505028 | 2009.06.17 | Letter | 2021.10.11 |
+| 3505029 | 2009.06.17 | Letter | 2021.10.11 |
+| 3505030 | 2009.08.13 | Transcript | 2021.10.11 |
+| 3505031 | 2009.08.31 | Transcript | 2021.10.11 |
+| 3505032 | 2009.08.31 | Summary report | 2021.10.11 |
+| 3505033 | 2009.09.10 | Medical records | 2021.10.11 |
+| 3505-034 | 2009.10.20 | Ctuestionaire | 2021.10.11 |
+| 3505035 | 2009.10.21 | Transcript | 2021.10.11 |
+| 3505036 | 2009.10.21 | Medical examination | 2021.10.11 |
+| 3505037 | 2009.10.24 | Notes | 2021.10.11 |
+| 3505038 | 2009.11.06 | Plaintiffs Notice | 2021.10.11 |
+| 3505039 | 2009.11.09 | Medical records | 2021.10.11 |
+| 3505040 | 2009.11.13 | Medical report | 2021.10.11 |
+| 3505041 | 2009.12.02 | Plaintiffs Notice | 2021.10.11 |
+| 3505042 | 2009.12.03 | Response | 2021.10.11 |
+| 3505043 | 2009.12.04 | Deposition | 2021.10.11 |
+| 3505044 | 2009.12.04 | Deposition | 2021.10.11 |
+| 3505045 | 2009.12.04 | Deposition EXhitit | 2021.10.11 |
+| 3505.046 | 2009.12.04 | Deposition Exhibit | 2021.10.11 |
+
+| 3505-047 | 2009.12.04 | Deposition Exhibit | 2021.10.11 |
+|----------|------------|------------------------------|------------|
+| 3505.048 | 2009.12.09 | Notes | 2021.10.11 |
+| 3505.049 | 2009.12.18 | Settlement Resolution Notice | 2021.10.11 |
+| 3505.050 | 2010.10.14 | Arrest report | 2021.10.11 |
+| 3505.051 | 2011.03.12 | FBI Report | 2021.10.11 |
+| 3505.052 | 2011.03.12 | FBI Report | 2021.10.11 |
+| 3505-053 | 2011.04.20 | Arrest report | 2021.10.11 |
+| 3505-054 | 2011.11.16 | Arrest report | 2021.10.11 |
+| 3505-055 | 2012.02.28 | Arrest report | 2021.10.11 |
+| 3505-056 | 2012.09.30 | Arrest report | 2021.10.11 |
+| 3505057 | 2013.03.07 | Arrest report | 2021.10.11 |
+| 3505-058 | 2014.02.26 | Transcript | 2021.10.11 |
+| 3505.059 | 2019.03.19 | Interview 302 | 2021.10.11 |
+| 3505-060 | 2019.03.19 | Notes | 2021.10.11 |
+| 3505.061 | 2019.07.23 | Email | 2021.10.11 |
+| 3505.062 | 2019.08.07 | Ema4 | 2021.10.11 |
+| 3505.063 | 2019.08.23 | Emasl | 2021.10.11 |
+| 3505-064 | 2020.02.25 | Ems] | 2021.10.11 |
+| 3505.065 | 2020.03.10 | Emasl | 2021.10.11 |
+| 3505-066 | 2020.07.07 | Ems] | 2021.10.11 |
+| 3505-067 | 2020.07.16 | Email | 2021.10.11 |
+| 3505-068 | 2020.07.17 | Interview 302 | 2021.10.11 |
+| 3505-069 | 2020.07.17 | Notes | 2021.10.11 |
+| 3505-070 | 2020.07.17 | Email | 2021.10.11 |
+| 3505-071 | | Attachment to email | 2021.10.11 |
+| 3505-072 | | Attachment to email | 2021.10.11 |
+| 3505-073 | 2020.08.11 | Notes | 2021.10.11 |
+| 3505-074 | 2020.08.11 | Interview 302 | 2021.10.11 |
+| 3505-075 | 2020.08.11 | Notes | 2021.10.11 |
+| 3505.076 | 2021.01.19 | Interview 302 | 2021.10.11 |
+| 3505.077 | 2021.01.19 | Notes | 2021.10.11 |
+| 3505.078 | 2021.01.20 | Criminal history check | 2021.10.11 |
+| 3505-079 | 2021.01.20 | Interview 302 | 2021.10.11 |
+| 3505-080 | 2021.01.20 | Notes | 2021.10.11 |
+| 3505-081 | 2021.01.21 | Interview 302 | 2021.10.11 |
+| 3505.082 | 2021.01.21 | Notes | 2021.10.11 |
+| 3505.083 | 2021.01.21 | Exhibit to notes | 2021.10.11 |
+| 3505084 | 2021.01.28 | Ems | 2021.10.11 |
+| 3505085 | 2021.03.29 | Grand Jury presentation | 2021.10.11 |
+| 3505-086 | 2021.03.29 | Transcript | 2021.10.11 |
+| 3505.087 | 2021.04.18 | Ems | 2021.10.11 |
+| 3505-088 | 2021.06.07 | Notes | 2021.10.11 |
+| 3505.089 | 2021.06.09 | Notes | 2021.10.11 |
+| 3505.090 | 2021.06.23 | Notes | 2021.10.11 |
+| 3505.091 | 2021.06.24 | Notes | 2021.10.11 |
+| 3505-092 | 2021.07.13 | Notes | 2021.10.11 |
+| 3505-093 | 2021.08.16 | Notes | 2021.10.11 |
+| 3505-094 | 2021.08.19 | Email | 2021.10.11 |
+| 3505-095 | 2021.08.19 | Text message | 2021.10.11 |
+| 3505-096 | 2021.08.19 | Text message | 2021.10.11 |
+| 3505-097 | 2021.08.26 | Notes | 2021.10.11 |
+| 3505-098 | | Notes | 2021.10.11 |
+| 3505-099 | | Notes | 2021.10.11 |
+| 3505-100 | | Answers to Interrogatories | 2021.10.11 |
+| 3505401 | | Criminal history check | 2021.10.11 |
+| 3505-102 | | Criminal history check | 2021.10.11 |
+| 3505-103 | | PlainUffsRmponw | 2021.10.11 |
+| 3505404 | | Plaintiffs Notice | 2021.10.11 |
+| 3505105 | | Photographs | 2021.10.11 |
+| 3505-106 | | Answers to Interrogatories | 2021.10.11 |
+| 3505-107 | | Criminal history check | 2021.10.11 |
+
+| 2021.10.11 |
+|------------|
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+
+| | Date | Description | Attorney Produced to Defense |
+|----------|------------|------------------------|------------------------------|
+| allIM | 2009.11.06 | Deposition transcript | 2021.10.11 |
+| 3505002 | 2021.06.23 | Interview 302 | 2021.10.11 |
+| 3505-003 | 2021.06.23 | Exhibit to notes | 2021.10.11 |
+| 3505-00S | 2021.06.23 | Notes | 2021.10.11 |
+| 3505-005 | 2021.07.13 | Notes | 2021.10.11 |
+| 3505-006 | 2021.07.15 | Notes | 2021.10.11 |
+| 3505-007 | 2021.08.24 | Text messages | 2021.10.11 |
+| 3505-008 | 2021.08.24 | Text messages | 2021.10.11 |
+| 3505-009 | 2021.08.27 | Notes | 2021.10.11 |
+| 3505-010 | | Criminal history check | 2021.10.11 |
+| 3505-011 | | Criminal history check | 2021.10.11 |
+| 3505-012 | | Criminal history check | 2021.10.11 |
+| 3505-013 | | Criminal history check | 2021.10.11 |
+| 3505-014 | | Text messages | 2021.10.11 |
+
+| 3507 3507001 | Date 2006.01.11 | Description Memorandum | Attorney Produced to Defense 2021 10 11 |
+|--------------|-----------------|--------------------------|-----------------------------------------|
+| 1507002 | 2006.07.13 | Palm Beach Police Report | 2021.10.11 |
+| 3507-003 | 2006.12.04 | Criminal history check | 2021.10.11 |
+| 3507-004 | 2007.01.11 | Interview 302 | 2021.10.11 |
+| 3507-005 | 2007.01.19 | Memorandum | 2021.10.11 |
+| 3507-006 | 2007.02.02 | Interview 302 | 2021.10.11 |
+| 3507-007 | 2007.02.02 | Notes | 2021.10.11 |
+| 3507-008 | 2007.02.02 | Exhibit to notes | 2021.10.11 |
+| 3507-009 | 2007.05.22 | Transcript | 2021.10.11 |
+| 3507-010 | 2007.07.30 | Declaration | 2021.10.11 |
+| 3507-011 | 2010.02.16 | Transcript | 2021.10.11 |
+| 3507-012 | 2021.09.27 | Interview 302 | 2021.10.11 |
+| 3507-013 | 2021.09.27 | Notes | 2021.10.11 |
+| 3507-014 | | Criminal history check | 2021.10.11 |
+| 3507-015 | | Criminal history check | 2021.10.11 |
+
+| a | Data | Description | ADemry Produced to Defense |
+|----------|------------|---------------|----------------------------|
+| | 2021.09.02 | Interview 302 | 2021.10.11 |
+| 3508-002 | 2021.09.02 | Notes | 2021.10.11 |
+| 3508-003 | 2021.10.18 | Notes | 1021.10.25 |
+
+| Date | Description | Attorney | Produced to Defense |
+|----------|-------------|---------------|---------------------|
+| 3509-001 | 2019.09.19 | Interview 302 | 2021.10.11 |
+| 3509-002 | 2019.09.19 | Notes | 2021.10.11 |
+| 3509-003 | 2019.11.14 | Interview 302 | 2021.10.11 |
+| 3509-004 | 2019.11.14 | Notes | 2021.10.11 |
+| 3509-005 | 2019.12.17 | Interview 302 | 2021.10.11 |
+| 3509-006 | 2019.12.17 | Notes | 2021.10.11 |
+| 3509-007 | 2020.01.17 | Complaint | 2021.10.11 |
+| 3509-008 | 2020.02.27 | Interview 302 | 2021.10.11 |
+| 3509-009 | 2020.02.27 | Notes | 2021.10.11 |
+| 3509-010 | 2020.03.20 | Email | 2021.10.11 |
+| 3509-011 | 2020.04.03 | Notes | 2021.10.11 |
+| 3509-012 | 2020.06.03 | Email | 2021.10.11 |
+| 3509-013 | 2020.06.08 | Email | 2021.10.11 |
+| 3509-014 | 2020.06.08 | Email | 2021.10.11 |
+| 3509-015 | 2020.06.26 | Email | 2021.10.11 |
+| 3509-016 | 2020.06.28 | Transcript | 2021.10.11 |
+| 3509-017 | 2020.07.12 | Email | 2021.10.11 |
+| 3509-018 | 2020.08.03 | Email | 2021.10.11 |
+| 3509-019 | 2020.08.03 | Email | 2021.10.11 |
+| 3509-020 | 2021.03.23 | Interview 302 | 2021.10.11 |
+| 3509-021 | 2021.03.23 | Notes | 2021.10.11 |
+| 3509-022 | 2021.08.17 | Notes | 2021.10.11 |
+| 3509-023 | 2021.09.02 | Interview 302 | 2021.10.11 |
+| 3509-024 | 2021.09.02 | Notes | 2021.10.11 |
+| 3509-025 | 2021.09.14 | Notes | 2021.10.11 |
+| 3509-026 | 2021.10.21 | Notes | 2021.10.11 |
+| 3509-027 | | Text messages | 2021.10.11 |
+| 3509-028 | 2021.10.13 | Notes | 2021.10.25 |
+| 3509-029 | 2021.10.14 | Notes | 2021.10.25 |
+
+| | Date | Desolation | Attorney Produced to Defense |
+|----------|------------|----------------------|------------------------------|
+| | 2020.01.14 | Interview 302 | 2021.10.11 |
+| 3510402 | 2020.01.14 | Notes | 2021.10.11 |
+| 3510-003 | 2020.06.28 | Grand iury transtrut | 2021.10.11 |
+| 3510.006 | 2021.05.03 | Notes | 1021.10.11 |
+| 3510.005 | 2021.08.30 | Interview 302 | 1021.10.11 |
+| 3510.006 | 2021.08.30 | Notes | 1021.10.11 |
+| 3510.007 | 2021.08.31 | Interview 302 | 2021.10.11 |
+| 3510.008 | 2021.08.31 | Notes | 2021.10.11 |
+| 3510-009 | 2021.09.01 | Text messages | 2021.10.11 |
+| 3510.010 | | Text messages | 2021.10.11 |
+| 3510-011 | | Text messages | 2021.10.11 |
+
+| 3511 —MIIII | Data | Description | Attorney Produced to Defense |
+|-------------|------------|---------------------|------------------------------|
+| | 2021.07.30 | Email | 2021.10.11 |
+| 3511-002 | 2021.08.05 | Email | 2021.10.11 |
+| 3511-003 | | Attachment to email | 2021.10.11 |
+
+| 3512 | Date | Description | Attorney | Produced to Defense |
+|----------|------------|--------------------------|----------|---------------------|
+| 3512-001 | 2003.10.15 | Palm Beach Police Report | | 2021.10.11 |
+
+| 3512-002 | | Palm Beath Po= ce firport | 2021.10.11 |
+|----------|------------|---------------------------|------------|
+| 3512.003 | | Palm Beath Po' ce Rcport | 2021.10.11 |
+| 3512.004 | 2021.05.19 | Notes | 2021.10.11 |
+| 3512.005 | 2021.06.08 | Notes | 2021.10.11 |
+| 3512.006 | 2021.07.13 | Notes | 2011.10.11 |
+
+| a 3513-001 3513-002 3513-003 3513-004 3513-00S 3513-006 3513-007 3513-008 | Date 1995.11.07 2019.08.27 2019.08.27 2019.08.27 2019.09.19 2019.09.19 2019.09.20 2019.10.03 | Description Letter Interview 302 Notes Transcript Interview 302 Notes Email FBI Report | Attorney Produced to Defense 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 |
+|---------------------------------------------------------------------------|----------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------|
+| 3513.009 | 2019.12.15 | Intenekw 302 | 2021.10.11 |
+| 3513-010 | 2019.12.15 | Notes | 2021.10.11 |
+| 3513.011 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-012 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-013 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-014 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-015 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-016 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-017 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-018 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-019 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-020 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-021 | 2019.12.15 | Exhibit to Notes | 2021.10.11 |
+| 3513-022 | 2019.12.27 | Email | 2021.10.11 |
+| 3513-023 | 2019.12.28 | Email | 2021.10.11 |
+| 3513-024 | 2020.06.28 | Transcript | 2021.10.11 |
+| 3511-02S | 2020.07.13 | Letter | 2021.10.11 |
+| 3511-026 | 2020.07.14 | Email | 2021.10.11 |
+| 3513-027 | 2020.07.14 | Transcript | 2021.10.11 |
+| 3511-028 | 2020.12.15 | Email | 2021.10.11 |
+| 3513-029 | 2021.03.29 | Transcript | 2021.10.11 |
+| 3511-030 | 2021.06.30 | Criminal historyreport | 2021.10.11 |
+| 3511-011 | 2021.07.27 | Interview 302 | 2021.10.11 |
+| 3511-032 | 2021.07.27 | Notes | 2021.10.11 |
+| 3513-033 | 2021.07.28 | Notes | 2021.10.11 |
+| 3511-034 | 2021.07.29 | Notes | 2021.10.11 |
+| 3511-035 | 2021.08.24 | Notes | 2021.10.11 |
+| 3511-036 | 2021.08.24 | Email | 2021.10.11 |
+| 3511-037 | 2021.09.01 | Interview 302 | 2021.10.11 |
+| 3513-038 | 2021.09.01 | Notes | 2021.10.11 |
+| 3511-039 | 2021.09.01 | Exhibit to Notes | 2021.10.11 |
+| 3513-000 | 2021.09.02 | Naes | 2021.10.11 |
+| 3511-001 | 2021.09.02 | Interview 302 | 2021.10.11 |
+| 3513-002 | 2021.09.02 | Exhibit to Notes | 2021.10.11 |
+| 3513-003 | 2021.09.02 | Exhibit to Notes | 2021.10.11 |
+| 3513.014 | 2021.09.02 | Exhibit to Notes | 2021.10.11 |
+| 3513-005 | 2021.09.03 | Notes | 2021.10.11 |
+| 3513-046 | 2021.10.06 | Criminal historyreport | 2021.10.11 |
+| 3513-007 | | NYS OVS Application | 2021.10.11 |
+| 3513-008 | | NYS OVS Application | 2021.10.11 |
+| 3513-009 | | NYS OVS Application | 2021.10.11 |
+| 3511-050 | | Text messages | 2021.10.11 |
+| 3511-051 | | Text messages | 2021.10.11 |
+| 3511-052 | | Text messages | 2021.10.11 |
+| 3513-053 | 2019.09.05 | Email | 2021.10.25 |
+| 3513-054 | | Attachment to email | 2021.10.25 |
+| 3513-055 | 2019.10.03 | Email | 2021.10.25 |
+| 3513-056 | 2019.10.03 | Email | 2021.10.25 |
+| 3513-057 | 2019.10.04 | Email | 2021.10.25 |
+| 3513-058 | 2019.10.15 | Email | 2021.10.25 |
+| 3513-059 | 2021.10.24 | Notes | 2021.10.25 |
+
+| 3514 | Date | Description | Attorney Produced to Defense |
+|----------|------------|---------------|------------------------------|
+| 3510.001 | 1006.11.15 | Interview 302 | 2021.10.11 |
+| 3510.002 | 2006.11.15 | Naes | 2021.10.11 |
+| 3510.003 | 2007.07.30 | Dedaration | 2021.10.11 |
+| 3510.004 | 2019.07.15 | Transcript | 2021.10.11 |
+| 3510.005 | 2019.08.27 | Transcript | 2021.10.11 |
+| 3510.006 | 2019.09.28 | Interview 302 | 2021.10.11 |
+| 3510.007 | 2019.09.28 | Notes | 2021.10.11 |
+| 3510.008 | 2019.09.29 | Email | 2021.10.11 |
+
+| 3514-009 | 2019.09.29 | Email | 2021.10.11 |
+|----------|------------|-------------------------|-----------------|
+| 3514-010 | 2019.10.28 | Email | 2021.10.11 |
+| 3514-011 | 2019.11.12 | Complaint | 2021.10.11 |
+| 3514-012 | 2020.05.09 | Notes | 2021.10.11 |
+| 3514-013 | 2020.06.28 | Transcript | 2021.10.11 |
+| 3514-014 | 2020.07.14 | Transcript | 2021.10.11 |
+| 3514-015 | 2020.12.15 | Email | 2021.10.11 |
+| 3514-016 | 2020.12.15 | Letter | 2021.10.11 |
+| 3514-017 | 2021.03.29 | Transcript | 2021.10.11 |
+| 3514-018 | 2021.05.11 | FBI Report | 2021.10.11 |
+| 3514-019 | 2021.06.29 | FBI Report | 2021.10.11 |
+| 3514-020 | 2021.06.29 | FBI Report | 2021.10.11 |
+| 3514-021 | 2021.06.30 | Criminal history report | 2021.10.11 |
+| 3514-022 | 2021.06.30 | Criminal history report | 2021.10.11 |
+| 3514-023 | 2021.07.26 | Interview 302 | 2021.10.11 |
+| 3514-024 | 2021.07.26 | Notes | 2021.10.11 |
+| 3514-025 | 2021.07.29 | Notes | 2021.10.11 |
+| 3514-026 | 2021.09.17 | Interview 302 | 2021.10.11 |
+| 3514-027 | 2021.09.17 | Notes | 2021.10.11 |
+| 3514-028 | 2021.09.17 | Exhibit to notes | 2021.10.11 |
+| 3514-029 | 2021.09.17 | Exhibit to notes | 2021.10.11 |
+| 3514-030 | 2021.09.18 | Notes | 2021.10.11 |
+| 3514-031 | | Photographs | 2021.10.11 |
+| 3514-032 | | Photographs | 2021.10.11 |
+| 3514-033 | | Photographs | 2021.10.11 |
+| 3514-034 | | Photographs | 2021.10.11 |
+| 3514-035 | | Photographs | 2021.10.11 |
+| 3514-036 | | Photographs | 2021.10.11 |
+| 3514-037 | | Photographs | 2021.10.11 |
+| 3514-038 | | Photographs | 2021.10.11 |
+| 3514-039 | | Photographs | 2021.10.11 |
+| 3514-040 | 2019.10.15 | Email | 2021.10.11 |
+| 3514-041 | | Photograph | 2021.10.11 |
+| 3514-042 | 2008.03.17 | Search Warrant | 2021.10.11 |
+| 3514-043 | 2008.03.17 | Search Warrant | 2021.10.11 |
+| | | | Sigrid McCawley |
+
+| 2021.10.11 |
+|------------|
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+
+| 3115 | Date | Description | Attorney Produced to Defense |
+|-----------|------------|---------------|------------------------------|
+| | 2020.08.24 | Interview 302 | 2021.10.11 |
+| 3515-002 | 2020.08.24 | Notes | 2021.10.11 |
+| 3515-003 | 2021.05.06 | Notes | 2021.10.11 |
+| 3515-00.4 | | Text messages | 2021.10.11 |
+| 3515-005 | | Text messages | 2021.10.11 |
+| 3515-006 | | Text messages | 2021.10.11 |
+
+| all= 3516-001 3516-002 3516-003 3516-004. 3516-005 3516-006 3516-007 3516-008 3516-009 3516-010 | Date Description 2020.12.18 Interview 302 2021.01.13 Interview 302 2021.01.13 Notes 2021.03.29 Transcript 2021.06.07 Notes 2021.06.22 Notes 2021.07.12 Notes 2021.07.16 Email 2021.07.16 Email Criminal history report | Attorney Produced tO Defense 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 2021.10.11 |
+|-------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------|
+| 3516.011 | Criminal history report | 2021.10.11 |
+| 3516.012 | Criminal history | 2021.10.11 |
+| 3516.013 | Criminal history report | 2021.10.11 |
+| 3516014 | Search records | 2021.10.11 |
+| 3516-015 | Criminal history report | 2021.10.11 |
+
+| 3517 | Date | Description | Attorney Produced to Defense |
+|----------|------------|-------------------------|------------------------------|
+| 3517.031 | 2006.08.17 | Crimisal history report | 2021.10.11 |
+| 3517-002 | 2006.08.17 | Interview 302 | 2021.10.11 |
+| 3517-003 | 2006.08.17 | Exhibit to 302 | 2021.10.11 |
+| 3517-004 | 2021.06.30 | Interview 302 | 2021.10.11 |
+| 3517-005 | 2021.06.30 | Notes | 2021.10.11 |
+| 3517-006 | 2021.06.30 | Exhibit to notes | 2021.10.11 |
+| 3517-007 | 2021.07.14 | Notes | 2021.10.11 |
+| 3517-008 | | Text messages | 2021.10.11 |
+| 3517009 | | Notes | 2011.10.11 |
+
+| SO W | | | | | |
+|----------|------------|-------|-------------|----------|---------------------|
+| | Deb | | Description | Attorney | Produced to Defense |
+| 3518-001 | 2019.09.16 | Notes | | | 2021.10.11 |
+| 3518-002 | 2021.09.24 | Notes | | | 2021.10.11 |
+
+| 3518-003 | 2021.09.27 | Notes | 2021.10.11 |
+|----------|------------|---------------------|------------|
+| 3518004 | 2021.09.27 | Email | 2021.10.11 |
+| 3518-005 | | Attachment to Email | 2021.10.11 |
+| 3518-006 | | Attachment to Email | 2021.10.11 |
+| 3518-007 | | Attachment to Email | 2021.10.11 |
+| 3518008 | | Attachment to Email | 2021.10.11 |
+| 3518-009 | | Attachment to Email | 2021.10.11 |
+| 3518010 | | Voicemail | 2021.10.11 |
+| 3518-011 | | Voicemail | 1021.10.11 |
+
+| | Date | | Description | Attorney | Produced to Defense |
+|----------|------------|-----------------------|-------------|----------|---------------------|
+| 3519-001 | 2021.04.26 | Notes | | | 2021.10.11 |
+| 3519-002 | | Criminal histcrycheds | | | 2021.10.11 |
+
+| .3 025. | | | |
+|----------|------------|-----------------|------------------------------|
+| | Date | Description | Attorney Produced to Defense |
+| | 2019.07.06 | F& 302 | 2021.10.11 |
+| 3520-002 | 2019.07.06 | Text message | 2021.10.11 |
+| 3520-003 | 2019.07.06 | Text message | 2021.10.11 |
+| 3520-006 | 2019.07.06 | Text message | 2021.10.11 |
+| 3520-005 | 2019.07.11 | FBI 302 | 2021.10.11 |
+| 3520-006 | 2019.07.11 | FBI 302 | 2021.10.11 |
+| 3520-007 | 2019.07.12 | FBI 302 | 2021.10.11 |
+| 3520-008 | 2019.07.15 | Email | 2021.10.11 |
+| 3520-009 | 2019.07.15 | Email | 2021.10.11 |
+| 3520-010 | 2019.07.31 | FBI 302 | 2021.10.11 |
+| 3520-011 | 2019.08.02 | FBI 302 | 2021.10.11 |
+| 3520-012 | 2019.08.02 | Email | 2021.10.11 |
+| 3520-013 | 2019.08.13 | Notes and email | 2021.10.11 |
+| 3520-014 | 2019.09.17 | Email | 2021.10.11 |
+| 3520-015 | 2020.05.22 | Email | 2021.10.11 |
+| 3520-016 | 2021.04.29 | Notes | 2021.10.11 |
+| 3520-017 | 2021.06.10 | Email | 2021.10.11 |
+| 3520-018 | | Notes | 2011.10.11 |
+
+| | Date | | Description | Attorney | Produced to Defense |
+|----------|------------|---------|-------------|----------|---------------------|
+| 3521-001 | 2021.01.29 | FBI 302 | | | 2021.10.11 |
+| 3521-002 | 2021.01.29 | Notes | | | 2021.10.11 |
+
+| Date | Description | Attorney | Produced to Defense |
+|----------|-------------|-------------------------------------|---------------------|
+| 3522-001 | 2003.10.05 | Palm Beach Police Department report | 2021.10.11 |
+| 3522-002 | 2005.09.23 | Palm Beach Police Department report | 2021.10.11 |
+| 3522-003 | 2005.11.07 | Palm Beach Police Department report | 2021.10.11 |
+| 3522-004 | 2006.09.29 | Grand Jury records | 2021.10.11 |
+| 3522-005 | 2021.05.09 | Email | 2021.10.11 |
+| 3522-006 | 2021.05.20 | Notes | 2021.10.11 |
+| 3522-007 | 2021.06.08 | Notes | 2021.10.11 |
+| 3522-008 | 2021.07.15 | Notes | 2021.10.11 |
+| 3522-009 | | Voicemail | 2021.10.11 |
+
+| | Date | Description | Attorney Produced to Defense |
+|----------|------------|-------------------------------------|------------------------------|
+| 3521001 | 2006.01.27 | T-Molele records | 2021.10.11 |
+| 3521002 | 2006.01.30 | Driver .formation | 2021.10.11 |
+| 3523-003 | 2006.02.13 | Palm Beach Police Department report | 2021.10.11 |
+| 3523-004 | 2006.08.15 | FBI 302 | 2021.10.11 |
+| 3523-005 | 2006.08.15 | Notes | 2021.10.11 |
+| 3523-006 | 2016.06.03 | Deposition transcript | 2021.10.11 |
+| 3523-007 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-008 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-009 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-010 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-011 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-012 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-013 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-014 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-015 | 2016.06.03 | Deposition exhibit | 2021.10.11 |
+| 3523-016 | 2019.07.06 | FBI 302 | 2021.10.11 |
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+| 3523-020 | 2020.06.28 | Grand jury transcript | 2021.10.11 |
+| 3523-021 | 2020.07.17 | Declaration | 2021.10.11 |
+| 3523-022 | 2021.03.29 | Grand jury transcript | 2021.10.11 |
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+| 3523-024 | 2021.08.17 | Notes | 2021.10.11 |
+
+| 3523-025 | 2021.08.18 | Notes | | 2021.10.11 |
+|----------|------------|------------|-----------------|------------|
+| 3523-026 | | Flight lop | | 2021.10.11 |
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+| 3523-028 | | Notes | | 2021.10.11 |
+| 3523-029 | | Notes | Brendan Quigley | 2021.10.11 |
+
+| 2021.10.11 |
+|------------|
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
+| 2021.10.11 |
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+| _MilillMil 3524-002 | Date 1006.08.01 2006.12.04 | Desaiptlon Records search Records search | Attorney Produced to Defense 2021.10.11 2021.10.11 |
+|---------------------|----------------------------|------------------------------------------|----------------------------------------------------|
+| 3524.003 | 2007.01.23 | W2 | 2021.10.11 |
+| 3524-004 | 2007.02.14 | Letter | 2021.10.11 |
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+| 3524-006 | 2010.03.15 | Deposition transcript | 2021.10.11 |
+| 3524-007 | 2019.07.06 | FBI 302 | 2021.10.11 |
+| 3524-008 | 2019.07.09 | Notes | 2021.10.11 |
+| 3524.009 | 2019.07.12 | FBI 302 | 2021.10.11 |
+| 3524-010 | 2019.07.12 | Notes | 2021.10.11 |
+| 3524.011 | 2019.09.10 | FBI 302 | 2021.10.11 |
+| 3524.012 | 2019.09.10 | Notes | 2021.10.11 |
+| 3524.013 | 2021.05.14 | FBI 302 | 2021.10.11 |
+| 3524-014 | 2021.05.14 | Notes | 2021.10.11 |
+| 3524-015 | 2021.05.10 | Proffer agreement | 2021.10.11 |
+| 3524.016 | 2021.08.20 | FRI 302 | 2021.10.11 |
+| 3524-017 | 2021.08.20 | Notes | 2021.10.11 |
+| 3524.018 | 2021.09.30 | Notes | 2021.10.11 |
+| 3524-019 | 2021.10.01 | Proffer agreement | 2021.10.11 |
+| 3524.020 | 2021.10.01 | Notes | 2021.10.11 |
+| 3524-021 | | Criminal history check | 2021.10.11 |
+| 3524.022 | | Criminal history check | 2021.10.11 |
+| 3524.023 | 2007.08.31 | Letter | 2021.10.11 |
+
+| 3525 | Date | Description | Attorney | Produced to Defense |
+|----------|------------|-------------|----------|---------------------|
+| 3525-001 | 2021.09.21 | Notes | | 2021.10.11 |
+| 3525-002 | 2021.09.21 | Email | | 2021.10.11 |
+| 3525-003 | 2021.09.21 | Voicemail | | 2021.10.11 |
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+| | Date | Description | Attorney Produced to Defense |
+|----------|------------|-------------|------------------------------|
+| 3526-001 | 2021 09.22 | Notes | 2021.10.11 |
+| 3526-002 | 2021 09.22 | Notes | 2021.10.11 |
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+| 3517 3527 002 3527-003 | Date 2006.11.27 2006.11.27 2009.10.15 | Description FBI 302 W2 Depasition transcript | Attorney Produced to Defense 2021.10.11 2021.10.11 2021.10.11 |
+|------------------------|---------------------------------------|----------------------------------------------|---------------------------------------------------------------|
+| 3527.004 | 2019.07.09 | FBI 302 | 2021.10.11 |
+| 3527-005 | 2020.10.07 | FBI 302 | 2021.10.11 |
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+| 3527-007 | 2020.10.07 | Exhibit for proffer | 2021.10.11 |
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+| 3527-012 | 2021.08.00 | Notes | 2021.10.11 |
+| 3527.013 | 2021.08.16 | Notes | 2021.10.11 |
+| 3527-014 | 2020.08.17 | Notes | 2021.10.11 |
+| 3527.015 | | Various notes | 2021.10.11 |
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+
+
+United States Attorney Southern District of New York
+
+The Si!lo J. Mollo Building One Saint Andrew's Plaza New York, New York 10007
+
+October 26, 2021
+
+## BY ECF
+
+The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse 40 Foley Square New York, New York 10007
+
+Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
+
+Dear Judge Nathan:
+
+The Government respectfully submits this letter in response to the Court's Order dated October 22, 2021, attaching the Court's draft preliminary remarks to be recorded and played before each questionnaire session and directing the parties to suggest any proposed edits by letter. (Dkt. No. 366). The Government has no objection to the Court's proposed remarks. However, the Government seeks clarification from the Court of the following line in the Court's draft remarks: "Throughout the selection process and if you are selected as a juror, although the lawyers and I will know your names, we will only refer to you in Court by your juror number." (Id. at 3). In particular, the Government respectfully requests that the Court clarify for the parties when during the July selection process that the parties will be provided with the names of prospective jurors.
+
+The Government understands that during the jury selection process, prospective jurors will only be referred to in open court by their juror numbers. The Government seeks confirmation that, consistent with the practice in other high profile cases in this District using jury questionnaires, the parties will be provided the prospective jurors' names no earlier than November 16, 2021, the day that oral voir dire begins. See, e.g., United States v. Skelos, 15 Cr. 317 (KMW); United States
+
+v. Kaloyeros, et at, 16 Cr. 776 (VEC); United States v. Percoco, et at, 16 Cr. 776 (VEC); cf. Oct. 12, 2021 Tr. at 7:14-8:1, United States v. Parnas, 19 Cr. 725 (JPO) (denying defense's request for a second day of jury selection to allow time for background research on potential jurors; no juror questionnaire used). Here, the time between the administration of the jury questionnaire, oral voir dire, and the start of trial is significantly more extended in light of, among other things, COVID-19 precautions.
+
+As the Court has noted, the purpose of the jury questionnaire process is to streamline challenges for cause. Juror identities are not necessary for that process. The Government submits that having identifying information for jurors for weeks in advance of selection would be unusual, and is not necessary, because "the purpose of the voir dire is to ascertain disqualifications, not to afford individual analysis in depth to permit a party to choose a jury that fits into some mold that he believes appropriate for his case." United States v. Barnes, 604 F.2d 121, 138 (2d Cir. 1979) (citations omitted). For similar reasons, the Government respectfully requests that peremptory challenges be exercised at the conclusion of voir dire and not on November 29, 2021, the day that trial is scheduled to commence.
+
+Accordingly, the Government respectfully requests that the Court clarify for the parties when during the jury selection process the parties will be provided with the names of prospective jurors.
+
+Respectfully submitted,
+
+DAMIAN WILLIAMS United States Attorney
+
+By: s/
+
+Assistant United States Attorneys Southern District of New York
+
+Cc: Defense Counsel (By ECF)
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diff --git a/marker2/ds9/EFTA00087739/EFTA00087739.md b/marker2/ds9/EFTA00087739/EFTA00087739.md
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+| From: | "[REDACTED]" < [REDACTED] > |
+|---------------------|------------------------------------------------------------------------------|
+| To: | "[REDACTED] (USANYS)" < [REDACTED] >, "[REDACTED] (NY) (FBI)" < [REDACTED] > |
+| Cc: | "[REDACTED]" < [REDACTED] > |
+| Subject: | [EXTERNAL] Re: [REDACTED] Interview |
+| Date: | Tue, 26 Oct 2021 18:31:18 +0000 |
+| Attachments: | [REDACTED] |
+
+Detective NYPD / FBI Child E loitation Human Trafficking Task Force Ofice:
+
+From: (USANYS) Sent: Saturday, October 23, 2021 2:42 PM To: Cc: Subject: • Interview (NY) (FBI)
+
+## CAUTION! EXTERNAL SENDER
+
+STOP WHEN UNSURE. Never click on links or open attachments if sender is unknown, and never provide user ID or password. Suspicious? Please report to this email address: reportphishing@nypd.org
+
+HIM, Can you please send us the notes for the email (and the 302 as soon as it is ready)?
+
+Thanks, Lara
+
+Assistant United States Attorney United States Attorney's Office Southern District of New York Tel
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+To:
+
+Cc: :Mr (USANYS)"
+
+Subject: black book
+
+Date: Tue, 26 Oct 2021 20:45:28 +0000
+
+Attachments: Pages\_from\_Epstein\_Blackbook\_OCR.pdf
+
+Could you please scan this page from the original black book and send it to us?
+
+Thanks!
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+From: ' To: Cc: USANYS)" < >, (USANYS)" USANYS "
+
+Subject: FW: U.S. v. Maxwell, Case No. 20 Cr. 330 (AN) [Ms. Maxwell's Fed. R. Evid. 412 Motion]
+
+Date: Thu, 28 Oct 2021 04:14:11 +0000
+
+Attachments: Ms. Maxwell's FRE 412 Motion.zip
+
+Inline-Images: image001.jpg
+
+Hi Chiefs,
+
+And here is the defense 412 motion. Our response is due Monday, and any hearing is tentatively set for November 5.
+
+Thanks,
+
+From: Nicole Simmons
+
+Sent: Wednesday, October 27, 2021 11:57 PM
+
+To: 'Nathan NYSD Chambers' •
+
+Cc: Jeff Pagliuca a Laura Menninger •ca
+
+(USANYS)
+
+Subject: [EXTERNAL] U.S. v. Maxwell, Case No. 20 Cr. 330 (AJN) [Ms. Maxwell's Fed. R. Evid. 412 Motion)
+
+Dear Judge Nathan:
+
+At the request of Jeffrey Pagliuca, please see attached Ms. Maxwell's Fed. R. Evid. 412 Motion and supporting documents.
+
+Regards,
+
+Nicole Simmons
+
+
+
+Nicole Simmons Haddon. Morgan and Foreman P.C.
+
+Denver, Colorado 80203
+
+www hmllow com
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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+x UNITED STATES OF AMERICA SUPERSEDING INDICTMENT S1 20 Cr. 330 (AJN) GHISLAINE MAXWELL, Defendant. x
+
+#### COUNT ONE (Conspiracy to Entice Minors to Travel to Engage in Illegal Sex Acts)
+
+The Grand Jury charges:
+
+#### OVERVIEW
+
+1. The charges set forth herein stem from the role of GHISLAINE MAXWELL, the defendant, in the sexual exploitation and abuse of multiple minor girls by Jeffrey Epstein. In particular, from at least in or about 1994, up to and including at least in or about 1997, MAXWELL assisted, facilitated, and contributed to Jeffrey Epstein's abuse of minor girls by, among other things, helping Epstein to recruit, groom, and ultimately abuse victims known to MAXWELL and Epstein to be under the age of 18. The victims were as young as 14 years old when they were groomed and abused by MAXWELL and Epstein, both of whom knew that certain victims were in fact under the age of 18.
+
+2. As a part and in furtherance of their scheme to abuse minor victims, GHISLAINE MAXWELL, the defendant, and Jeffrey Epstein enticed and caused minor victims to travel to
+
+Epstein's residences in different states, which MAXWELL knew and intended would result in their grooming for and subjection to sexual abuse. Moreover, in an effort to conceal her crimes, MAXWELL repeatedly lied when questioned about her conduct, including in relation to some of the minor victims described herein, when providing testimony under oath in 2016.
+
+# FACTUAL BACKGROUND
+
+3. During the time periods charged in this Indictment, GHISLAINE MAXWELL, the defendant, had a personal and professional relationship with Jeffrey Epstein and was among his closest associates. In particular, between in or about 1994 and in or about 1997, MAXWELL was in an intimate relationship with Epstein and also was paid by Epstein to manage his various properties. Over the course of their relationship, MAXWELL and Epstein were photographed together on multiple occasions, including in the below image:
+
+
+
+4. Beginning in at least 1994, GHISLAINE MAXWELL, the defendant, enticed and groomed multiple minor girls to engage in sex acts with Jeffrey Epstein, through a variety of means and methods, including but not limited to the following:
+
+a. MAXWELL first attempted to befriend some of Epstein's minor victims prior to their abuse, including by asking the victims about their lives, their schools, and their families. MAXWELL and Epstein would spend time building friendships with minor victims by, for example, taking minor victims to the movies or shopping. Some of these outings would involve MAXWELL and Epstein spending time together with a minor victim, while some would involve MAXWELL or Epstein spending time alone with a minor victim.
+
+b. Having developed a rapport with a victim, MAXWELL would try to normalize sexual abuse for a minor victim by, among other things, discussing sexual topics, undressing in front of the victim, being present when a minor victim was undressed, and/or being present for sex acts involving the minor victim and Epstein.
+
+c. MAXWELL'S presence during minor victims' interactions with Epstein, including interactions where the minor victim was undressed or that involved sex acts with Epstein, helped put the victims at ease because an adult woman . was present. For example, in some instances, MAXWELL would
+
+massage Epstein in front of a minor victim. In other instances, MAXWELL encouraged minor victims to provide massages to Epstein, including sexualized massages during which a minor victim would be fully or partially nude. Many of those massages resulted in Epstein sexually abusing the minor victims.
+
+d. In addition, Epstein offered to help some minor victims by paying for travel and/or educational opportunities, and MAXWELL encouraged certain victims to accept Epstein's assistance. As a result, victims were made to feel indebted and believed that MAXWELL and Epstein were trying to help them.
+
+e. Through this process, MAXWELL and Epstein enticed victims to engage in sexual activity with Epstein. In some instances, MAXWELL was present for and participated in the sexual abuse of minor victims. Some such incidents occurred in the context of massages, which developed into sexual encounters.
+
+5. GHISLAINE MAXWELL, the defendant, facilitated Jeffrey Epstein's access to minor victims knowing that he had a sexual preference for underage girls and that he intended to engage in sexual activity with those victims. Epstein's resulting abuse of minor victims included, among other things, touching a victim's breast, touching a victim's genitals, placing a sex toy such as a vibrator on a victim's genitals,
+
+directing a victim to touch Epstein while he masturbated, and directing a victim to touch Epstein's genitals.
+
+#### MAXWELL AND EPSTEIN'S VICTIMS
+
+6. Between approximately in or about 1994 and in or about 1997, GHISLAINE MAXWELL, the defendant, facilitated Jeffrey Epstein's access to minor victims by, among other things, inducing and enticing, and aiding and abetting the inducement and enticement of, multiple minor victims. Victims were groomed and/or abused at multiple locations, including the following:
+
+a. A a multi-story private residence on the Upper East Side of Manhattan, New York owned by Epstein (the "New York Residence"), which is depicted in the following photograph:
+
+
+
+b. An estate in Palm Beach, Florida owned by Epstein (the "Palm Beach Residence"), which is depicted in the following photograph:
+
+
+
+c. A ranch in Santa Fe, New Mexico owned by Epstein (the "New Mexico Residence"), which is depicted in the following photograph:
+
+
+
+d. MAXWELL's personal residence in London, England.
+
+7. Among the victims induced or enticed by GHISLAINE MAXWELL, the defendant, were minor victims identified herein as Minor Victim-1, Minor Victim-2, and Minor Victim-3. In particular, and during time periods relevant to this Indictment, MAXWELL engaged in the following acts, among others, with respect to minor victims:
+
+a. MAXWELL met Minor Victim-1 when Minor Victim-I was approximately 14 years old. MAXWELL subsequently interacted with Minor Victim-1 on multiple occasions at Epstein's residences, knowing that Minor Victim-1 was under the age of 18 at the time. During these interactions, which took place between approximately 1994 and 1997, MAXWELL groomed Minor Victim-1 to engage in sexual acts with Epstein through multiple means. First, MAXWELL and Epstein attempted to befriend Minor Victim-1, taking her to the movies and on shopping trips. MAXWELL also asked Minor Victim-1 about school, her classes, her family, and other aspects of her life. MAXWELL then sought to normalize inappropriate and abusive conduct by, among other things, undressing in front of Minor Victim-1 and being present when Minor Victim-1 undressed in front of Epstein. Within the first year after MAXWELL and Epstein met Minor Victim-1, Epstein began sexually abusing Minor Victim-1. MAXWELL was present for
+
+and involved in some of this abuse. In particular, MAXWELL involved Minor Victim-1 in group sexualized massages of Epstein. During those group sexualized massages, MAXWELL and/or Minor Victim-1 would engage in sex acts with Epstein. Epstein and MAXWELL both encouraged Minor Victim-1 to travel to Epstein's residences in both New York and Florida. As a result, Minor Victim-1 was sexually abused by Epstein in both New York and Florida. Minor Victim-1 was enticed to travel across state lines for the purpose of sexual encounters with Epstein, and MAXWELL was aware that Epstein engaged in sexual activity with Minor Victim-1 after Minor-Victim-1 traveled to Epstein's properties, including in the context of a sexualized massage.
+
+b. MAXWELL interacted with Minor Victim-2 on at least one occasion in or about 1996 at Epstein's residence in New Mexico when Minor Victim-2 was under the age of 18. Minor Victim-2 had flown into New Mexico from out of state at Epstein's invitation for the purpose of being groomed for and/or subjected to acts of sexual abuse. MAXWELL knew that Minor Victim-2 was under the age of 18 at the time. While in New Mexico, MAXWELL and Epstein took Minor Victim-2 to a movie and MAXWELL took Minor Victim-2 shopping. MAXWELL also discussed Minor Victim-2's school, classes, and family with Minor Victim-2. In New Mexico, MAXWELL began her efforts to groom Minor Victim-2 for abuse by Epstein by, among other things, providing
+
+an unsolicited massage to Minor Victim-2, during which Minor Victim-2 was topless. MAXWELL also encouraged Minor Victim-2 to massage Epstein.
+
+c. MAXWELL groomed and befriended Minor Victim-3 in London, England between approximately 1994 and 1995, including during a period of time in which MAXWELL knew that Minor Victim-3 was under the age of 18. Among other things, MAXWELL discussed Minor Victim-3's life and family with Minor Victim-3. MAXWELL introduced Minor Victim-3 to Epstein and arranged for multiple interactions between Minor Victim-3 and Epstein. During those interactions, MAXWELL encouraged Minor Victim-3 to massage Epstein, knowing that Epstein would engage in sex acts with Minor Victim-3 during those massages. Minor Victim-3 provided Epstein with the requested massages, and during those massages, Epstein sexually abused Minor Victim-3. MAXWELL was aware that Epstein engaged in sexual activity with Minor Victim-3 on multiple occasions, including at times when Minor Victim-3 was under the age of 18, including in the context of a sexualized massage.
+
+# MAXWELL'S EFFORTS TO CONCEAL HER CONDUCT
+
+8. In or around 2016, in the context of a deposition as part of civil litigation, GHISLAINE MAXWELL, the defendant, repeatedly provided false and perjurious statements, under oath, regarding, among other subjects, her role in facilitating the
+
+abuse of minor victims by Jeffrey Epstein, including some of the specific events and acts of abuse detailed above.
+
+#### STATUTORY ALLEGATIONS
+
+9. From at least in or about 1994, up to and including in or about 1997, in the Southern District of New York and elsewhere, GHISLAINE MAXWELL, the defendant, Jeffrey Epstein, and others known and unknown, willfully and knowingly did combine, conspire, confederate, and agree together and with each other to commit an offense against the United States, to wit, enticement, in violation of Title 18, United States Code, Section 2422.
+
+10. It was a part and object of the conspiracy that GHISLAINE MAXWELL, the defendant, Jeffrey Epstein, and others known and unknown, would and did knowingly persuade, induce, entice, and coerce one and more individuals to travel in interstate and foreign commerce, to engage in sexual activity for which a person can be charged with a criminal offense, in violation of Title 18, United States Code, Section 2422.
+
+#### Overt Acts
+
+11. In furtherance of the conspiracy and to effect the illegal object thereof, the following overt acts, among others, were committed in the Southern District of New York and elsewhere:
+
+a. Between in or about 1994 and in or about 1997, when Minor Victim-1 was under the age of 18, MAXWELL participated in multiple group sexual encounters with Epstein and Minor Victim-1 in New York and Florida.
+
+b. In or about 1996, when Minor Victim-1 was under the age of 18, Minor Victim-1 was enticed to travel from Florida to New York for purposes of sexually abusing her at the New York Residence, in violation of New York Penal Law, Section 130.55.
+
+c. In or about 1996, when Minor Victim-2 was under the age of 18, MAXWELL provided Minor Victim-2 with an unsolicited massage in New Mexico, during which Minor Victim-2 was topless.
+
+d. Between in or about 1994 and in or about 1995, when Minor Victim-3 was under the age of 18, MAXWELL encouraged Minor Victim-3 to provide massages to Epstein in London, England, knowing that Epstein intended to sexually abuse Minor Victim-3 during those massages.
+
+(Title 18, United States Code, Section 371.)
+
+# COUNT TWO (Enticement of a Minor to Travel to Engage in Illegal Sex Acts)
+
+The Grand Jury further charges:
+
+12. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within.
+
+13. From at least in or about 1994, up to and including in or about 1997, in the Southern District of New York and elsewhere, GHISLAINE MAXWELL, the defendant, knowingly did persuade, induce, entice, and coerce an individual to travel in interstate and foreign commerce to engage in sexual activity for which a person can be charged with a criminal offense, and attempted to do the same, and aided and abetted the same, to wit, MAXWELL persuaded, induced, enticed, and coerced Minor Victim-1 to travel from Florida to New York, New York on multiple occasions with the intention that Minor Victim-1 would engage in one or more sex acts with Jeffrey Epstein, in violation of New York Penal Law, Section 130.55.
+
+(Title 18, United States Code, Sections 2422 and 2.)
+
+## COUNT THREE (Conspiracy to Transport Minors with Intent to Engage in Criminal Sexual Activity)
+
+The Grand Jury further charges:
+
+14. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within.
+
+15. From at least in or about 1994, up to and including in or about 1997, in the Southern District of New York and elsewhere, GHISLAINE MAXWELL, the defendant, Jeffrey Epstein, and others known and unknown, willfully and knowingly did combine, conspire, confederate, and agree together and with each other to commit an offense against the United States, to
+
+wit, transportation of minors, in violation of Title 18, United States Code, Section 2423(a).
+
+16. It was a part and object of the conspiracy that GHISLAINE MAXWELL, the defendant, Jeffrey Epstein, and others known and unknown, would and did, knowingly transport an individual who had not attained the age of 18 in interstate and foreign commerce, with intent that the individual engage in sexual activity for which a person can be charged with a criminal offense, in violation of Title 18, United States Code, Section 2423(a).
+
+# Overt Acts
+
+17. In furtherance of the conspiracy and to effect the illegal object thereof, the following overt acts, among others, were committed in the Southern District of New York and elsewhere:
+
+a. Between in or about 1994 and in or about 1997, when Minor Victim-1 was under the age of 18, MAXWELL participated in multiple group sexual encounters with EPSTEIN and Minor Victim-1 in New York and Florida.
+
+b. In or about 1996, when Minor Victim-1 was under the age of 18, Minor Victim-1 was enticed to travel from Florida to New York for purposes of sexually abusing her at the New York Residence, in violation of New York Penal Law, Section 130.55.
+
+c. In or about 1996, when Minor Victim-2 was under the age of 18, MAXWELL provided Minor Victim-2 with an unsolicited massage in New Mexico, during which Minor Victim-2 was topless.
+
+d. Between in or about 1994 and in or about 1995, when Minor Victim-3 was under the age of 18, MAXWELL encouraged Minor Victim-3 to provide massages to Epstein in London, England, knowing that Epstein intended to sexually abuse Minor Victim-3 during those massages.
+
+(Title 18, United States Code, Section 371.)
+
+## COUNT FOUR (Transportation of a Minor with Intent to Engage in Criminal Sexual Activity)
+
+The Grand Jury further charges:
+
+18. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within.
+
+19. From at least in or about 1994, up to and including in or about 1997, in the Southern District of New York and elsewhere, GHISLAINE MAXWELL, the defendant, knowingly did transport an individual who had not attained the age of 18 in interstate and foreign commerce, with the intent that the individual engage in sexual activity for which a person can be charged with a criminal offense, and attempted to do so, and
+
+aided and abetted the same, to wit, MAXWELL arranged for Minor Victim-1 to be transported from Florida to New York, New York on multiple occasions with the intention that Minor Victim-1 would engage in one or more sex acts with Jeffrey Epstein, in violation of New York Penal Law, Section 130.55.
+
+(Title 18, United States Code, Sections 2423(a) and 2.)
+
+# COUNT FIVE (Perjury)
+
+The Grand Jury further charges:
+
+20. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within.
+
+21. On or about April 22, 2016, in the Southern District of New York, GHISLAINE MAXWELL, the defendant, having taken an oath to testify truthfully in a deposition in connection with a case then pending before the United States District Court for the Southern District of New York under docket number 15 Civ. 7433, knowingly made false material declarations, to wit, MAXWELL gave the following underlined false testimony:
+
+> Q. Did Jeffrey Epstein have a scheme to recruit underage girls for sexual massages? If you know.
+
+A. I don't know what you're talking about.
+
+- Q. List all the people under the age of 18 that you interacted with at any of Jeffrey's properties?
+- A. I'm not aware of anybody that I interacted with, other than obviously [the plaintiff] who was 17 at this point.
+
+(Title 18, United States Code, Section 1623.)
+
+## COUNT SIX (Perjury)
+
+The Grand Jury further charges:
+
+22. The allegations contained in paragraphs 1 through 8 of this Indictment are repeated and realleged as if fully set forth within.
+
+23. On or about July 22, 2016, in the Southern District of New York, GHISLAINE MAXWELL, the defendant, having taken an oath to testify truthfully in a deposition in connection with a case then pending before the United States District Court for the Southern District of New York under docket number 15 Civ. 7433, knowingly made false material declarations, to wit, MAXWELL gave the following underlined false testimony:
+
+- Q: Were you aware of the presence of sex toys or devices used in sexual activities in Mr. Epstein's Palm Beach house? A: No, not that I recall. . . . Q• Do you know whether Mr. Epstein possessed sex toys or devices used in sexual activities?
+- A. No.
+
+• • •
+
+- Q. Other than yourself and the blond and brunette that you have identified as having been involved in three-way sexual activities, with whom did Mr. Epstein have sexual activities?
+
+- A. I wasn't aware that he was having sexual activities with anyone when I was with him other than myself.
+
+- Q. I want to be sure that I'm clear. Is it your testimony that in the 1990s and 2000s, you were not aware that Mr. Epstein was having sexual activities with anyone other than yourself and the blond and brunette on those few occasions when they were involved with you?
+
+- A. That is my testimony, that is correct.
+
+• • •
+
+- Q. Is it your testimony that you've never given anybody a massage?
+
+- A. I have not given anyone a massage.
+
+Q• You never gave Mr. Epstein a massage, is that your testimony?
+
+- A. That is my testimony.
+
+Q• You never gave [Minor Victim-2] a massage is your testimony?
+
+- A. I never gave (Minor Victim-2] a massage.
+
+(Title 18, United States Code, Section 1623.)
+
+Zi Tte OF PERSON
+
+SA41'f AUDREY RAUSS Acting nited States Attorney Form No. USA-33s-274 (Ed. 9-25-58)
+
+# UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+## UNITED STATES OF AMERICA
+
+v .
+
+GHISLAINE MAXWELL,
+
+Defendant.
+
+# SUPERSEDING INDICTMENT
+
+S1 20 Cr. 330 (AJN)
+
+(18 U.S.C. §§ 371, 1623, 2422, 2423(a), and 2)
+
+AUDREY STRAUSS
+
+Acting United States Attorney
+
+Foreperson
\ No newline at end of file
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+To:
+
+Subject: Today's notes
+
+Date: Thu, 11 Feb 2021 21:35:55 +0000
+
+Attachments: 2021-02-11, \_ interview \_ notes.pdf
+
+Attached.
+
+Assistant United States Attorney Southern District of New York
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+
+
+# U.S. Department of Justice
+
+United States Attorney Southern District of New York
+
+Tht Sill Ill .1 Molt, Budding
+
+October 7, 2020
+
+# VIA ECF
+
+The Honorable Alison J. Nathan United States District Court Southern District of New York United States Courthouse
+
+Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
+
+Dear Judge Nathan:
+
+The Government respectfully submits this letter to provide additional information in response to the Court's prior inquiry regarding the Government's plan to obtain and review other investigative files, created and maintained by other offices, which are related to the abovereferenced case. In particular, at the initial conference in this matter on July 14, 2020, the Court asked the Government about its plan to ensure timely review the files of other agencies for potential disclosures in this case and highlighted the Court's expectation that the Government would be thoughtful and probing in its assessment of such a review. Consistent with the Government's commitment to take a thorough and transparent approach to its disclosure obligations, this letter outlines the relevant investigative files of which the Government is currently aware and describes the Government's approach as to each.
+
+# I. Background Regarding the Government's Rule 16 Discovery Productions
+
+The charges in this case arise out of an investigation conducted by the United States Attorney's Office for the Southern District of New York ("USAO-SDNY"), the Federal Bureau of Investigation ("FBI") New York Office, and the New York Police Department (the "NYPD") (collectively, the "Prosecution Team"). That investigation was opened in 2018 and remains ongoing. The Government has copies of the full investigative files for this case from the USAO-SDNY, the FBI New York Office, and the NYPD (the "Prosecution Team Files"). The bulk of the productions to date have come from the Prosecution Team Files. The Government is continuing to review the Prosecution Team Files for any additional materials that warrant disclosure.
+
+Specifically, to date, the Government has produced approximately 328,863 pages of discovery to the defense in this case. Those materials include, among other things, photographs, documents seized during searches, search warrants, search warrant applications, financial records, travel records, property records, phone records, law enforcement reports, and other subpoena
+
+returns. The Government is continuing the process of reviewing and preparing productions of electronic discovery materials, which include extractions of data from numerous electronic devices. The Government expects that it will meet the November 9, 2020 deadline for the completion of electronic discovery productions. Additionally, the Government recognizes that its disclosure obligations are ongoing, and the Government will continue to review the Prosecution Team Files for any additional discoverable or exculpatory materials. In particular, the Government is aware of its obligations under Brady v. Maryland, 373 U.S. 83 (1963) and its progeny, and will promptly produce any exculpatory material of which it becomes aware.
+
+The Government's Rule 16 discovery productions do not include witness statements or material under Giglio v. United States, 405 U.S. 150 (1972) and its progeny, consistent with the common practice and law within this Circuit. As indicated in a prior letter, the Government intends to produce all such materials to the defense well in advance of trial.' Specifically, although the parties have not yet conferred regarding a schedule for disclosure of witness statements, the Government is prepared to produce all statements and impeachment material for witnesses it expects to call at trial as early as four weeks prior to trial. Additionally, the Government is prepared to produce any statements by witnesses who it does not expect to call at trial as early as eight weeks prior to trial, subject to restrictions to protect those individuals' privacy to be negotiated by the parties.
+
+# II. Applicable Law Governing Disclosure of Other Investigative Files
+
+The disclosure obligations set forth in Federal Rule of Criminal Procedure 16, Brady, and Giglio apply to materials in the Government's "possession." As a general matter, though "[a]n individual prosecutor is presumed ... to have knowledge of all information gathered in connection with his office's investigation of the case[,] . knowledge on the part of persons employed by a different office of the government does not in all instances warrant the imputation of knowledge to the prosecutor . ." United States v. Avellino, 136 F.3d 249, 255 (2d Cir. 1998) (citations omitted); see also United States v. Locascio, 6 F.3d 924, 948-49 (2d Cir. 1993) (declining to "infer the prosecutors' knowledge simply because some other government agents knew about" additional evidence where federal prosecutors were unaware of documents in possession of FBI agents who were "uninvolved in the investigation or trial of the defendants"); United States v. Quinn, 445 F.2d 940, 944 (2d Cir. 1971) (declining to impute knowledge of prosecutor in Florida to prosecutor in New York and noting that the "Department of Justice alone has thousands of employees"). The imposition of such "an unlimited duty on a prosecutor to inquire of other offices not working with the prosecutor's office on the case in question would inappropriately require [courts] to adopt `a monolithic view of government' that would `condemn the prosecution of criminal cases to a state of paralysis.'" Avellino, 136 F.3d at 255 (quoting United States v. Gambino, 835 F. Supp. 74, 95 (E.D.N.Y. 1993)). Thus, discovery and disclosure obligations only extend to "information known
+
+1 The Government recognizes that its Brady obligations include the disclosure of witness statements containing exculpatory information. To date, the Government is not aware of any exculpatory material contained in any witness statements, but it will continued to review its files, including witness statements, for such material. If the Government becomes aware of any Brady material from any source, it will promptly disclose such material to the defense.
+
+to persons who are a part of the `prosecution team' . . . who perform investigative duties or make strategic decisions about the prosecution of the case," including "police officers and federal agents who submit to the direction of the prosecutor and participate in the investigation." United States v. Barcelo, 628 F. App'x 36, 38 (2d Cir. 2015) (quoting United States v. Stewart, 433 F.3d 273, 298 (2d Cir. 2006)).
+
+In considering whether Rule 16 and Brady apply to records in the possession of another government agency, a prosecutor's duty extends to reviewing such evidence only where the Government conducts a loint investigation" with that agency or branch of government. See United States v. Middendorf, No. 18 Cr. 36 (JPO), 2018 WL 3956494, at \*4-.5 (S.D.N.Y. Aug. 17, 2018) (no joint investigation between Government, Public Company Accounting Oversight Board ("PCAOB") and Securities and Exchange Commission ("SEC") where PCAOB was not involved in witness interviews or developing prosecutorial strategy, and SEC was not involved in the grand jury presentation, reviewing the fruits of the Government's investigation, or developing prosecutorial strategy); United States v. Collins, 409 F. Supp. 3d 228, 241-43 (S.D.N.Y. 2019) (no joint investigation between U.S. Attorney's Office and SEC where the two entities conducted a small number of joint interviews and engaged in limited sharing of information with each other); United States v. Finnerty, 411 F. Supp. 2d 428, 433 (S.D.N.Y. 2006) (no joint investigation between Government and New York Stock Exchange ("NYSE") where documents sought were "the product of an investigation that was undertaken by the NYSE of its own practices, and there [wa]s no suggestion that the Government participated in that investigation").
+
+Moreover, the involvement of agents from one component of an agency in an investigation does not render the entirety of that agency part of the prosecution team. See, e.g., United States v. Stein, 424 F. Supp. 2d 720, 723 (S.D.N.Y. 2006) ("While the prosecution's disclosure obligation in some circumstances may extend to materials beyond the knowledge of the individual prosecutors assigned to a case, it does not extend to the collective knowledge of the entire United States government or even to the entire government agency concerned."); see also Locascio, 6 F.3d at 949 (refusing to impute to AUSAs knowledge of reports prepared by FBI agents who were "uninvolved in the investigation or trial of the defendants"); cf. United States v. Ghailani, 687 F. Supp. 2d 365, 372 (S.D.N.Y. 2010) (holding that, in the context of a speedy trial motion, other members of the Department of Justice who were involved in making decisions about timing and progress of the case were part of the "government" for Rule 16 purposes).
+
+As the foregoing precedents recognize, the factors relevant in determining whether an agency or a component of an agency are part of the prosecution team, and therefore their records are in the "possession" of the Government include whether the agency or component: "(1) participated in the prosecution's witness interviews, (2) was involved in presenting the case to the grand jury, (3) reviewed documents gathered by or shared documents with the prosecution, (4) played a role in the development of prosecutorial strategy, or (5) accompanied the prosecution to court proceedings." Middendorf, 2018 WL 3956494, at \*4.
+
+# III. The Government's Plan to Review Certain Files from the Florida Investigation
+
+# A. Relevant Background Regarding the Florida Investigation (2005-2010)
+
+Between approximately 2005 and 2010, and as detailed further below, members of the Palm Beach Police Department, the Palm Beach State's Attorney's Office, the U.S Attorney's Office for the Southern District of Florida ("USAO-SDFL"), and the FBI's Palm Beach Resident Agency (the "FBI Florida Office") conducted a separate investigation and prosecution of Jeffrey Epstein for his sexual abuse of minors in Florida (the "Florida Investigative Team" and the "Florida Investigation," respectively). The Prosecution Team in this case had no involvement in the Florida Investigation, which predated the instant investigation by approximately eight years? Similarly, the Florida Prosecution Team and the agencies involved in the Florida Investigation have had no involvement in the investigative, charging, or prosecutorial strategy decisions of the Prosecution Team in this case. Accordingly, under the governing law of this Circuit as discussed above, there is no basis for deeming the Florida Prosecution Team a part of the current Prosecution Team, and the Government does not believe it has any legal obligation to obtain or review the investigative files of those agencies. As discussed below, however, the Government is nevertheless prepared to go significantly above and beyond its disclosure obligations by requesting files from the Florida Investigation that have at least some potential to contain materials that could be relevant to the instant case, and by reviewing and producing those materials as appropriate in this case.3
+
+2 As detailed herein, during the course of its investigation, the Prosecution Team has gathered some documents related to the Florida Investigation, principally consisting of the FBI Florida Office's case file for the Florida Investigation. Those materials are being treated as a part of the Prosecution Team's files and will be produced, to the extent covered by Rule 16 or any other disclosure obligation, to the defendant in this case.
+
+3 In addition to the Florida Investigation, the Government is aware, through public reporting among other means, of a number of other investigations into matters relating to Jeffrey Epstein. For example, it has been publicly reported that local agencies in the U.S. Virgin Islands, Paris, and London have conducted and may still be conducting investigations into Epstein, which may include investigation into his sexual abuse of minors. There has also been public reporting regarding investigations into Epstein's finances, including an investigation by the U.S. Attorney's Office in the U.S. Virgin Islands, and into the conditions of Epstein's confinement while serving his sentence following the Florida Investigation. Additionally, the USAO-SDNY conducted an investigation into Epstein's suicide and is currently prosecuting two corrections officers as a result of that investigation. See United States v. Noel and Thomas, 19 Cr. 830 (AT). Separately, the FBI ' ice investigated and ultimately prosecuted an em lo ee of E stein's named for obstruction of justice, see United States v. 0 Cr. 80015 (KAM), and the Prosecution Team has received some files from that case. The Government does not intend to further seek out or review the investigative files of any such cases, which are completely unrelated to the subject matter of the instant prosecution and/or have been conducted by entities that are not part of this Prosecution Team and, in some instances, the Department of Justice.
+
+#### B. The Government's Plan for Obtaining and Reviewing Certain Files from the Florida Investigation
+
+As an initial matter, beginning during the course of its investigation, the Government has obtained the entirety of the FBI Florida Office's case file from the Florida Investigation. The Government has already made productions from that file, is continuing to review that file, and intends to produce at the appropriate point any additional material in that file warranting disclosure in this case. That file includes, among other things, any FBI-302 of any relevant witness interview; any relevant materials obtained pursuant to federal grand jury subpoena as part of that investigation; and any relevant material seized during a search of Epstein's Palm Beach residence conducted as part of that investigation. The Government believes the FBI file contains substantially all of the prior witness statements made during the Florida Investigation, including, if applicable, any prior statements made by witnesses the Government intends to call at trial in this case.
+
+In total, the Government has identified six potential sources of material related to the Florida Investigation, and has been requesting and reviewing materials from those sources as follows:
+
+First, the Palm Beach Police Department ("PBPD") opened its investigation into Jeffrey Epstein in or about 2005. During the course of that investigation, the PBPD, among other things, conducted numerous witness interviews, issued multiple subpoenas for documents,4 and executed a search warrant at Epstein's Palm Beach Residence. In or about 2006, the PBPD referred its investigation to the FBI Florida Office. It is the Government's understanding that the PBPD provided its entire investigative file to the FBI Florida Office. As discussed above, the Prosecution Team already has a copy of the full FBI Florida Office file and, as such, has been reviewing and will continue to review the PBPD file for any material that warrants disclosure in this case. Additionally, the Government has contacted the Records Specialist at the PBPD, who informed the Government that the PBPD has no additional investigative files beyond what it already provided to the FBI Florida Office. Out of an abundance of caution, however, the Government asked the Records Specialist to provide the Prosecution Team with a copy of the files still in PBPD's possession related to the Florida Investigation. In response, the PBPD Records Specialist provided the Government with 60 pages of documents, which the Prosecution Team reviewed for any material that is non-duplicative and warrants disclosure in this case. The Prosecution Team has identified five of those pages as non-duplicative and intends to produce those five pages as part of its next discovery production to the defense.
+
+Second, the Palm Beach State's Attorney's Office (the "PBSA"), working with the PBPD, among other agencies, handled the Florida state investigation and prosecution of Jeffrey Epstein between approximately 2005 and 2010 (when Epstein completed his sentence). As a result of that investigation and prosecution, Epstein pled guilty to procuring an underage girl for prostitution and soliciting a prostitute. Prior to September 14, 2020, the Prosecution Team had never received any documents directly from the PBSA and did not have the PBSA's full investigative file.
+
+4 As detailed below, these subpoenas were issued by the Palm Beach State's Attorney's Office.
+
+Although the PBSA is not part of the Prosecution Team, the Government has nevertheless communicated with the PBSA and requested that the PBSA provide the Prosecution Team with its entire investigative file, to the extent it still exists. In response, on September 14, 2020, the PBSA provided the Prosecution Team with an electronic copy of its entire case file regarding the Florida Investigation, which consists of 4,421 pages of documents, 43 audio files, and 6 video files. The Government is reviewing that file for any material that is non-duplicative of other material previously obtained and that warrants disclosure in this case.
+
+Third, the FBI Florida Office conducted a prior federal investigation into Jeffrey Epstein between approximately 2006 and 2010. As noted above, the electronic files from the FBI Florida Office are accessible by the FBI New York Office, which has provided the Government with a complete set of FBI electronic files from both its Florida Office and its New York Office for this case. The Government has reviewed those files for discoverable materials. The physical files from the FBI Florida Office, which are contained in approximately 24 boxes, have all been transferred to the FBI New York Office and are in the possession of the Prosecution Team. Those files have been scanned and put into an electronic review platform. The Government has previously reviewed those files and is continuing to do so for discoverable materials. In addition, and as noted above, some items from the FBI Florida Office file have already been produced as part of prior discovery productions in this case.
+
+Fourth, the USAO-SDFL participated in the federal investigation of Jeffrey Epstein between approximately 2006 and 2010. Before today, the Prosecution Team had never received any documents from the USAO-SDFL and did not have the USAO-SDFL's investigative file. Indeed, aside from notifying the SDFL at an executive level that the SDNY was opening its own Epstein investigation in 2018, the Prosecution Team had no substantive communications with the USAO-SDFL about the Prosecution Team's investigation or prosecution until after indicting this case. However, after the initiation of this prosecution, the Government communicated with the USAO-SDFL and requested that the USAO-SDFL provide the Prosecution Team with a copy of its entire investigative file, so that the Prosecution Team could review the files for material that warrants disclosure in this case. The USAO-SDFL agreed to provide its entire file, which is contained in approximately 28 boxes, to the Prosecution Team. Accordingly, the Government hired a vendor to copy the entire USAO-SDFL file and load that file into an electronic review platform. The Government received the electronic copy of the USAO-SDFL file from the vendor today and intends to review that file for materials that warrant disclosure in this case.
+
+Fifth, internal Department of Justice emails relating to the prior Florida Investigation have been gathered by the Department of Justice's Office of Professional Responsibility ("OPR"), as part of its unrelated investigation into the resolution of the prior Florida Investigation.5 In particular, during the course of its investigation, OPR gathered a significant volume of emails, to the extent they had been preserved and remained accessible, from a number of USAO-SDFL attorneys, including a number of supervisors in that office and the primary line Assistant U.S. Attorney who worked on the Florida Investigation ("Attorney-1").
+
+5 This OPR investigation has been publicly acknowledged by the Department of Justice.
+
+Although the Government does not believe it has any obligation to gather or review emails sent or received by attorneys at the USAO-SDFL as part of their separate, prior investigation, the Government nonetheless intends to gather and review the emails sent to or from Attorney-1 to the extent those emails were preserved and gathered by OPR. As noted, Attorney- I was the primary line assistant on that investigation, and Attorney-1's emails are thus the most likely to contain communications with or regarding potential witnesses. The Government has already obtained Attorney-l's emails from OPR, and given the volume, the Government intends to load those emails into an electronic review platform and then conduct targeted searches of those emails for terms relevant to this case, including the defendant's name and the names of victims and witnesses. Based on our understanding of the USAO-SDFL investigation, we do not believe that there are a substantial number of overlapping victims or witnesses between that investigation and this prosecution. But to the extent searches of Attorney-1 's emails reveal non-duplicative Giglio or 3500 material for any such victims or witnesses, the Government will produce any such identified material consistent with any schedule for pre-trial disclosures set by the Court. The Government does not intend to request or review emails for any other USAO-SDFL or Department of Justice attorney or otherwise perform a comprehensive review of the internal e-mails of that prosecutor's office from its wholly separate investigation, including by asking for any other material gathered by OPR as part of its investigation.
+
+Sixth, beginning in or about 2019, attorneys with the United States Attorney's Office for the Southern District of Georgia ("USAO-SDGA") were designated to participate in the representation of the United States in civil litigation brought by Epstein victims for violations of the Crime Victim Rights Act ("CVRA") by the USAO-SDFL in connection with the Florida Investigation after the USAO-SDFL was recused from that civil litigation. The Government intends to contact the USAO-SDGA and ask whether it (a) had any substantive communications with witnesses relevant to this prosecution during its participation in the CVRA civil litigation, or (b) gathered any information regarding the defendant, Ghislaine Maxwell. If so, the Government will request any and all records regarding those topics and will review those records for materials that warrant disclosure in this case. Otherwise, the Government does not intend to request or review any materials from the USAO-SDGA.
+
+As noted above, none of these other offices or agencies has played any role in the investigation or prosecution of this case. In particular, none of these offices and agencies has participated in witness interviews or taken any other investigative steps with the Prosecution Team. Nor did any representative of these other offices or agencies play any role in developing strategy, making charging decisions, or presenting this case to the grand jury. Accordingly, although the Government maintains that none of these agencies is part of the Prosecution Team in this case, given the similarity of the nature of the conduct investigated in this case and the conduct investigated by those other offices and agencies, the Government is prepared to undertake the extensive efforts described above to obtain and review additional material. The Government will continue to produce any portion of those materials that warrants disclosure in this case, including in connection with its production of Giglio and 3500 material.
+
+Page 8
+
+#### **IV. Conclusion**
+
+Consistent with its representations to the Court at the initial conference in this matter, the Government is committed to maintaining a thorough, careful, and comprehensive approach to its disclosure obligations. The Government is prepared to address any questions the Court may have or to provide any additional information upon request.
+
+Respectfully submitted,
+
+AUDREY STRAUSS
+
+Acting United States Attorney
+
+By:
+
+![]()[REDACTED] / [REDACTED] / [REDACTED]
+
+Assistant United States Attorneys
+
+Southern District of New York
+
+Tel: [REDACTED]
+
+Cc: *All counsel of record*, via ECF
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+From: " )" < To: ' )" < Subject: FW: Date: Wed, 17 Feb 2021 23:15:51 +0000 >, ' (USANYS)"
+
+Can you guys give me a call if you have a moment?
+
+From: Sent: Wednesday, February 17, 2021 6:12 PM To: Cc: ) ; (USANYS) Subject: RE:
+
+was an AUSA who worked in both he Civil and Criminal Divisions before going to work for the U.S. Bankruptcy Trustee. Sadly, she passed way within the past month. I don't think she had any connection to the SD Fla. She worked a lot with when he was Chief of Public Corruption. She was really a great person.
+
+From: '\* => Sent: Wednesday, February 17, 2021 6:08 PM To: ) ‹ " Cc: Ic =>; (USANYS)
+
+Subject: Hi
+
+Hope you're both doing well! and=and I are currently briefing some issues in the Ghislaine Maxwell case, and we've come across a factual issue that we were hoping you might be able to help us with. The name i'MMa appears to be referenced in a file from the Southern District of Florida, and the defense is suggesting that this person worked at SDNY. If you could possibly help us figure out whether this person ever worked here, that would be incredibly helpful.
+
+Thanks so much,
+
+Assistant United States Attorney
+
+Southern District of New York
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+From: " " alMIE>
+
+To:"
+
+Cc: "
+
+Subject:
+
+Date: Tue, 11 Aug 2020 16:51:05 +0000
+
+Attachments: ranscript\_Vol\_l\_(6-24-16).pdf; 16).pdf ranscript\_Vol\_2\_(6-24-
+
+As we discussed, I'm attaching the deposition transcripts.
+
+Assistant United States Attorney Southern District of New York
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+From: "Blase. Nicholas (USANYSr
+
+To: MilarEM=M=ME
+
+Cc: "M EMEME MIS
+
+Subject: Maxwell
+
+Date: Thu, 17 Sep 2020 15:51:28 +0000
+
+This will probably sound ridiculous, but I promised I'd ask (since it's from a credible publication): A reporter has heard rumors that Maxwell claims she was in possession of video(s) Epstein captured of Dershowitz and other high-profile individuals at the time of her arrest and may be using them to negotiate with you...
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+### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+x UNITED STATES OF AMERICA v. GHISLAINE MAXWELL, Defendant. x
+
+S2 20 Cr. 330 (AJN)
+
+#### GHISLAINE MAXWELL'S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATED TO ACCUSER-3
+
+Christian R. Everdell COHEN & GRESSER LLP
+
+
+
+Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C.
+
+
+
+Bobbi C. Stemheim Law Offices of Bobbi C. Stemheim
+
+
+
+Attorneys for Ghislaine Maxwell
+
+## TABLE OF CONTENTS
+
+| | Page |
+|----------------------------------------------------------------------------|---------------------------------------------------------------------------------|
+| PRELIMINARY STATEMENT | 1 |
+| BACKGROUND | 2 |
+| ARGUMENT | 5 |
+| I. Applicable Law | 5 |
+| II. Evidence Related to Accuser-3 Is Not Proof of the Charged Conspiracies | 7 |
+| III. | Evidence Related to Accuser-3 Is Not Admissible Under Rule 404(6) and Should be |
+| Excluded Under Rule 403 | 10 |
+| IV. | In the Alternative, the Court Should Preclude the Government and Accuser-3 from |
+| by Epstein, and Give the Jury an Appropriate Limiting Instruction | 14 |
+| CONCLUSION | 16 |
+
+## TABLE OF AUTHORITIES
+
+| | Page(s) |
+|----------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------|
+| Cases | |
+| Daubert v. Merrell Dow Pharmaceuticals, Inc. ,
509 U.S. 579 (1993)..... | 12 |
+| Esquivel-Quintana v. Sessions ,
137 S. Ct. 1562 (2017)..... | 14 |
+| Grunewald v. United States ,
353 U.S. 391 (1957)..... | 8 |
+| Huddleston v. United States ,
485 U.S. 681 (1988)..... | 5, 6 |
+| Salinas v. United States ,
522 U.S. 52 (1997)..... | 8 |
+| United States v. Bagaric ,
706 F.2d 42 (2d Cir. 1983)..... | 6, 7, 8 |
+| United States v. Benussi ,
216 F. Supp. 2d 299 (S.D.N.Y. 2002), aff'd sub nom. United States v. Salmonese , 352 F.3d 608 (2d Cir. 2003) ..... | 8 |
+| United States v. Carboni ,
204 F.3d 39 (2d Cir. 2000)..... | 6 |
+| United States v. Concepcion ,
983 F.2d 369 (2d Cir. 1992)..... | 6 |
+| United States v. Cummings ,
60 F. Supp. 3d 434 (S.D.N.Y. 2014) vacated on other grounds 858 F.3d 763
(2d Cir. 2017)..... | 6, 7, 8, 9 |
+| United States v. Curley ,
639 F.3d 50 (2d Cir. 2011)..... | 5, 6, 11, 13 |
+| United States v. Dolney ,
No. 04-CR-159 (NGG), 2005 WL 2129169 (E.D.N.Y. Sept. 1, 2005) ..... | 10, 15 |
+| United States v. Figueroa ,
618 F.2d 934 (2d Cir. 1980)..... | 13 |
+
+| United States v. Garcia, | |
+|----------------------------------------------------------------------------------------|-------------|
+| 291 F.3d 127 (2d Cir. 2002) United States v. Mahsffr, | 11 |
+| Fed. App'x 797 (2d Cir. 2008) United States v. McCallum, | 9 |
+| 584 F.3d 471 (2d Cir. 2009) United States v. Mills, | 5, 6, 11 |
+| 895 F.2d 897 (2d Cir. 1990) United States v. Nektalov, | 12 |
+| 325 F. Supp. 2d 367 (S.D.N.Y. 2004) United States v. Pascarella, | 6, 8, 9, 10 |
+| 84 F.3d 61 (2d Cir. 1996) United States v. Sliker, | 11 |
+| 751 F.2d 477 (2d Cir. 1984) United States v. Townsend, | 12 |
+| No. S1 06 CR. 34 (JFK), 2007 WL 1288597 (S.D.N.Y. May 1, 2007) United States v. Walla, | 6, 9, 10 |
+| No. 14—CR-213 (MKB), 2014 WL 3734522 (S.D.N.Y. July 25, 2014) | 12 |
+
+# Statutes
+
+| 18 U.S.C. § 2422(a) | 7 |
+|---------------------|--------|
+| 18 U.S.C. § 2423(a) | 7 |
+| Mann Act | passim |
+
+# Other Authorities
+
+| Fed. R. Evid. 401 | 12 |
+|----------------------|--------|
+| Fed. R. Evid. 402 | 11, 12 |
+| Fed. R. Evid. 403 | passim |
+| Fed. R. Evid. 404(b) | passim |
+| Fed. R. Evid. 702 | 12 |
+| Fed. R. Evid. 704 | 12 |
+
+Ghislaine Maxwell respectfully moves in lintine to exclude evidence related to Accuser-31 because it is not probative of the charged conspiracies and inadmissible under Rule 404(b) and Rule 403 of the Federal Rules of Evidence. In the alternative, Ms. Maxwell respectfully moves (1) to preclude the government and Accuser-3 from referring to Accuser-3 as a "minor" or asserting that she was a "minor" at the time of the alleged sex acts, (2) to preclude the government and Accuser-3 from representing that she was "sexually abused" by Jeffrey Epstein, and (3) for an appropriate limiting instruction concerning Accuser-3's testimony.
+
+## PRELIMINARY STATEMENT
+
+The government and the defense agree on at least this much about Accuser-3:
+
+- I. She was not a minor in the United Kingdom when she alleges that she was sexually abused by Jeffrey Epstein in 1994-1995;
+- 2. She cannot establish that Ms. Maxwell or Jeffrey Epstein ever caused, or sought to cause, her to travel while she was a minor; and
+- 3. She cannot establish that she was a minor in the United States when she alleges that she engaged in sex acts with Jeffrey Epstein at his various residences.
+
+Even if we assume for the sake of argument that everything Accuser-3 alleges is true (which it is not), she has not alleged any illegal conduct whatsoever, much less conduct "in furtherance of" a conspiracy to entice or cause minor girls to travel to engage in unlawful sexual activity with Epstein.
+
+It seems evident that the government originally included Accuser-3's allegations in the indictment as evidence of the charged conspiracies because it did not know that she was above the age of consent in the U.K. The government presented Accuser-3's allegations to the grand jury incorrectly assuming that she was a minor and that the alleged sex acts between Epstein and
+
+This individual is described in the S2 Superseding Indictment as Minor Victim-3. Similarly, we refer to the individuals identified in the indictment as Minor Victim-I and Minor Victim-2 as Accuser-I and Accuser-2, respectively.
+
+Accuser-3 were illegal. Indeed, referring to Accuser-3 in the indictment as "Minor Victim-3" is entirely misleading — there is no evidence that she was a "minor" when any of the alleged sex acts took place.
+
+Nevertheless, even after the defense pointed out in our pretrial motions that Accuser-3 was not a minor and had not alleged any illegal conduct, the government repeated her allegations verbatim to the grand jury and in the S2 Superseding Indictment. This was not only misleading, it was also an end-run around Rule 404(b). Simply including the conduct alleged by Accuser-3 in the indictment does not mean that it is evidence of the charged conspiracies. The conduct alleged by Accuser-3 is not within the scope of the charged conspiracies and the Court should not admit this evidence as proof of those charges. Nor should the Court admit this evidence as "other act" evidence under Rule 404(b). This evidence would only be offered to show criminal propensity, despite the alleged conduct being entirely legal, and would mislead the jury and unfairly prejudice Ms. Maxwell. Accordingly, the Court should exclude evidence related to Accuser-3.
+
+# BACKGROUND
+
+The original indictment against Ms. Maxwell, filed on June 29, 2020, and the first superseding indictment, filed on July 8, 2020, included the following allegations related to Accuser-3:
+
+> MAXWELL groomed and befriended [Accuser-3] in London, England between approximately 1994 and 1995, including during a period of time in which MAXWELL knew that [Accuser-3] was under the age of 18. Among other things, MAXWELL discussed [Accuser-3's] life and family with [Accuser-3]. MAXWELL introduced [Accuser-3] to Epstein and arranged for multiple interactions between [Accuser-3] and Epstein. During those interactions, MAXWELL encouraged [Accuser-3] to massage Epstein, knowing that Epstein would engage in sex acts with [Accuser-3] during those massages. [Accuser-3] provided Epstein
+
+with the requested massages, and during those massages, Epstein sexually abused [Accuser-3]. MAXWELL was aware that Epstein engaged in sexual activity with [Accuser-3] on multiple occasions, including at times when [Accuser-3] was under the age of 18, including in the context of a sexualized massage.
+
+See Indictment (Dkt. 001) ¶ 7(c); S1 Superseding Indictment (Dkt. 017) ¶ 7(c). Both indictments also alleged the following as an overt act of the charged conspiracies: "Between in or about 1994 and in or about 1995, when [Accuser-3] was under the age of 18, MAXWELL encouraged [Accuser-3] to provide massages to Epstein in London, England, knowing that Epstein intended to sexually abuse [Accuser-3] during those massages." See Indictment (Dkt. 001) ¶¶ 11(d), 17(d); S 1 Superseding Indictment (Dkt. 017)¶¶ 11(d), 17(d).
+
+Ms. Maxwell filed a pretrial motion to strike the allegations related to Accuser-3 as surplusage on the grounds that they could not support the charged conspiracies and were unfairly prejudicial to Ms. Maxwell. See Def.'s Mem. in Supp. of Mot. to Strike Surplusage from Superseding Indictment (Dkt. 146) at 1-3, 6-9. Ms. Maxwell noted that (1) according to Accuser-3's own allegations, she was above the legal age of consent in the United Kingdom (16 years old) when the sex acts supposedly took place and therefore any sex acts that occurred were lawful and could not be considered "sexual abuse"; and (2) the indictment did not allege any travel by Accuser-3, in interstate or foreign commerce or otherwise, let alone as a result of any action taken by Ms. Maxwell or Epstein, which was a critical element of both charged conspiracies. Id. at 4-5.
+
+In its opposition, the government scrambled to paper over these problems by providing a much fuller proffer of Accuser-3's expected testimony. See Gov't Mem. in Opp. to Def.'s Pretrial Motions (Dkt. 204) at 158-59 & n.56. The government attempted to defend its use of the phrase "sexual abuse" by asserting that the description was "factually accurate" because
+
+Accuser-3 was expected to testify at trial that "her subjective experience of these acts with a much older man as traumatic, exploitative, and abusive." Id. at 162 n.57 (emphasis added). The government also represented for the first time that Accuser-3 is expected to testify that after the first two sexual encounters with Epstein in London, Epstein and Ms. Maxwell "invited [Accuser-3] to travel with them to Florida, the U.S. Virgin Islands, and New York" and that during the course of those trips, Accuser-3 gave Epstein additional massages during which they engaged in sex acts. Id. at 159. The government conceded, however, that Accuser-3 "does not recall whether she was 17 or 18 when she took her first trip at Epstein and the defendant's invitation." Id. Accordingly, Accuser-3 cannot establish that she was a minor when she traveled or when she allegedly engaged in sex acts with Epstein in the United States.
+
+Despite having been alerted to the problems with Accuser-3's evidence, the government repeated the same allegations related to Accuser-3 in the second superseding indictment filed after the pretrial motions were fully briefed. See S2 Superseding Indictment (Dkt. 187) ("S2 Indictment") ¶19(c), 13(d), 19(d). These included the misleading allegations that Accuser-3 was a "minor" and that Epstein had "sexually abused" her. Id.
+
+In its opinion and order denying Ms. Maxwell's motion to strike, the Court agreed that the indictment did not allege that Accuser-3 traveled in interstate commerce or was underage during sexual encounters with Epstein. 4/16/2021 Opinion and Order (Dkt. 207) at 27. Nevertheless, the Court stated that it could not "rule out that the allegations may reflect conduct undertaken in furtherance of the charged conspiracy or be relevant to prove facts such as Maxwell's state of mind." Id. The Court further stated that it would reserve the issue for trial and allow Ms. Maxwell to renew her motion then. Id.
+
+For the reasons stated below, the Court should not admit evidence related to Accuser-3 at trial as evidence of the charged conspiracies or as "other act" evidence under Rule 404(b). In the alternative, the Court should preclude the government and Accuser-3 from referring to Accuser-3 as a "minor" or asserting that Accuser-3 was a "minor" at the time of the alleged sex acts. The Court should also preclude the government and Accuser-3 from representing that Epstein "sexually abused" her and give the jury an appropriate limiting instruction that the alleged conduct was lawful and that the sexual activity cannot be considered "illegal" or "criminal" or "unlawful" for the purposes of the crimes charged in the indictment.2
+
+### ARGUMENT
+
+# I. Applicable Law
+
+Rule 404(6) of the Federal Rules of Evidence governs the admissibility of evidence of "crimes, wrongs, or acts" other than those charged in the indictment. United States v. Curley, 639 F.3d 50, 56 (2d Cir. 2011) (quoting Fed. R. Evid. 404(b)). The rule provides, in relevant part:
+
+- (1) Prohibited Uses. Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character.
+- (2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
+
+Fed. R. Evid. 404(b)(1)-(2). For other act evidence to be admissible under Rule 404(b), (1) it must be offered for a proper purpose, (2) it must be relevant to a disputed issue, and (3) the probative value of the evidence cannot be substantially outweighed by its potential for unfair
+
+2 For the same reasons, Ms. Maxwell also renews her motion to strike the allegations related to Accuser-3 from the S2 Indictment.
+
+prejudice pursuant to Rule 403; in addition, (4) at defendant's request, the district court should give the jury an appropriate limiting instruction. United States v. McCallum, 584 F.3d 471, 475 (2d Cir. 2009) (citing Huddleston v. United States, 485 U.S. 681, 691-92 (1988)). "'Other act' evidence serves a proper purpose so long as it is not offered to show the defendant's propensity to commit the offense." Curley, 639 F.3d at 57 (citing Fed. R. Evid. 404(b)).
+
+When the government must prove a conspiracy charge, evidence of other acts committed "in furtherance of the conspiracy" is not "other act" evidence under Rule 404(b), but rather, it is direct evidence of the acts charged in the Indictment. United States v. Townsend, No. SI 06 CR. 34 (JFK), 2007 WL 1288597, at \*1 (S.D.N.Y. May I, 2007) (citing United States v. Concepcion, 983 F.2d 369, 392 (2d Cir. 1992)). However, "other acts" are only admissible as evidence of a conspiracy "as long as they are within the scope of the conspiracy." United States v. Cummings, 60 F. Supp. 3d 434, 437 (S.D.N.Y. 2014) vacated on other grounds 858 F.3d 763 (2d Cir. 2017) (quoting United States v. Bagaric, 706 F.2d 42, 64 (2d Cir. 1983)).
+
+Evidence of uncharged conduct is not considered other act evidence under Rule 404(6) "if it [1] arose out of the same transaction or series of transactions as the charged offense, [2] if it is inextricably intertwined with the evidence regarding the charged offense, or [3] if it is necessary to complete the story of the crime on trial." United States v. Nektalov, 325 F. Supp. 2d 367, 370 (S.D.N.Y. 2004) (quoting United States v. Carboni, 204 F.3d 39, 44 (2d Cir. 2000)). However, "where it is not manifestly clear that the evidence in question is intrinsic proof of the charged crime, the proper course is to proceed under Rule 404(b)." Townsend, 2007 WL 1288597, at \*1 (citing Nektalov, 325 F. Supp. 2d at 372).
+
+## II. Evidence Related to Accuser-3 Is Not Proof of the Charged Conspiracies
+
+Accuser-3's allegations, which pertain only to the Mann Act conspiracies charged in Counts One and Three of the S2 Indictment, are irrelevant to the charged conspiracies and do not offer any proof supporting those charges. The S2 Indictment alleges that Ms. Maxwell conspired with Epstein to (i) violate 18 U.S.C. § 2422(a), with the objective of enticing one or more individuals to travel in interstate and foreign commerce for the purpose of engaging in unlawful sexual activity (S2 Indictment¶¶ 11-12); and (ii) violate 18 U.S.C. § 2423(a), with the objective of transporting an individual under age 18 with the intent that the individual engage in unlawful sexual activity (id. ¶¶ 17-18). As an overt act in furtherance of these conspiracies, the government alleges that Ms. Maxwell "encouraged [Accuser-3] to provide massages to Epstein in London, England, knowing that Epstein intended to sexually abuse [Accuser-3] during those massages." Id. ¶¶ 13(d), 19(d) (emphasis added). The Indictment further alleges that Epstein "sexually abused" Accuser-3. Id. ¶ 9c.
+
+There is no cogent basis for the government to assert that Accuser-3's allegations are direct evidence of the charged conspiracies. The object of the alleged conspiracies was to entice or cause one or more minors to travel in interstate or foreign commerce in order to engage in unlawful sexual activity. The government concedes that Accuser-3 (1) was not a minor under U.K. law when she allegedly engaged in sex acts with Epstein in London, (2) cannot establish that she was invited to travel to the United States when she was under the age of 18, and (3) cannot establish that she was a minor when she allegedly engaged in sex acts with Epstein in the United States. See Gov't Mem. in Opp. to Def.'s Pretrial Motions (Dkt. 204) at 158-59, 162-163 & nn.57-58. Accuser-3 will therefore not provide any proof that Ms. Maxwell "furthered" an alleged conspiracy to cause minors to travel for the purpose of engaging in unlawful sexual activity. Accordingly, the conduct she alleges is not "within the scope of the conspiracy" and
+
+should not be admitted as evidence of the conspiracies. See Cummings, 60 F. Supp. 3d at 437 (quoting Bagaric, 706 F.2d at 64); see also United States v. Benussi, 216 F. Supp. 2d 299, 311 (S.D.N.Y. 2002), affd sub nom. United States v. Sabnonese, 352 F.3d 608 (2d Cir. 2003) (the "scope of the conspiratorial agreement" is the key to determining whether "an overt act may properly be regarded as in furtherance of the conspiracy" (quoting Grunewald v. United States, 353 U.S. 391, 397 (1957)).
+
+In its opposition to Ms. Maxwell's motion to strike, the government argued that because a conspiracy "does not require a completed substantive crime," Accuser-3's allegations could still be admitted as direct proof of the charged conspiracies even though she did not travel as a minor or engage in illegal sex acts because Ms. Maxwell allegedly "groomed" her to engage in those sex acts. Gov't Mem. in Opp. to Def.'s Pretrial Motions (Dkt. 204) at 161-163 (citing Salinas v. United States, 522 U.S. 52, 65 (1997)). That argument misses the mark. While it is true that a conspiracy does not require a completed substantive crime, Salinas itself states that "[a] conspirator must intend to further an endeavor which, if completed, would satisfy all of the elements of a substantive criminal offense." Salinas, 522 U.S. at 65. As to Accuser-3, the completed endeavor—La, her alleged sex acts with Epstein—was not a substantive criminal offense. Even if we accept her allegations as true (which we do not), there is nothing unlawful about encouraging an adult to engage in entirely lawful sex acts. Hence, Accuser-3's allegations are not direct proof of the charged conspiracies regardless of whether Ms. Maxwell allegedly "groomed" her (which she did not).
+
+The Court should not admit Accuser-3's allegations as intrinsic proof of the charged conspiracies either. See Nektalov, 325 F. Supp. 2d at 370 (listing three categories of "intrinsic" proof not considered Rule 404(b) evidence). The Mann Act conspiracies in the S2 Indictment
+
+allege three distinct episodes of alleged sexual abuse, in three different locations, involving three separate accusers. The allegations of Accuser-3 stand on their own and are not "inextricably intertwined" with the allegations of Accuser-1 or Accuser-2, nor do they stem from "the same series of transactions." In fact, they have no bearing on or connection to those allegations whatsoever. Because Accuser-Vs allegations are conceptually distinct, they are also not "necessary to complete the story" of the charged conspiracies. See Cummings, 60 F. Supp. 3d at 438 (defendant's prior crack arrests and firearms conviction not sufficiently connected to underlying conspiracy to distribute crack and possessing firearms to be admissible); Townsend, 2007 WL 1288597, at \*2 (defendant's prior narcotics and firearm transactions with the same confidential informant not "inextricably intertwined" with the charged narcotics conspiracy, even though the conduct was "generally similar to the conduct underlying the offenses charged in the indictment"); United States v. Mahal, 477 F. Supp. 2d 560, 566 (E.D.N.Y. 2007) vacated in part on other grounds 285 Fed. App'x 797 (2d Cir. 2008) (similar prior financial crime not inextricably linked to the charged crime where prior act "was a separate, discrete offense that may be conceptually segregated from the charged offenses without impairing the jury's ability to understand the facts underlying the schemes alleged in the indictment"); Nektalov, 325 F. Supp. 2d at 369-70 (prior similar money laundering transactions between defendant and cooperating witness not "inextricably intertwined" with the charged money laundering offense or "necessary to complete the story" of the charged conspiracy (emphasis in original)).
+
+The fact that the government included Accuser-3's allegations in the S2 Indictment is of no consequence. Although Rule 404(b) typically governs the admissibility of "other acts" that are not charged in the indictment, in this case, the government evidently charged the conduct under the mistaken belief that Accuser-3 was a minor when she engaged in sex acts with Epstein: Q. And did you also testify earlier that . .. [Accuser-3] told you that Maxwell asked her to give Epstein massages when she was a minor?
+
+A. Yes.
+
+3513-024 (6/29/2020 Grand Jury Testimony of FBI Special Agen 11 (emphasis added) (attached as Exhibit A). The government repeated this error when they returned the S2 Indictment. See 3513-029 (3/29/2021 Grand Jury Testimony of NYPD Detective MM) at 11 (attached as Exhibit B). The government's error in including Accuser-3's allegations in the indictment does not somehow convert this evidence into proof of the charged conspiracies. Such a rule would allow the government to entirely circumvent Rule 404(b) simply by charging other act conduct in the indictment.
+
+Moreover, without a proper limiting instruction, there is a serious risk that the July will view this lawful conduct as evidence of criminal propensity. See United States v. Dothey, No. 04-CR-159 (NGG), 2005 WL 2129169, at \*2 (E.D.N.Y. Sept. 1, 2005) (benefit of applying Rule 404(b) is "the value that a limiting instruction will have in ensuring that the jury does not view the defendants' alleged prior conduct as evidence of the defendants' propensity to engage in criminal activity"). At the very least, it is not "manifestly clear" that the evidence related to Accuser-3 is proof of the charged Mann Act conspiracies. Accordingly, "the proper course is to proceed under Rule 404(b)." Townsend, 2007 WL 1288597, at \*1 (citing Nektalov, 325 F. Supp. 2d at 372).
+
+### III. Evidence Related to Accuser-3 Is Not Admissible Under Rule 404(b) and Should be Excluded Under Rule 403
+
+The Court should also not admit evidence related to Accuser-3 as Rule 404(b) evidence because it will be offered solely to show Ms. Maxwell's criminal propensity and will be unfairly prejudicial to Ms. Maxwell and will mislead the jury into believing that the alleged sex acts between Epstein and Accuser-3 were unlawful.;
+
+The Second Circuit takes an "inclusionary approach" to Rule 404(b) evidence, which admits "other act" evidence "that does not serve the sole purpose of showing the defendant's bad character and that is neither overly prejudicial under Rule 403 nor irrelevant under Rule 402. Curley, 639 F.3d at 56 (citing United States v. Pascarella, 84 F.3d 61, 69 (2d Cir. 1996)). The inclusionary approach, however, does not permit the government "to offer, carte blanche, any prior act of the defendant in the same category of [activity]." McCallum, 584 F.3d at 475 (quoting United States v. Garcia, 291 F.3d 127, 137 (2d Cir. 2002)). If other act evidence is offered for the purpose of establishing the defendant's knowledge or intent, the government must "identify a similarity or connection between the two acts that makes the prior act relevant to establishing knowledge of the current act." Id. (quoting Garcia, 291 F.3d at 137).
+
+The government has argued that the conduct alleged by Accuser-3 is admissible under Rule 404(b) to prove Ms. Maxwell's knowledge, intent, and modus operandi. See Gov't Mem. in Opp. to Def.'s Pretrial Motions (Dkt. 204) at 167. This argument is unavailing. Accuser-3's evidence could not possibly be proof that Ms. Maxwell knew of Epstein's "attraction to minor girls" and knew that Epstein used massage to initiate sexual contact "with minor girls" because Accuser-3 was not a minor when the alleged sex acts took place. Id. For the same reason, Accuser-3's evidence could not possibly be proof that Ms. Maxwell "intended for minor girls to engage in sex acts with Epstein." Id.
+
+3 As noted in Ms. Maxwell's Motion in Limine to Exclude the Government's Rule 404(b) Evidence, the government did not give proper 404(b) notice with respect to any of its proposed 404(b) evidence, which includes Accuser-3's evidence. Nevertheless, we respond on the merits to the admissibility of Accuser-3's evidence under Rule 404(b) in the event the Court determines that the government's additional disclosures concerning Accuser-3 in its Memorandum in Opposition to Defendant's Pretrial Motions are sufficient to satisfy its notice obligations under Rule 404(b). See Gov't Mem. in Opp. to Def.'s Pretrial Motions (Dkt. 204) at 157-169.
+
+The government's modus operandi argument appears to rest on the premise that "grooming," however broadly that may be defined, constitutes a distinctive pattern of criminal activity. See id.4 As the government itself pointed out, the characteristics of the modus operandi must be "sufficiently idiosyncratic to permit a fair inference of a pattern's existence." United States v. Sliker, 751 F.2d 477, 487 (2d Cir. 1984)); see also United States v. Walla, No. 14—CR-213 (MICE), 2014 WL 3734522, at \*13 (S.D.N.Y. July 25, 2014) ("Rule 404(b) permits evidence of similar acts to prove a `signature crime,' i.e., a modus operandi where the crimes are `so nearly identical in method as to ear-mark them as the handiwork of the accused."' (quoting United States v. Mills, 895 F.2d 897, 907 (2d Cir. 1990)). Here, Accuser-3 alleges that Ms. Maxwell asked her "about her life and family," as she is alleged to have done with the other accusers. Gov't Mem. in Opp. to Def.'s Pretrial Motions (Dkt. 204) at 158. But engaging in social pleasantries and polite conversation does not in any way establish a unique or "signature" pattern of behavior. See Walla, 2014 WL 3734522, at \*13 (prior acts that share similarities with the charged offenses do not establish a modus operandi without a "signature" pattern of conduct) (collecting cases). In sum, Accuser-3's evidence will not be offered for any permissible purpose under Rule 404(b) and will just serve as evidence of criminal propensity. The Court should therefore exclude it.
+
+The Court should also exclude Accuser-3's evidence under Rule 403 because it will unfairly prejudice Ms. Maxwell and mislead the jury as to the legality of the alleged conduct and the purpose of its admission. Rule 403 provides that relevant evidence "may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the
+
+Ms. Maxwell has moved separately to exclude the testimony of the government's proposed expert witness concerning "grooming" under Federal Rules of Evidence 401, 402, 403, 404, 702, 704, and Dauber( v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
+
+issues, or misleading the jury, or by considerations of undue delay, [or] waste of time." Fed. R. Evid. 403. According to the government, Accuser-3 is expected to testify that she was "sexually abused" by Epstein, not because she was underage and incapable of consent by law, but because her "subjective experience" of these incidents was that they were "traumatic, exploitative, and abusive." Gov't Mem. in Opp. to Def.'s Pretrial Motions (Dkt. 204) at 162 n.57. If Accuser-3 is allowed to testify that she felt she was "sexually abused" by Epstein, the jury will naturally assume that the alleged sex acts were illegal, when they were not. Indeed, even if she is not allowed to use the phrase "sexual abuse," the mere fact that Accuser-3 will be testifying about alleged sex acts that she participated in with a much older man when she was 17 years old will likely lead the jury to assume that the conduct was illegal, especially after they have heard the expected testimony of the other accusers in this case.
+
+Hence, there is a strong likelihood that the jury will be misled by Accuser-3's evidence and will misapply it in evaluating Ms. Maxwell's guilt or innocence to the charged Mann Act conspiracies, both of which require that Ms. Maxwell acted with the intent that the accusers would engage in illegal or criminal sexual activity. This risk substantially outweighs the limited probative effect of Accuser-3's evidence. Even if the Court were to give the jury an appropriate limiting instruction, there is a substantial risk that it would not be sufficient to ensure that the jury did not misinterpret or misapply this evidence. See Curley, 639 F.3d at 60 (quoting United States v. Figueroa, 618 F.2d 934, 946 (2d Cir. 1980) ("limiting instructions cannot be regarded as a guaranty against prejudice")). Accordingly, the Court should exclude Accuser-3's evidence.
+
+### IV. In the Alternative, the Court Should Preclude the Government and Accuser-3 from Representing that Accuser-3 Was a "Minor," or that She Was "Sexually Abused" by Epstein, and Give the Jury an Appropriate Limiting Instruction
+
+If the Court determines that the evidence related to Accuser-3 is admissible, either as direct evidence of the charged conspiracies or as 404(b) evidence, the Court should (I) preclude the government and Accuser-3 from referring to Accuser-3 as a "minor" or asserting that she was a "minor" at the time of the alleged sex acts, (2) preclude the government and Accuser-3 from representing that she was "sexually abused" by Jeffrey Epstein, and (3) give the July an appropriate limiting instruction related to Accuser-3's testimony.
+
+The government concedes that Accuser-3 alleges that she was 17 years old and above the age of consent in the U.K. when she purportedly engaged in sex acts with Epstein in London. The government further concedes that Accuser-3 cannot establish that she was under the age of 18 when she alleges that she first traveled to the United States and engaged in sex acts with Epstein at his residences. Accuser-3 was therefore not a minor under the laws of the relevant jurisdictions when the alleged sex acts and the alleged international travel took place. It follows that the Court should not permit the government or Accuser-3 to refer to herself as a "minor" or claim that she was a minor when she allegedly engaged in sex acts with Epstein.
+
+Similarly, the Court should not permit the government and Accuser-3 to assert that she was "sexually abused" by Epstein. The phrase "sexual abuse" connotes criminal activity, even though the alleged conduct was lawful. See Esquivel-Quintana v. Sessions, 137 S. Ct. 1562, 1569 (2017) ("'Sexual abuse of a minor,' the Government accordingly contends, 'most naturally connotes conduct that (1) is illegal, (2) involves sexual activity, and (3) is directed at a person younger than 18 years old."') (quoting government's brief) (emphases added). Notwithstanding Accuser-3's "subjective experience" of these incidents, the use of the phrase "sexual abuse" should not be allowed because it will mislead the jury into thinking that Accuser-3 engaged in "criminal sexual activity" with Epstein. That, in turn, may cause the jury to improperly convict Ms. Maxwell based on a false assumption.
+
+Finally, the Court should give the jury an appropriate limiting instruction to ensure that the July understands that the alleged conduct was not unlawful and does not consider it as improper propensity evidence. If Accuser-3 is allowed to testify that she engaged in sex acts with Epstein in London when she was 17, as the government has proffered, the jury will almost certainly assume that the alleged conduct was unlawful, as it would be in certain U.S. states, and that the testimony is being offered to prove that Epstein and Accuser-3 engaged in "illegal sexual activity" in London. Accordingly, if Accuser-3 is allowed to testify, we request that the Court give the jury a limiting instruction containing the following points:
+
+- The legal age of consent for sexual activity in the United Kingdom is 16 years old. That was also the legal age of consent from 1994- 1995, when Accuser-3 alleges she engaged in sex acts with Jeffrey Epstein in London when she was 17 years old.
+- The alleged conduct that Accuser-3 has described in her testimony was therefore not illegal. If you find that these incidents took place, I instruct you that this sexual activity cannot be considered "illegal" or "criminal" or "unlawful" for purposes of the crimes charged in the indictment.
+
+If the Court determines that Accuser-3's testimony may be admitted as 404(b) evidence, Ms. Maxwell further requests that the Court also give the jury an appropriate propensity instruction. See Doiney, 2005 WL 2129169, at \*2 ("In the absence of such a limiting instruction, there exists a legitimate concern that the jury might misapply [the] evidence to conclude that if the defendants engaged in criminal conduct prior to the charged conspiracy, then the conduct at issue in these charges must also be criminal.").
+
+### CONCLUSION
+
+For the foregoing reasons, the Court should exclude evidence related to Accuser-3 because it is not probative of the charged conspiracies and inadmissible under Rule 404(b) and Rule 403 of the Federal Rules of Evidence. In the alternative, Ms. Maxwell respectfully requests that the Court (1) preclude the government and Accuser-3 from referring to Accuser-3 as a "minor" or asserting that she was a "minor" at the time of the alleged sex acts, (2) preclude the government and Accuser-3 from representing that she was "sexually abused" by Jeffrey Epstein, and (3) give the jury an appropriate limiting instruction concerning Accuser-3's testimony that includes the points discussed above.
+
+Dated: October 18, 2021 New York, New York
+
+Respectfully submitted,
+
+Is/ Christian R. Everdell Christian R. Everdell COHEN & GRESSER LLP New York, NY Phone:
+
+Jeffrey S. Pagliuca Laura A. Menninger HADDON, MORGAN & FOREMAN P.C. Denver, CO Phone:
+
+Bobbi C. Sternheim Law Offices of Bobbi C. Sternheim
+
+Attorneys for Ghislaine Maxwell
+
+**CERTIFICATE OF SERVICE**
+
+I hereby certify that on October 18, 2021, I served by email, pursuant Rule 2(B) of the Court's individual practices in criminal cases, the within memorandum and any accompanying exhibits upon the following:
+
+![]()U.S. Attorney's Office, SDNY
+One Saint Andrew's Plaza
+New York, NY 10007
+
+![]()*/s/ Christian Everdell*
+
+---
\ No newline at end of file
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+## UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+United States of America,
+
+—v—
+
+Ghislaine Maxwell,
+
+Defendant.
+
+
+
+20-CR-330 (AJN)
+
+ORDER
+
+ALISON J. NATHAN, District Judge:
+
+At the telephone conference scheduled to take place on October 21, 2021, in which the Court will discuss jury selection matters and logistics with the parties, the Court will hear from counsel regarding the unopposed request to seal their joint proposed juror questionnaire and voir dire. See Dkt. No. 339. The Court will also inquire as to whether the sealing request extends to the Court's draft questionnaire and voir dire and any justification for such sealing.
+
+In the meantime, the Court will today transmit via email its draft questionnaire and draft voir dire to the parties so that the drafts can be discussed at the conference tomorrow. After the Court explains how jury selection will proceed, the parties should be prepared to raise any objections to the Court's draft questionnaire and voir dire.
+
+SO ORDERED.
+
+Dated: October 20, 2021 New York, New York
+
+ALISON J. NATHAN United States District Judge
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+
+
+
+
+July 9, 2021
+
+Honorable Alison J. Nathan
+United States District Judge
+United States Courthouse
+
+
+
+Re: *United States v. Ghislaine Maxwell*
+S2 20 Cr. 330 (AJN)
+
+Dear Judge Nathan:
+
+The below-signed counsel of record for Ghislaine Maxwell submit this letter in response to the Court's order of July 2, 2021. (Dkt. 312).
+
+Ms. Maxwell's counsel of record have scrupulously complied with Local Criminal Rule 23.1 and assiduously refrained from any involvement with the media, despite repeated, persistent and borderline-harassing requests for comment. The statements in the New York Daily News Op-Ed piece were from Mr. Markus, who is not counsel of record in this case. These statements did not violate Rule 23.1. Nevertheless, it is appropriate that Mr. Markus, not Ms. Maxwell's counsel of record, be afforded the opportunity to address the government's unfounded complaints by separate letter response.1
+
+We feel compelled to point out, however, that the government's position betrays a double standard that exists for public statements made by the government, its agents, and the alleged accusers and their counsel.
+
+After Ms. Maxwell was arrested just over a year ago, Acting U.S. Attorney [REDACTED] gave a deliberate press conference in blatant violation of Rule 23.1 espousing comment and opinion beyond the facts and circumstances of the arrest. The government filed a "speaking
+
+---
+
+1 Indeed, the government's letter to the Court raising this issue was directed to Mr. Markus, not counsel of record.
+
+indictment" which provided the narrative for choreographed press conference. IN exceeded the text of the indictment and went off-script, as did members of law enforcement involved in the investigation whom invited to speak. Collectively, these members of the government, who were directly involved in the investigation and prosecution of this case, purposely villainized Ms. Maxwell and gave the accusers — the individuals who will testify before a jury — the imprimatur of credibility. The press conference was the government's unbridled opportunity to deliver an extrajudicial opening statement in the court of public opinion and the media has followed its lead ever since.
+
+Similarly, counsel for undisclosed Accusers 1 to 4 have made numerous public statements without any reprisal or public reprimand by the government. They have participated in countless podcasts, documentaries, and other media and print publications espousing personal opinions regarding Ms. Maxwell's "guilt or innocence" and the "merits of the case," commenting on her "character and reputation," the "possibility of a plea of guilty to the offense charged or a lesser offense," and continually jeopardizing her right to a fair trial.2
+
+Undersigned counsel wrote to the government expressing concern about a particular counsel's public remarks as that counsel has (we believe) previously represented one of the accusers. The government responded that "[t]o our knowledge, [that lawyer] does not represent any of the witnesses the Government expects to call at trial in this case. Because this individual does not represent any witnesses in this case, we do not see a need to raise this issue with the Court." Now, the government asserts that the Court needs to know about a lawyer who is not
+
+2 Ms. Maxwell previously brought to the Court's attention violations of Local Crim. R. 23.1 by David Boies, Esq. and his law partner, Sigrid McCawley, Esq., each having filed a notice of appearance as intervenors for accusers, as well as Bradley Edwards, Esq. (See Dkt. 27 at 4.) Many of their public and incendiary comments occurred after this Court "wam[ed] counsel and agents for the parties and counsel for potential witnesses that going forward it will not hesitate to take appropriate action in the fact of violations of any relevant rules." (Dkt. 28) (July 23, 2020).
+
+representing any party or witness to the case. Their position on the applicability of Rule 23.1 apparently fluctuates depending on who is talking to the press.
+
+Accordingly, we would ask the Court to be mindful of two important points. First, Ms. Maxwell has been, and continues to be, the subject of an unquestionable tsunami of adverse publicity every day, which is surely impacting the pool of jurors in the Southern District of New York. Second, efforts to persuade the public and the government that a defendant should not be prosecuted are permissible. See Gentile v. State Bar of Nevada, 501 U.S. 1030, 1043 (1991) ("A defense attorney may pursue lawful strategies to obtain dismissal of an indictment or reduction of charges, including an attempt to demonstrate in the court of public opinion that the client does not deserve to be tried.").
+
+Respectfully submitted:
+
+/s/
+
+Bobbi C. Stemheim
+
+/s/
+
+Christian R. Everdell
+
+Is/
+
+Laura A. Menninger
+
+Is/
+
+Jeffrey S. Pagliuca
+
+cc: Government counsel
+
+David Oscar Markus, Esq.
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+July 9, 2021
+
+## VIA EMAIL TO CHAMBERS
+
+The Honorable Alison J. Nathan United States District Court Southern District of New York
+
+Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
+
+Dear Judge Nathan:
+
+Even though I do not currently represent Ms. Maxwell in any proceedings and have never entered an appearance in connection with her trial before Your Honor, the Government submitted a letter "to bring to the Court's attention" an article that I wrote on June 30, 2021, and asked that the Court "issue an order pursuant to Local Rule 23.1(h)" directed at me. (Dkt. No. 309). This Court ordered that I respond (Dkt. No. 312), and I do so here. I respectfully request that the Court deny the Government's request for the following reasons:
+
+## I. The local rules do not apply as I do not currently represent Ghislaine Maxwell in any proceeding and have not entered an appearance in this Court.
+
+Because undersigned counsel does not currently represent Ms. Maxwell in any court and has never entered an appearance as her lawyer in this Court, the local rules do not apply. See, e.g., Local Rule 23.1(h) (explaining that the Court "may issue a special order governing such matters as extrajudicial statements by parties and witnesseslikely to interfere with the rights of the accused to a fair trial by an impartial jury") (emphasis added). Because undersigned counsel does not represent a party or a witness, the Government's request should be denied.
+
+Undersigned counsel was previously retained to represent Ms. Maxwell's family. Then, when this Court denied her third bail application, undersigned counsel was retained to represent Ms. Maxwell in the Second Circuit on her bail appeal (and not regarding the merits of the case). That proceeding is concluded, and undersigned counsel no longer represents Ms. Maxwell in any capacity.
+
+
+
+Moreover, undersigned counsel has never entered an appearance in this Court and does not represent Ms. Maxwell in connection with her upcoming trial. In fact, undersigned counsel and Ms. Maxwell's trial team have been very careful to keep the representation separate. I have not been provided any of the trial discovery.
+
+The local rules do not and could not reach lawyers who do not represent a client (or witness) in a pending case because of the First Amendment. Gentile v. State Bar of Nevada, 501 U.S. 1030, 1074 (1991) (stating that "lawyers representing clients in pending cases may be regulated" by substantial prejudice standard and not heightened general First Amendment standard of clear danger) (emphasis added); id. at 1076 ("The regulation of attorneys' speech is limited—it applies only to speech that is substantially likely to have a materially prejudicial effect ... applying equally to all attorneys participating in a pending case") (emphasis added); see also United States v. Brown, 218 F.3d 415 (5th Cir. 2000) (discussing the factors to consider in entering a gag order for "trial participants').
+
+The Government, however, argues that because Local Rule 23.1(a) states that lawyers "associated" with the "pending criminal litigation" are subject to the restrictions in local rules, the rule applies to undersigned counsel because of the appellate litigation in the Second Circuit regarding bail. As explained above, that litigation is concluded. The Government cites no authority for the proposition that the local rules would apply to a lawyer who previously entered an appearance in another court regarding litigation that has been concluded, nor could it since the Supreme Court has foreclosed such an expansive view of the ability to gag individuals not involved in the trial itself.
+
+Recognizing the weakness of its position, the Government states that because I asked for permission to bring my cell phone into the courtroom for the arraignment,' I must be associated with the litigation. But that example disproves the Government's claim that I am associated with this case. It is true that I asked the Court for permission to bring my phone into the courtroom, but the Court denied the request and said that I would have to enter an appearance in order to do so, as only lawyers actually associated with the proceedings could obtain permission to enter with electronics. Because I had not entered an appearance for Ms. Maxwell in this Court, I was not given such permission.
+
+Finally, the Government itself has taken the position that not all lawyers who have a connection to this case are governed by the local rules. For example, Ms. Maxwell's trial lawyers brought to the Government's attention that one of the accuser's
+
+1 At that time, I represented Ms. Maxwell before the Second Circuit and it was a few days before the oral argument. This was the only proceeding before this Court that I have attended in person or on Zoom.
+
+lawyers was making outrageously false statements to the press.2 The prosecution responded: "Spencer Kuvin does not represent any of the witnesses the Government expects to call at trial in this case. Because this individual does not represent any witnesses in this case," the local rules did not apply to him and there was no "need to raise this issue with the Court."
+
+## II. Even if the local rules somehow applied to undersigned counsel, the Op-Ed did not violate the local rule.
+
+Even if the local rule applies to a lawyer who does not currently represent a party or a witness and has never appeared in the trial court, the opinion piece here did not violate the rule.
+
+First, there is no risk of danger or prejudice to the upcoming trial because the Op-Ed raised the same argument — that the Cosby decision applied to Ms. Maxwell's case — that was filed in public pleadings that were quoted by the press. No confidential information was disclosed.2 Ms. Maxwell's trial lawyers made the very same argument in a public pleading that was quoted by the press. (Dkt. No. 310). In that public pleading, Ms. Maxwell's lawyers argue:
+
+The Pennsylvania Supreme Court held that DA Castor's promise was enforceable and that DA Ferman's prosecution of Mr. Cosby ten years later on the same charges violated his Due Process rights. (Id. at 78-79). As a result, the Court vacated Mr. Cosby's conviction. ad. at 79). In so holding, the Court noted the following:
+
+Interactions between a prosecutor and a criminal defendant, including circumstances where the latter seeks enforcement of some promise or assurance made by the former, are not immune from the dictates of due process and fundamental fairness. (Id. at 55).
+
+The same principle applies to Ms. Maxwell's case. As in Cosby, the government is trying to renege on its agreement and prosecute Ms. Maxwell over 25 years later for the exact same offenses for which she was granted immunity in the NPA. Indeed, the principle applies even more strongly in Ms. Maxwell's case because the NPA was a formal
+
+2 Emma Parry, Will She Survive?, (May 6, 2021),
+
+https://www.thesun.co.uk/news/14875477/ghislaine-maxwell-plea-deal-same-fate-asenstein/
+
+3 See Gentile, 501 U.S. at 1074 (explaining that the risk of influencing a potential jury exists for trial lawyer because they "have special access to information through discovery and client communications" that others do not have).
+
+written agreement, as opposed to an informal promise like the one in Cosby. This is not consistent with principles of fundamental fairness.
+
+(emphasis added).
+
+The press (including Bloomberg, NBC, the New York Post, and Forbes)4 reported on this argument by Ms. Maxwell's lawyers. Accordingly, there is no substantial likelihood that the Op-Ed, which made the very same arguments that were made by Ms. Maxwell's lawyers and covered extensively in the press, will interfere with a fair trial, and the Government does not even really attempt to argue to the contrary.5
+
+Second, Ms. Maxwell's family, and undersigned as counsel for her family, have the right to respond to the numerous lawyers, witnesses, and surrogates who are speaking to the press and making it impossible for Ms. Maxwell to receive a fair trial. As Justice Kennedy explained in Gentile, "in some circumstances press comment is necessary to protect the rights of the client and prevent abuse." Such "statements have the full protection of the First Amendment." Gentile, 501 U.S. at 1058 (Kennedy, J., concurring).
+
+The press has been unrelenting and overwhelmingly prejudicial in its coverage of Ms. Maxwell and her family, fueled by statements from involved parties about the matters at issue. It is not an understatement to say that 99.9% of the press coverage is pro-government and anti-Maxwell. The press has already tried and convicted her. And the Government has done nothing to control its surrogates, which has only made the problem worse. How can Ms. Maxwell be expected to receive a fair trial when lawyers for the accusers are holding press conferences, leaking information, and
+
+4 See, e.g., httos://www.bloombera.com/news/articles/2021-07-02/ahislaine-maxwellsays-cosbv-ruling-should-end-her-abuse-case; httos://www.nbcnews.com/news/usnews/ghislaine-maxwell-s-lawyers-cite-cosby-case-bid-have-sex-n1273037; https://nypost.com/2021/07/02/ghislaine-maxwell-should-be-sprung-from-prison-justlike-bill-cosby-lawyers/; and https://www.forbes.com/sites/joewalsh/2021/07/02Jghislaine-maxwell-tells-judge-hercase-should-be-tossed-out-like-cosbvs/?sh=68a89d9578bc
+
+6 The Government also complains that the Op-Ed described the accusations as "stale" and "flimsy." But both descriptions have been used in publicly filed pleadings. Moreover, many of the accusations are in fact decades old, and similar descriptive words have been held not to violate the rules. See, e.g., Law360, Brooklyn U.S. Attorney's Pretrial Remarks Fair Game, Judge Says, July 1, 2021 (reporting that Judge Dora Irizarry held that U.S. Attorney's comments that defendant had engaged in a "spree" of robberies that were "unprecedented" did not violate the local rule and also did not prejudice the defendant), story available at: https://tinyurl.comfribnu2kfz
+
+otherwise making wholly inappropriate comments to the press?
+
+For example, Spencer Kuvin (who represents some of Maxwell's accusers) was interviewed for a recent show on Peacock called Epstein's Shadow: Ghislaine Maxwell, which aired June 24, 2021. On Episode 3, Mr. Kuvin, who is identified as "Victim's Attorney," stated: "When you capture someone like [Ghislaine Maxwell] I don't besmirch the U.S. Government from taking a victory lap. To be able to come back one year later and say 'we've got the co-conspirator', they wanted a little good press, as well they should. Take her down and embarrass the hell out of her. It's what she deserves." In another example, Brad Edwards, counsel to numerous accusers, changed the subtitle of his book Relentless Pursuit after Ms. Maxwell's arrest from "My fight for the victims of Jeffrey Epstein" to "My fight for the victims of Jeffrey Epstein and Ghislaine Maxwell."6
+
+These examples do not amount to a drop in the bucket of the overwhelming press against Ms. Maxwell, which has been instigated or fueled by the Government and its witnesses. The "circus atmosphere" and "hostile" press that led to a reversal in the Sam Sheppard case are no match for what is occurring here. See Sheppard v. Maxwell, 384 U.S. 333 (1966) (reversing conviction based on hostile television and radio reporting of case: "Given the pervasiveness of modern communications and the difficulty of effacing prejudicial publicity from the minds of the jurors, the trial courts must take
+
+6 There are countless other examples of the accusers' lawyers appearing on TV, podcasts, radio, print (including writing books about the case), and social media, making inflammatory and many times, untrue statements that will make it impossible for Ms. Maxwell to receive a fair trial (some of which occurred after the Court's Order about speaking with the media). See, e.g., Armchair Expert Podcast, August 6, 2020, Interview with Brad Edwards, counsel to accusers ("Q. How do you explain or what is your theory on Ghislaine Maxwell? Brad Edwards: So she needed money and Epstein needed connections. They were kind of the perfect pair. And then she realized, hey, this is this guy who has this crazy sex addiction that I can't fulfill. And I think she would have done anything for him. And so she starts feeding him and just fuels the addiction. Without her, there would be no Jeffrey Epstein, we wouldn't be talking. None of this would have happened. ... She created him. The first people that were brought to him to start this pyramid, they were brought by her. None of this could have grown. He could not have become who he was without her. She created the monster, no doubt about it."); BBC Panorama, December 2, 2019, interview with David Boies ("I must say I think she is very culpable. She was a central part of the Epstein sex trafficking operation. Er, she played an important role in recruiting, grooming, manipulating. Host: She denies all of this of course. [10 seconds of silence] Boies: Um, if you say so."); David Boies at press conference on the courthouse steps after the arraignment, April 24, 2021 (urging listeners not to have sympathy for Ms. Maxwell despite her conditions of confinement and her frail appearance); Sigrid McCawley, Lifetime, Surviving Jeffrey Epstein, August 15, 2020 ("Ghislaine was the master.").
+
+strong measures to ensure that the balance is never weighed against the accused."). The Government's contention that the prosecution won't receive a fair trial based on my statements is completely divorced from the reality of what is occurring in the media in this case.?
+
+Third, the Government has helped to create a totally unlevel playing field and it should not be heard to complain. For starters, the Government conducted an over-thetop press conference upon Ms. Maxwell's arrest — with blowups, photographs, soundbites, inflammatory language, and strategic pauses to get the most impactful photo opportunity, all designed to stir up the press, inflame the passions of the public, and prejudice the potential jury against Ms. Maxwell. And it worked. The Government's press conference was one of, if not the most, covered Government's press conferences in U.S. history. The Government's complaint about an Op-Ed that discusses the legal impact of the Cosby decision is the definition of chutzpah.
+
+
+
+Then-U.S. Attorney conducting a press conference on the arrest of Ms. Maxwell with visual aides
+
+The Government did not stop with the unjust press conference. It has continued to inflame the press with inappropriate and untruthful statements, thinking that
+
+TIn any event, Rule 23.1(h), which the Government cites as the authority to issue a "special order" here, is actually better viewed as concerned with the rights of the accused than the Government. See Rule 23.1(h) ("The Court, on motion of either party or on its own motion, may issue a special order governing such matters as extrajudicial statements by parties and witnesses likely to interfere with the rights of the accused to a fair trial by an impartial jury....") (emphasis added).
+
+because it is doing so in pleadings, it is not crossing the line in the local rules. For example, the Government filed in a public pleading that Ms. Maxwell was vaccinated while at MDC. (Dkt. No. 196). There was no valid reason for saying this at all, let alone in a public pleading. (Imagine if the defense publicly filed medical information about one of the accusers). But it believed that it could legally speak to the media in such a fashion.
+
+The Government also falsely claimed that Ms. Maxwell had an "eye mask" and that she was responsible for the stench in her cell. Id. Both claims were proven to be untrue. She has never been provided an eye mask and the stench in her cell is caused by a sewage problem in the jail, which has been well-documented by other inmates and judges. But the damage was done. The media went into a feeding frenzy, reporting the false Government statements and ignoring the truth when it came out. As Mark Twain said, "a lie can travel halfway around the world while the truth is still putting on its shoes." The Government's responsibility for the fair administration of justice commands it to foster a realignment of the scales.
+
+The Government's request should be denied because (1) undersigned counsel does not currently represent Ms. Maxwell, and (2) the Op-Ed did not violate the local rules.
+
+Sincerely,
+
+/s/ David Oscar Markus David Oscar Markus
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+Case Details
+
+Contact Details
+
+Case Assets
+
+Case Collection
+
+Evidence Details
+
+Case Photographs
+
+Case Disposal
+
+
+
+Forensic Hardware and Sofware
+
+0453
+
+Report Produced : 02/21/2020 12:22:37
+
+Produced By :
+
+
+
+Forensic Hardware and Sofware
+
+0453
+
+Report Produced : 02/21/2020 12:22:37
+
+Produced By :
+
+Case Details
+
+Case Reference
+
+IDMS Reference
+
+Examiner
+
+Case Service Level
+
+Analysis Type
+
+Case Classification Level
+
+Service Level
+
+Open Date/Time
+
+Due Date/Time
+
+Case Status
+
+Contact Name
+
+Assigned Staff Member Name
+
+Record Status
+
+Case Background
+
+Background Attachment(s)
+
+Technical Review
+
+Technical Review
+
+Appropriate examinations have been performed to address request
+
+Report is clear and understandable
+
+The procedures performed were adequately documented and
+
+0453
+
+2019-010614
+
+PRIORITY
+
+False Statements
+
+UNCLASSIFIED
+
+30 Days
+
+12/12/2019 23:30:58 (-0500)
+
+01/11/2020 23:59:59 (-0500)
+
+Open
+
+Unlocked
+
+Request to analyze three BOP issued cell phones surrounding the Epstein suicide and investigation into staff failure to do proper rounds and falsification of documents.
+
+\*"Phones were not seized as evidence, no collection, no disposal, no ECDs. All phones manually reviewed on site at BOP and returned to users.\*\*\*
+
+Policy Memo 2019-02 re DOJ Order 2740.1A.pdf Manual Phone Review - notes and photos.docx
+
+Yes
+
+Yes
+
+Yes
+
+Exam documentation was sufficiently detailed to enable reproduction of the Yes results
+
+The interpretations and conclusions of the examiner were reasonable Yes
+
+Report is consistent with the examination documentation Yes
+
+Results media has been spot checked N/A
+
+Examiner performing review Date of review SA 02/13/2020
+
+### Contact Details
+
+First Name
+
+Last Name
+
+Sector
+
+Primary Email
+
+Authority Contact Name
+
+Authority Contact Email
+
+Authority Status Approved
+
+# Case Assets
+
+New York Field Office
+
+Product Name iPhone
+
+Case Process Photos of devices and screenshots
+
+Tracked Asset No
+
+Asset Type Hardware
+
+Case Collection
+
+#### Evidence Details
+
+Evidence Reference 0001
+
+Evidence Type PDA/Smart Phone
+
+Logged In
+
+Date/Time 02/12/2020 12:07:23 (-0500)
+
+Storage Location Disposed
+
+Priority
+
+Description
+
+Property Number 0214 207677
+
+Seized Date/Time 08/22/2019 09:05:26 (-0500)
+
+Seized By/Produced
+
+By
+
+Powered Off Time 00:00:00 (+0000)
+
+Processing Result N/A
+
+Archived
+
+N/A BOP issued Samsung Galaxy S9 -
+
+No
+
+Notes Manual review only for messages related to job performance failure/Epstein suicide; SIM card and MicroSD not analyzed.
+
+Conducted By (Name)
+
+Manufacturer Samsung
+
+Model Galaxy S9 SM-G960U
+
+Serial Number R58M21CC8LB
+
+IMEI Label 355028093551622
+
+Handset Type Touch Screen
+
+Handset Colour Black
+
+PIN/Security Code Locked No
+
+Damaged No
+
+Battery Flat No
+
+Capacity Value 0.00 Bytes
+
+Included SIM Card No
+
+Included Memory Card No
+
+Accessories No
+
+Attachment(s) IMG 0110.JPG
+
+Imaging Details
+
+Start Date/Time 01/01/0001 09:05:00 (-0500)
+
+End Date/Time 08/22/2019 09:20:00 (-0500)
+
+Conducted By (Name)
+
+Primary Extraction Software Manual Review
+
+Engineering Card Created No
+
+SMS Messages 1
+
+Notes Manual review - 1 message of potential relevancy captured via screenshot.
+
+Evidence Reference 0002
+
+Evidence Type PDA/Smart Phone
+
+Logged In 02/12/2020 12:11:20 (-0500)
+
+Date/Time
+
+Storage Location Disposed
+
+Priority N/A
+
+Description BOP Samsung Galaxy S9 issued to
+
+Property Number 0214 207672
+
+Seized Date/Time 08/22/2019 09:15:07 (-0500)
+
+Seized By/Produced
+
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+
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+
+Handset Type Touch Screen Handset Colour Black PIN/Security Code Locked No Damaged No Battery Flat No Capacity Value 0.00 Bytes Included SIM Card No Included Memory Card No Accessories No Attachment(s) IMG 0117.JPG Imaging Details Start Date/Time 08/22/2019 09:40:00 (-0500) End Date/Time 08/22/2019 10:08:00 (-0500) Conducted By (Name) Primary Extraction Software Manual Review Engineering Card Created No Notes Manual review - no items of relevance located. Case Photographs
+
+0001: IMG\_0110.JPG 2,5237\_IMG\_0110.JPG 0001: IMG\_0111.JPG 25238\_IMG 0111.JPG 0001: IMG\_0112.JPG 2,5239\_IMG\_0112.JPG 0002: IMG\_0114.JPG 2,5240\_IMG\_0114.JPG 0002: IMG\_0115.JPG 2,5241\_IMG\_0115.JPG 0003: IMG\_0117.JPG 2,5242\_IMG\_0117.JPG 0003: IMG\_0118.JPG 2,5243\_IMG\_0118.JPG Case Disposal
+
+Disposal Date/Time 08/22/2019 10:30:00 (-0500) Disposed To BOP staff Disposal Type Delivery Method Staff Delivery Disposal Status Complete Assigned Staff Member Name Office Cyber Investigations Washington Company Bureau of Prisons United States
+
+Disposed Evidence Items Evidence Reference 0001 Evidence Type PDA/Smart Phone
+
+Evidence Type PDA/Smart Phone
+
+Description BOP Samsung Galaxy S9 issued to
+
+Evidence Reference 0003
+
+Evidence Type PDA/Smart Phone
+
+Description BOP Samsung Galaxy S9 issued to
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+< About phone
+
+
+
+# Galaxy S9
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+Edit
+
+Phone number
+
+
+
+Model number
+
+SM-G960U
+
+Serial number
+
+R58M21CC8LB
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+IMEI
+
+3550 2809 3551
+622
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+Hardware version
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+REV1.1
+
+Icon glossary
+
+Status
+
+View the SIM card status, IMEI, and other information.
+
+Legal information
+
+Software information
+
+
+
+
+
+
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+8:58 Wi-Fi Disk ...
+
+![]()
+
+## < IMEI information
+
+MIN
+
+
+
+PRL version
+
+15643
+
+ERI version
+
+7
+
+IMEI
+
+3550 2809 3551 622
+
+IMEI SV
+
+49
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+< About phone
+
+
+
+# Galaxy S9
+
+Edit
+
+Phone number
+
+
+
+Model number
+
+SM-G960U
+
+Serial number
+
+R58M21CC8LB
+
+IMEI
+
+3550 2809 3551
+622
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+Hardware version
+
+REV1.1
+
+Icon glossary
+
+Status
+
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+PROPERTY OF FEDERAL PRISON SYSTEM
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+0214 207677
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+
+
+
+
+
+
+
+## Galaxy S9
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+Edit
+
+Phone number
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+
+
+Model number SM-G960U
+
+Serial number R58M210CDHX
+
+IMEI 3550 2809 3486 118
+
+Hardware version REV1.1
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+Icon glossary
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+
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+
+< About phone
+
+
+
+
+
+## Galaxy S9
+
+Edit
+
+Phone number
+
+
+
+Model number SM-G960U
+
+Serial number R58M210CDHX
+
+'MEI 3550 2809 3486 118
+
+Hardware version REV1.1
+
+Icon glossary
+
+
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+![]()
+
+# Galaxy S9
+
+Edit
+
+Phone number
+
+
+
+Model number
+
+SM-G960U
+
+Serial number
+
+R58M210D9MR
+
+IMEI
+
+3550 2809 3495
+721
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+Hardware version
+
+REV1.1
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+677 – [REDACTED]
+
+in 0905
+
+return 0952
+
+photos of device and phone info
+
+no forensic support without un-enrolling device from network
+
+photos on [REDACTED] phone first set ending with property #
+
+manual review by [REDACTED]
+
+screenshot memorialization
+
+
+
+
+
+
+
+672 – [REDACTED]
+
+in 0915
+
+return 0927
+
+photos of device and phone info
+
+no forensic support without un-enrolling device from network
+
+photos on [REDACTED] phone second set ending with property #
+
+manual review by [REDACTED] and [REDACTED]
+
+nothing memorialized
+
+
+
+
+
+675 – [REDACTED]
+
+0940 in
+
+1008 return
+
+photos of device and phone info
+
+no forensic support without unenrolling device from network
+
+photos on [REDACTED] phone second set ending with property #
+
+manual review by [REDACTED]
+
+
+
+
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+
+
+
+
+
+
+
+
+IJ Can just heara.
+
+Sunday, August 11, 2019
+
+
+
+keeps trying to confirm if Epstien was on suicide watch. Not sure if he is reaching out to you or not but remember to stick to the script. \*Can't comment on that.
+
+Wednesday, August 14, 2019
+
+10Just sent you an email
+
+7:56 AM
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+## Office of the Inspector General REPORT OF FORENSIC EXAMINATION
+
+| SUBMITTER | | DATE SUBMITTED CASE NUMBER |
+|-------------------------------|-----------------------|-----------------------------------------------------|
+| Special Agent | New York Field Office | August 13, 2019 2019-010614 |
+| OFFICE CONDUCTING EXAMINATION | CYBER ID | SUBJECT(S) |
+| Cyber Investigations Office | 0384 | Correctional Officer Michael Thomas, Federal Bureau |
+
+## Synopsis
+
+On August 22, 2019, U.S. Department of Justice Office of the Inspector General (OIG), C ber Investi ations Office (CYBER) Special Agent (SA) and Assistant Special Agent in Charge received and manually reviewed Devices 1-3 at the Federal Bureau of Prisons (BOP) Metropolitan Correctional enter, located in New York, NY. M and were assisted by OIG Washington Field Office SA and OIG Fraud Detection Office SA . Devices 1-3 were BOP issued mobile devices which were provided to CYBER in order to determine whether or not they contained any unauthorized communication related to the suicide of Jeffery Epstein.
+
+OIG New York Field Office SA was investigating alleged BOP employee misconduct related to Epstein's suicide, and sought the review of Devices 1-3 out of an abundance of caution. There were no allegations of misconduct against the BOP employees to whom Devices 1-3 had been issued. Accordingly, CYBER personnel elected to perform only manual reviews of the phones to limit the disruption of service and to minimize the intrusiveness of the review. In order to fully analyze the BOP devices with forensic tools, CYBER would have had to have manipulated settings on each phone which would have resulted in a loss of data and the need to wipe and reissue each one. The manual review did not limit the data CYBER would have been able to recover using forensic tools for this model phone.
+
+On December 7, 2019, submitted an OIG Digital Forensics Examination Request form seeking a review of Devices 1-3 for the aforementioned data.
+
+The CYBER manual review consisted of a search for communication capable applications on each device, excluding email. Onl i.tative tl device messaging application on each device was found to meet the criteria of the search. and reviewed all messages within the application that occurred after Epstein's suicide
+
+## SENSITIVE BUT UNCLASSIFIED
+
+| EXAMINER NAME AND TITLE: SA REVIEWER NAME AND TITLE: | ASAC |
+|------------------------------------------------------|-----------------------------------|
+| SIGNATURE: | Digitally signed by |
+| Justice,ou=OIG,cn | 09.2342.19200300.100.1.1=15001002 |
+| 0.9.2342.19200300.100.1.1=15001001073402 | 300273 |
+| Date: 2020.02202137x11 | Dale 2020.02.21 07A2A4 -0\$00, |
+
+on the morning of August 10, 2019. The search did not reveal any messages that appeared to contain inappropriate or unauthorized communication related to Epstein's death. Only one message, located on Device I, was found to relate to the topic of Epstein. The message appeared to be an appropriate exchange that served to reiterate the staff's instructions not to comment on the ongoing matter. A copy of the message can be viewed by clicking this link.
+
+All documentation related to this forensic request will be retained by CYBER on the Archive Network Attached Storage located in the New York City lab under this case number.
+
+A LIMA forensic case management system report containing all examiner process notes, photos, tool details and forms associated with this request is incorporated by reference, and has been provided to the requestor in electronic format with this report. The analysis result file provided to is also included in electronic format with this report.
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+**From:** "[REDACTED]" <[REDACTED]>
+**To:** "[REDACTED]" <[REDACTED]>
+**Cc:** "[REDACTED]" <[REDACTED]>, "[REDACTED] (USANYS)" <[REDACTED]>, "[REDACTED] (USANYS)" <[REDACTED]>
+**Subject:** Re: Epstein investigation, [REDACTED] prosecution memo
+**Date:** Thu, 16 Apr 2020 14:04:12 +0000
+
+---
+
+Same thanks
+
+On Apr 16, 2020, at 9:56 AM, [REDACTED] <[REDACTED]> wrote:
+
+Same thanks
+
+On Apr 16, 2020, at 09:54, [REDACTED] <[REDACTED]> wrote:
+
+Same here, thanks.
+
+Sent from my iPhone
+
+On Apr 16, 2020, at 9:46 AM, [REDACTED] (USANYS) <[REDACTED]> wrote:
+
+Good for me
+
+Sent from my iPhone
+
+On Apr 16, 2020, at 9:39 AM, [REDACTED] (USANYS) <[REDACTED]> wrote:
+
+[Does that work for you guys?](#)
+
+---
+
+**From:** Berman, Geoffrey (USANYS) <[REDACTED]>
+**Sent:** Thursday, April 16, 2020 9:38 AM
+**To:** [REDACTED] <[REDACTED]>; Strauss, Audrey (USANYS)
+<[REDACTED]>; [REDACTED] <[REDACTED]>
+<[REDACTED]>; [REDACTED] <[REDACTED]>
+**Cc:** [REDACTED] (USANYS) <[REDACTED]>; [REDACTED] (USANYS) <[REDACTED]>;
+[REDACTED] <[REDACTED]>; [REDACTED] <[REDACTED]>;
+**Subject:** RE: Epstein investigation, [REDACTED] prosecution memo
+
+Thanks for the memo. Can we have a conference call on Monday at 11am? Geoff
+
+---
+
+**From:** [REDACTED] <[REDACTED]>
+**Sent:** Wednesday, April 15, 2020 5:39 PM
+**To:** Berman, Geoffrey (USANYS) <[REDACTED]>; [REDACTED]; [REDACTED];
+[REDACTED]
+(USANYS) <[REDACTED]>
+
+)
+
+Subject: RE: Epstein investigation, prosecution memo
+
+
+
+thanks,
+
+Assistant U.S. Attorney Southern District of New York
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+
+
+United States Attorney Southern District of New York
+
+86 Cheettbers sum New York New Yoe\* 10007
+
+April 15, 2020
+
+## By ECF
+
+The Honorable Paul A. Engelmayer United States District Judge Southern District of New York 40 Foley Square New York, NY 10007
+
+Re: The New York Times Co. v. Federal Bureau of Prisons, 20 Civ. 833 (PAE)
+
+Dear Judge Engelmayer:
+
+This Office represents defendant the Federal Bureau of Prisons ("BOP") in this Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, action brought by plaintiff the New York Times Company (the "Times"). The parties respectfully submit this joint letter pursuant to the Court's Orders of March 5 and 13, 2020. See Dkt. Nos. 8, 10. The initial pretrial conference in this matter is currently scheduled to be held at 11:00 AM on April 20, 2020. See Dkt. No. 10. The parties respectfully propose that the initial pretrial conference be adjourned if this letter sufficiently addresses the present issues in this case.
+
+On January 30, 2020, the Times filed its complaint initiating this action. See Dkt. No. 1. The Times seeks, pursuant to FOIA, the release of certain documents related to Jeffrey Epstein, the deceased defendant in United States v. Jeffrey Epstein, No. 19-CRIM-00490 (S.D.N.Y.), and his BOP custody. On March 4, 2020, the Government filed its Answer to the Times's complaint. See Dkt. No. 7. BOP has not produced any documents in response to the Times's request. The Government's position is that any documents potentially responsive to the Times's request are exempt from disclosure under FOIA, including under FOIA Exemption 7(A), which protects from disclosure records or information compiled for law enforcement purposes "to the extent that the production of such law enforcement records or information . . . could reasonably be expected to interfere with enforcement proceedings?' 5 U.S.C. § 552(bX7)(A).
+
+The parties anticipate filing cross-motions for summary judgment on whether BOP's withholdings are appropriate under FOIA, but have failed to agree on a schedule for summary judgment briefing. The Government proposes to file its motion for summary judgment by July 15, 2020, with plaintiff's opposition and cross-motion for summary judgment due by August 17, 2020, the Government's reply and opposition due by September 7, 2020, and plaintiff's reply due by September 28, 2020. The Government respectfully requests a longer period of time than usual to file its opening brief and declaration in this matter because of the national emergency arising from COVID-19, to which the Government and BOP have dedicated substantial resources and which has affected BOP's operations and staffing, including BOP's FOIA staffing.
+
+The Times acknowledges the disruption caused by the COVID-19 pandemic and is of course willing to be flexible on the timing of summary judgment briefing. However, the time sought by the Government appears to the Times unnecessary for a case filed in January 2020 involving a
+
+blanket assertion of exemptions. Accordingly, the Times proposes that the Government file its motion for summary judgment by May 25, 2020 and that The Times file its opposition and crossmotion for summary judgment by June 29, 2020, with the Government's reply and opposition due by July 20, 2020, and The Times's reply due by August 10, 2020.
+
+The parties do not believe that settlement is possible at this time.
+
+As this is a FOIA action, the parties anticipate that any legal issues will be resolved through cross-motions for summary judgment without discovery. See, e.g., Wood y. FBI, 432 F.3d 78, 85 (2d Cir. 2005); Carney v. U.S. Dep'r of Justice, 19 F.3d 807, 812-13 (2d Cir. 1994). Accordingly, the parties respectfully request that they not be required to submit the proposed case management plan and scheduling order called for in the Court's Orders of March 5 and 13, 2020, particularly in light of the proposed summary judgment briefing schedule proposed herein. See Dkt. Nos. 8, 10.
+
+The parties thank the Court for its consideration of this submission.
+
+Respectfully submitted,
+
+GEOFFREY S. BERMAN United States Attorney
+
+By: /
+
+86 Chambers Street, 3rd Floor New York, NY 10007 Telephone: Fax: ( 7 Email:
+
+Cc (by ECF): Counsel of Record
+
+4/15/20
+
+The Court appreciates this letter. The parties will not be required to submit a proposed case management plan and scheduling order. The initial pretrial conference will be held telephonically, as scheduled, at 11 a.m. on April 20, 2020.
+
+Dial-In: (888) 363-4749 or (215) 446-3662
+
+Access Code: 4684906
+
+SO ORDERED. Pa A. PAUL A. ENGE United States District Judge
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+From: To: Gary Bloxsome Cc: Jennifer Richardson Daniel Cundy
+
+Subject: RE: Reference materials further to our call
+
+Date: Mon, 14 Sep 2020 15:56:16 +0000
+
+Inline-Images: image001.jpg: image002.jpg
+
+Dear Gary,
+
+Thank you for your email, and I hope you are well, too.
+
+Your response does not address two outstanding questions. First, will your client participate in a voluntary interview, either in person or via video, with our office? Second, will your client answer questions — in writing or otherwise -- about the full range of topics relevant to our ongoing investigation, including events not covered by the currently pending indictment against Ghislaine Maxwell?
+
+Please note that we will interpret a repeat of your client's offer to answer written questions relevant to the Maxwell indictment as an answer in the negative as to both questions.
+
+Best,
+
+Assistant United States Attorney Southern District of New York 1 St. Andrew's Plaza New York, NY 10007
+
+From: Gary Bloxsome Sent: Monday, September 14, 2020 5:39 AM To: Cc: Richardson (USANYS) Subject: Re: Reference materials further to our call > >; Daniel Cundy Jennifer
+
+Dear
+
+Our client has offered voluntarily to provide a written witness statement in relation to the criminal indictment against Ghislaine Maxwell and has also offered to answer questions in writing in relation to events relevant to that indictment even if they fall outside of the period of the indictment (1994 to 1997).
+
+We look forward to hearing from you further.
+
+Kind regards
+
+Gary
+
+Gary Bloxsome I Partner
+
+Blackfords LLP 15 Old Bailey I London I EC4M 7EF DX 161400 Old Bailey 5 I 020 3427 3343 I www.blackfords.com
+
+
+
+COVID-19 — Please see our website here for our updated position in relation to Coronavirus.
+
+In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covidPblackfords.com
+
+Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CR0 lEA. A list of members' names is available at this address.
+
+GDPR: details of how we handle personal data can be found in our Privacy Statement
+
+Authorised and regulated by the Solicitors Regulation Authority under number 462078.
+
+On 10 Sep 2020, at 21:00, wrote:
+
+External email: is it safe to open attachments and links?
+
+Gary,
+
+Thank you for your email of September 1, 2020. We would like to confirm our understanding of that correspondence, as informed by all of our communications over the past few months, as conveying that (1) your client will not participate in a voluntary interview—either in person or via videoconference—with our office, and (2) that your client will not voluntarily answer questions, even as part of a written statement, regarding events that took place outside of the period 1994 to 1997. Please let us know if our understanding is incorrect.
+
+Thank you,
+
+Assistant United States Attorney Southern District of New York I St. Andrew's Plaza
+
+From: ) 4:=
+
+Sent: Tuesday, September 1, 20201:35 PM
+
+To: Gary Bloxsome ; Daniel Cundy Jennifer
+
+Richardson
+
+Cc: (USANYS)
+
+Subject: RE: Reference materials further to our call
+
+Gary,
+
+We have received the below communication, and we will revert back as appropriate.
+
+thank you,
+
+Assistant U.S. Attorney Southern District of New York
+
+From: Gary Bloxsome
+
+Sent: Tuesday, September 01, 2020 13:04
+
+To: < >; < >; Daniel Cundy ; Jennifer Richardson
+
+Subject: Re: Reference materials further to our call
+
+Dear
+
+We have found our recent conferences with you and your team (on 27 July, 3, 11 and 20 August 2020) helpful and informative and again I extend my thanks for your taking the time to discuss these matters at length.
+
+In the UK the provision of a signed witness statement - bearing a statement attesting as to its truth - is a commonly used approach when a witness provides evidence. Whilst we appreciate that such an approach differs from what is standard in the US, we do not consider such an approach would be unhelpful, or of no utility, to your case. Our client is willing to provide you with a witness statement, addressing any issues that he may be able to,in relation to Ghislaine Maxwell and Jeffrey Epstein, his association with them and his knowledge of them such as may be relevant to the prosecution of Ghislaine Maxwell. In addition - should you make written requests for clarification arising from that witness statement our client could provide written answers by way of a supplementary/addendum statement. Such an interaction could take place more than once if necessary. Providing written answers to either written questions or to questions previously put, is again a common practice in the UK.
+
+You have invited us to identify any areas or subject topics which we would consider to be inappropriate or irrelevant to be put to our client; we consider that questions put/topics raised should rightfully be limited to the indictment period in the current proceedings (i.e. US v Ghislaine Maxwell), being 1994-1997.
+
+We are of course aware that you have requested a witness interview in your request to the UKCA and to ourselves; you have confirmed to us however (in January this year, through your liaison officer immediately prior to our recent conferences, and then during our conferences) that you regard our client not as a witness but as a subject. We have ventilated at some length our concerns regarding our client being interviewed in those circumstances and we consider a witness statement and the offer of further engagement with written questioning to be a fair compromise and one which would be acceptable in the UK.
+
+To move forward with the above approach, we would continue to require your assurance that the content of any such witness statement and supplementary written responses be treated with the utmost confidentiality, not used for any purpose other than in relation to the criminal proceedings against Ms Maxwell, and not be shared with any parties outside of your department, including complainants and their representatives in your investigation and in civil matters outside of it.
+
+Kind regards
+
+Gary
+
+Gary Bloxsome I Partner
+
+Blackfords LLP 15 Old Bailey I London I EC4M 7EF DX 161400 Old Bailey 5 I 020 3427 3343 I www.blackfords.com
+
+COVID-19 - Please see our website here for our updated position in relation to Coronavirus.
+
+In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covidPblackfords.com
+
+Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CR0 lEA. A list of members' names is available at this address.
+
+GDPR: details of how we handle personal data can be found in our Privacy Statement
+
+Authorised and regulated by the Solicitors Regulation Authority under number 462078.
+
+On 19 Aug 2020, at 18:19, ) wrote:
+
+External email: is it safe to open attachments and links?
+
+Received, thank you. We'll speak with you then.
+
+From: Gary Bloxsome Sent: Wednesday, August 19, 2020 12:39 To: ) Cc: ) < M>; >; Jennifer Richardson < ; Daniel Cundy Subject: Re: Reference materials further to our call
+
+Same dial in details as before.
+
+Regards
+
+Gary Bloxsome l Partner
+
+Blackfords LLP 115 Old Bailey I London I EC4M 7EF DX 161400 Old Bailey 5 I 020 3427 3343 I www.blackfords.com
+
+COVID-19 — Please see our website here for our updated position in relation to Coronavirus.
+
+In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covidPblackfords.com
+
+Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CR0 lEA. A list of members' names is available at this address.
+
+GDPR: details of how we handle personal data can be found in our Privacy Statement Authorised and regulated by the Solicitors Regulation Authority under number 462078.
+
+On 19 Aug 2020, at 17:36, c > wrote:
+
+External email: is it safe to open attachments and links?
+
+Gary,
+
+Are we still planning to speak via phone tomorrow at 2:30 London time?
+
+Regards,
+
+From: Daniel Cundy Sent: Sunday, August 09, 2020 12:30 To: Cc: Bloxsome <1.1 .>; Jennifer Richardson Subject: Reference materials further to our call >; Gary
+
+DearM
+
+Apologies for the slight delay.
+
+Please find attached an extract from The Decision Procedure and Penalties manual (DEPP 7) from the Financial Conduct Authority handbook — drawing attention to 7.2.14. This practice and approach resonates with the law as set out in United States v. Allen, 864 F.3d (2d Cir.2017). We also attach an extract from the publication 'Montgomery and Ormerod on Fraud: Criminal Low and Procedure' (2008) which summarises the approach taken by the Serious Fraud
+
+Office (see A7-327) to the limitations and protections on use when their compulsory powers are used in MLAT requests, an approach which reflects such cases as Kastigar v. United States, 406 U.S. 441 (1972) as well as decisions in UK domestic law. We reiterate the protection at Article 7 (2) of the MLAT treaty although there is no need to attach it.
+
+Kind regards
+
+Daniel Cundy I Partner
+
+Blackfords LLP 15 Old Bailey I London I IC4M 7EF DX 161400 Old Bailey 5 I 020 3427 3343 I www.blackfords.com
+
+COVID-19 — Please see our website here for our updated position in relation to Coronavirus.
+
+In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covid@blackfords.com
+
+Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OC325398 at Hill House, 1 Mint Walk, Croydon, CR0 lEA. A list of members' names is available at this address.
+
+GDPR: details of how we handle personal data can be found in our Privacy Statement
+
+Authorised and regulated by the Solicitors Regulation Authority under number 462078.
+
+Daniel Cundy I Partner
+
+Blackfords LLP 15 Old Bailey I London I EC4M 7EF DX 161400 Old Bailey 5 I 020 3427 3343 I www.blackfords.com
+
+COVID-19 — Please see our website here for our updated position in relation to Coronavirus.
+
+In the meantime if you need to speak to one of our lawyers, please leave a voicemail by dialling 020 8686 6232 where we will respond to the messages in the order they are received or by emailing your enquiry to covidPblackfords.com
+
+Blackfords LLP is a limited liability partnership registered in England & Wales with registered number OO25398 at Hill House, 1 Mint Walk, Croydon, CR0 lEA. A list of members' names is available at this address.
+
+GDPR: details of how we handle personal data can be found in our Privacy Statement
+
+Authorised and regulated by the Solicitors Regulation Authority under number 462078.
\ No newline at end of file
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+From: To: Cc: Subject: RE: Date: Thu, 10 Sep 2020 20:52:40 +0000
+
+Thanks!
+
+From: Sent: Thursday, September 10, 2020 4:52 PM To: Cc: Subject: RE:
+
+These have been saved and updated to the tracker.
+
+From: Sent: Thursday, September 10, 2020 4:41 PM To: Cc: Subject: FW:
+
+Would you please save these in the subpoena returns folder and note them in the tracker for the spinoff investigation folder in the Epstein share?
+
+Thanks,
+
+From: Sent: Thursday, September 10, 2020 2:48 PM To: Cc: Subject: RE:
+
+All — Hope everyone is doing well. and I just wanted to follow-up on any update on scheduling an interview with IN
+
+Also, we received some subpoena returns. Attached for your reference individuals identified by ); and email.
+
+Thank you!
+
+Best regards,
+
+From: [REDACTED]
+
+Sent: Tuesday, July 28, 2020 5:18 PM
+
+To: [REDACTED]
+
+[REDACTED]
+
+Cc: [REDACTED]
+
+Subject: [EXTERNAL EMAIL] - RE: [REDACTED] / [REDACTED]
+
+Of course, absolutely. We don't have anything scheduled, but we're hoping to talk with him in the coming weeks and we'll keep you in the loop.
+
+From: [REDACTED]
+
+Sent: Tuesday, July 28, 2020 08:27
+
+To: [REDACTED]
+
+[REDACTED]
+
+Cc: [REDACTED]
+
+Subject: [REDACTED] / [REDACTED]
+
+Hi [REDACTED] – We talked internally here, and if not too much trouble, [REDACTED]
+
+[REDACTED]
+
+Thanks so much for the help.
+
+Best regards,
+
+[REDACTED]
+
+Special Agent
+
+FBI New York Office
+
+[REDACTED]
\ No newline at end of file
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diff --git a/marker2/ds9/EFTA00087841/EFTA00087841.md b/marker2/ds9/EFTA00087841/EFTA00087841.md
new file mode 100644
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+From:
+
+To:
+
+Cc:
+
+Subject: Re: Subject: JEFFREY E EPSTEIN, 2020PR000426AMB
+
+Date: Mon, 14 Sep 2020 19:44:02 +0000
+
+I don't believe it will include GJ materials, but I will confirm and work with my contact there to figure out how to get the GJ files. I'm hoping it will include SW materials, but if not, they can help us get it from the clerk's office (and we have a signed copy from the Reuter file).
+
+On Sep 14, 2020, at 3:36 PM, wrote:
+
+That's great! Will this include grand jury materials and the SW materials?
+
+Sent from my iPhone
+
+On Sep 14, 2020, at 3:32 PM, wrote:
+
+PBSA is giving us their entire Epstein file.
+
+when I get the email with the info about how to download the file, I'll forward it to you. Would you please
+
+---Original Message---
+
+From•
+
+Sent: Monday, September 14, 2020 3:23 PM
+
+To:
+
+Subject: Subject: JEFFREY E EPSTEIN, 2020PR000426AMB
+
+The attached document is in regard to the above referenced case, to which you are a party of or have an interest in. If you have any questions, please contact our office at -
+
+FINAL LETTER.PDF>
\ No newline at end of file
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diff --git a/marker2/ds9/EFTA00087842/EFTA00087842.md b/marker2/ds9/EFTA00087842/EFTA00087842.md
new file mode 100644
index 0000000000000000000000000000000000000000..8b7a226cdc567f4d7a741fe3f96914c7c421e6a4
--- /dev/null
+++ b/marker2/ds9/EFTA00087842/EFTA00087842.md
@@ -0,0 +1,41 @@
+**From:**
+
+[REDACTED]
+
+**To:**
+
+[REDACTED]
+
+**Cc:**
+
+[REDACTED]
+
+**Subject:** FW: Epstein Related Civilian Crime Report Submission ([REDACTED])
+
+**Date:** Tue, 22 Sep 2020 14:46:58 +0000
+
+**Attachments:** [REDACTED] Int'l\_re\_Epstein.pdf
+
+[REDACTED]
+
+Forwarding per our usual practice.
+
+Thanks,
+
+[REDACTED]
+
+---
+
+**From:** [REDACTED]
+
+**Sent:** Tuesday, September 22, 2020 10:35 AM
+
+**To:** [REDACTED]
+
+[REDACTED]
+
+**Cc:** [REDACTED]
+
+**Subject:** Epstein Related Civilian Crime Report Submission ([REDACTED])
+
+Attached is a submission from a civilian. It purports to relate to Epstein. Because it is from someone in a foreign country, we do not respond. In any event, there is nothing more for you to do if this is not of any use. If we get anything else, we will forward it along. [REDACTED], please make a note in the log. Thanks.
\ No newline at end of file
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diff --git a/marker2/ds9/EFTA00087843/EFTA00087843.md b/marker2/ds9/EFTA00087843/EFTA00087843.md
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+From: To: Cc: a > " (USANYS)"
+
+Subject: RE: FW: Letter
+
+Date: Thu, 24 Sep 2020 18:43:57 +0000
+
+Inline-Images: image001.png; image002.jpg
+
+Hi =,
+
+I'm going to be tied up until about 5pm. Can I call you after that? If not, would tomorrow early morning work?
+
+Thanks,
+
+From: Sent: Thursday, September 24, 2020 1:43 PM To: Cc: Subject: Re: FW: Letter >; (USANYS) <
+
+HI
+
+Do you have time for a quick call today? Either before 3 or after 4? Want to make sure I've got all the answers for you (or if I need to do any more following up, I can still do it tomorrow).
+
+>>>" "< Hi > 9/22/2020 11:15 AM >> >
+
+Please see the attached letter from Maxwell's counsel. Would you be available for a call to discuss this afternoon, please?
+
+Thanks,
+
+Assistant United States Attorney Southern District of New York I St. Andrew's Plaza New York, NY 10007
+
+From: Christian Everdell < Sent: Monday, September 21, 2020 10:33 PM To: >; >;
+
+subject: Letter
+
+Alison, and Lara —
+
+Please see the attached letter regarding Ghislaine Maxwell. Thank you in advance for your attention to these matters.
+
+Regards,
+
+Chris
+
+Christian Everdell
+
+COHEN & GRESSER LLP
+
+800 Third Avenue NIP,Ar Vnrk MV
+
+www.cohengresser.com
+
+New York I Seoul I Paris I Washington DC I London
+
+
+
+CONFIDENTIALITY NOTICE: The information contained in this e-mail may be confidential and/or ptivileged. This e-mail is intended to be reviewed initially by only the individual named above. If the reader of this e-mail is not the intended recipient or a representative of the intended recipient. you are hereby notified that any review, dissemination or copying of this e-mail or the information contained herein is prohibited. If you have received this e-mail in error. please immediately notify the sender by telephone and permanently delete this e-mail. Thank you.
+
+PRIVACY: A complete copy of our privacy policy can be viewed ht(oslAvww.cohengresser.com/privacy-policy.
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+To:
+
+Cc:
+
+Subject: Re: general Epstein update
+
+Date: Mon, 16 Mar 2020 19:47:26 +0000
+
+How about 5 pm today?
+
+Sent from my iPhone
+
+On Mar 16, 2020, at 3:06 PM, > wrote:
+
+Me and are around today
+
+NYPD / FBI
+
+Child Exploitation Human Trafficking Task Force
+
+From:
+
+Sent: Monday, March 16, 2020 2:21 PM
+
+To:
+
+Cc:
+
+subject: Re: general tpstem up a e
+
+I'm free whenever works for everyone. Thanks.
+
+Sent from my iPhone
+
+On Mar 16, 2020, at 1:58 PM, > wrote:
+
+I'm available anytime (my trial has been adjourned indefinitely).
+
+From:
+
+Sent: Monday, March 16, 2020 1:49 PM
+
+Subject: RE: general Epstein update
+
+Team,
+
+I got in touch with attorney earlier today, and understandably they would like to postpone the meeting previously scheduled for tomorrow, which is also consistent with our office's recent direction to limit meetings to
+
+those that are mission critical. We'll circle back with them once things get back to normal (or normal-ish), which I guess may be some period of weeks or months.
+
+More generally, is there a time later this afternoon or tomorrow that would be convenient for a quick conference call to talk about status of the case in eneral? In some ways the current circumstances are very frustrating and will delay certain steps (meeting with ieeting wittiMin-person approaches, etc) but it will also provide time to do additional research and memos, 302s, reviewing search warrant results, etc. So whenever is good for everybody, would be great to chat for just like 10 minutes or so and figure out how to best make use of the time.
+
+Meanwhile, I hope everybody is healthy and safe, and talk soon.
+
+
+
+Assistant U.S. Attorney Southern District of New York
+
+
\ No newline at end of file
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@@ -0,0 +1,47 @@
+From:
+
+[REDACTED]
+
+To:
+
+[REDACTED]
+
+**Subject:** Re: general Epstein update
+**Date:** Mon, 16 Mar 2020 18:21:30 +0000
+
+---
+
+I'm free whenever works for everyone. Thanks.
+
+Sent from my iPhone
+
+On Mar 16, 2020, at 1:58 PM, [REDACTED] wrote:
+
+*I'm available anytime (my trial has been adjourned indefinitely).*
+
+---
+
+**From:** [REDACTED]
+
+**Sent:** Monday, March 16, 2020 1:49 PM
+
+**To:** [REDACTED]
+
+[REDACTED]
+
+**Subject:** RE: general Epstein update
+
+Team,
+
+I got in touch with [REDACTED] attorney earlier today, and understandably they would like to postpone the meeting previously scheduled for tomorrow, which is also consistent with our office's recent direction to limit meetings to those that are mission critical. We'll circle back with them once things get back to normal (or normal-ish), which I guess may be some period of weeks or months.
+
+More generally, is there a time later this afternoon or tomorrow that would be convenient for a quick conference call to talk about status of the case in general? In some ways the current circumstances are very frustrating and will delay certain steps (meeting with [REDACTED], meeting with [REDACTED] in-person approaches, etc) but it will also provide time to do additional research and memos, 302s, reviewing search warrant results, etc. So whenever is good for everybody, would be great to chat for just like 10 minutes or so and figure out how to best make use of the time.
+
+Meanwhile, I hope everybody is healthy and safe, and talk soon.
+
+[REDACTED]
+
+Assistant U.S. Attorney
+Southern District of New York
+
+[REDACTED]
\ No newline at end of file
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+From: "Kathleen E. Cassidy" Cc: Susan Necheles
+
+Subject: RE: Submission on behalf o'
+
+Date: Tue, 24 Mar 2020 19:03:39 +0000
+
+Attachments:
+
+We share with you the attached draft submission in anticipation of our call.
+
+Thanks,
+
+From:
+
+Sent: Tuesday, March 24, 2020 12:51 PM
+
+To: Kathleen E. Cassidy
+
+Cc: Susan Necheles Susan Necheles
+
+Subject: RE: Submission on behalf ofElli
+
+That works for us, and thanks for sending the dial-in information. Talk with you then.
+
+From: Kathleen E. Cassidy
+
+Sent: Tuesday, March 24, 2020 10:30
+
+To:
+
+Cc: Susan Necheles • Susan Necheles
+
+Subject: Re: Submission on behalf of
+
+Can we do 5:30?
+
+Passcode
+
+Sent from my iPhone
+
+On Mar 24, 2020, at 10:14 AM, wrote:
+
+Susan,
+
+We could talk anytime this afternoon between 12:00 and 2:00, if there's a time then that works? Or otherwise after 5:00. And if you're able to send a dial-in, that would be helpful, but let us know if not.
+
+Sent: Monday, March 23, 2020 21:28
+
+To: >
+
+Cc: Susan Necheles
+
+Kathleen E. Cassidy
+
+Subject: Re: Submission on behalf
+
+Can we talk tomorrow afternoon? I hope to get you another draft in the morning.
+
+Susan R. Necheles
+
+Sent from my iPhone
+
+On Mar 23, 2020, at 4:20 PM wrote:
+
+Susan,
+
+We wanted to follow up on the below —we understand these are very unusual times but we're continuing to move ahead with our internal decision-making discussions, and it would be very helpful to be able to incorporate your client's proposal (if anything) in that process. It will be of particular use given the civil lawsuit Ms it is difficult for us to explain to our supervisors why she has been able to file a complaint but not to make a submission to our office. Would it be possible to schedule a call for tomorrow to discuss status? And separately we hope that you and your colleagues and families are weathering the current circumstances.
+
+thanks,
+
+From:
+
+Sent: Tuesday, March 17, 2020 16:16
+
+To: Susan Necheles
+
+Cc: Susan Necheles
+
+Kathleen E. Cassidy
+
+Subject: Re: Submission on behalf ofil
+
+Susan totally understand, and we appreciate you letting us know. That's not a problem.
+
+thanks,
+
+On Mar 17, 2020, at 15:46, Susan Necheles wrote:
+
+I am working on the new draft of this submission but it is going slower than I expected. has been in an emotionally and psychologically fragile state, and because offigLaronavirus, we cannot get her the proper therapy which she needs. We have suggested she go back to so at least she can be in her home and not shut up in a stranger's apartment here in NYC. Additionally, we attorneys have all shut our offices and are working at home, leading to a great loss in productivity.
+
+Sent from my iPhone
+
+On Mar 12, 2020, at 8:49 PM, wrote:
+
+Confirming receipt, thanks.
+
+From: Susan Necheles (via Google Docs)
+
+Sent: Thursday, March 12, 2020 20:40
+
+To: >
+
+Cc:
+
+Subject: Submission on behalf of
+
+has shared a link to the following document:
+
+<-WRD178.jpg>I
+
+Submission on behalf of
+
+Attached is a draft of the factual statement, just so that you can better understand the facts that we are presenting.
+
+We feel that giver abuse, and given the fact that we see her basically as a cog in Epstein's wheel, acting entirely at his direction and doing what she did at a time that she herself was a very vulnerable victim, a non-pros would be the appropriate disposition. But we want to discuss this with you before we finalize this and make a submission.
+
+Thanks Susan
+
+Open in Docs
+
+Google Docs: Create and edit documents online.
+
+Google LLC. 1600 Amphitheatre Parkway. Mountain View. CA 94043. USA
+
+You have received this email because someone shared a document with you from Google Docs.
+
+<-WRD178.jpgd
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+To: "'
+
+Cc: ' "
+
+Subject: RE: RE: follow-up
+
+Date: Mon, 23 Mar 2020 23:39:59 +0000
+
+Free to speak now if you're around.
+
+Robert Glassman, Esq.
+
+Panish Shea & Boyle LLP
+
+11111 Santa Monica Boulevard, Suite 700
+
+Los Angeles, CA 90025
+
+## CONFIDENTIALITY NOTICE:
+
+This e-mail may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or authorized to receive for the recipient), please contact the sender by reply e-mail or telephone, and delete all copies of this message.
+
+If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that Panish Shea & Boyle LLP and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.
+
+From: )
+
+Sent: Friday, March 20, 2020 1:28 PM
+
+To: Robert Glassman <
+
+Cc:
+
+Subject: RE: RE: follow-up
+
+Robert — got it, thank you. So that wouldn't have been her first trip, then, based on the flight records (and timeline), so we'll make that note. Thanks again.
+
+From: Robert Glassman
+
+Sent: Friday, March 20, 2020 16:26
+
+To:
+
+Cc:
+
+Subject: Re: RE: follow-up
+
+Hey Hope you guys are staying safe. Here was her response about the lion king:
+
+Broadway play... Epstein bragged about being good friends with Julie Taymor, and we had amazing first row mezzanine seats they she had apparently given him.
+
+Cc
+
+Subject: RE: follow-up
+
+Robert,
+
+Wanted to quickly follow up on our conversation from a couple weeks ago — obviously it was before the world imploded, so understand if you haven't gotten a chance to connect on this yet, but we were wondering about the Lion King question? Just to briefly remind, the Lion King musical first came out in 1997, which we think would have been well after first trip to New York (based on her recollection as well as the flight records), while the movie came out in 1994 and was in theaters through approximately spring 1995. So entirely possible she was referencing the movie version, or that going to the play wasn't the first visit, or just doesn't have a specific memory, etc etc, but wanted to check for our records and our decision-making process.
+
+Thank you! And hope you and your family are healthy and safe in the midst of everything going on.
+
+thanks again,
+
+Assistant U.S. Attorney Southern District of New York
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+UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
+
+CASE NO.: 08-CV-80811-CIV-MARRAMOHNSON
+
+C.M.A.,
+
+Plaintiff(s),
+
+VS.
+
+TEIN and
+
+Defendant(s).
+
+FIRST AMENDED COMPLAINT
+
+Parties, Jurisdiction and Venue
+
+COMES NOW the Plaintiff, C.M.A., and brings this First Amended Complaint
+
+against the Defendants, JEFFREY EPSTEIN an and states as
+
+follows:
+
+1. This is an action for damages in excess of \$75,000.00, exclusive of
+
+interest and costs.
+
+2. This Complaint is brought under a fictitious name in order to protect the
+
+identity of the Plaintiff, C.M.A., because this Complaint makes allegation of sexual
+
+assault and child abuse of a then minor.
+
+3. At all times material to this cause of action, the Plaintiff, C.M.A., was.
+
+A n EXHIBIT 3 a pn oonitblib\_
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+4. At all times material to this cause of action, the Defendant, JEFFREY
+
+EPSTEIN, had a residence located in Palm Beach County, Florida.
+
+5. At all times material to this cause of action, the Defendant, JEFFREY
+
+EPSTEIN, was an adult male, born in 1953.
+
+6. This Court has jurisdiction of this action and the claim set forth herein
+
+pursuant to 18 U.S.C. §2255.
+
+7. This Court has venue of this action pursuant to 28 U.S.C. §1391(a) as a
+
+substantial part of the events or omissions giving rise to the claim occurred in this
+
+district.
+
+8. At all times material, the Defendant, JEFFREY EPSTEIN, owed a duty
+
+unto Plaintiff, C.M.A., to treat her in a non-negligent manner and to not commit
+
+intentional or tortious illegal acts against her.
+
+Factual Allegations
+
+9. Upon information and belief, the Defendant, JEFFREY EPSTEIN, has
+
+demonstrated a sexual preference and obsession for minor girls. He engaged in a plan,
+
+scheme, and enterprise in which he gained access to economically disadvantaged
+
+minor girls, such as Plaintiff, C.MA., sexually assaulted these girls, and/or coerced
+
+them to engage in prostitution, and in return gave these girls money.
+
+10. The Defendants plan, scheme and enterprise included an elaborate
+
+system wherein the then minor Plaintiff and other minor girls were brought to the
+
+2
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARFtA/JOHNSON
+
+First Amended Complaint
+
+Defendant, JEFFREY EPSTEIN'S, residence by the Defendant's employees and
+
+assistants. When the employees and assistants left the then minor Plaintiff and other
+
+minor girls alone in a room at the Defendant's mansion, the Defendant, JEFFREY
+
+EPSTEIN, himself would appear, remove his clothing, and direct the then minor Plaintiff
+
+to remove her clothing. He would then perform one or more lewd, lascivious, and
+
+sexual acts, including, but not limited to, masturbation, touching of the then minor
+
+Plaintiffs breasts and buttock, and solicitation and enticement of the then minor Plaintiff
+
+to engage in sexual acts with another female in JEFFREY EPSTEIN'S presence.
+
+11. The Plaintiff, C.M.A., was the first brought to the Defendant, JEFFREY
+
+EPSTEIN'S, mansion in late May or early June of 2002, when she was fifteen-years old
+
+and in middle school.
+
+12. The Defendant, JEFFREY EPSTEIN, a wealthy financier with a lavish
+
+home, significant wealth, anetwork of assistants and employees, used his resources
+
+and his influence over a vulnerable minor child to engage in asystematic pattern of
+
+sexually exploitive behavior.
+
+13. Beginning in approximately late May or early June of 2002, and continuing
+
+until approximately August of 2003, the Defendant coerced and enticed the
+
+impressionable, vulnerable, and economically deprived then minor Plaintiff to commit
+
+various acts of sexual misconduct. These acts occurred, on average, one to three times
+
+per week from late May or early June of 2002 until August of 2003. At a bare minimum,
+
+3
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80311-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+these acts occurred twice a month from June 2002 until August of 2003. While the
+
+precise dates these acts occurred are unknown to Plaintiff, including those weeks in
+
+which no acts occurred, these dates are known by Defendant, JEFFREY EPSTEIN, as
+
+he is reported to have kept awritten log of each and every instance in which he
+
+engaged in these illegal acts with the then minor Plaintiff, C.M.A. and others. These
+
+acts included, but were not limited to, fondling and inappropriate and illegal sexual
+
+touching of the then minor Plaintiff, sexual misconduct and masturbation of the
+
+Defendant, JEFFREY EPSTEIN, in the presence of the then minor Plaintiff, soliciting
+
+and enticing the then minor Plaintiff to engage in sexual acts with another female in
+
+JEFFREY EPSTEIN'S presence, and encouraging the then minor Plaintiff to become
+
+involved in prostitution; Defendant, JEFFREY EPSTEIN, committed numerous criminal
+
+sexual offenses against the then minor Plaintiff including, but not limited to, sexual
+
+battery, solicitation of prostitution, procurement of a minor for the purpose of
+
+prostitution, and lewd and lascivious assaults upon the person of the then minor
+
+Plaintiff.
+
+14. Defendant, JEFFREY EPSTEIN, used his money, wealth and power to
+
+unduly and improperly manipulate and influence the then minor Plaintiff.
+
+15. The acts referenced in paragraphs 9 through 14, committed by Defendant,
+
+JEFFREY EPSTEIN, against the then minor Plaintiff, C.M.A., were committed in
+
+violation of numerous criminal State and Federal statutes condemning the sexual
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+exploitation of minor children, prostitution, sexual performance by a child, lewd and
+
+lascivious assaults, sexual battery, contributing the delinquency of a minor and other
+
+crimes, specifically including, but not limited to, those crimes designated in 18 USC
+
+§2241, §2242, §2243, §2421, and §2423, criminal offenses outlined In Chapter 800 of
+
+the Federal Codes, as well as those designated in Florida Statutes §796.03, §796.07,
+
+§796.045, §796.04, §39.01; and §827.04.
+
+16. The above-described acts took place in Palm Beach County, Florida, at
+
+the residence of the Defendant, JEFFREY EPSTEIN. Any assertions by the Defendant,
+
+JEFFREY EPSTEIN, that he was unaware of the age of the then minor Plaintiff are
+
+belied by his actions and rendered irrelevant by the provisions of applicable Florida
+
+Statutes concerning the sexual exploitation and abuse of a minor child. The Defendant,
+
+JEFFREY EPSTEIN, at all times material to this cause of action, knew and should have
+
+known of the Plaintiff, C.M.A.'s minority.
+
+17. In June 2008, in the Fifteenth Judicial Circuit in Palm Beach County,
+
+Florida, the Defendant, JEFFREY EPSTEIN, entered pleas of "guilty" to various Florida
+
+state crimes involving the solicitation of minors for prostitution and the procurement of
+
+minors for the purpose of prostitution.
+
+18. As a condition of that plea, and in exchange for the Federal Government
+
+not prosecuting the Defendant, JEFFREY EPSTEIN, for numerous federal offenses,
+
+Defendant, JEFFREY EPSTEIN, additionally entered into an agreement with the
+
+5
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+Federal Government to the following: "Any person, who while a minor, was a victim of
+
+an offense enumerated in Title 18, United States Code, Section 2255, will have the
+
+same rights to proceed under section 2255 as she would have had, if Mr. Epstein had
+
+been tried federally and convicted of an enumerated offense. For purposes of
+
+implementing this paragraph, the United States shall provide Mr. Epstein's attorneys
+
+with a list of individuals whom it was prepared to name in an indictment as victims of an
+
+enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision,
+
+including any authority determining evidentiary burdens if any a Plaintiff must meet,
+
+shall consider that it is the intent of the parties to place these identified victims in the
+
+same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less".
+
+19. The Defendant, JEFFREY EPSTEIN, is thus estopped by his plea and
+
+agreement with the Federal Government from denying the acts alleged In this
+
+Complaint, and must effectively admit liability to the Plaintiff, C.M.A.
+
+COUNT I
+
+Cause of Action Pursuant to 18 USC §2255
+
+May/June 2002
+
+20. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+6
+
+C.M.A. vs. Epstein, et at.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+21. In late May or early June of 2002, C.M.A. was first introduced to
+
+Defendant, JEFFREY EPSTEIN. C.M.A. was brought to JEFFREY EPSTEIN'S
+
+residence by afemale friend of hers. C.M.A. sat on the couch while the female friend
+
+took off her own clothes, mounted JEFFREY EPSTEIN who was wearing only atowel
+
+and lying on atable, and performed asexual act upon JEFFREY EPSTEIN in the
+
+presence of C.M.A. In exchange for her participation as an observer of JEFFREY
+
+EPSTEIN'S lewd and lascivious conduct, C.M.A. was paid \$300 by JEFFREY
+
+EPSTEIN.
+
+22. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+7
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+23. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+24. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+25. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+S
+
+C.MA. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/J0HNS0N
+
+First Amended Complaint
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent In nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT II
+
+Cause of Action Pursuant to 18 USC §2255
+
+June 2002- Incident 2
+
+26. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+27. Approximately one week after the first incident, C.M.A. received a
+
+telephone call from AFFREY EPSTEIN requesting that she return to his residence. On
+
+this occasion, JEFFREY EPSTEIN directed C.M.A to undress to her brassiere and
+
+underwear and to provide him with a massage. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. \$300 for this encounter.
+
+9
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+28. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less?
+
+29. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+10
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+30. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+31. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.MA" will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+11
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/J0HNS0N
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT III
+
+Cause of Action Pursuant to 18 USC 42255
+
+July, 2002 — Incident 1
+
+32. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+33. In July of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S residence
+
+at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to undress to her
+
+underwear and to provide him with a massage. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+34. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+12
+
+C.M.A. vs. Epstein, et at
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+35. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+36. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+37. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+13
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.MA., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT IV
+
+Cause of Action Pursuant to 18 USC 42266
+
+July 2002 — Incident 2
+
+14
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARFUVJOHNSON
+
+First Amended Complaint
+
+38. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+39. For the second time in July of 2002, C.M.A. again returned to JEFFREY
+
+EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed
+
+C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY
+
+EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion
+
+of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence.
+
+JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+40. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+15
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less?
+
+41. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+42. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+43. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then Minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+16
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/J0HNS0N
+
+First Amended Complaint
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These Injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT V
+
+Cause of Action Pursuant to 18 USC §2255
+
+August of 2002 - Incident 1
+
+44. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+45. In August of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+17
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+46. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less?
+
+47. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+18
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+48. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+49. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.MA.,
+
+has suffered a loss of income, a loss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+19
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT VI
+
+Cause of Action Pursuant to 18 USC 42255
+
+August of 2002 — Incident 2
+
+50. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+51. For the second time in August of 2002, C.MA. again returned to
+
+JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN
+
+directed C.M.A to fully undress and to provide him with a massage. Defendant,
+
+JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the
+
+conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s
+
+presence. JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+52. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Govemment to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+20
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the Intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+53. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated In
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+54. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.R., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+55. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical Injury, pain and
+
+21
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/J0HNS0N
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries aro permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT VII
+
+Cause of Action Pursuant to 18 USC §2255
+
+September of 2002 — Incident 1
+
+56. The. Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+22
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+57. In September of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+58. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of Implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less?
+
+23
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+59. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+60. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+61. As a direct and proximate result of the offenses enumerated in Tdle 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+24
+
+C.MA. vs. Epstein, et at.
+
+Case No.: 08-CV-80811-CIV-MARFtA/JOHNSON
+
+First Amended Complaint
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by Jury on all
+
+issues triable as of right by a jury.
+
+COUNT VIII
+
+Cause of Action Pursuant to 18 USC §2255
+
+September of 2002 — Incident 2
+
+62. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+63. For the second time in September of 2002, C.M.A. again returned to
+
+JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN
+
+directed C.M.A to fully undress and to provide him with a massage. Defendant,
+
+JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.MA. At the
+
+conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s
+
+presence. JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+25
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+64. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less?"
+
+65. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+26
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARFtA/J0HNSON
+
+First Amended Complaint
+
+66. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.MA.
+
+67. As a direct and proximate result of the offenses enumerated In Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+27
+
+C.M.A. vs. Epstein, et at
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT IX
+
+Cause of Action Pursuant to 18 USC V255
+
+October of 2002 — Incident 1
+
+68. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+69. In October of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.MA.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. In excess of \$200 for this encounter.
+
+70. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+28
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr: Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+71. The Plaintiff, C.MA., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+72. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+73. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+29
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her Into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+Issues triable as of right by a jury,
+
+COUNT X
+
+Cause of Action Pursuant to 18 USC 42255
+
+October of 2002 - Incident 2
+
+30
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+74. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+75. For the second time in October of 2002, C.M.A. again returned to
+
+JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN
+
+directed C.M.A to fully undress and to provide him with a massage. Defendant,
+
+JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the
+
+conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s
+
+presence. JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+76. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of Individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+31
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRNJOHNSON
+
+First Amended Complaint
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+77. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+78. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+79. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255,. being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+32
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.MA., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XI
+
+Cause of Action Pursuant to 18 USC §22S5
+
+November of 2002 — Incident 1
+
+80. The Plaintiff, C.MA., adopts and realleges paragraphs 1 through 19
+
+above.
+
+81. In November of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself In C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+33
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+82. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United Slates shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an Indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less.'
+
+83. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+34
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+84. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+85. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.MA.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+35
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XII
+
+Cause of Action Pursuant to 18 USC §2255
+
+November of 2002 — Incident 2
+
+86. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+87. For the second time in November of 2002, C.M.A. again returned to
+
+JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN
+
+directed C.M.A to fully undress and to provide him with a massage. Defendant,
+
+JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the
+
+conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s
+
+presence. JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+88. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated In Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+36
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+89. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated In
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+90. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+91. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+37
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XIII
+
+Cause of Action Pursuant to 18 USC \$2255
+
+December of 2002 — Incident 1
+
+92. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+38
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+93. In December of 2002, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself. in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+94. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+In exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of Implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+39
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+95. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+96. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+97. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code; Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.MA., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, a loss of the capacity to earn income in the future, and a
+
+40
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.MA., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XIV
+
+Cause of Action Pursuant to 18 USC §2255
+
+December of 2002 — Incident 2
+
+98. The Plaintiff, C.MA., adopts and realleges paragraphs 1 through 19
+
+above.
+
+99. For the second time in December of 2002, C.M.A. again returned to
+
+JEFFREY EPSTEIN'S residence at his request On this occasion, JEFFREY EPSTEIN
+
+directed C.M.A to fully undress and to provide him with a massage. Defendant,
+
+JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the
+
+conclusion of the massage, JEFFREY EPSTEIN masturbated himself In C.M.A.'s
+
+presence. JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+41
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+100. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+101. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+42
+
+C.M.A. vs. Epstein, et al,
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+102. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+103. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+43
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XV
+
+Cause of Action Pursuant to 18 USC 42255
+
+January of 2003 — Incident 1
+
+104. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+105. In January of 2003, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts arid buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+106. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+44
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less?
+
+107. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+108. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+109. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+45
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 0B-CV-80811-CIV-MARRNJOHNSON
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her Into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by Jury on all
+
+issues triable as of right by a jury.
+
+COUNT XVI
+
+Cause of Action Pursuant to 18 USC 42255
+
+January of 2003 — Incident 2
+
+110. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+46
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+111. For the second time in January of 2003, C.M.A. again returned to
+
+JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN
+
+directed C.M.A to fully undress and to provide him with a massage. Defendant,
+
+JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the
+
+conclusion of the massage, JEFFREY EPSTEIN masturbated himself In C.M.A.'s
+
+presence. JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+112. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+47
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+113. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+114. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+115. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+48
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRAJJOHNSON
+
+First Amended Complaint
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.MA., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XVII
+
+Cause of Action Pursuant to 18 USC 42255
+
+February of 2003 — Incident 1
+
+116. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+117. In February of 2003, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+49
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+118. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom It was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens If any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+119. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+50
+
+C.M.A. vs. Epstein, etas.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+120. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+121. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, a loss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+51
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XVIII
+
+Cause of Action Pursuant to 18 USC 42255
+
+February of 2003 — Incident 2
+
+122. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+123. For the second time in February of 2003, C.M.A. again returned to
+
+JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN
+
+directed C.M.A to fully undress and to provide him with a massage. Defendant,
+
+JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the
+
+conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s
+
+presence. JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+124. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated In Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+52
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the Intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+125. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+126. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+127. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+53
+
+G.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOI•INSON
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XIX
+
+Cause of Action Pursuant to 18 USC §2255
+
+March of 2003 — Incident 1
+
+128. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+54
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+129. In March of 2003, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+130. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Govemment to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+55
+
+C.M.A vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRAJJOHNSON
+
+First Amended Complaint
+
+131. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+132. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+133. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.MA., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, a loss of the capacity to earn income in the future, and a
+
+56
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARFtA/JOHNSON
+
+First Amended Complaint
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XX
+
+Cause of Action Pursuant to 18 USC 42255
+
+March of 2003 — Incident 2
+
+134. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+135. For the second time in March of 2003, C.M.A. again returned to JEFFREY
+
+EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed
+
+C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY
+
+EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion
+
+of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence.
+
+JEFFREY EPSTEIN paid C.M.A. In excess of \$200 for this encounter.
+
+57
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRAIJOHNSON
+
+First Amended Complaint
+
+136. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+137. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+58
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+138. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff,
+
+139. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical arid psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+59
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a Jury.
+
+COUNT XXI
+
+Cause of Action Pursuant to 18 USC 82255
+
+April of 2003 — ncident 1
+
+140. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+141. In April of 2003, C.M.A. again returned to JEFFREY EPSTEIN'S residence
+
+at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully undress
+
+and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled the
+
+breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+142. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+60
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that It is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+143. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+144. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+145. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+61
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXII
+
+Cause of Action Pursuant to 18 USC \$2255
+
+April of 2003 — Incident 2
+
+146. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+62
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+147. For the second time in April of 2003, C.M.A. again returned to JEFFREY
+
+EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed
+
+C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY
+
+EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion
+
+of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence.
+
+JEFFREY EPSTEIN paid C.M.A. In excess of \$200 for this encounter.
+
+148. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed tinder section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of Implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+63
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-Cht-MARFtA/JOHNSON
+
+First Amended Complaint
+
+149. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+150. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+151. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will In
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+64
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXIII
+
+Cause of Action Pursuant to 18 USC §2255
+
+May of 2003 — Incident 1
+
+152. The Plaintiff, C.MA., adopts and realleges paragraphs 1 through 19
+
+above.
+
+153. In May of 2003, C.M.A. again returned to JEFFREY EPSTEIN'S residence
+
+at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully undress
+
+and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled the
+
+breasts and buttocks of the then minor C.MA. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+65
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+154. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it Is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+155. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+66
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+156. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M\_A.
+
+157. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+67
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXIV
+
+Cause of Action Pursuant to 18 USC 42255
+
+May of 2003 — Incident 2
+
+158. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+159. For the second time in May of 2003, C.M.A. again returned to JEFFREY
+
+EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed
+
+C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY
+
+EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion
+
+of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence.
+
+JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+160. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+68
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+161. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+162. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+163. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+69
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, a loss of the capacity to earn income In the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXV
+
+Cause of Action Pursuant to 18 USC 42255
+
+June of 2003 — Incident 1
+
+164. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+70
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+165. In June of 2003, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+166. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: 'Any person, who white a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom It was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims In
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less?
+
+71
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-C IV-MARRA/JOHNSON
+
+First Amended Complaint
+
+167. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+168. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+169. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will In the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, a loss of the capacity to earn Income in the future, and a
+
+72
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXVI
+
+Cause of Action Pursuant to 18 USC §2255
+
+June of 2003 — Incident 2
+
+170. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+171. For the second time in June of 2003, C.M.A. again returned to JEFFREY
+
+EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed
+
+C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY
+
+EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion
+
+of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence.
+
+JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+73
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRAIJOHNSON
+
+First Amended Complaint
+
+172. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+173. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government
+
+74
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+174. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+175, As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorneys fees, costs, and such other and further
+
+75
+
+C.M.A. vs. Epstein, et at
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial
+
+issues triable as of right by a jury.
+
+COUNT XXVII
+
+Cause of Action Pursuant to 18 USC §2255
+
+July of 2003 - Incident 1
+
+by jury on all
+
+176. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+177. In July of 2003, C.M.A. again returned to JEFFREY EPSTEIN'S residence
+
+at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully undress
+
+and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled the
+
+breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+178. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+76
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. My judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that It is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+179. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government
+
+180. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+181. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+77
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARR/VJOHNSON
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M,A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, a loss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+Issues triable as of right by a jury.
+
+COUNT XXVIII
+
+Cause of Action Pursuant to 18 USC §2255
+
+July of 2003 — Incident 2
+
+182. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+78
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+183. For the second time in July of 2003, C.M.A. again returned to JEFFREY
+
+EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN directed
+
+C.M.A to fully undress and to provide him with a massage. Defendant, JEFFREY
+
+EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the conclusion
+
+of the massage, JEFFREY EPSTEIN masturbated himself in C.MA.'s presence.
+
+JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+184. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: °Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+79
+
+C.M.A. vs. Epstein, et at
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+185. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+186. Pursuant to the agreement the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+187. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, a loss of the capacity to earn income in the future, and a
+
+80
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRPJJOHNSON
+
+First Amended Complaint
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.MA., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXIX
+
+Cause of Action Pursuant to 18 USC §2255
+
+August of 2003 — Incident 1
+
+188. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+189. In August of 2003, C.M.A. again returned to JEFFREY EPSTEIN'S
+
+residence at his request. On this occasion, JEFFREY EPSTEIN directed C.M.A to fully
+
+undress and to provide him with a massage. Defendant, JEFFREY EPSTEIN, fondled
+
+the breasts and buttocks of the then minor C.M.A. At the conclusion of the massage,
+
+JEFFREY EPSTEIN masturbated himself in C.M.A.'s presence. JEFFREY EPSTEIN
+
+paid C.M.A. in excess of \$200 for this encounter.
+
+81
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+190. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: "Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens If any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+191. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+82
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRAMOHNSON
+
+First Amended Complaint
+
+192. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+193. As a direct and proximate result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, a loss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.MA, demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+83
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRNJOHNSON
+
+First Amended Complaint
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXX
+
+Cause of Action Pursuant to 18 USC §2255
+
+August of 2003 — Incident 2
+
+194. The Plaintiff, C.M.A., adopts and realleges paragraphs 1 through 19
+
+above.
+
+195. For the second time in August of 2003, C.M.A. again returned to
+
+JEFFREY EPSTEIN'S residence at his request. On this occasion, JEFFREY EPSTEIN
+
+directed C.M.A to fully undress and to provide him with a massage. Defendant,
+
+JEFFREY EPSTEIN, fondled the breasts and buttocks of the then minor C.M.A. At the
+
+conclusion of the massage, JEFFREY EPSTEIN masturbated himself in C.M.A.'s
+
+presence. JEFFREY EPSTEIN paid C.M.A. in excess of \$200 for this encounter.
+
+196. As a condition of the Defendant, JEFFREY EPSTEIN's criminal plea, and
+
+in exchange for the Federal Government not prosecuting the Defendant for numerous
+
+federal offenses, the Defendant, JEFFREY EPSTEIN, additionally entered into an
+
+agreement with the Federal Government to the following: 'Any person, who while a
+
+minor, was a victim of an offense enumerated in Title 18, United States Code, Section
+
+2255, will have the same rights to proceed under section 2255 as she would have had,
+
+84
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+if Mr. Epstein had been tried federally and convicted of an enumerated offense. For
+
+purposes of implementing this paragraph, the United States shall provide Mr. Epstein's
+
+attorneys with a list of individuals whom it was prepared to name in an indictment as
+
+victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this
+
+provision, including any authority determining evidentiary burdens if any a Plaintiff must
+
+meet, shall consider that it is the intent of the parties to place these identified victims in
+
+the same position as they would have been had Mr. Epstein been convicted at trial. No
+
+more; no less."
+
+197. The Plaintiff, C.M.A., was a victim of one or more offenses enumerated in
+
+Title 18, United States Code, Section 2255, and as such asserts a cause of action
+
+against the Defendant, JEFFREY EPSTEIN, pursuant to this Section of the United
+
+States Code and the agreement between the Defendant, JEFFREY EPSTEIN, and the
+
+United States Government.
+
+198. Pursuant to the agreement, the Defendant, JEFFREY EPSTEIN, is in the
+
+same position as if he had been tried and convicted of the sexual offenses committed
+
+against the Plaintiff, C.M.A., and as such he must effectively admit liability unto the
+
+Plaintiff, C.M.A.
+
+199. As a direct and proximate.result of the offenses enumerated in Title 18,
+
+United States Code, Section 2255, being committed against the then minor Plaintiff,
+
+C.M.A., has in the past suffered, and will in the future suffer, physical injury, pain and
+
+85
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+suffering, emotional distress, psychological trauma, mental anguish, humiliation,
+
+embarrassment, loss of self-esteem, loss of dignity, invasion of her privacy and other
+
+damages associated with Defendant, JEFFREY EPSTEIN, controlling, manipulating and
+
+coercing her into a perverse and unconventional way of life for a minor. The then minor
+
+Plaintiff incurred medical and psychological expenses and the Plaintiff, C.M.A., will in
+
+the future suffer additional medical and psychological expenses. The Plaintiff, C.M.A.,
+
+has suffered a loss of income, aloss of the capacity to earn income in the future, and a
+
+loss of the capacity to enjoy life. These injuries are permanent in nature and the
+
+Plaintiff, C.M.A., will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXXI
+
+Sexual Battery
+
+200. The Plaintiff, C.MA., adopts and realleges paragraphs 1 through 199
+
+above.
+
+86
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+201. Between late May or early June of 2002 and August of 2003, Defendant,
+
+JEFFERY EPSTEIN, engaged in dozens of illegal and depraved sexual acts against
+
+Plaintiff, C.M.A.
+
+202. As described more fully in the above paragraphs, Defendant, JEFFERY
+
+EPSTEIN, intentionally inflicted harmful and/or offensive sexual contact on the person of
+
+C.M.A.
+
+203. Defendant, JEFFREY EPSTEIN'S, tortuous commission of sexual battery
+
+upon C.M.A. were done willfully and maliciously.
+
+204. As a direct and proximate result of JEFFREY EPSTEIN'S battery on
+
+C.M.A., she has suffered and will continue to suffer severe and permanent traumatic
+
+injuries, including mental, psychological and emotional damages.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+JEFFREY EPSTEIN, for compensatory damages of at least the minimum amount
+
+provided by law, punitive damages, attorney's fees, costs, and such other and further
+
+relief as this Court deems just and proper, and hereby demands trial by jury on all
+
+issues triable as of right by a jury.
+
+COUNT XXXII
+
+Conspiracy to Commit Tortious Assault Against Defendant
+
+205. Plaintiff incorporates into this count the allegations of paragraphs 1
+
+through 19.
+
+87
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+206. Defendant is one of Defendant, JEFFREY EPSTEIN'S,
+
+referenced in paragraph 12 above. Defendant, JEFFREY
+
+EPSTEIN, Defendant, and others reached an agreement between
+
+themselves for the purpose of allowing Defendant, JEFFREY EPSTEIN, to commit the
+
+illegal acts described above upon Plaintiff, C.M.A.
+
+207. Many of the instances of illegal sexual conduct committed by Defendant,
+
+JEFFREY EPSTEIN, described above were perpetrated with the assistance, support,
+
+and facilitation by Defendant, In fact, Defendant,
+
+aided, assisted, and/or abetted Defendant, JEFFREY EPSTEIN, in his organized
+
+scheme and plan to sexually assault, and/or coerce Plaintiff, C.M.A., to engage in
+
+prostitution.
+
+208. Defendant, would often arrange times for C.M.A. to
+
+come to Defendant, JEFFREY EPSTEIN'S, residence, would escort C.M.A. to the room
+
+where Defendant, JEFFREY EPSTEIN, was waiting, would deliver cash from
+
+Defendant, JEFFREY EPSTEIN, at the conclusion of a session, and took nude
+
+photographs of Plaintiffs, C.M.A., for Defendant, JEFFREY EPSTEIN.
+
+209. As a direct and proximate result of Defendant,
+
+participation in the aforementioned conspiracy, Plaintiff, C.M.A, has suffered and will
+
+continue to suffer damages, including, but not limited to, pain, suffering, emotional
+
+distress, psychological trauma, mental anguish, humiliation, embarrassment, loss of
+
+88
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+self-esteem, loss of dignity, invasion of personal privacy and other damages associated
+
+with JEFFREY EPSTEIN'S controlling , manipulating, and coercing C.M.A. into a
+
+perverse and unconventional way of life for a minor. The then minor Plaintiff incurred
+
+medical and psychological expenses and the Plaintiff, C.MA., will in the future suffer
+
+additional medical and psychological expenses. The Plaintiff, C.M.A., has suffered a
+
+loss of income, aloss of the capacity to earn income in the future, and a loss of the
+
+capacity to enjoy life. These injuries are permanent in nature and the Plaintiff, C.M.A.,
+
+will continue to suffer these losses in the future.
+
+WHEREFORE, the Plaintiff, C.M.A., demands judgment against the Defendant,
+
+....or compensatory damages of at least the minimum amount provided
+
+by law, punitive damages, attorney's fees, costs, and such other and further relief as
+
+this Court deems just and proper, and hereby demands trial by jury on all issues triable
+
+as of right by a jury.
+
+CERTIFICATE OF SERVICE
+
+IHEREBY CERTIFY that on the 9th day of February, 2009, I electronically filed
+
+the foregoing with the Clerk of the Court by using CM/ECF system, which will send a
+
+notice of electronic filing to all counsel of record on the attached service list.
+
+89
+
+C.M.A. vs. Epstein, et al.
+
+Case No.: 08-CV-80811-CIV-MARRA/JOHNSON
+
+First Amended Complaint
+
+Page 90 of 91
+
+/s/Jack P Hill Jack Scarola
+
+Florida Bar No.: 169440
+
+Jack P. Hill
+
+Florida Bar No.: 0547808
+
+Shipley, P.A.
+
+Attorneys for s
+
+90
+
+C.M.A. vs. Epstein, et al.
+
+case No.: 08-CV-80811-CIV-MARRNJOHNSON
+
+First Amended Complaint
+
+Page 91 of 91
+
+COUNSEL LIST
+
+Richard H. Willits, Esquire Richard H. Willits, PA.
+
+Robert Critton, Esquire
+
+Burman Critton Luther & Coleman LLP
+
+Jack A. Goldberger, Esquire
+
+Bruce E. Reinhart, Esquire 11 .
+
+91
\ No newline at end of file
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diff --git a/marker2/ds9/EFTA00087944/EFTA00087944.md b/marker2/ds9/EFTA00087944/EFTA00087944.md
new file mode 100644
index 0000000000000000000000000000000000000000..ee854916320c37574b8af66a179d2d9948a78c42
--- /dev/null
+++ b/marker2/ds9/EFTA00087944/EFTA00087944.md
@@ -0,0 +1,19 @@
+To:
+
+Cc: Sigrid MeCawley Cc: 1 y, t ,,
+
+Subject: RE: new materials for Maxwell upload to Relativity
+
+Date: Mon, 17 Aug 2020 15:44:30 +0000
+
+I have finished with the thumb drive and I will be sending the drive back to you. Please note that the FedEx will say it is from the White Plains office. The FedEx Tracking number is
+
+Thank you.
+
+From:
+
+Sent: Tuesday, August 04, 2020 1:48 PM
+
+To:
+
+Cc: >;
+
+Subject: RE: new materials for Maxwell upload to Relativity
+
+I know you're on vacation this week, but wanted to very briefly follow up on the below — I'm going to ask to mail you the thumb drive referenced below, which has folders for five devices (NYCO24332, NYCO24369, NYCO24369 1, NYCO24372, and NYCO24384) on this coming Monday, so that you'll be around when it arrives (and in case you have to sign for it). Per usual, if you could please take a look at it when you receive it, and then send on to PAE for processing and upload to Relativity, that would be great. Thank you!!
+
+From:
+
+Sent: Tuesday, August 04, 2020 13:44
+
+To:
+
+Cc: >;
+
+Subject: RE: [EXTERNAL EMAIL] - RE: Epstein Evidence status
+
+Following up on the below, thanks for those responses, that's very useful. In terms of the one outstanding item, in the thumb drive I received from yesterday with CART materials, NYCO27913 is not included, so we are still missing that one.
+
+But I do see that each of the items with the "Included next round" label from the most recent spreadsheet (attached, with those items highlighted in red) are included, so that's helpful, thanks.
+
+In terms of any of the folders that have been produced so far, I know that you've sent supplemental materials on a handful of them (approximately seven total, I think) – do you currently expect to send any other supplemental materials for any of the devices we've received so far? Or are we fully complete?
+
+And then assuming those are all fully complete, or once they are, the only items pending will be the devices highlighted in gray in the attached, which we understand are being processed for hardware recovery.
+
+thanks,
+
+![A black rectangular bar with a small white circle on the right side.]()From: [REDACTED] >
+
+**Sent:** Monday, August 03, 2020 19:17
+
+To: [REDACTED] <[REDACTED]>
+
+Cc: [REDACTED] >; [REDACTED] >; [REDACTED] >; [REDACTED] < [REDACTED] >; [REDACTED] < [REDACTED] >; [REDACTED] >; [REDACTED] < [REDACTED] >; [REDACTED] < [REDACTED] >; [REDACTED] ([REDACTED]) &
+
+**Subject:** RE: [EXTERNAL EMAIL] - RE: Epstein Evidence status
+
+Sorry I didn't get back sooner. It's been kinda crazy. I'll answer your questions in order, so match them up. I'm going off what I can see on my phone.
+
+The final items were given to ██████████. She should have them. Reach out to her for delivery.
+
+The 3 folders you mention contain supplemental files, do not ignore them.
+
+I am pretty sure NYC027913 is included with the items ██████████ has. If not, please let me know.
+
+As far as the old questions, you should have everything now.
+
+The zero byte files are just that. Sometimes the software will recover either file headers, or items off the directory listings, but no actual content. It lists them as zero length files.
+
+Need anything further, let me know.
+
+On Aug 3, 2020 3:33 PM, "[REDACTED]" <[REDACTED]> wrote:
+
+I know you may still be traveling, but I wanted to check in on a handful of outstanding issues. If you’re not available, perhaps Francesco can assist?
+
+1. 1. On this past Sunday and Monday, you had said you had you had additional materials you planned to get to us on Monday. I don't believe we ever received anything additional this past week. Are those still pending, and if so, when can we get those materials?
+2. 2. There were three folders that were included in the first disc you provided to us, but then also provided again on the most recent disc. Those folders are: NYC024328, NYC024366, and NYC024392. Can you please let us know why those were provided twice? In particular, we need to know whether any supplemental information is in the new folders with those NYC numbers, or whether we can ignore them on the recent disc because we already received them.
+
+1. One item is listed on your spreadsheet as having been provided on 7/23, but it was not on the most recent disc you sent. That item is: NYC027913 (row 40 in your spreadsheet).
+
+In case it's useful, I'm attaching a version of the spreadsheet you put on the disc, but with all the items we received folders for on the most recent hard drive highlighted in yellow.
+
+Separately, we're still waiting on answers to the questions from Thursday and Friday, July 23 and 24. To refresh, those questions are:
+
+1. Comparing your most recent spreadsheet to the prior one, and leaving aside the "Nothing for Southern" designations as well as the NYC numbers that look like they're for the desktops that held the actual drives we're looking at (such as NYC024385, 387, 389, 391, and 393, and NYC027909), I think there are just three additional devices listed here that weren't on the spreadsheet you previously sent. I have those as: NYC024328 (row 10), NYC024367 (row 62), and NYC027910 (row 96). Please confirm that these were added, and also that we're not missing any? I believe those were all provided on the first disc.
+2. As previously mentioned, the vendor has advised that in the initial seven devices provided, there were approximately 71,000 documents that are zero bytes (i.e., empty files). They are listed in the second attached spreadsheet. Is that accurate? Or does that reflect some issue with the extraction process?
+
+thanks,
+
+[REDACTED]
+
+[REDACTED]
+
+**From:** [REDACTED] >
+
+**Sent:** Friday, July 24, 2020 15:09
+
+**To:** [REDACTED] <[REDACTED]>
+
+**Cc:** [REDACTED] >; [REDACTED] >; [REDACTED] <[REDACTED]>; [REDACTED] >; [REDACTED] <[REDACTED]>; [REDACTED] <[REDACTED]>; [REDACTED] <[REDACTED]>; [REDACTED] <[REDACTED]>; [REDACTED] <[REDACTED]>; [REDACTED] <[REDACTED]>; [REDACTED] <[REDACTED]>
+
+**Subject:** [EXTERNAL EMAIL] - RE: Epstein Evidence status
+
+I don't have the evidence in front of me, but it is probably accurate. It is not unusual for the software to find such files. I will review Monday to make sure. As to your questions from last night, the sheet should be comprehensive. I only recall 1 addition, but I am sure that what I have is reflected in the sheet. As for the items in dark grey, there are 2 servers with multiple drives. Some of those drives have physically failed. We have to get them to one of our HQ specialists for recovery. Since they are physically broken, data recovery may or may not be possible. It can be a very long process. We will get that moving ASAP. Need anything else, let me know.
+
+[REDACTED]
+
+In addition to the pending questions below, we've been advised by the vendor that is reviewing the initial seven devices (that were provided on a per-device extraction basis, as previously discussed) that those materials include approximately 71,000 documents that are zero bytes (i.e., empty files). They are listed in the attached spreadsheet.
+
+Is that accurate? Or does that reflect some issue with the extraction process?
+
+thanks,
+
+From:
+
+Sent: Thursday, July 23, 2020 18:08
+
+To:
+
+Cc: C >;
+
+Subject: RE: Epstein Evidence status
+
+This is very helpful, thank you. Comparing this to the prior spreadsheet, and leaving aside the "Nothing for Southern" designations as well as the NYC numbers that look like they're for the desktops that held the actual drives we're looking at (such as NYC024385, 387, 389, 391, and 393, and NYC027909), I think there are just three additional devices listed here that weren't on the spreadsheet you previously sent. I have those as:
+
+- 1. NYC024328 (row 10)
+- 2. NYC024367 (row 62)
+- 3. NYC027910 (row 96)
+
+Could you please confirm that I have those additions correct, and that I'm not missing any? And it looks like all of those were included in the drive you provided today.
+
+I also see there are some drives that are still being processed, including NYC024376 through 380 and several drives in NYC024395 — could you please let us know what that means?
+
+Thanks very much, and we'll circle back if any issues with anything we received today, which should get to in the next day or two.
+
+thanks again,
+
+Original Message
+
+From:
+
+Sent: Thursday, July 23, 2020 14:44
+
+To:
+
+Cc:
+
+Subject: Epstein Evidence status
+
+Here is the up to date spreadsheet. I color coded things to hopefully make it easier. There are 5 items I have to get you (as we discussed this morning) Those should take another day or 2, so looking at Monday/Tuesday for that. Any questions, let me know.
+
+
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@@ -0,0 +1,69 @@
+To: ' " , '
+
+Cc: " ..1YSContractorl" USAIs (USANYS)"
+
+Subject: RE: Invitation to view the folder "Epstein
+
+Date: Wed, 19 Aug 2020 14:38:36 +0000
+
+Inline-Images: image001.png
+
+I do not have credentials, sorry. I think downloaded these before, but not sure.
+
+From:
+
+Sent: Wednesday, August 19, 2020 10:32 AM
+
+To: %; )
+
+Cc: (USANYS) [Contractor] 4 :,; (USANYS)
+
+Cc: se;
+
+Closing the loop on this: we produced documents responsive to an Epstein victim's Touhy request about a month ago. The requesters got back to us (by phone) with a fairly lengthy list of follow-up questions about what we produced and additional/related demands. We don't have much responsive to many of their follow-ups, or do not think it would be appropriate to produce additional material they're seeking—for example, materials that are part of the ongoing investigation. Alex and I intend to have a call with requester's counsel to explain to them that we will not be producing anything further at this time. At this point, we don't plan to send them anything else in writing.
+
+One small wrinkle: they have asked us for materials from S.D. Fla.'s investigation (which we don't have) and asked whether they need to submit a separate request to that office. We intend to tell them that N.D. Ga. has stepped into the shoes of S.D. Fla. For Epstein purposes, that they can submit a request there (or to S.D. Fla.) for the materials they're seeking, and possibly provide them with a contact at N.D. Ga. if they ask.
+
+Please let us know if you have any concerns. We hope that this will be the last step on this request.
+
+Thanks, Steven
+
+From: McEnany, John (USANYS)
+
+Sent: Monday, April 20, 2020 5:52 PM
+
+To: Kochevar, Steven (USANYS) (USANYS) (USANYS)
+
+Cc:
+
+Subject: RE: Jeffrey Epstein-Related Touhy Requests
+
+I take it we fully know that Jane Doe is
+
+I had a little pause on handing out the GJ subpoena, but since it's something previously disclosed to her, I can't see much of a problem disclosing it to her again.
+
+So I don't have a problem with you sending this out. Thanks for your work on this, Steven.
+
+-John
+
+From: Kochevar, Steven (USANYS)
+
+Sent: Thursday, April 16, 2020 7:07 PM
+
+To: McEnany, John (USANYS) (USANYS) ,
852 F. Supp. 2d 66 (D.D.C. 2012) ..... | 10 |
+|-------------------------------------------------------------------------------------------------------------------------------------------------|------|
+| Assoc. Press v. Dep't of Def. ,
554 F.3d 274 (2d Cir. 2009) ..... | 5, 9 |
+| Coleman v. FBI ,
13 F. Supp. 2d 75 (D.D.C. 1998) ..... | 10 |
+| Dep't of Def. v. FLRA ,
510 U.S. 487 (1994) ..... | 7 |
+| E.B. v. New York City Board of Educ. ,
233 F.R.D. 289 (E.D.N.Y. 2005) ..... | 8 |
+| Gonzalez v. U.S. Citizenship & Immigration Servs. ,
2020 U.S. Dist. LEXIS 134482 (S.D.N.Y. July 29, 2020) ..... | 2 |
+| Grand Central P'ship, Inc. v. Cuomo ,
166 F.3d 473 (2d Cir. 1999) ..... | 8 |
+| Human Rights Watch v. DOJ Fed. Bureau of Prisons ,
2015 U.S. Dist. LEXIS 123592 (S.D.N.Y. Sept. 16, 2015) ..... | 2 |
+| Judicial Watch, Inc. v. U.S. Dep't of Commerce ,
375 F. Supp. 3d 93 (D.D.C. 2019) ..... | 9 |
+| N.Y. Times Co. v. Dep't of Def. ,
499 F. Supp. 2d 501 (S.D.N.Y. 2007) ..... | 8 |
+| N.Y. Times Co. v. Dep't of Justice ,
2016 WL 5946711 (S.D.N.Y. Aug. 18, 2016) ..... | 3 |
+| New York Times Co. v. Dep't of Justice ,
390 F. Supp. 3d 499, 512 (S.D.N.Y. 2019) ..... | 3 |
+| N.Y. Times Co. v. Dep't of Health and Human Servs. ,
2021 U.S. Dist. Lexis 6267 (S.D.N.Y. Jan. 13, 2021) ..... | 9 |
+| Nat'l Ass'n of Home Builders v. Norton ,
309 F.3d 26 (D.C. Cir. 2002) ..... | 6 |
+| Nat'l Day Laborer Org. Network v. U.S. Immigration & Customs Enf't ,
2020 U.S. Dist. LEXIS 167637 (S.D.N.Y. Sept. 14, 2020) ..... | 9 |
+| Neb. Press Ass'n v. Stuart ,
427 U.S. 539 (1976) ..... | 4, 5 |
+
+| Radcliffe v. IRS, | |
+|------------------------------------------------------------------------------|-------|
+| 536 F. Supp. 2d 423 (S.D.N.Y. 2008) Schiller v. City of New York, | 2 |
+| 2007 U.S. Dist. LEXIS 4285 (S.D.N.Y. Jan. 19, 2007) Seife v. Dep't of State, | 8 |
+| 366 F. Supp. 3d 592 (S.D.N.Y. 2019) Shapiro v. Dep't ofJustice, | 8 |
+| 249 F. Supp. 3d 502 (D.D.C. 2017) United States v. Martoma, | 10 |
+| 2013 U.S. Dist. LEXIS 182959 (S.D.N.Y. 2013) United States v. Noel, | 4, 5 |
+| No. 19-cr-830 (AT) (S.D.N.Y.) United States v. Perez, | 4 |
+| 2004 U.S. Dist. LEXIS 7500 (D. Conn. June 16, 2006) STATUTES | 3 |
+| 5 U.S.C. § 552 | 2, 10 |
+
+# OTHER AUTHORITIES
+
+| Suicide, N.Y. Times (Aug. 16, 2019) | 7 |
+|-----------------------------------------------|-------|
+| Epstein (Aug. 17, 2019) | 5, 6 |
+| Brother Says, Miami Herald (Nov. 14, 2019) | 6 |
+| Correctional Center New York, New York (2008) | 6 |
+| (Apr. 2010) | 9, 10 |
+| Prevention (1995) | 10 |
+
+#### PRELIMINARY STATEMENT
+
+The Federal Bureau of Prisons initially told The New York Times that it could not release a single document in response to The Times's FOIA request.' That was not true. Nearly a year and a half later, it has released thousands of pages—but it continues to withhold crucial documents that would shed light on how BOP handled the incarceration and suicide of Jeffrey Epstein.
+
+Approximately 3,500 pages of records remain at issue. BOP relies upon Exemption 7(A) to withhold almost all of them. But BOP cannot establish that release of these records could interfere with the law enforcement proceedings it cites—the prosecution of murder defendant Nicholas Tartaglione, who shared a cell with Epstein for a brief period of time, and the prosecution of the two correctional officers who failed to perform prisoner counts at the time of Epstein's suicide. The Government also asserts Exemptions 5, 6, 7(C), and 7(E) to justify a limited number of redactions. BOP likewise fails to meet its burden with respect to these withholdings.
+
+The Court should deny the Government's motion for summary judgment, grant Plaintiff's cross-motion, and order that the records be disclosed.
+
+#### ARGUMENT
+
+#### I. The Government Has Failed to Satisfy Its Burden in Justifying Withholding Under Exemption 7(A)
+
+The Government pins its Exemption 7(A) argument primarily on two prosecutions that are only tangentially related to Epstein. No matter how often BOP describes them as presenting "weighty criminal law enforcement concerns" (See Def. Reply Mem. of L. in Supp. of Summ. J., ECF No. 41 [hereinafter "Gov't Reply Br"], at 5.), the Government has not met its burden to show (a) that the records were "compiled for law enforcement purposes" and (b) that their release "could
+
+x27; Defined terms and abbreviations have the same meaning as in our moving memorandum of law. (See Pl.'s Mem. of L. in Supp. of Summ. J., ECF No. 26 [hereinafter "Pl.'s Br."].)
+
+reasonably be expected to interfere" with the proceedings. 5 U.S.C. § 552(b)(7)(A). In its reply, the Government is wrong on both the law and the facts.
+
+As an initial matter, the Government, relying on out-of-circuit precedents, wrongly asks the court to find that any record of a law enforcement agency meets the "compiled for" requirement the so-called per se rule. (Gov't Reply Br., at 6.) The Government proposes that all the records qualify as "compiled for law enforcement purposes" because they were created "in the exercise of BOP's statutory authority to detain arrested individuals." (Supplemental Decl. of Kara Christenson, ECF No. 39 [hereinafter "Christenson Supp. Decl."], at ¶ 29.) But this sweeping application of Exemption 7(A) would effectively shield every BOP record. Cf., Human Rights Watch v. DOJ Fed. Bureau of Prisons, 2015 U.S. Dist. LEXIS 123592, at \*13 (S.D.N.Y. Sept. 16, 2015) ("This broader, commonsense understanding of law enforcement purposes' need not and does not embrace all BOP records."). To avoid such a result, courts within this Circuit—as the Government's own cited cases make clear—have consistently declined to adopt the per se rule. (See Gov't Reply Br., at 5-6 (citing to New York Times Co. v. Dep't of Justice, 2016 WL 5946711, at \*7 (S.D.N.Y. Aug. 18, 2016)); Radcliffe v. IRS, 536 F. Supp. 2d 423, 437 (S.D.N.Y. 2008); Human Rights Watch, 2015 U.S. Dist. LEXIS 123592, at \*11 (rejecting per se rule in BOP case)). Instead, the Government needs to show a "rational nexus" between the documents and the proceedings. See, e.g., Gonzalez v. U.S. Citizenship & Immigration Sews., 2020 U.S. Dist. LEXIS 134482, at \*27 (S.D.N.Y. July 29, 2020).
+
+That rationale falls away when the Court looks at the actual records the Government wants to shield under Exemption 7(A). The most critical documents include: (I) emails addressing Epstein's mental and physical health; (2) emails discussing details of Epstein's incarceration prior to his suicide; (3) reports, evidence, and emails addressing Epstein's July 23, 2019 apparent suicide attempt; (4) reports and evidence of Epstein's death on August 10, 2019; (5) email correspondence between Tartaglione's attorneys and legal counsel at the MCC; and (6) medical and psychological records of Epstein prepared by BOP. (Decl. oaa, ECF No. 22 [hereinafter a Decl."], at ¶¶ 24-25, 28). These sorts of records logically have no nexus with the prosecutions and therefore cannot be deemed to have been "compiled for law enforcements purposes." These are more properly viewed as administrative records created in the routine course of prison administration as part of the admission and detention of Epstein. They are tangential at best to the prosecutions.2
+
+The Government fares no better on the interference prong of the 7(A) test. BOP wants the Court to believe that if Tartaglione stands trial, and if he is convicted, and if his condition of confinement somehow is relevant to penalty phase, the release of these documents could interfere with that possible far-in-the-distance proceeding. (Gov't Reply Br., at 7—8.) But in the penalty phase of a death penalty case, the focus is on findings as to the defendant's "predicate mental states ... [and] the statutory aggravating factors alleged by the government." United States v. Perez, 2004 U.S. Dist. LEXIS 7500, at \*3 (D. Conn. June 16, 2006). Even if his confinement were relevant, the Government needs to show a link between interference and the release of their records. Typically, that means that a defendant would be afforded "greater access to agency investigatory files" that would bear on the prosecution than he would under the rules of criminal procedure. New York Times Co. v. Dep't ofJustice, 390 F. Supp. 3d 499, 512 (S.D.N.Y. 2019). But, as to least one important category, emails of Tartaglione's counsel, he already has access to those records through his counsel. More generally, the Government's declarations fail to demonstrate that these particular
+
+2 Nor do they become "compiled for law enforcement purposes" by the fact that the Government says they play some role in preventing suicides at BOP facilities or in the investigation of Epstein's death. (See Christenson Decl. ¶ 53.) The needed logical linkage simply does not exist there either.
+
+documents would be of any use to the defense or materially affect any witness in the trial of murders from 2016. While the declarants march out the usual and generic parade of horribles witness interference, fair trial concerns, undue advantage to the defendants—they fall short of actually connecting these specific types of records to any of those concerns. (See Decl. ¶¶ 18-22, 24-25; Supplemental Decl. of Russell ECF No. 40 [hereinafter a Supp. Decl."], at ¶¶ 6-7, 10-13). Generic concerns that some administrative documents in some cases may interfere with some prosecutions do not establish interference in this murder prosecution.
+
+The case for interference is even weaker in respect to the Noel prosecution. The Government concedes that the documents have already been disclosed to defendants as part of discovery. (Gov't Reply Br., at 10.) Thus, the sole rationale is that the disclosure may taint witnesses' testimony. (Gov't Reply Br., at 9.) But the records at issue do not discuss the critical issue in the prosecution: what the two officers were doing or not doing on the shift during which the suicide took place. They are instead administrative records, such as medical files for Epstein. Decl. ¶¶ 19-21.) The declarations fail to make the connection between the release of those kinds of records and any shaping of testimony that might occur. ( Decl. ¶ 20.) BOP assumes, without basis, that witnesses will lie if exposed to these records that are of no obvious relevance to the prosecution. In any event, the protective order governing discovery in the Noel prosecution allows these documents to be provided to expert witnesses and shown to fact witnesses. (See Protective Order, United States v. Noel, No. 19-cr-830 (AT) (S.D.N.Y.), Dkt. No. 16, at ¶¶ 2(b)(ii), 3.) Release here will have no material effect.
+
+In a last-ditch effort to establish the possibility of interference, the Government argues that the records may negatively influence a jury. (Gov't Reply Br., at 8-9.) But "pretrial publicity, even if pervasive and concentrated, cannot be regarded as leading automatically and in every kind of
+
+criminal case to an unfair trial." United States v. Martoma, 2013 U.S. Dist. LEXIS 182959, at \*22 (S.D.N.Y. Dec. 8, 2013) (citing Neb. Press Ass'n v. Stuart, 427 U.S. 539, 565 (1976)). Nor is withholding the records the only measure that courts can use to mitigate the adverse effects of publicity. Neb. Press Ass 'n, 427 U.S. at 563-64 (enumerating methods to mitigate the effect of pretrial publicity including: "change of [a trial] venue," "postponement of the trial to allow public attention" to subside, "searching questioning of prospective jurors," and "the use of emphatic and clear instructions" to jurors). Ultimately, the Government can take proactive steps to mitigate any purported prejudice resulting from publicity about Tartaglione's case, including the release of the records, if and when he stands trial.
+
+### IL The Government Has Failed to Satisfy Its Burden in Justifying Withholding Under Exemption 6 and 7(C)
+
+The Government also seeks to withhold some of these same documents under FOIA's privacy exemptions, Exemption 6 and 7(C)—mainly the phone logs and visitor logs and medical records from the suicide. Those exemptions require "balancing an individual's right to privacy against the preservation of FOIA's basic purpose of opening agency action to the light of public scrutiny." Assoc. Press v. Dep't of Def, 554 F.3d 274, 291 (2d Cir. 2009).
+
+In its reply, in respect to the logs, BOP doubles down on what it deduces to be the privacy interests of Epstein's friends and associates. (Gov't Reply Br., at 13-14.) But BOP provides no evidence that any of these people, many of whom have been publicly linked to Epstein over the years, actually has a privacy concern; instead, BOP relies solely on its own speculation that they would not want to be associated with Epstein. (See Christenson Decl. 60.) BOP tries to use that speculation to overcome the obvious and legitimate public interest at stake here. Questions persist about whether BOP properly managed Epstein's interactions with associates and friends while incarcerated. See, e.g., Ali Watkins, Danielle Ivory & Christina Goldbaum, Inmate 76318-054: The Last Days of Jeffrey Epstein (Aug. 17, 2019), https://nyti.ms/3h8uED2. These individuals chose to call or visit an individual who had garnered international media attention during his brief detention. But, more to the point, revelations of the logs will shed light on "what [the] government is up to." Nat'l Ass'n of Home Builders v. Norton, 309 F.3d 26, 34 (D.C. Cir. 2002). BOP has established guidelines and procedures for visitation and telephone calls to inmates housed at MCC. See U.S. Dep't of Justice Federal Bureau of Prisons, Attorney's Guide to the Metropolitan Correctional Center New York, New York (2008), https://bitly/3aWIUNW. BOP acts as a gatekeeper between inmates and the outside world; those who wish to contact a prisoner through visitation or telephone call must do so through BOP. Specifically, the records provide the public information about whom Epstein was in contact with while he was under Government supervision. The Government's attempt to distance itself from these records is both disingenuous and unpersuasive (Gov't Reply Br., at 14), since the documents would facilitate public oversight and shed light on how BOP monitors visitors of high-profile inmates. Ultimately, the public interest in understanding who was afforded access to Epstein by the Government outweighs any purported privacy interest.
+
+The Government again relies on an unasserted privacy interests to withhold records pertaining to the death—the privacy interest of Epstein's sole surviving relative—his brother. (Gov't Reply Br., at 11.) But BOP provides no evidence of what Epstein's brother actually wants or does not want. (See Christenson Decl. ¶ 62.) In fact, he has publicly called for BOP to produce records related to the suicide. See Julie K. Brown, Jeffrey Epstein Wasn't Trafficking Women — And He Didn't Kill Himself Brother Says, Miami Herald (Nov. 14, 2019), https://hrld.us/3ibIANJ. Rather than address the public statements of Epstein's brother, the Government focuses on other issues. The Government avers that it was not required to secure declarations to demonstrate a privacy interest.
+
+(Gov't Reply Br., at 12.) Undoubtedly, that is so—when there is other evidence of the privacy interest. But there is none here.
+
+The Government then proceeds to minimize the public's interest in the records providing certain details of Epstein's death. (See Gov't Reply Br., at 12-13.) The Epstein death continues to raise troubling questions about how BOP allowed the suicide to happen. Ali Watkins & Michael Gold, Jeffrey Epstein Autopsy Results Show He Hanged Himself in Suicide, N.Y. Times (Aug. 16, 2019), https://nyti.ms/3bBRMsi. It is abnormal when a prisoner unexpectedly dies in federal custody. A death by suicide necessarily implicates a government failure. The call and visitor logs, documents about Epstein's death, and photographs would contribute directly to the "public understanding of the operations or activities of the government," insofar as they would provide the public with greater information about how Epstein died. Dep't of Def. v. FLRA, 510 U.S. 487, 495 (1994). Moreover, there is a significant amount of "media coverage of speculation and theories about Epstein's death." ( Supp. Decl. 1 8.) And the Government is inextricably intertwined with this speculation. The public has a right to know how BOP failed.
+
+### HI. The Government Has Failed to Satisfy Its Burden in Justifying Withholding Under Exemption 5
+
+The Government next argues that certain of the documents can also be withheld as deliberative under Exemption 5.3 As an initial matter, the Government attempts to muddle the issues before this Court by quibbling about which documents remain in dispute. (See Gov't Reply Br., at 16.) There is no mystery. The Times disputes the entirety of BOP's Exemption 5 withholdings, as set forth in footnote 3 here, with the exception of communications between BOP employees and
+
+3 The Government now asserts Exemption 5 over four broad categories of documents: (I) the psychological reconstruction of Epstein's death; (2) psychological reconstruction responses; (3) emails pertaining to Epstein's July 23, 2019 suicide attempt; and (4) emails pertaining to Epstein's death. (Exhibit A to Christenson Decl. ("Index"), Dkt. 39-1, Entries 37, 12, 41, 52, 53.) The Times challenges each of these categories.
+
+Assistant United States Attorneys subject to the attorney-client privilege. (See Pl.'s Br., at 18-19.) The Government's drawn-out recitation of the remaining issues cannot distract from the fundamental problem: BOP has failed to meet its burden to justify withholding the requested records. Assoc. Press, 554 F.3d at 283 ("Consistent with FOIA's purpose and design, the strong presumption in favor of disclosure places the burden on the agency to justify the withholding of any requested documents.").
+
+First, the documents appear to be largely factual in nature and therefore are not subject to a blanket withholding under Exemption 5. (Pl.'s Br., at 19); see Grand Central P 'ship, Inc. v. Cuomo, 166 F.3d 473, 482 (2d Cir. 1999) ("Purely factual material not reflecting the agency's deliberative process is not protected."). Instead, the Government cherry-picks portions of documents to defend its withholdings. For example, the Government asserts that "certain emails" reflect "deliberations about where and how to house Epstein following his apparent suicide attempt in July 2019." (Gov't Reply Br., at 16-17; Christenson Decl. ¶ 49(d).) But decisions about where to place a specific prisoner after a suicide attempt are not a "policy-oriented judgment;" they are instead properly understood as "routine operating decisions." Seife v. Dep't of State, 366 F. Supp. 3d 592, 606 (S.D.N.Y. 2019). Routine operational decisions are not deliberative communications protected by the privilege. See id.; Schiller v. City of New York, 2007 U.S. Dist. LEXIS 4285, at \*34 (S.D.N.Y. Jan. 19, 2007); E.B. v. New York City Board of Educ., 233 F.R.D. 289, 293 (E.D.N.Y. 2005). Contrary to the Government's proposed application of Exemption 5, the deliberative process privilege "does not operate indiscriminately to shield all decision-making by public officials." N.Y. Times Co. v. Dep't of Def., 499 F. Supp. 2d 501, 514 (S.D.N.Y. 2007).
+
+Moreover, the Government's Exemption 5 withholdings cannot survive because BOP has failed to meet the "foreseeable harm" standard created by the FOIA Improvement Act of 2016. In its
+
+reply, the Government does little more than recite the boilerplate rationale for protecting deliberative documents. (Gov't Reply Br., at 17-18.) That is not enough. In order to satisfy the Amendment's standard, BOP "must explain how a particular Exemption 5 withholding would harm [its] deliberative process." Nat? Day Laborer Org. Network v. U.S. Immigration & Customs Enft, 2020 U.S. Dist. LEXIS 167637, at \*33 (S.D.N.Y. Sept. 14, 2020). "General explanations" that disclosure would impair or chill deliberations alone do not satisfy the foreseeable harm standard. Judicial Watch, Inc. v. U.S. Dept of Commerce, 375 F. Supp. 3d 93, 100 (D.D.C. 2019); see also N.Y. Times Co v. Dep't of Health and Human Sews., 2021 U.S. Dist. Lexis 6267, at \*30-31 (S.D.N.Y. Jan 13, 2021). That is the exact justification the Government offers. (See, e.g" Christenson Decl. ¶ 49(b) (stating that "[r]elease of the [psychological reconstruction and responses] would hamper frank and open discussions and assessments by these officials in reaching policy decisions" without further justification).) Missing is any explanation of how the disclosure of these records would cause specific harm to the agency's deliberative processes. See, e.g., Judicial Watch, Inc., 375 F. Supp. 3d at 100 (agency must articulate "a link between the specified harm and specific information contained in the material withheld").
+
+## IV. The Government Has Failed to Satisfy Its Burden in Justifying Withholding Under Exemption 7(E)
+
+Exemption 7(E) is designed to shield secret law enforcement techniques. That necessarily means that an agency has kept the information secret. Not so here. (Pl.'s Br., at 21.) At issue are those records dealing with how BOP responds to suicide attempts. (Gov't Reply Br., at 18.) But the techniques for suicide response are not secrets. The Government's public reports address this very topic and provide comprehensive guidance as to how a BOP staff member should respond to an inmate's suicide attempt. See U.S. Dep't of Justice Nat'l Inst. of Corrections, National Study ofJail Suicide: 20 Years Later (Apr. 2010), at 52, https://bitly/31YuolCm (discussing the three requisite
+
+components for an effective policy regarding intervention). In fact, the Department of Justice has a detailed description of suicide attempt/post-suicide procedures discussing the specific duties of the officers on duty at the time of suicide events and the equipment needed by those staff members. U.S. Dep't of Justice Nat'l Inst. of Corrections, Prison Suicide: An Overview and Guide to Prevention (1995), at 23-25, https://bit.ly/2FhaZnb. There is nothing secret here.
+
+While it is true that courts have at times found that commonly known procedures may be protected from disclosure, this applies when "the manner and circumstances of the various techniques ... [are] not generally known to the public." Coleman v. FBI, 13 F. Supp. 2d 75, 83 (D.D.C. 1998); see also Shapiro v. Dep't of Justice, 249 F. Supp. 3d 502, 507 (D.D.C. 2017) ("Even though the identity of the investigative technique is more publicly known, disclosure of the manner and circumstances of the technique may still frustrate enforcement of the law.") (emphasis added). The Government has done little to actually explain why the available information does not obviate invocation of the exemption. (See Gov't Reply Br., at 20.) BOP needs to explain away why the public disclosures, but it has not done so. See Am. Immigration Lawyers Ass 'it v. Dept of Homeland Sec., 852 F. Supp. 2d 66, 80 (D.D.C. 2012) ("Where an agency has publicly disclosed information that is similar to what is being withheld, its Vaughn submission must be `sufficiently detailed' to distinguish the withheld information from the public information.").
+
+### CONCLUSION
+
+For the foregoing reasons, Plaintiff respectfully asks this Court to (i) declare that the documents sought by The Times are public under 5 U.S.C. § 552 and must be disclosed; (ii) order BOP to provide the requested documents to The Times within 20 business days of the Court's order; (iii) award The Times the costs of this proceeding, including reasonable attorneys' fees, as expressly permitted by 5 U.S.C. § 552(a)(4)(E); and (iv) grant such other and further relief as the Court deems just and proper.
+
+Dated: New York, NY February 10, 2020
+
+Respectfully submitted,
+
+By: Is/ David E. McCraw David E. McCraw Al-Amyn Sumar Alexandra Settelmayer The New York Times Company Legal Department 620 Eighth Avenue New York, NY 10018
+
+Counsel for Plaintiff
\ No newline at end of file
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+From: 1:r (USANYS)" [=.
+
+To: ' (USANYS)" <
+
+Subject: Re: PRESS CLIPS 7-24-2020
+
+Date: Fri, 24 Jul 2020 17:19:31 +0000
+
+Attachments: Press\_Clips\_Header 7.24.20.png
+
+
+
+From: USANYS) .c =>
+
+Sent: Friday, July 24, 2020 12:51 PM
+
+To:
+
+Cc:
+
+Subject: PRESS CLIPS 7-24-2020
+
+
2. Engage that child in peerlike environment
3. Desensitize the child to touch
4. Isolate the child
5. Make the child feel responsible |
+| Brackenridge (2001)
Applies to grooming in sport. | 1. Targeting a potential victim
2. Building trust and friendship
3. Developing isolation and control, building loyalty
4. Initiation of sexual abuse and securing secrecy |
+| Wyre (1987) as discussed in
Howitt (1995) | Applies to extrafamilial grooming:
1. The offender masturbates and fantasizes about future contacts, a boy is befriended while an effort is made to earn his parents' trust, outings are common to achieve intimacy
2. The offender finds out about the boy's home/school problems—a "counseling" role is created
3. Physical contact of a nonsexual sort begins, offender's masturbation and fantasy continue, sexual touches begin and gradually increase in severity
Applies to intrafamilial grooming:
1. Tickling the child
2. Bathing
3. The offender's sexual arousal and fantasy
4. The child going to the offender's bed
5. The offender knows the child likes being tickled
6. "Sex education"
7. Tickling reaches child's sexual parts
8. Offender masturbates the child's genitals
9. The child is trapped into silence
10. Sexual contact is increased
11. Offenders cognitive distortions increase
12. Becomes difficult to end sexual contact
13. Offending behavior reinforced through masturbation to fantasies |
+| Christiansen and Blake (1990)
Applies to father-daughter grooming. | 1. Trust
2. Favoritism
3. Alienation
4. Secrecy
5. Boundary violations |
+| O'Connell (2003)
Applies to online grooming. | 1. Friendship-forming
2. Relationship-forming
3. Risk assessment
4. Exclusivity
5. Sexual |
+
+which makes the definitional and measurement process even more complex as each of these stages must be delineated and validly measured, and this must be done with the proposed sequencing as well. For example, Wyre's (1987) proposed stages for intrafamilial abuse involved 13 separate steps, the first 10 of which according to the author can be identified as grooming behaviors. As Howitt (1995) pointed out, this account of the abuse cycle makes it "appear a relatively short-term and repetitive process" (p. 85), which certainly is not representative of all cases of child sexual abuse.
+
+# GROOMING AS A DEVIANT PROCESS
+
+Part of the difficulty in identifying and clarifying a useful definition of grooming is the fact that many behaviors used by perpetrators appear quite similar to behaviors seen in normal adult—child relationships. Buying gifts for children or taking them on private outings obviously are not always precursors to sexual abuse. Using the male sports world as an example, Hartill (2009) wrote that "in preparing for the abuse, the perpetrator is able to use such 'disinhibiting' techniques through drawing on practices and discourses that are, to varying degrees, a normative feature within many, if not all, male sports contexts" (p. 239). Obviously part of the reason for this similarity to normative behavior is that the potential abuser does not want to be detected and thus wants to disguise what he is setting out to accomplish. In addition, it must be recognized that not all sexual offenders use grooming techniques. Groth, Hobson, and Gary (1982) differentiated between "child molesters" and "child rapists." Part of this distinction for these authors stems from their observation that child molesters use a grooming process on their victims, whereas child rapists do not, as their assaults occur suddenly. These authors also pointed out that child molesters are much more common than child rapists. Alternatively, some authors seem to construe grooming behaviors as mirroring behaviors seen in dating relationships between two consenting adults. For example, Herman (1981) wrote that sexually abusive fathers make an attempt to "court" their daughters by giving them flowers or presents (e.g., expensive jewelry or lingerie).
+
+# THE PREVALENCE OF GROOMING
+
+Because the definition of grooming varies from study to study, currently there is no way to know precisely how prevalent grooming is because each study employs some variant of the definition. Nevertheless, there have been several empirical studies conducted with child molesters to determine what specific methods they frequently use to choose their victims, initiate the abuse, and keep their victims from disclosing. Other researchers have chosen to focus
+
+on the victims and ask them what techniques their abusers used prior to the abuse. It is important to note that in this article, examples of grooming with different genders of perpetrator and genders of victim are not readily distinguished. This is primarily due to the fact that the grooming literature reviewed did not always provide statistics about which grooming behaviors were used on boys versus girls. In addition, most of the grooming literature reviewed discussed male offenders.
+
+#### Identifying Potential Victims
+
+Elliott and colleagues (1995) interviewed 91 child sex offenders about the strategies they used when committing their offenses. They found that 33% of the offenders explicitly worked on becoming welcome in the child's home and 18% offered incentives or threatened their victims to recruit other children and then gave bribes to the recruits.
+
+Conte, Wolf, and Smith (1989) interviewed 26 offenders about their crimes. They found that offenders often admitted to being able to identify what they considered a vulnerable child—often one who was "needy" and seemed "quiet." For example, one offender stated that his tactic was to "look for a kid who is easy to manipulate. They will go along with anything you say. I would approach them by being friendly, letting them think I was someone they could confide in and talk to" (Conte et al., 1989, p. 298).
+
+In her review of literature about sexual abuse involving teachers, Shakeshaft (2004) noted that selection of a victim is "influenced by the compliance of the student and the likelihood of secrecy" (p. 32). Teachers usually look to victimize students whom they have control over. Shakeshaft also identified factors that make a child vulnerable to educator sexual abuse, such as problems at home with parents, lack of confidence, and participation in other risky behavior. However, it also must be remembered that nonoffending adults could see the same needs in these vulnerable children and want to help them in legitimate ways. Thus the child's vulnerability and needs cannot be a sufficient condition for defining grooming.
+
+#### The Use of Attention, Bribery, and Coercion
+
+Elliott and colleagues (1995) found that 53% of the offenders in their sample offered to play games, teach a sport, or teach how to play a musical instrument. Forty-six percent gave bribes, took the child for an outing, or drove the child home. Thirty percent admitted to using affection and love to gain the child's trust. Forty-six percent of the offenders used gifts as bribes in exchange for sexual favors.
+
+The offenders interviewed by Conte and colleagues (1989) also claimed they used bribery and coercive strategies prior to sexual contact. For example, one sex offender stated that his specific methods included "play, talking, giving special attention, trying to get the child to initiate contact with me. Get the child to feel safe to talk with me" (p. 297).
+
+In his literature review on teacher sexual misconduct, Knoll (2010) found that educator sexual offenders tend to use bribery by giving their students special attention or rewards. According to Knoll, "the power of such rewards to affect the student should not be underestimated. Rewards from a teacher may have a crucial impact on the student's motivation and cognitions" (p. 376).
+
+Budin and Johnson (1989) interviewed 72 sex offenders about methods they used to gain access to and abuse their victims. When asked what they did to gain their victims' trust, the majority of offenders admitted to acting like the child's friend and playing games with them. Other strategies included giving money, toys, candy, cigarettes, beer, or drugs to the child.
+
+In his study of institutional sexual abuse, Gallagher (2000) looked at a sample of 65 substantiated cases of abuse. He found that grooming, or "entrapment," which he defined as "the process by which perpetrators draw children into abusive situations and make it difficult for them to disclose" (p. 810) was reported in 35% of cases. In these cases, he found that 39% of perpetrators took the child away from the institution (thus isolating the child), 22% gave the child extra attention, 22% gave money to the child, 9% provided the child with illicit goods, and 4% provided the child with games or toys.
+
+In their interviews with 23 CSA victims, Berliner and Conte (1990) found that many children shared similar experiences with bribery and coercion prior to their abuse. Sixty-one percent of children reported that their abusers made excuses to spend time alone with them; 61% indicated that they were told that they were special, different, or the only one who understood the abuser; 61% said that their abuser treated them as an adult or he acted as a child toward them; 57% reported that their abusers gave them special privileges that made them feel obligated to be compliant in the abuse; 39% indicated that their abuser shared private information about spouses with them; 39% reported that their abuser prevented them from having friends or doing activities that other children do; and 30% reported that their abuser treated them "meaner" than other children.
+
+Shakeshaft (2004) wrote that in educator sexual abuse, teachers usually "coerce" their student victims by providing additional help (e.g., advisement on a project or taking on an outing) that not only allows for time alone with the victim but are also activities for which the victim's parents tend to be grateful to the teacher. Furthermore, she pointed out that because these acts do not yet constitute recognizable sexual abuse and because they share similarities with legitimate activities, any complaint about these activities cannot lead to much disciplinary action.
+
+Christiansen and Blake (1990) discussed that in father—daughter incest, most fathers purposely build a trusting relationship with their daughters prior to beginning any sexual abuse. However, this is a somewhat flawed analysis, as there ought to be a trusting relationship in all father—daughter relationships, at least prior to any abuse. Seventy-three percent of perpetrating fathers viewed this trust as crucial to the sexual relationship to reduce the risk of the daughter disclosing the abuse (Warner-Kearney, 1987, as cited in Christiansen & Blake, 1990). Many fathers also show clear signs of favoritism toward their victimized daughter relative to their other children. Burgess and Holmstrom (1980) wrote that molesters tend to use three types of pressure to make their victims compliant: material goods, misrepresentation of moral standards, and the need for human contact. They noted that material goods are the most frequent tool that offenders use.
+
+One difference has been found between genders of the victim in this emotional coercion type of grooming. Spiegel (2003) noted that in male victims, emotional coercion can take on a negative tone. For example, perpetrators may use name-calling words such as "fag" or "whore" to put the male child down and make him feel ashamed and thus less likely to disclose the abuse.
+
+# Sexual Desensitization
+
+Elliott and colleagues (1995) found that of those offenders who used babysitting as a strategy to gain access to their victims, 27% started talking to the child about sex, 21% misrepresented the abuse as educational or loving (which again may not be part of grooming because some of this would be postabuse), and 20% offered to bathe or clothe the child. Furthermore, these authors found that 40% of all offenders said the first move they made was sexual touching or genital kissing. Thirty-two percent of the offenders asked the child for help with undressing or lying down. Forty-four percent of the offenders used coercion and persuasion, 49% talked about sex with the child, and 47% used "accidental" touch. Sixty-one percent of the offenders would stop the abuse if the child became resistant and then persuaded the child to let them begin again. Many offenders committed the abusive acts in their own homes, where 33% used pornographic videos and magazines to desensitize the child.
+
+Conte and colleagues (1989) found that sexual desensitization was commonly used among the offenders in their sample. For example, one offender stated,
+
+Most of the time I would start by giving them a rub down. When I got them aroused, I would take the chance and place my hand on their penis to masturbate them. If they would not object, I would take this to mean it was OK. I would isolate them. I might spend the night with them. Physical isolation, closeness, contact are more important than verbal seduction. (p. 297)
+
+Knoll (2010) found that while a teacher is using bribery to gain the trust of a victim, typically conversation about sexual matters with the student is also starting to emerge. Physical contact is then gradually increased. Furthermore, Gallagher (2000) found that in cases where "entrapment" behaviors were reported, 43% of perpetrators initiated physical contact with the child and 17% behaved in a sexual manner with the child.
+
+Furthermore, differences between genders of the victim have also been noted in the sexual desensitization type of grooming. Spiegel (2003) noted that the use of pornography to sexually desensitize children is more common with male victims than with female victims.
+
+# Boundary Violations
+
+Berliner and Conte (1990) found that 70% of children reported that their abusers "accidentally" came into their bedroom or bathroom while they were undressing; 61% indicated that their abusers "accidentally" touched their private parts; 61% said that their abusers did not respect their privacy or let them close doors; 61% reported that their abusers "accidentally" showed their naked body to them; 57% indicated that their abusers would purposely do things with the child that involved physical contact; 48% said that their abusers made sexual comments about the child's body or clothing; 44% reported that their abusers asked them to do things that involved physical contact; 30% said that their abusers would inspect the child's body "to see how it was developing"; 30% indicated that their abusers "taught sex education" by showing pornographic pictures and touching the child's body; 26% reported that their abusers told the child about sexual things he had previously done; and 22% indicated that their abusers put lotion or ointment on the child when they were alone but said he was doing nothing wrong.
+
+According to Christiansen and Blake's (1990) stages of grooming in father—daughter incest, the last step involves the father violating his daughter's boundaries. In particular, fathers may insist on bathing their daughters and do not allow other family members to do this. These baths frequently involve inappropriate sexual behavior. Fathers also insist on dressing their daughters or on watching them get dressed. In addition, fathers will tend to watch the child use the bathroom. Finally, perpetrating fathers will have sexually explicit conversations with the daughter to further desensitize them.
+
+# Grooming the Child's Environment
+
+Elliott and colleagues (1995) found that 20% of the offenders in their sample admitted they gained the trust of the child's family with the purpose of abusing the child. Forty-eight percent isolated their victims through babysitting. Furthermore, Knoll (2010) found that a teacher can also manipulate the relationship with her victim's parents to gain their approval of spending time with their child.
+
+Van Dam (2001) pointed out that many child molesters spend years gaining the trust of members in the community before actually sexually abusing any children. She hypothesized that these offenders use several social psychological techniques to groom the community effectively. As an example, they may use "foot-in-the-door technique" by showing up uninvited to a child's birthday party and spending time playing games with the children. The parents would feel uncomfortable asking this person to leave and have thus subtly cooperated with the offender. From then on it would be easier for the offender to gain cooperation from the parents on spending time with the children. Offenders can also use conformity against these parents—it would go against social norms and be rude to ask a person to leave a party when the children are enjoying spending time with an offender. In addition, cognitive dissonance can play a role as the parents will try to make their beliefs about the offender consistent with their actions of letting their children around him or her (they will believe that they think he or she is a good person). Finally, confirmation bias can also play a role as the parents will tend to only accept information that is confirming their existing beliefs about the offender.
+
+#### Commonalities
+
+The two major commonalities in the definitions reviewed as well as the empirical studies of grooming are (a) some sort of inappropriate behavior on the part of the prospective abuser (whether it is a bribe, boundary violation, invasion of privacy, misstatement of morality, mischaracterizing an interaction as a "game," isolation, emotional manipulation, etc.) and (b) the function of this inappropriate behavior is to increase the likelihood that the adult can sexually abuse the child (by, for example, gaining access to them, gaining their trust, silencing them, isolating them, desensitizing them to nudity or sex, etc.). Each component of the definition may have different topographies in individual cases (e.g., sometimes the inappropriate behavior is removing a door to the child's bedroom, or sometimes it may be buying the child a bikini), but the function of the behavior is to increase the likelihood of future abusive contact.
+
+### A PROPOSED DEFINITION
+
+Any definition ought to use the empirical findings reviewed previously about common strategies used by sexual molesters. In addition, we believe that the most useful definition of grooming would attempt to instantiate the following definitional meta-criteria:
+
+- 1. Minimize false negatives. Thus, we wanted the definition to be sensitive to all occurrences of grooming.
+- 2. Minimize false positives. Thus we also wanted the definition at the same time to be specific and not overinclusive (including perfectly appropriate behaviors as invalid examples of grooming).
+- 3. Be capable of providing the basis for a valid assessment procedure.
+- 4. Not include constructs that in themselves bring about further definitional problems.
+- 5. Minimize judgment, although not completely avoid it as we believe that determining a behavior to be grooming essentially requires some complex judgments regarding appropriateness.
+- 6. Show interrater reliability (have a high degree of agreement across raters).
+- 7. Allow the rater to have multiple choices regarding final decisions given the complexity of individual cases, such as clearly grooming, probably grooming, uncertain, or not grooming.
+- 8. Allow a third party to understand the logic of these judgments and conclusions by explicating the decision pathway for these final judgments.
+
+We propose that grooming be defined as "antecedent inappropriate behavior that functions to increase the likelihood of future sexual abuse." There are no stages of grooming as there are in some definitions as proposing stages necessitates additional definitions and demarcations of each stage. Therefore, there are two individual criteria that must be met to consider a behavior to be "grooming:" (a) the behavior being evaluated must in and of itself be inappropriate and a case for this inappropriateness must be made, and (b) a sound argument must be presented that the behavior or behaviors increases the likelihood of future sexual abuse. The definition is further elucidated by providing a number of exemplars of grooming:
+
+- 1. Any sexualization of the relationship such as talking about sex in a way that is not permissible given the adult's relationship with the child (e.g., it is permissible for parents to provide sex education to their children) or exposing the child to sexually explicit materials such as R rated movies (showing the child pornography would be abusive in and of itself and therefore not grooming).
+- 2. Inappropriate gift giving (developmentally or socially inappropriate, such as bikinis or bras purchased by a neighbor or teacher).
+- 3. Inappropriate nonsexual communication with the child (e.g., telling the child she is the only one who understands the offender, or telling her "I love you" when the social role is not appropriate for this type of communication), particularly when an adult uses these statements to manipulate the child to do something (e.g., "I love you and people who love each other touch each other").
+
+- 4. Inappropriate touching of the child (e.g., excessive tickling, hugging, wrestling, sitting on lap).
+- 5. Bribes for inappropriate contact (e.g., bribes for nonsexual or sexual touching or bribes to meet the adult secretly).
+- 6. Threats related to not participating in inappropriate contact.
+- 7. Inappropriate isolation of the child (e.g., trips where the offender and victim are alone that are not part of the normal adult-child relationship. It is permissible for a father to drive a child to school), or inappropriately discouraging the child to play with friends or be with family. For parents or other caretakers, the threshold for what is considered inappropriate behavior is higher than for other adults.
+- 8. Favoritism directed toward the child (e.g., the child is treated much better than siblings or classmates, particularly when this is intimate or isolating).
+- 9. Boundary violations such as inappropriately bathing the child, clothing the child, sleeping with the child, the adult being in underwear around the child, the adult acting like a child, or the adult sharing private information with the child, particularly sexual or relationship information (e.g., "my wife and I are not having sex"). Again, for parents, family members or caregivers the threshold is much higher for defining a boundary violation than for others.
+- 10. Asking the child to keep secrets, particularly about their contact (e.g., the mother's Christmas present would not be regarded as a problematic secret, whereas asking the child to not tell that she was with the offender would be).
+- 11. Providing the child drugs or alcohol (note: although this behavior is already abusive, it is not sexually abusive; thus, it can be considered a grooming behavior as it is inappropriate and serves to facilitate compliance with the intended sexual abuse).
+- 12. Misstating moral standards regarding touching, contact, or sex, particularly when these relate to adult—child sexual contact or sexualizing a situation.
+- 13. Repeated violations of the child's privacy (e.g., walking into bathroom when child is in there, watching her get dressed, etc.).
+
+The more of these features present, the more likelihood the individual's behavior represents grooming. To further clarify the grooming definition, it may be helpful to also look at a few specific exemplars of nongrooming behaviors that may be misinterpreted:
+
+- 1. Purchasing appropriate gifts for the child (e.g., for birthdays).
+- 2. Engaging in appropriate hand-holding (e.g., to cross the street).
+- 3. Bathing a young child by a legitimate caregiver without any inappropriate touching.
+
+- 4. Having age-appropriate and relationship-appropriate discussions of body parts.
+- 5. A care-giving figure saying "I love you" without the goal of manipulation (not using the phrase to get the child to do something inappropriate).
+
+# THE ASSESSMENT OF GROOMING
+
+Because grooming is a set of common behaviors seen in child sexual offenders (as the previous reviewed literature seems to support this conclusion), it should be possible to accecs behaviors to determine whether they are indicative that sexual abuse is likely to occur. We have reviewed the published literature and have not been able to find any measures that validly assess grooming behaviors (by any definition of grooming). This greatly reduces the value of any definition as the practical usefulness of a definition is seen in its ability to be operationalized in valid measurement processes. It is important to develop valid measures as it is not ideal for the detection of grooming to be an entirely post hoc process—that is, only after the abuse occurs are the gifts seen as inappropriate and thus as part of a grooming process. The grooming acts should seem at least somewhat inappropriate at the time they are occurring and thus ideally adults can intervene to stop future abuse. To resolve this problem, grooming requires a valid definition and a psychometrically adequate assessment procedure to reduce both the number of false positives and false negatives.
+
+We are currently developing an assessment device that would aid a clinician in coming to a valid conclusion as to whether an individual's behaviors can be considered grooming. As mentioned, an assessment of grooming in our proposed definition would involve a two-step process: (a) determining that the adult's behavior is inappropriate in and of itself, such as if the tickling is excessive or the bikini gift is not justified by the nature of the relationship; and (b) reasonably arguing that the function of this inappropriate behavior is to increase the likelihood of future abusive contact.
+
+What is "inappropriate" admittedly is somewhat of a vague term that requires judgment because we need to clearly differentiate the behavior from normal adult—child relationships. However, this judgment requirement currently exists for other psychological constructs as well. For example, the diagnosis of a major depressive episode might require that a clinician judges the client's guilt as "excessive." In addition, under our criteria these judgments of inappropriateness should be explicit (there must be a clear argument as to why the behavior is inappropriate). Since the argument must be explicated, others would be able to evaluate it and decide whether it is a nonproblematic judgment of the behavior.
+
+To illustrate, a male coach buying an eight-year-old girl a bikini would generally be considered inappropriate, but the act of buying her a pair of gym shoes with her mother's consent generally would not. A criticism of this definition is that -appropriate" behaviors may be used by some perpetrators to groom (e.g., buying a poor child gym shoes may still be performed to gain the child's trust to eventually abuse her). However, because this behavior can be entirely unrelated to abuse and because the assessment ought to strive to minimize false positives, we have chosen to require that all grooming behaviors be inappropriate in and of themselves. Second, we recognize that not all inappropriate behaviors ought to be considered grooming—an adult offering cigarettes to a child may be inappropriate but in addition we narrow the class of these inappropriate behaviors to those that are related to increasing the probability of sexual contact.
+
+It is important to note that there may be instances in which the questionable behavior falls in some gray area between grooming and nongrooming. For example, a father buying his daughter a bikini may or may not be considered inappropriate. Unless more details are known about the context of this purchase (perhaps it was just impossible for the mother or some other female to do this and the need for a bathing suit was urgent), one could explicate reasonable arguments that the behavior is and is not representative of grooming. The most logical judgment to come to, then, is that this behavior is an indeterminate case and that it is unclear whether it should be considered grooming.
+
+Arguments also need to be made regarding the second criterion of the definition: whether the function of the inappropriate behavior was to increase the likelihood of abuse in the future. Interpreting behavior and the intentions of a person performing a behavior is admittedly complex. The rational appraisal of behavior involves setting up a universe of plausible interpretations and gathering evidence in the individual case to rule in or rule out each. As an example, if a male neighbor has a pool and buys a bikini for a five-year-old girl to come over to swim and has her change into the bikini at his house while they are alone (the purchase of the bikini and having her change in his house without her guardian present would be considered inappropriate and thus meet the first criterion of the definition), the set of major plausible interpretations regarding the function of the behavior include:
+
+- 1. Buying a bikini for the girl was the only way to allow the child to engage in the appropriate activity of swimming. Changing at his house was the only way to have the child dressed appropriately for swimming. These facts do not function to set the occasion for abuse to occur.
+- 2. Buying a bikini and having the child change alone is not appropriate as there are more appropriate, prudent alternatives. In addition, bikinis can be thought of as sexualized clothing and changing alone without a guardian present is also a boundary violation. For example, giving money to the child's guardian to buy whatever bathing suit the guardian thought
+
+appropriate (perhaps a one piece) is a better way to allow the child to engage in the healthy activity of swimming. In addition, the child's guardian should always be present when the child is swimming in the pool or changing into her bathing suit. This pathway does not increase the probability that abuse will occur in the future.
+
+In this case, clearly the second alternative explanation is superior due to the fact that it respects the guardian's control, enhances the guardian's ability to supervise the child, does not isolate the child, might involve a less revealing swimsuit, and allows the guardian to exercise his or her discretion regarding what is appropriate swimwear. In addition, because the first alternative contains false assertions and can set the occasion for abuse, while the second alternative contains true assertions and is consistent with decreasing the likelihood of abuse, it is concluded that the behavior under question meets the second criterion of our definition of grooming as it is functioning to increase the likelihood of future abuse.
+
+Again, the advantage of this approach is that it explicates the arguments for a person's behavior as meeting or not meeting the definitional criteria. The situation is complex because often grooming is meant to be disguised or ambiguous by the would-be abuser. However, this approach does allow the generation of alternatives that would be more prudent and reasonable and thus both the inappropriateness and function of the behavior can be rationally identified.
+
+Finally, before this assessment method is accepted it must be evaluated with respect to its interrater reliability, predictive validity, sensitivity, and specificity. Currently, it is unfortunate that the field has no assessment methods to properly identify grooming and thus understanding the psychometrics of this definitional approach (as well as others) ought to be a priority.
+
+Obviously the proposal of this definition is just a first step, and it generates a large research agenda. Validity studies need to be run on a sample of what experts clearly identify as instances of grooming and instances of normal behavior to see the extent to which professionals trained in this definition can correctly identify these two kinds of behaviors. The rates of false positives and false negatives need to be identified in these sorts of studies and modifications in the definition, assessment, or training need to occur in attempts to minimize these. Randomly controlled studies can be used to compare the accuracy of this method as compared to other proposed methods and definitions. Studies need to be conducted investigating different types of abuse (e.g., familial versus nonfamilial, boys versus girls, young children versus teenagers, majority versus minority culture) to see the extent to which this definition is robust across these varying dimensions. Again, modifications would need to be made when problems or limitations are found. It would also be useful to conduct some longitudinal research with high-risk samples to determine the likelihood of accurate detection of grooming and the prevention of future abuse (by perhaps a comparison with a no treatment control). Another important issue is to investigate what sort of training programs or materials need to be developed so that a wide variety of professionals can faithfully implement the definition and proposed assessment methods.
+
+# CONCLUSIONS
+
+Currently there is no consensus regarding how to define grooming. In addition, there is no valid method to assess whether grooming has occurred or is occurring. The field poetesses an insufficient amount of knowledge about key issues such as the interrater reliability of these judgments or the error rates of these judgments including the frequency of false negatives or false positives. Thus currently it appears that grooming is not a construct that ought to be used in forensic settings as it does not meet some of the criteria in the Daubert standard. The Daubert standard indicates that in court an expert witness may only testify if (a) "the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case" (Rule 702: Testimony by expert witness). Right now it does not appear to be the case that there are "reliable principles and methods" to define and detect grooming.
+
+We propose a definition of grooming that involves two parts: (a) inappropriate behavior on the part of the adult and (13) sound arguments that this inappropriate behavior functions to increase the probability of future sexual abuse. We then provide exemplars of this kind of inappropriate behavior. Future research on grooming would be more useful to the field if data were collected using a single, clear definition such as the one we have proposed. This would provide a basis for data to be easily aggregated and better understood, which could lead to the admissibility of grooming evidence in forensic settings. Furthermore, we are currently working to develop valid psychometric instruments with known reliability and validity to assess grooming according to this standard.
+
+#### REFERENCES
+
+18 USC 2252A. Certain activities relating to material constituting or containing child pornography. (n.d.). In Legal Information Institute online. Retrieved from http://www.law.comell.edu/uscode/text/18/2252A
+
+Berliner, L., & Conte, J. R. (1990). The process of victimization: The victims' perspective. Child Abuse and Neglect, 14, 29-40. Berson, I. It (2003). Grooming cybervictims: The psychosocial effects of online exploitation for youth. Journal of School Violence, 2(1), 5-18. Brackenridge, C. H. (2001). Spoilsports:: Understanding and preventing sexual exploitation in sport. London, England: Routledge. Brown, D. (2001). Developing strategies for collecting and presenting grooming evidence in a high tech world. National Center for Prosecution of Child Abuse Update, 14(11). Retrieved from http://www.ndaa-apriorg/publications/ newsletters/update\_volume\_14\_number\_11\_2001.html Budin, I. E, & Johnson, C. F. (1989). Sexual abuse prevention: Offenders' attitudes about their efficacy. Child Abuse & Neglect, 13,77-87. Burgess, A. W., & Holmstrom, L. L. (1980). Sexual trauma of children and adolescents: Pressure, sex, secrecy. In L. G. Schultz (Ed.), The sexual victimology of youth (pp. 67-82). Springfield, IL: Charles C. Thomas. Christiansen, J. It, & Blake, R. H. (1990). The grooming process in father-daughter incest. In A. L Horton (Ed.), The incest perpetrator: A family member no one wants to treat (pp. 88-98). Thousand Oaks, CA: Sage. Conte, J. R., Wolf, S., & Smith, T. (1989). What sexual offenders tell us about prevention strategies. Child Abuse and Neglect, 13(2), 293-301. Craven, S., Brown, S., 8c Gilchrist, E. (2006). Sexual grooming of children: Review of literature and theoretical considerations. Journal of Sexual Aggression, 12(3), 287-299. Elliott, M., Browne, IC, & Kilcoyne, J. (1995). Child sexual abuse prevention: What offenders tell us. Child Abuse and Neglect, 19(5), 579-594. Gallagher, B. (1999). The abuse of children in public care. Child Abuse Review, 8, 357-365. Gallagher, B. (2000). The extent and nature of known cases of institutional child sexual abuse. British Journal of Social Work, 30(6), 795-817. Gillespie, A. (2002). Child protection on the internet: Challenges for criminal law. Child and Family Law Quarterly, 14(4), 411-425. Gillespie, A. (2004). "Grooming": Definitions and the law. New Law Journal, 154(7124), 586-587. Grath, A. N., Hobson, W. F., & Gary, T. S. (1982). The child molester: Clinical observations. In J. R. Conic 8c D. A. Shore (Eds.), Social work and child sexual abuse (pp. 129-144). Binghamton, NY: The Haworth Press. Hartill, M. (2009). The sexual abuse of boys in organized male sports. Men and Masculinities, 12, 225-249. Herman, J. L. (1981). Father-daughter incest. Cambridge, MA: Harvard University Press. Howitt, D. (1995). Paedophiles and sexual offences against children. Oxford, England: John Wiley and Sons. Knoll, J. (2010). Teacher sexual misconduct: Grooming patterns and female offenders. Journal of Child Sexual Abuse, 19, 371-386. Laudan, L. (1977). Progress and its problems. Berkeley, CA: University of California Press. Leberg, E. (1997). Understanding child molesters: Taking charge. Thousand Oaks, CA: Sage.
+
+McAlinden, A. (2006). "Setting 'ern up": Personal, familial and institutional grooming in the sexual abuse of children. Social & Legal Studies, 15(3), 339-362. Mower, L. (2012, July 22). Sex assault conviction may be test case for testimony standards. Las Vegas Reviewfournal. Retrieved from http://www.Ivrj.com/news/sexassault-conviction-may-be-test-case-for-testimony-standards-163325306.html O'Callaghan, D. (2011, November 7). Jailed after grooming teen online: Facebook groomer is jailed. South Wales Everting Post. Retrieved from www.lexisnexis. com/hottopic.s/Inacademic O'Connell, R. (2003). A typology of child cybersexploitation and online grooming practices. Retrieved September 2012 from http://www.jisc.ac.uk/uploaded\_ documents/lis\_PaperfPrice.pdf O'Donohue, W. (2013). Clinical psychology and the philosophy of science. New York, NY: Springer. Rule 702. Testimony by expert witness. (n.d.). In Legal Information Institute online. Retrieved from http://www.law.cornell.edu/rules/fre/rule\_702 Salter, A. (1995). Transforming trauma: A guide to understanding and treating adult survivors of child sexual abuse. Newbury Park, CA: Sage. Seto, M. (2008). Pedophilia. In D.R. Laws & W. O'Donohue (Eds.), Sexual deviance: Theory, assessment, and treatment. New York, NY: Guilford. Sgroi, S. M. (1982). Handbook of clinical intervention in child sexual abuse. Lexington, MS: Lexington Books. Shakeshaft, C. (2004). Educator sexual misconduct: A synthesis of existing literature (U.S. Department of Education Document No. 2004.09). Washington, DC: U.S. Department of Education. Spiegel, J. (2003). Sexual abuse of males: The SAM model of theory and practice. New York, NY: Brunner-Routledge. Van Dam, C. (2001). Identifying child molesters: Preventing child sexual abuse by recognizing the patterns of the offenders. Binghamton, NY: The Haworth Press. Vance, A. (2012, August 29). Prison for online grooming proposed. The Dominion Post (Wellington, New Zealand). Retrieved from www.lexisnexis.corn/hottopics/ lnacademic Wyre, R. (1987). Working with sex offenders. Oxford, England: Perry Publications.
+
+# AUTHOR NOTES
+
+Natalie Bennett, BS, is a graduate student in the Clinical Psychology Doctoral Program at the University of Nevada, Reno. Her current research interests focus on child sexual abuse and assessment of psychological constructs.
+
+William O'Donohue, PhD, is a professor of psychology at the University of Nevada, Reno. He is also the clinical director of the Victims of Crime Treatment Center, a treatment clinic for victims of sexual abuse or assault, in Reno, Nevada. He received his MA and PhD from the State University of New York at Stony Brook in Stony Brook, New York.
+
+# Grooming and Seduction
+
+Park Dietz'
+
+Journal of Interpersonal Violence
+
+2018. Vol. 33(I) 2046
+
+0 The Author(,) 2017
+
+Reprints and pensions:
+
+iagepuecanfloumabPermIstionsser
+
+DOt: 10.117703\$6260S 17742060
+
+iournalasappuboorwhomerliv
+
+
+
+#### Abstract
+
+Ken Lanning's recollections of the origins of the use of the term "grooming" to refer to techniques used by acquaintances to gain sexual access to and control over children is an important contribution to the history of the significant recognition that many cases of child sexual abuse occur at the hands of offenders who are acquaintances of the child and who do not need to use force, threats, or violence to gain the compliance of their victims. That this recognition was slow in coming is obvious in retrospect. as is true of any social problem that remains hidden for centuries only to burst into public consciousness over the course of a few years. In this article, I report the results of searches using Google Scholar to look at the introduction of this use of the term "grooming" to the peer-reviewed literature in 1984 and its increasing use through 2016. Since 2008. the usage has been adopted in hundreds of articles in the professional literature each year. suggesting that this usage of the term "grooming" will remain common in the decades ahead. I also examine the history of the term "seduction" in the context of child sexual abuse, particularly two archaic uses of the term: as a euphemism for any sexual or sexually stimulating encounter between child and adult and in the context of suggestions that it was the child who seduced the adult. To avoid resurrecting any confusion over these issues. it would be a mistake to abandon "grooming" in favor of "seduction." I conclude that the best strategy may be that adopted by Lanning of using the terms grooming and seduction in tandem, explaining the parallels between the seduction of one adult by another and the grooming or seduction of a child by an adult.
+
+#### Corresponding Author:
+
+Park Dim. Park Dieu & Associates, Newport Beach. CA 92663. USA.
+
+Emelt expert@parkdletrassociates.com
+
+x27;Park Olen & Associates. Newport Beach. CA. USA
+
+#### Keywords
+
+grooming, seduction, child sexual abuse, acquaintance molestation, litigation
+
+# Grooming and Seduction
+
+In the development of knowledge of child sexual abuse, few discoveries could outweigh the importance of recognizing that a large proportion of offenses are committed by acquaintances of the child using techniques other than force or threat of force. No individual has done more to share this insight with the international law enforcement community than Ken Lanning, whose writings and teachings have also reached mental health professionals, those who work in the criminal justice and social service systems, those who care for the nation's children, and countless concerned citizens and parents.
+
+The application of the terms "seduction" or "grooming" to these nonforceful, nonthreatening, and nonviolent techniques has been in the service of disseminating this important insight, which first burst into public consciousness as a real possibility in the mid-1980s as a result of partially untrue media reports about the McMartin School case and the case of Father Gilbert Gauthe, both of which stories first broke in 1984. Yet even today, far too many people, including many who should know better, have difficulty grasping the possibility of nonforceful, nonthreatening, and nonviolent acquaintance molestation, as their preconceptions of childhood innocence and predatory molesters are too strong to allow them to accept that children can be so readily manipulated into doing or allowing things that others find abhorrent.
+
+## Grooming
+
+Lanning (2018) is precisely correct in dating to the 1980s the use of the term "grooming" to refer to techniques for gaining sexual access to children and in his observation that during the 1980s, this usage gradually increased. Using the search capabilities of Google Scholar, I found no use of the word "grooming" to mean such techniques in conjunction with the terms "child sexual abuse," "child molestation," or "child molester" in the professional literature from 1850 through 1983. The first publication identified by Google Scholar as using the term "grooming" in this way was an article by Conte (1984) citing Groth and Bimbaum (1979) for the proposition that "[i]n most cases, except those involving abuse by a stranger, the perpetrator involves children in sexual abuse through a grooming process in which a combination of kindness, attention, material enticement, special privilege, and coercion are
+
+
+
+Figure 1. Use of the term "grooming" in association with "child sexual abuse" in the professional literature accessed by Google Scholar. 19842016. as of 25 August, 2017.
+
+expertly applied" (p. 558). Groth and Birnbaum accurately describe the process (at p. 142.143), but do not use the term "grooming."
+
+Figure 1 shows how the maximum number of publications in the database using the term "grooming" for this meaning' has increased since 1984. For the remainder of the 1980s, zero to nine publications per year used "grooming" for this meaning. From 1990.1999, the annual frequency rose from eight to 63, and from 2000 to 2009, from 64 to 227. From 2010 to 2016, the annual frequency rose from 282 to 533.
+
+My own recollection of the growing use of the term "grooming" in this context during the 1980s and 1990s is that it spread not only through peerreviewed literature and books, but also though the teaching and training being conducted by Ken Lanning, Ann Burgess, and other thought leaders of the era, and that it was gradually adopted by journalists and the general public as well. As the term came to be widely applied, it became increasingly obvious that offenders who groom children often groom the parents of those children, the organizations through which they work or volunteer with children, and the communities in which they function. The success of these offenders in doing so makes it all the more difficult for observers to overcome the false belief that such a "nice guy" could not be harming children (Lanning & Dietz, 2014).
+
+Lanning (2018) points to some of the ways in which the term "grooming" has been misapplied (e.g., to refer to the use of "lures" in stranger cases or what might be expected parental behaviors in intrafamilial cases) but does
+
+not mention the misuse of the term in civil litigation. Where a victim is suing an employer or organization in connection with the sexual abuse of a minor by an employee or volunteer, it has become commonplace for the victim's advocate to argue that the failure to detect "grooming" was negligent on the part of the employer or organization. If their use of the term "grooming" always encompassed excessive focus on a particular child, time alone with the child, or inappropriate touching, this usage might not be problematic, but when "grooming" is applied to such common and desirable behaviors as being kind or attentive or helpful or caring, there is considerable risk of misleading the fact finder into believing that these latter behaviors are wellestablished predictors of child sexual abuse when there is no evidence whatsoever that they can help discriminate between good employees and volunteers, on the one hand, and risky employees and volunteers, on the other hand. In the litigation context, efforts to expand the concept of "grooming" to encompass desirable behaviors that are not associated with elevated risk is misleading, particularly when coupled with the presumption or suggestion that "grooming" always reflects an intent or plan to offend or, worse, that an offense can be proved by the fact that the accused engaged in "grooming."
+
+# Seduction
+
+Although I agree with Lanning (2018) that the term "seduction" is preferable to the term "grooming," at least when there is an opportunity to explain how similar the seduction of a child is to the seduction of an age-appropriate partner, there is ample historical reason to be cautious about the use of the term "seduction" in this context without further explanation. This is because of two archaic usages of "seduction" in the older literature.
+
+# Archaic Usage #1: Seduction as a Euphemism for the Offense
+
+One of the archaic usages of "seduction," found often in the older scientific literature, is as a vague euphemism for any occurrence of child sexual abuse or an event that may have been sexually simulating to the child, as in these passages:
+
+- "[A] shock of some kind is held responsible for the neurosis—an attack by an animal, a threat of castration, a seduction, an actual viewing of parental coitus ..." (Isaacs, 1928, p. 193).
+- ". . I wondered whether the precocity of these fantasies and their frequency might not be due to actual seduction that the child had experienced ..." (Rank, 1942, p. 56).
+
+- ". . . It was expected that a connection would be found between the child's symptom and the seduction, which was assumed to be the traumatic factor ..." (Bornstein, 1946, p. 230).
+- ". . . [W]here father or mother, either consciously or unconsciously, elevate the child into a substitute sexual partner or commit real acts of seduction with him ... (A. Freud, 1968, p. 45).
+- "If we assume that the term `seduction' refers to any kind of sexual encounter, it can range from milder types, such as exposing oneself and enticing the child to follow suit, all the way to forcible rape" (Finch, 1974, p. 34).
+- "She was then able to use the dolls to reveal the drama of her own seduction and the ensuing family chaos ..." (Mrazek, 1980, p. 279).
+
+Here "seduction" is not referring to the process by which a child is groomed or seduced but to the offensive event itself. Freud's seduction hypothesis ".. . generalized that the roots of all adult neuroses lay in childhood sexual contacts with adults" (Gagnon, 1965, p. 177). The vagueness of this use of "seduction" makes it impossible to determine which child sexual abuse behaviors are and are not encompassed by the term and suggests that "seduction" may mean different specific things to different authors.
+
+Authors sometimes imply that "seduction" does not include violence, as when they distinguish it from rape or other violent assaults, as in these examples:
+
+- "Klein has stated that an experience of seduction or rape by a grownup person may have serious effects upon the child's psychic development . .." (Bender & Blau, 1937, p. 500).
+- "[T]he possible . . . event of seduction, incest, or rape . . ." (Lewis & Sarrel, 1969, p. 606).
+- "Violence is rarely found to accompany the incestuous act, possibly because seduction, passive compliance, or sexual curiosity or exploration promote such relationships" (Singer, 1979, p. 8).
+- "Children can be broken much more easily than adults, and the effect on them of torture, hatred, seduction, and rape—or even of indifference, of deprivation of love and care—is the devastating one of developmental arrest ..." (Shengold, 1979, p. 537).
+
+Although this usage comports with the modem idea of seduction or grooming insofar as it is to be distinguished from the use of force, threats, or violence, we would not today distinguish seduction from rape but rather would view seduction (or grooming) as a means of completing a rape or other sexual offense with minimal resistance or risk of disclosure.
+
+Cioffi (1976) interpreted Freud as using the concept of seduction to refer only to nonviolent sexual assaults, writing ". . . he duly reported that he had discovered the specific cause of psychoneurotic disorder: A passive sexual experience before puberty. In other words, a seduction" (p. 275). Cioffi's (1976) quotations of Freud in the same article support this interpretation: "Freud later assigned to his patients in phrases like: `hysterics trace back their symptoms to fictitious traumas'—or patients `ascribe their symptoms to passive sexual experiences in early childhood— (p. 277). Even here, however, what constitutes a "passive sexual experience" is unclear, as it could mean the offender did not use violence, that the child did not resist, or that the child was not an active participant.
+
+# Archaic Usage #2: The Child as Seducer
+
+A second archaic usage of "seduction" is to refer to the child's tempting of the offender. This is diametrically opposed to our current thinking about child sexual abuse in its suggestion that it is the child who is at fault, as in these examples:
+
+- ". . . [A] most striking feature was that these children were distinguished as unusually charming and attractive in their outward personalities. Thus, it is not remarkable that frequently we considered the possibility that the child might have been the actual seducer rather than the one innocently seduced" (Bender & Blau, 1937, p. 5 I 4).
+- "The majority of pedophiles are harmless individuals and their victims are usually known to be aggressive and seductive children" (Revitch & Weiss, 1962, p. 78).
+- "In many [cases] it was highly probable that the child had used his charm in the role of seducer rather than that he had been the innocent one who had been seduced ..." (Bender & Grugett, 1952, p. 826).
+- "Abraham (1907) and Bender and Blau (1937) have commented on how charming and seductive these children can be" (Rosenfeld, Nadelson, Krieger, & Backman, 1977, p. 332).
+
+Three examples of authors attempting to remedy this archaic view are as follows:
+
+- "... Although there may be a different quality to a seduction than to an attack, it must be remembered that even a seductive child cannot have full adult comprehension of the act she is courting and cannot be viewed as responsible in this area" (Lipton & Roth, 1969, p. 859).
+
+"Because the affectional needs of the child are not adequately met by the parents, the child may indiscriminately relate to adults in an affection-seeking manner in an effort to ensure her emotional survival.
+
+Numerous other investigators have characterized this behavior of the child as 'seductive'. However, our study indicates that this behavior is instead the child's often desperate attempt to meet her needs for care and attention . . The child's behavior may often appear sexualized to an adult . . . As a result, it is more appropriate to describe this behavior as affection-seeking rather than seductive" (Johnston, 1979, pp. 948.949).
+
+- "'Everybody knows' that adults must protect themselves from groundless accusations of seductive or vindictive young people. . . . What everybody does not know, and would not want to know, is that the vast majority of investigated accusations prove valid and that most of the young people were less than eight years old at the time of initiation" (Summit, 1983, p. 178).
+
+#### Conclusion
+
+Since its introduction to the peer-reviewed professional literature in 1984, the term "grooming" has become so widely adopted that it will remain in widespread use for decades to come. We can and should clarify the meaning of the term wherever possible to avoid misuse or misleading of our audiences. We could benefit from prospective studies of the frequency of grooming-like behaviors among adults in target-rich environments such as schools, youth sports, and youth groups, which could help distinguish behaviors portending risk from those that do not, though it would require a large sample and a long time to reveal at least some of the offenders in the sample.
+
+The two archaic uses of the term "seduction" in the context of child sexual abuse identified here arc too recent and too widely known to justify completely abandoning the term "grooming" in favor of "seduction," even if it were possible to do so. Perhaps the best strategy is that adopted by Lanning (2018) of explaining the parallel between the courtship and mating rituals that adults use with one another and the courtship and mating rituals that some use with children.
+
+#### Declaration of Conflicting Interests
+
+The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
+
+#### Funding
+
+The author(s) received no financial support for the research, authorship, and/or publication of this article.
+
+#### Note
+
+- 1. The data on which Figure I is based are derived from year-by-year searches of Google Scholar for the combination of the terms "child sexual abuse" and "grooming," excluding citations and patents. One should not assume that the underlying database is complete or that all the publications included in the count use "grooming" in this way or represent peer-reviewed literature, as newsletters, government reports, books, and other documents also make their way into such searches. Nonetheless, the graph gives an adequate representation of the growing use of the term "grooming" for this purpose.
+
+#### References
+
+Abraham, K. (1907). The experiencing of sexual traumas as a form of sexual activity. In E. Jones (Ed.), Selected papers on psycho-analysts (pp. 47-63). London, England: Hogarth Press. Bender, L., & Blau, A. (1937). The reaction of children to sexual relations with adults. American Journal of Orthopsychiatty, 7, 500-518. Bender, L., & Grugett, Jr., A. E. (1952). A follow-up study of children who had atypical sexual experience. American Journal of Orthopsychiatry, 22, 825-837. Bornstein, B. (1946). Hysterical twilight states in an eight-year-old child. The Psychoanalytic Study of the Child, 2, 229-240. Cioffi, F. (1976). Was Freud a liar? Orthomolecular Psychiatry, 5, 275-280. Conte, J. R. (1984). The justice system and sexual abuse of children. Social Service Review, 58, 556-568. Finch, S. M. (1974). Effects of adult sexual seduction on children. Journal of Clinical Child Psychology, 3, 33-35. Freud, A. (1968). Indications and contraindications for child analysis. The Psychoanalytic Study of the Child, 23, 37-46. Gagnon, J. H. (1965). Female child victims of sex offenses. Social Problems, 13, 176-192. Grath, A. N., & Birnbaum, H. J. (1979). Men who rape: The psychology of the offender. New York, NY: Plenum Press. Isaacs, S. S. (1928). The mental hygiene of the pre-school child. British Journal of Medical Psychology, 8, 186-193. Johnston, M. S. K. (1979). The sexually mistreated child: Diagnostic evaluation. Child Abuse & Neglect, 3, 943-951. Kris, E. (1950). The significance of Freud's earliest discoveries. The International Journal of Psychoanalysis, 31, 108-116. Laming, K. V. (2018). The evolution of grooming: Concept and term. Journal of Interpersonal Violence, 33, 5-16.
+
+Laming, K. V., & Dietz, P. (2014). Acquaintance molestation and youth-serving organizations. Journal of Interpersonal Violence, 29, 2815-2838. doi: 10.1177/0886260514532360 Lewis, M., & Sarre!, P. M. (1969). Some psychological aspects of seduction, incest, and rape in childhood. Journal of the American Academy of Child Psychiatry, 8, 606-619. Lipton, G. L., & Roth, E. I. (1969). Rape: A complex management problem in the pediatric emergency room. The Journal of Pediatrics, 75, 859-866. Mrazek, D. A. (1980). The child psychiatric examination of the sexually abused child. Child Abuse & Neglect, 4, 275-284. Rank, B. (1942). Where child-analysis stands today. American Imago; A Psychoanalytic Journal for the Arts and Sciences, 3(3), 41-60. Revitch, E., & Weiss, R. G. (1962). The pedophiliac offender. Diseases °like Nervous System, 23, 73-78. Rosenfeld, A. A., Nadelson, C. C., Krieger. M., & Backman, J. H. (1977). Incest and sexual abuse of children. Journal of the American Academy of Child Psychiatry, 16,327-339. Shengold, L. L. (1979). Child abuse and deprivation: Soul murder. Journal of the American Psychoanalytic Association, 27, 533-559. Singer, M. (1979). Perspective on incest as child abuse. Australian & New Zealand Journal of Criminology, 12, 3-16. Summit, R. C. (1983). The child sexual abuse accommodation syndrome. Child Abuse & Neglect. 7. 177-193.
+
+#### Author Biography
+
+Park Dietz, MD, MNI, PhD, was educated at Cornell, Johns Hopkins, and the University of Pennsylvania, and taught for 10 years at Harvard Medical School and the University of Virginia School of Law and School of Medicine. lie is now a clinical professor of psychiatry and biobeltavioral sciences at University of California, Los Angeles (UCLA). As president of Park Dietz & Associates, Inc., he regularly oversees forensic evaluations of psychological damages and expert assessments of liability in child sexual abuse litigation, and as president of Threat Assessment Group, Inc., he regularly participates in the development and implementation of programs to prevent and respond to misconduct in organizations and institutions.
+
+Journal of Sexual Aggration Routledge
+
+(November 2006), Vol. 12, No. 3, pp. 287 299
+
+Sexual grooming of children: Review of literature and theoretical considerations
+
+Samantha Craven,''\* Sarah Brown' & Elizabeth Gilchrist2
+
+'Department of Psychology, Coventry University, Coventry, UK, and 2Departmenr of Psychology, University of Kent, Canterbury, Kent, UK
+
+Abstract The current review aims w outline the existing understanding of sexual grooming. Issues
+
+of poor definition, the adoption of the term "grooming" and the prevalence of sexual grooming will be discussed Consideration will be given to how prominent theories of child sexual abuse often neglect sexual grooming. This will be followed by a detailed account of the existing knowledge within the literature. Three types of sexual grooming were thus identified• self-grooming, grooming the
+
+environment and significant others and grooming the child. Based on these findings, a new definition of sexual grooming is suggested. Furthermore, the findings correspond well with current models of the sexual offence process. A more comprehensive understanding of sexual grooming is required to facilitate
+
+a preventative approach to child protection. Keywords Sexual grooming; theory of child sexual abuse
+
+Introduction
+
+The complex nature of the tactics used by child sex offenders in their efforts to sexually abuse children is increasingly evident in the accounts of the people affected by this predatory behaviour. Sexual grooming is a pertinent issue evident in society, but there is still little understanding about this phenomenon. This is reflected in problems relating to definition,
+
+which will be discussed in addition to the evolution of the term "grooming". This review will
+
+# consider whether present aetiological theories of child sexual abuse can account for "sexual
+
+grooming" behaviour, and further determines what knowledge has already been established about the phenomenon of sexual grooming. Based on these findings, a new definition is presented and consideration is given to how current knowledge of sexual grooming relate to models of the sexual offence process.
+
+Definition Professionals are yet to agree on a definition of sexual grooming of children (Gillespie, 2004). Previous literature has provided three specific definitions of grooming. The strengths and
+
+\*Corresponding author: Samantha Craven, Department of Psychology, Coventry University, Priory Street, Coventry CV1 SFB, UK. Tel: 02476 887 048. Fax: 02476 888300. E-mail: s.craven@coventry•.ac.uk
+
+weaknesses of these definitions are discussed in turn below. First, O'Connell defines sexual grooming as:
+
+A course of conduct enacted by a suspected paedophile, which would give a reasonable person cause for concern that any meeting with a child arising from the conduct would be for unlawful purposes. (O'Connell, 2003, p. 6)
+
+Second, Howitt suggests that:
+
+Grooming... is the steps taken by paedophiles to "entrap" their victims and is in someways analogous to adult courtship. (Howitt, 1995, p. 176)
+
+These two definitions are problematic, because they both refer to the term paedophile. Most sexual offenders who target child victims use sexual grooming, not just those classified as paedophiles. The term "paedophile" is a very specific clinical diagnosis, clearly not applicable to all offenders, and the association of grooming behaviour with paedophilia may prevent some offenders from acknowledging their own grooming behaviours. In addition, people known to the offender may not identify the grooming behaviour because they do not consider the individual to fit their image of a "paedophile". The public perception of a paedophile is littered with stereotypes that they are "dirty old men" or strangers; these perceptions may affect an individual's judgement of whether the behaviour they have observed is grooming. These misperceptions distract from the truth that most victims know their abuser. It is important that the wording of a definition does not thwart the identification of sexual grooming and the subsequent prevention or ending of abuse.
+
+Furthermore, the phrase "a course of conduct" requires subsequent definition. Additional problems include reference to "a reasonable person" and "cause for concern". Although legal precedent defines these phrases, they are ambiguous to the lay reader and hence they are open to misinterpretation and confusion. These definitions are confusing, at best, and at worst they reinforce the myth that strangers are the biggest risk to children. Consequently, this ambiguity may hinder the identification of the full range of sexual grooming behaviours.
+
+Gillespie (2002) provides the third definition:
+
+The process by which a child is befriended by a would-be abuser in an attempt to gain the child's confidence and trust, enabling them to get the child to acquiesce to abusive activity. It is frequently a pre-requisite for an abuser to gain access to a child. (Gillespie, 2002, p. 411; based on van Dam, 2001)
+
+This definition avoids the use of the term paedophile. It also provides some clarity about the purpose of sexual grooming behaviour and identifies some of the stages that it involves. This appears to be the most appropriate published definition to date. Further evaluation of this definition will follow consideration of previous literature and current understanding about sexual grooming.
+
+#### Prevalence
+
+Canter, Hughes and Kirby (1998) provide evidence for the prevalence of the sexual grooming phenomenon. They used Small Space Analysis on a behaviour matrix of the interaction benveen 97 incarcerated child sex offenders and their victims. They identified three distinct behaviour repertoires of offender-victim interaction. The different types of offender—victim interaction acknowledged were aggressive, which was identifiable by the use of extreme
+
+violence, threat and force; criminal-opportunist, which tended to be one-off offences on strangers; and intimate, which was categorized by the identified use of sexual grooming behaviours.
+
+Forty-five per cent of Canter et al.'s (1998) sample were classified as being intimate offenders. Thus, 45% of the child sex offenders employed an intimate behaviour repertoire and sexual grooming behaviours. This figure is likely to be unrepresentative of the child sex offender population as a whole. Intimate offenders tend to cause less physical harm to their victims than the other categories of offenders and the very nature of the behaviour used to categorize the intimate offenders implies that they would be less likely to be reported, identified and convicted, because these grooming behaviours are used to avoid disclosure and conviction. Hence, it is likely that intimate offenders were under-represented in this prison sample.
+
+Figures show that eight of 10 sex abuse victims know their abuser (Stop it Now, 2003). In such cases, offenders have substantial interest in preventing disclosure, because in the event of disclosure the victim would be able to easily identify them as their abuser. This is supported by offenders' accounts about the strategies they employed to victimize the children they sexually abused; fear of disclosure affected how and when they victimized their victims (Conte, Wolf & Smith, 1989).
+
+#### Aetiology of a motivation to abuse
+
+Before an individual begins to groom a child, some level of motivation to abuse a child needs to be present. Furthermore, adequate theories of sexual offending should be able to account for the phenomenon of sexual grooming. Until recently there have been three dominant theories of child sexual abuse, namely Finkelhor's Pre-condition Model (1984); Marshall and Barbaree's Integrated Theory (1990); and Hall and Hirschman's Quadripartite Model (1992). In 2002, Ward and Siegert proposed a more comprehensive theory of child sexual abuse by "knitting together" the strengths of each of the above theories. They propose that there are five pathways to sexual offending against children; hence, the theory is called The Pathways Model. This review shall consider each of these only briefly, because Ward and colleagues have already provided in-depth reviews (see Ward, 2001, 2002; Ward & Hudson, 2001). Herein, more emphasis will be placed on how these theories relate to the phenomenon of sexual grooming.
+
+#### Marshall and Barbara's Integrated Theory
+
+Marshall and Barbaree's (1990) Integrated Theory of the aetiology of sexual offending proposes that the presence of vulnerabilities, which develop as a result of adverse early developmental experiences, leave offenders unprepared to deal with the surge of hormones at puberty, and unable to understand the emotional world. As a resultant, offenders satisfy their emotional and sexual needs inappropriately in deviant ways. This theory suggests that sexual offending occurs as a consequence of an individual's sex and aggression drives becoming fused, as these functions share the same structure in the brain. Ward and Siegert (2002) state that this need not be the case, as there are many functions that are close in proximity but that do not affect each other. Furthermore, this theory suggests that sexual offending would be aggressive. Therefore, it would seem that it does not account for the phenomenon of sexual grooming, because the process of sexual grooming is generally not aggressive in nature.
+
+However, this criticism may be countered if a definition of aggression were to include indirect aggression, which sexual grooming could be considered to be.
+
+#### Hall and Hirsehman's Quadripartite Model
+
+Hall and Hirschman's (1992) Quadripartite Model was first developed as a theory of rape, but it was applied subsequently to child sexual abuse. This model suggests that someone commits an act of child sexual abuse because of four vulnerability factors and the presence of opportunity. The vulnerability factors are physiological sexual arousal, distorted cognitions that act to justify sexual aggression, affective dyscontrol, and personality problems. It is suggested that offending will occur when the presence of these vulnerability factors exceed a threshold, this could include one or all of these vulnerabilities. There are several problems with this model; first, it does not explain why someone chooses to offend against a child rather than an adult. Second, sexual grooming is not an impulsive act and the threshold would need to be maintained over a long period of time in order to explain sexual grooming, because it can occur over weeks, months or even years. Hence, this theory can account for sexual grooming if it is accepted that, for example, sexual arousal persists over long periods of time, so once sexually aroused to children/child the offender would be continually aroused to them. A further problem with this theory relates to the presence of opportunity; offenders often create their own opportunities to offend.
+
+#### Finkelhor's Pre-condition Model
+
+Finkelhor's Pre-condition Model (1984) suggests that there are four pre-conditions to sexual offending. The first is the motivation to sexually abuse; it is suggested that this develops as a result of emotional congruence (a fit between the offender's emotional needs and the child's ability to meet them), deviant sexual arousal and blockage (the sexual needs of the offender not being met by appropriate adults). The second is to be able to overcome internal inhibitors; the third is to be able to overcome external inhibitors; and the fourth is to overcome the child's resistance. Before an incidence of abuse would take place, these pre-conditions need to be satisfied. Although Finkeihor does not use the term sexual grooming, others (e.g. Morrison, Erooga & Beckett, 1994; Sampson, 1994) have reviewed his work using this term. They referred to overcoming the child's resistance as grooming.
+
+#### Ward and Siegert's Pathways Model
+
+Ward and Siegert's (2002) model is based on the dysfunction of one or more psychological mechanisms—emotional regulation, intimacy deficits, cognitive distortions and sexual arousal (deviant sexual scripts). All the aforementioned psychological mechanisms are involved to some degree. There is evidence of these dysfunctional mechanisms being present typically in child molesters, although to different degrees and for different functions. The five possible pathways are specified by whichever dysfunctional psychological mechanism is the most dominant; in turn this will affect the others. In the case of the fifth pathway, all the psychological mechanisms would be similarly dysfunctional. A sexual offence occurs when the above is present in conjunction with sexual need. In addition, Ward and Siegert still emphasize the importance of there being an opportunity to offend; however, the nature of sexual grooming is to create an opportunity to offend. Successful theory would need to account for this.
+
+Despite Ward and Siegert presenting their Pathways Model as a comprehensive theory of sexual offending, it still only considers aetiology and no consideration is given to the offence process. In a comprehensive theory it is necessary to consider the whole journey from initial onset to the offence and beyond. In a similar way that the Transtheoretical Model (Prochaska & DiClemente, 1982) of change considers not only the action stage, where the overt behaviour is changed, but also the precontemplation, contemplation, preparation and maintenance stages, a theory of sexual offending against children needs to consider the whole journey. As demonstrated above, it is necessary that theories of aetiology are coherent with the phenomenon they are attempting to explain. While endeavouring to explain sexual offending it is important that sexual grooming is also factored into the equation, because it is part of the sexual offending phenomenon. Of the above theories, only Finkelhor's (1984) Pre-condition Model has taken this approach.
+
+#### Offence process
+
+In addition to the Pre-condition Model (Finkelhor, 1984) there is one other model that considers the offence process of sexual offending. This is the Descriptive Model of the Offence Chain (Ward, Louden, Hudson & Marshall, 1995). Ward et al.'s model provides a much more detailed account of the offence process than the Pre-condition Model. While little evidence has been found to support Finkelhor's Pre-condition Model, Ward et al. used a grounded theory approach and developed their model directly from offenders' experiences. They identified nine stages of the offence chain. Stage one relates to the offender's background factors, including their perception of themselves and their life at the beginning of the offence chain and whether these factors caused positive or negative affect. Stage two describes distal planning of access to their victim; this could take the form of implicit, or explicit planning or chance. Contact with the victim takes place in stage three. Stage four involves cognitive restructuring, which will result in either positive or negative affect. Stage five entails proximal planning, which would either be self-focused, victim-focused or a mutual-focus. This leads to stage six and the sexual offence, which is followed by further cognitive restructuring at stage seven. This results in negative or positive evaluation and future resolutions regarding continued offending at stage eight. This resolution will be to either avoid future offending or to persist in an abusive pattern. Stage nine depicts the impact of these resolutions on the offender's life.
+
+It is important to consider how sexual grooming fits into, and facilitates, the offence process, as this understanding is likely to aid the management of offenders and potential offenders by identifying the offence process prior to an sexual offence taking place. In addition, it is reasonable to suggest that motivation is not static but could be affected by later stages of the grooming and offence process, e.g. cognitive distortions developed later in the process could serve to reinforce prior motivation resulting in an entrenched deviant sexual interest. This may prove valuable to treatment programmes efforts of reducing motivation to offend.
+
+#### The grooming process
+
+The current review has identified three types of sexual grooming present in the literature self-grooming, grooming the environment and significant others and grooming the child. Each of these will be discussed to explore current understanding of sexual grooming. Understanding of the grooming process and an ability to identify sexual grooming behaviour is crucial in order to prevent child sexual abuse. However, retrospective identification of sexual grooming, i.e. after a sexual offence has been committed, is much easier than prospective identification, i.e. before a sexual offence. Nevertheless, the latter is necessary in order to prevent the sexual abuse from taking place. The reason for this is because the behaviours used to groom a child for sexual abuse are not dissimilar to innocent behaviour intended to broaden a young person's experiences. The only difference may be the motivation underlying the behaviour.
+
+#### Self-grooming
+
+van Dam (2001) reports that during treatment, offenders' talk about "grooming themselves". They were referring to the justification or denial of their offending behaviour. It therefore seems important to consider this as part of the grooming process. However, it may be more agreeable to refer to this phenomenon by another name, avoiding the use of the term "grooming". Nevertheless, self-grooming is likely to play a part in the move from being motivated to sexually abuse a child to the subsequent targeting of a child, through the justification or denial of the steps child sexual offenders take towards abusing a child. Furthermore, self-grooming is likely to be affected by the response from the community and the child, and the success or failure of the efforts to victimize the child. "Success" is likely to result in further justification or denial of their actions and more entrenched sexual interest in children and motivation to offend. "Failure", on the other hand, is likely to result in the desistence of offending or the offender developing/enahancing his skills/strategies to ensure success.
+
+Justification and denial of offenders' behaviour manifests in cognitive distortions. Ward and Keenan (1999) propose that child sex offenders have cognitive distortions in the form of implicit theories, which relate to themselves, the victim and the world. Implicit theories help individuals to understand the world around them. Problems arise because offenders' implicit theories are maladaptive and supportive of sex with children. These implicit theories subsequently affect encoding and interpretation of future behaviours and events. Ward and Keenan have identified five implicit theories that account for most of the cognitive distortions held by child sex offenders: children as sexual objects; entitlement; dangerous world; uncontrollability; and nature of harm.
+
+Of course, it is not only offenders who have maladaptive implicit theories. For example, many people have an implicit theory that children are at most risk from strangers, which is not consistent with research findings. However, it is easier to believe that strangers sexually abuse children than accept that friends and family do; hence, this implicit theory helps to shelter people from the harsh nature of reality. Offenders' implicit theories work in a similar way, because it is easier for offenders to believe that the child seduced them than to accept that they sexually abused a child.
+
+#### Grooming the environment and significant others
+
+Grooming the child begins with identifying a vulnerable child (van Dam, 2001). Child sex offenders seem to have a special ability in recognizing vulnerable children (Conte et al., 1989). These vulnerabilities may be that the children have a poor relationship with their parents, do not have many friends (Berliner & Come, 1990), or have already been victimized (Leberg, 1997). Alternatively, offenders may target women who were sexually abused as children, because the offender considers them easier to re-victimize.
+
+In order to gain access to their victim(s), offenders groom the environment and their potential victim's significant others (e.g. parents, carers, teachers, etc). This may mean the offender integrating themselves into society and places where they are likely to meet children. This will often be a position of trust. Offenders then begin grooming the adults in this community, specifically those who are significant to their potential victim, with the aim of creating an opportunity to access and abuse a child or children. van Dam (2001) reports that offenders are frequently charming, very helpful, and have insider status. This is often an important factor in gaining access to potential victim(s). As offenders help out in the community, they are considering how their efforts will be rewarded later when they can then abuse the children in that community. Offenders are often able to "read the community like a book" in that they assess what they "need" and fulfil these needs accordingly (Hare Sr Hart, 1993). They can make themselves indispensable, too good to be true and will freely undertake jobs that others do not want to do (Leberg, 1997).
+
+A desire on the part of parents to avoid cognitive dissonance may assist offenders' grooming efforts. A parent may suffer cognitive dissonance as a result of concerns about the trustworthiness of the offender alongside their hospitality and acceptance of the offender. When thoughts do not match behaviour, cognitive dissonance manifests, and often thoughts are changed to be consistent with behaviour (van Dam, 2001). Thus, offenders gain insider status long before they start abusing a victim (van Dam, 2001). Grooming is therefore a wellorganized long-term activity (Sanford, 1982). Offenders groom the community so well that if a victim discloses their abuse, the community may support the offender rather than the victim, because they deem the offender to be more believable than the child.
+
+In the case of intrafamilial child sexual abuse, offenders are already in a position of trust and integrated in an environment where they can access potential victims. Some offenders groom the environment by targeting single-parent families to gain this status (Elliott, Browne & Kilcoyne, 1995). Offenders may do this because they believe that these children are more vulnerable and because they believe it will be easier to create opportunities to be alone with the child. Alternatively, offenders may target children or young people who have absent parents, and hence have less protection. In this incidence there is no need for the offender to groom the parents. They can become the child's friend and more easily arrange to have time alone with the child.
+
+Intrafamilial offenders often isolate the victim from their non-abusing parent, siblings and the outside world by developing an exclusive relationship with the child. For instance, they may encourage mothers to have more of a life outside the home, which then gives themselves increased opportunities to abuse their victims. Alternatively, they may isolate nonabusing parents from the outside world in order to prevent them from having people in whom to confide about any concerns (Leberg, 1997). Some offenders encourage mothers to develop an alcohol dependency, in part so that any future disclosures made lack credibility (Leberg, 1997). Other similar strategies employed to limit credibility include questioning the mother's parenting ability in front of friends and other family members. This may constitute part of their strategy for grooming the environment and significant others.
+
+Grooming the environment and significant others can occur as a result of implicit or explicit planning; alternatively, access to a child may occur by chance. Ward and Hudson (2000) have developed a conceptual model of how child sex offenders' implicit planning or seemingly unimportant decisions (SUDs) implicate their offending behaviour by leading them to high-risk situations, i.e. contact with children. This appears to be automatic, because although offenders are conscious of their specific behaviours, they are often unconscious of the effect of implicit goals on these behaviours.
+
+Gollwitzer and Schaal (1998, cited in Ward & Hudson, 2000) suggest that it is through automatic goal-dependent action plans that these SUDs manifest. Ward and Hudson (2000) propose that there are two such action plans: offence scripts and mental simulations. Offence scripts manifest as a result of associations that have developed between situations and behaviours; subsequently, in the presence of certain cues, offence scripts may be activated without any conscious awareness. This is a possible explanation of continued offending and relapse following treatment.
+
+Automatic goal-dependent action plans can be activated regardless of whether an individual has committed any previous sexual crimes. This alternative involves mental simulation. Mental simulation is where an individual plans out in detail how he would commit an offence. As with offence scripts, the presence of certain cues may activate this implicit planning, resulting in the enactment of the individual's fantasies. The notion of implicit planning may provide a possible explanation why the majority of victims know their abuser, because the cues that activate the implicit planning are more likely to be present within the family or in relation to children in the immediate locality (i.e. the places where an individual spends the majority of his time).
+
+It is reasonable to suggest that the fundamental human need to belong may present one possibility to further understand offenders' ability to identify a victim and groom the environment and significant others. Research has shown that a need to belong can affect very basic cognitive functions, e.g. attention and encoding of social information (Pickett, Gardner & Knowles, 2004). Pickett et al. found a positive relationship between a need to belong and sensitivity to social cues. Sexual offenders often come from neglectful, violent and dysfunctional backgrounds (Craissati, McClurg & Browne, 2002). This environment is unlikely to provide an abundance of opportunities for emotional closeness and thus offenders are likely to have a need to belong. In addition, a need to belong is related to low self-esteem (Pickett et al., 2004) and research to date suggests that child sex offenders typically have low self-esteem (Marshall, Anderson & Champagne, 1997). This is supportive of the idea that a need to belong facilitates offenders' identification and access to a victim, because of the associated increased sensitivity to social cues. Children may be approached because the offender perceives them to be less threatening than peers. Alternatively, offenders may be able to identify vulnerabilities in other people because they themselves are vulnerable and thus recognize these signs in others. This explanation would relate to offenders that commit offences following implicit planning. Offenders using explicit planning may also have a need to belong and the associated increased sensitivity to social cues, as a result of a need to belong to the family of community in order to groom and subsequently abuse a child. It is therefore suggested that, in the presence of a motivation to sexually abuse a child, a need to belong often facilitates the identification of a victim and grooming of the environment and significant others.
+
+#### Grooming the child
+
+Grooming the child is the most commonly recognized form of sexual grooming. In addition to a desire for sexual gratification, there may or may not be a relational aspect to the grooming process, depending on the offender's motivation to abuse. Sexual grooming has been considered by some to be analogous to adult courtship (e.g. Howitt, 1995). In addition, Herman (1981) and Christiansen and Blake (1990) talk about sexually abusive fathers adopting the role of suitor towards their daughter. In the case of intrafamilial abuse, the offender promotes the child in place of the mother (Leberg, 1997). Alternatively, the offender may interact with the child on the child's wavelength (van Dam, 2001). Wilson (1999) found
+
+that offenders who abused boys showed a preference for interacting at the child's level, and incest offenders tended to raise the victim's status to that of an adult, while offenders who abused girls were more concerned with sexual gratification. The types of behaviour that constitute grooming the child take two different forms—physical and psychological.
+
+Physical grooming involves the gradual sexualization of the relationship between the offender and the victim (Berliner & Conte, 1990). Psychological grooming is used to achieve this increased sexualization. At first, the offender may justify the sexual behaviour through providing the child with his version of sex education, which states that sex between children and adults is acceptable and that the offender has a responsibility to train the child for later life (Berliner & Conte, 1990; Leberg, 1997). The abuser builds the child's trust (Christiansen & Blake, 1990; Leberg, 1997; Wyre, 1987, cited in Howitt, 1995; van Dam, 2001), makes him or her feel good (Warner, 2000) and then starts to violate boundaries (Christiansen & Blake, 1990; van Dam, 2001). This may involve intentionally entering the bedroom while the child or young person is undressed, or getting dressed together and exposing himself to the child.
+
+Offenders often desensitize a child to touch by beginning with non-sexual touching such as tickling or stroking the child's head. Conversation may also become more sexual. Alternatively, offenders may confuse victims by continuing to talk to the child about a positive unrelated issue while they begin touching the child sexually (Leberg, 1997). The child may have no idea that something inappropriate is happening. The aim is to progress to sexual touching, first on top of clothes and later under or without clothes (Berliner & Conte, 1990; Christiansen & Blake, 1990; Leberg, 1997; van Dam, 2001). Thus, the intention is to make the child compliant with the offender's sexual demands and overcome the child's resistance (Finkelhor, 1984; Leberg, 1997; Warner, 2000).
+
+In addition to using psychological grooming to increase compliance, it is also used to avoid disclosure. Children are groomed to want to be around the adult who is grooming them (Wolf, 1985). Offenders need to maintain the child's cooperation and secrecy to achieve this. One way that the offender does this is by isolating the child and alienating them from others (Warner, 2000). Leberg (1997) refers to this factor as something separate from grooming, others (e.g. van Dam, 2001) consider it to be part of the grooming process. Isolating the child creates a barrier which prevents the child from having a confidant in whom to disclose (Warner, 2000). In addition, the keeping of secrets acts as a source of further isolation (Lerner, 1993, cited in van Dam, 2001). Children are very good at keeping secrets when asked to. Peters (1991, cited in Ceci & Bruck, 1993) found that 82% of children in his study delayed or did not report an event that they had witnessed, because the thief in the scenario asked them not to tell anyone. The thief in this scenario was a stranger, to whom the children had no loyalty, and so it is likely that children would be even more likely to protect a known and loved adult.
+
+Further strategies used by offenders to maintain the child's compliance include issuing threats and bribes (Berliner & Conte, 1990; Christiansen & Blake, 1990). Bribes may take the form of material gifts or extra privileges (Christiansen & Blake, 1990). In addition, offenders are skilled at using children's natural vulnerabilities against them. For instance, children very often have a strong desire to protect their parents. When the offender informs them that their parents would be very hurt if they found out what they had been doing, children may remain silent (Berliner & Conte, 1990). Offenders may also demonstrate their potential for violence through violence towards others, e.g. other family members. Thereby offenders reinforce the message that they will enact their threats about hurting the child and/or the child's family.
+
+Offenders frequently make the child feel responsible for the abuse (Leberg, 1997; van Dam, 2001; Warner, 2000). They convince the child that they are to blame for letting the abuse happen and that they should have stopped it (Leberg, 1997). This is reinforced by stereotypes in society, which emphasize that men cannot control their sex drive (Warner, 2000). Additional guilt may be felt if the child has been made to perform sexual acts on the abuser or another child (Warner, 2000). However, this feeling of responsibility and guilt is overshadowed by the self-betrayal the child feels as their body reacts to sexual stimulation against their will (Warner, 2000) which children may interpret as evidence that they are enjoying themselves. This is internalized and resultantly may have an impact on the child's developing identity. Disclosure is avoided because the child feels that it is "all their fault", that he/she is bad and that no one will believe them (Warner, 2000).
+
+Each victim's experience of grooming is different, because offenders adapt their strategies dependent on the child, whose response during the grooming process is important. It seems reasonable to suggest that offenders require some level of "empathy" during the grooming process to recognize reactions in the child, so that they can adapt their strategy accordingly. For example, during the desensitization process an offender would need to recognize the limits of the victim and to strategically increase those limits. It is proposed that empathy involves four components: (1) emotion recognition; (2) perspective-taking; (3) emotion replication; and (4) response decision (Marshall, Hudson, Jones & Fernandez, 1995). Continuing with the previous example, offenders recognize the distress in their victim and make a decision based on this, because they choose to stop temporarily as a strategic part of the desensitization process. Thus, offenders appear to have ability in components (1) and (4), which are the cognitive components, but not in the affective components (2) and (3). While early research on empathy in sex offenders concluded that they have empathy deficits, more recent research has found that this empathy deficit to be victim-specific (Fernandez, Marshall, Lightbody & O'Sullivan, 1999; Marshall, Hamilton & Fernandez, 2001; Marshall et al., 1995). This is inconsistent with the suggestion that the grooming process requires some level of empathy. However, Fernandez et al. (1999; Marshall et al., 2001) provide a possible explanation for this. They suggest that victim-specific empathy deficits manifest as cognitive distortions, which protect the offenders from negatively evaluating themselves, thus allowing them to continue abusing a child. Based on this suggestion, victim-specific empathy deficits arise as a consequence rather than a cause of the abuse. These cognitive distortions therefore facilitate self-grooming.
+
+The manifestation of a cognitive distortion relating to a victim-specific empathy deficit may be facilitated by cognitive deconstruction. Cognitive deconstruction (see Ward, Hudson & Marshall, 1995) is a state entered into to escape negative experiences and negative selfevaluation. Cognitive deconstruction involves processing at a lower, more concrete, level, i.e. muscular movements, and rewards of behaviour, rather than social action. Resultantly, the individual has much more focus on feelings of pleasure and less awareness of the consequences of his behaviour. This concrete-level focus may reinforce cognitive distortions such as victims enjoyed the abuse because they became physically aroused, which justifies the offender's lack of empathy toward their victim.
+
+Self-grooming, grooming the environment and significant others, and grooming the child are relevant to situational and preferential offenders, extra-familial and intrafamilial offences. It is important that the different types of sexual grooming apply to these different typologies and classifications of offenders because sexual grooming is not used solely by one group of offenders and, furthermore, these categories are not mutually exclusive (Itzin, 2001).
+
+#### Towards a new definition of sexual grooming of children
+
+The definitions of sexual grooming presented at the start of this review do not reflect the complexity of the sexual grooming of children, which is demonstrated in the previous discussion of the different types of sexual grooming. Based on the above findings it seems necessary to provide a new definition that attempts to encapsulate the complexity of sexual grooming, while still being easy to understand. We propose the following:
+
+A process by which a person prepares a child, significant adults and the environment for the abuse of this child. Specific goals include gaining access to the child, gaining the child's compliance and maintaining the child's secrecy to avoid disclosure. This process serves to strengthen the offender's abusive pattern, as it may be used as a means of justifying or denying their actions.
+
+#### Conclusion
+
+Despite the wide acceptance of the term, sexual grooming of children is not understood clearly, particularly in the public domain. Testimonies from both victims and perpetrators highlight the pertinence of the problem. Furthermore, the government in England and Wales has introduced legislation in the Sexual Offences Act 2003 regarding "meeting a child following sexual grooming" (see Part 1: section 152003). A greater understanding of the meaning, elements and process of sexual grooming is required to effectively utilize this legislation (for review see Craven, Brown & Gilchrist, in press).
+
+Regardless of the prevalence and pertinence of sexual grooming, most aetiological theories of child sexual abuse neglect the phenomenon. The main reason for this is likely to be because prominent theories of child sexual abuse were devised more than 10 years ago, at a time when sexual grooming was not recognized as it is today. Therefore, it is necessary that theories be reconsidered based on this recent awareness. Ward (2001, 2002; Ward & Hudson, 2001; Ward & Siegert, 2002) has begun the process of theory knitting and development. While Ward and Siegert's Pathways Model is able to account for sexual grooming, it still focuses on the presence of opportunity rather than explicitly recognizing that offenders often create their own opportunities to offend.
+
+The current review has identified three types of sexual grooming discussed in the literature: self-grooming, grooming the environment and significant others and grooming the child. Based on these findings an alternative definition has been suggested, which includes details about offenders' objectives, e.g. gaining access to a child, gaining the child's compliance, maintaining secrecy and avoiding disclosure.
+
+A fuller understanding of sexual grooming is required. Consideration needs to be given to offender-victim interaction (before, during and after the offence), micro behaviours that may indicate to significant adults that a child is being sexually groomed, or indeed that they themselves are being groomed by an offender, and the seemingly impossible task of proving beyond reasonable doubt that the ambiguous behaviour of sexual grooming is sexually motivated. This would provide many benefits to child protection and the policing and treatment of child sex offenders with a specific focus on prevention of child sexual abuse rather than reactive responses to it. To optimize the impact of acquired knowledge and understanding, it is necessary to consider how these findings are disseminated to the relevant groups involved with children, e.g. parents, police, and social workers.
+
+#### References
+
+- Berliner, L. & Conte, J. R. (1990). The process of victimization: The victims' perspective. Child Abuse and Neglect, 14, 29 40. Canter, D., Hughes, D. & Kirby, S. (1998). Paedophilia: Pathology, criminality, or both? The development of a multivariate model of offence behaviour in child sexual abuse. Journal of &ramie Psychiatry, 9, 532 555. Geri, S. J. & Bruck, M. (1993). Suggestibility of the child witness: A historical review and synthesis. Psychological Bulletin, /1, 403 439. Christiansen, J. R. & Blake, R. H. (1990). The grooming process in father daughter incest. In A. L Horton (Ed.), The Incest Perpetrator: A Family Member No One Wants to Treat (pp. 88 98). Thousand Oaks, CA: Sage Publications, Inc. Conte, J. R., Wolf, S. & Smith, T. (1989). What sexual offenders tell us about prevention strategies. Child Abuse and Neglect, 13, 293 301. Craissati, J., McClurg, G. & Browne, K. (2002). Characteristics of perpetrators of child sexual abuse who have been sexually victimized as children. Sexual Abuse: Journal of Research and Treatment, 14, 225 239. Craven, S., Brown, S. & Gilchrist, E. (in press). Current responses to sexual grooming: Implication for prevention. The Hound Journal of Criminal Justice, 46. Elliott, M., Browne, K. & Kilcoyne, J. (1995). Child sexual abuse prevention: What offenders tell us. Child Abuse and Neglect, 19, 579 594. Fernandez, Y. M., Marshall, W. L., Lightbody, S. & O'Sullivan, C. (1999). The Child Molester Empathy Measure: Description and examination of its reliability and validity. Sexual Abuse: Journal of Research and Drannent, 11, 17
+- 32. Finkelhor, D. (1984). ChildSexual Abuse: New Theory and Research. New York: Free PressiLondon: Collier Macmillan. Gillespie, A. (2002). Child protection on the internet challenges for criminal law. Child and Family Lan, Quarterly, 14, 411 425. Gillespie, A. (2004). "Grooming": definitions and the law. New Law Journal. Hall, G. C. N. & Hirschman, R. (1992). Sexual aggression against children: A conceptual perspective of etiology. Cviminal Justice and Behavior, 19,8 23. Hare, R. D. & Han, S. D. (1993). Psychopathy, mental disorder, and crime. In S. Hodgins (Ed.), Mental Disorder and Crime (pp. 104 115). Thousand Oaks, CA: Sage Publications, Inc. Herman, J. (1981). Father daughter incest. Professional Psychology: Research and Practice, 12, 76 80. Home Office (2003). Sexual Offences Act 2003. Available at: htth://www.hmso.gov.ukiactsfacts2003/20030042.htm (accessed November 2003). Howie, D. (1995). Paedophiles and Sexual Offences Against Children. Oxford, UK: John Wiley and Sons. lain, C. (2001). Incest, paedophilia, pornography and prostitution: Making familial males more visible as the abusers. Child Abuse Review, 10, 35 48. Laws, D. It & Marshall, W. L. (1990). A conditioning theory of the etiology and maintenance of deviant sexual preference and behavior. In W. I.. Marshall, D. It Laws & H. E. Barbaree (Eds.), Handbook of Sexual Assault: Issues, Theories, and Treatment of the Offender (pp. 209 230). New York, NY: Plenum Press. Leberg, E. (1997). Understanding Child 24olesten: Taking Charge. Thousand Oaks, CA: Sage Publications, Inc. Marshall, W. L. & Barbaree, H. E. (1990). An integrated theory of the etiology of sexual offending. In W. L Marshall,
+- D. FL Laws & H. E. Barbaree (Eds.), Handbook of Sexual Assauh: Issues, Theories, and Treatment of the Offender. New York: Plenum Press. Marshall, W. L., Anderson, D. & Champagne, F. (1997). Self-esteem and its relationship to sexual offending. Psychology. Crime and Law, 3, 161 186. Marshall, W. L., Hamilton, K. & Fernandez, Y. (2001). Empathy deficits and cognitive distortions in child molesters. Sexual Abuse: Journal of Research and Treatment, 13, 123 130. Marshall, W. L, Hudson, S. M., Jones, It & Fernandez, Y. M. (1995). Empathy in sex offenders. Clinical Psychology Review, 15, 99 113. Morrison, T., Emoga, M. & Beckett, R. C. (1994). Sexual Offending Against Children: Assessment and Treatment of Maks. London: Routiedge. O'Connell, It (2003). A Typology of Child Cybenexploitation and Online Grooming Practices. Available at: hnp:// www.safer-internetnet/clownloadsrUCLAN report release.pdf (accessed September 2003). Pickett, C. L., Gardner, W. L & Knowles, M. (2004). Getting a cue: The need to belong and enhanced sensitivity to social cues. Personality and Social Psychology Bulletin, 30, 1095 1107. Prochaska, J. O. & DiClemente, C. C. (1982). Tkanstheoretical therapy: Toward a more integrative model of change. Psychotherapy: Theory. Research and Practice, 19, 276 288. Sampson, A. (1994). Acts of Abuse: Sex Offenders and the Criminal Justice System. London: Roudedge. Sanford, L. T. (1982). The Silent Children: A Parent's Guide to the Prevention of Child Sexual Abuse: McGraw-Hill.
+
+Stop it Now (2003). What we all need to know to protect our children. Available at: http://www.stopimow.org.uk/ Stop%2002.pdf (accessed December 2003). van Dam, C. (2001). !denting Child Molesters: Preventing Child Sexual Abuse by Recognizing the Patterns of the Offenders. Binghamton, NY: Haworth Maltreatment and Trauma PressrThe Haworth Press, Inc. Ward, T. (2001). A critique of Hall and Hirschman's quadripartite model of child sexual abuse. Psychology, Public Policy, and LOU', 7, 333 350. Ward, T. (2002). Marshall and Barbaree's integrated theory of child sexual abuse: A critique. Psychology, Crisne and Law, 8, 209 228. Ward, T. & Hudson, S. M. (2000). Sexual offenders' implicit planning: A conceptual model. Sexual Abuse: Journal of Research and Treatment, 12, 189 202. Ward, T & Hudson, S. M. (2001). Firdtelhor's precondition model of child sexual abuse: A critique. Psychology, Crime and Lam, 7, 291 307. Ward, T., Hudson, S. M. & Marshall, W. L (1995). Cognitive distortions and affective deficits in sex offenders: A cognitive deconstruaionist interpretation. Sexual Abuse: Journal of Research and Treatment, 7, 67 83. Ward, T. & Keenan, t (1999). Child molesters' implicit theories. journal of Interpersonal Vioknee, 14, 821 838. Ward, T., Louden, K., Hudson, S. M. & Marshall, W. L (1995). A descriptive model of the offense chain for child molesters. Journal of Interpersonal lloknee, 10, 452 472. Ward, T & Siegert, R. (2002). Toward a comprehensive theory of child sexual abuse: A theory knitting perspective. Aycholobt Crime and Lam, 8, 319 351. Warner, S. (2000). Understanding Child Sexual Abuse: Making the Tactic Possible. Gloucester: Handsell. Wilson, It J. (1999). Emotional congruence in sexual offenders against children. Sexual Abuse: Journal of Research and Treatment, 11 33 48. Wolf, S. (1985). A multi-factor model of deviant sexuality. Victimology: An finer national Journal, 10, 359 374.
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+#### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
+
+UNITED STATES OF AMERICA
+
+S2 20 Cr. 330 (AJN)
+
+GHISLAINE MAXWELL,
+
+Defendant.
+
+#### THE GOVERNMENT'S OMNIBUS MEMORANDUM IN OPPOSITION TO THE DEFENDANT'S MOTIONS IN LIMINE
+
+DAMIAN WILLIAMS United States Attorney for the Southern District of New York One St. Andrew's Plaza New York, New York 10007
+
+
+
+Assistant United States Attorneys Of Counsel
+
+# Table of Contents
+
+| ARGUMENT A. B. A. B. | PRELIMINARY STATEMENT I. The Court Should Admit the Testimony of Dr. Applicable Law Discussion 1. Dr. )pinions 2. Dr. Abuse is Admissible 3. Dr. MI.Opinion 4. Dr. 5. Dr. Opinion on Delayed Disclosure is Admissible B. The Evidence Contained in the Government's October 11, 2021 Letter is Admissible Applicable Law Discussion I. | 1 4 4 5 9 on Coercion and Attachment are Admissible 10 Opinion on the Relationship Between Trust and Victim Awareness of Their 22 on the Long-Term Consequences of Abuse is Admissible 23 Opinion About the Significance of the Presence of Third Parties is Admissible 25 27 32 33 35 The Evidence is Admissible As Direct Evidence, or in the Alternative, Under Rule 404(b) 35 |
+|----------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| 2. | The Government Has Met and Exceeded Its Notice Obligations | 39 |
+| III. The Testimony of Minor Victim-3 is Admissible | | 41 |
+| A. | Background | 41 |
+| B. | Applicable Law | 44 |
+| C. | Discussion | 45 |
+| IV. There is No Basis to Preclude Co-Conspirator Statements at Trial | | 54 |
+| A. | Background | 55 |
+| B. | Discussion | 58 |
+
+| | V. There is No Basis to Suppress Minor Victim-4's Identification of the Defendant | 63 |
+|-------|--------------------------------------------------------------------------------------------|----|
+| A. | Background | 63 |
+| B. | Applicable Law | 65 |
+| C. | Discussion | 67 |
+| | VI. The Court Should Deny the Defense Motions to Preclude the Government's Exhibits | 71 |
+| A. | Applicable Law | 71 |
+| B. | Discussion | 72 |
+| | VII. There is No Basis to Preclude Discussion of "Victims" or Rape | 76 |
+| A. | References to Victims | 76 |
+| B. | Evidence of Rape | 79 |
+| VIII. | The Remaining Defense Motions are Aimed at Evidence the Government Does Not Plan to Elicit | |
+| | CONCLUSION | 83 |
+
+#### PRELIMINARY STATEMENT
+
+The Government respectfully submits this memorandum in opposition to the defendant's thirteen motions in limine, dated October 18, 2021. For the reasons that follow, the defendant's motions should be denied.
+
+First, the Government has given notice of a qualified expert who will provide reliable and relevant opinions, as required by Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). (See Def. Mot. 3). Second, evidence relating to Minor Victim-3 is admissible both as direct evidence of the charged crimes, and admissible in the alternative under Rule 404(b). (See Def. Mot. 4). Third, the Government has provided adequate notice pursuant to Rule 404(b), and in any event, all evidence for which it has provided such notice is also admissible as direct evidence of the charged crimes. (See Def. Mot. 2). Fourth, there is no basis to preclude the introduction of co-conspirator statements under Fed. R. Evid. 801(dX2)(E). (See Def. Mot. 1). Fifth, Minor Victim-4's confirmatory identification of the defendant was not unduly suggestive, and it should not be suppressed. (See Def. Mot. 9). Sixth, the Government's various exhibits are relevant, and the Government will authenticate them at trial. (See Def. Mots. 7, 8, 13). Seventh, it is entirely proper for the word "victim" and for discussion of rape to be used in a trial about the sexual exploitation of minor victims. (See Def. Mots. 11, 12). Eighth, and finally, the Government does not intend to offer evidence of the defendant's flight, her false exculpatory statements, or law enforcement expert testimony in its case in chief, unless the defendant opens the door or otherwise puts this evidence in issue. (See Def. Mots. 5, 6, 10).
+
+#### ARGUMENT
+
+#### I. The Court Should Admit the Testimony of Dr.
+
+The Government intends to call Dr. as an expert witness. Dr. n the President-Elect of the Division of Trauma Psychology at the American Psychological Association. She is currently a clinical instructor at the Alpert Medical School of Brown University, and she has practiced psychology for approximately 25 years, specializing in treating patients with trauma, including sexual trauma in childhood and adolescence. Dr. has treated hundreds of victims of trauma, including many victims of child sexual abuse, and she has written, presented, and taught about the assessment and treatment of trauma. She has also received continuing education on trauma and the treatment of trauma in a clinical setting. (See generally Curriculum Vitae, Def. Mot. 3 Ex. 2).
+
+On April 23, 2021, the Government timely notified the defendant of its intent to call Dr. n its case-in-chief. As the notice explains, Dr. is expected to testify, based on her relevant education, training, experience, and research, and offer the following opinions:
+
+> Individuals with particular vulnerabilities are often targeted by perpetrators of sexual abuse. Sexual abuse of minors frequently occurs through the use of manipulation or coercion in the context of an established relationship that is developed over time, rather than through the use of forcible rape. Minor victims are often subject to a strategic pattern of behaviors, often called grooming, that can take a variety of forms and function to render the victims vulnerable to abuse, to obscure the nature of the abuse, and to build trust and attachment with their abuser. The relationship of trust and attachment can prevent victims from being aware that what they are experiencing is abuse and can prevent disclosure. Minor victims therefore may not identify themselves as victims of abuse while it is ongoing, and may not recognize the consequences of that abuse until adulthood. Repeated exploitation and abuse can increase the likelihood of victimization later in life and can result in long-term
+
+traumatic and psychological consequences, especially when it occurs in the context of complex trauma. The presence of other individuals can facilitate the sexual abuse of minors. Dr. is also expected to testify that nondisclosure, incremental Ise osure, and secrecy are common among victims of sexual abuse for a variety of reasons, and that memory and disclosure of traumatic or abusive events is impacted by a number of factors, including the circumstances surrounding the trauma.
+
+(Expert Notice, Def. Mot. 3 Ex. 1 at 2). As the notice also explained, Dr. has not evaluated any of the victims in this case, and the Government does not currently intend to offer Dr. testimony regarding any specific victim. (See id.).
+
+There is nothing controversial about this testimony. It is well supported by established scientific principles, and it is the kind of testimony frequently admitted in cases involving sexual abuse. This Court should do the same.
+
+### A. Applicable Law
+
+District courts have a "gatekeeper function" in analyzing the admissibility of expert testimony. Phelps v. CBS Corp., No. 17 Civ. 8361 (AJN), 2020 WL 7028954, at \*3 (S.D.N.Y. Nov. 30, 2020) (quoting Restivo v. Hessemann, 846 F.3d 547, 575 (2d Cir. 2017)). Although the proponent of the evidence carries a burden of proof to establish its admissibility by a preponderance of the evidence, see, e.g., United States v. Jones, 965 F.3d 149, 161 (2d Cir. 2020), courts apply a "presumption of admissibility of evidence." Felix v. City of New York, No. 16 Civ. 5845 (AJN), 2020 WL 6048153, at \*6 (S.D.N.Y. Oct. 13, 2020) (quoting Borawick v. Shay, 68 F.3d 597, 610 (2d Cir. 1995)). Accordingly, the relevant rule of evidence, Rule 702, reflects "the `liberal thrust' of the Federal Rules and their `general approach of relaxing the traditional barriers to `opinion' testimony.'" Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 588 (1993) (quoting Beech Aircraft Corp. v. Rainey, 488 U.S. 153, 169 (1988)).
+
+Under Daubers, a district court must first determine whether an expert is qualified. See Fed. R. Evid. 702 ("A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise ...."); United States v. Kidd, 385 F. Supp. 3d 259, 263 (S.D.N.Y. 2019) ("At the first step of the Dauber! inquiry, courts are instructed to consider the expert's qualifications."). Courts then must determine whether the testimony "will be not only relevant, but reliable." United States v. Romano, 794 F.3d 317, 330 (2d Cir. 2015); see Dauber!, 509 U.S. at 597 (explaining that courts must ensure "that an expert's testimony both rests on a reliable foundation and is relevant to the task at hand"). On reliability, Rule 702 identifies three "indicia of reliability": (1) "that the testimony is grounded on sufficient facts or data; (2) that the testimony is the product of reliable principles and methods; and (3) that the witness has applied the principles and methods reliably to the facts of the case." United States v. Williams, 506 F.3d 151, 160 (2d Cir. 2007) (quoting Amorgianos v. Nat'l R.R. Passenger Corp., 303 F.3d 256, 265 (2d Cir. 2002)). "[T]hese criteria," however, "are not exhaustive." Id. Daubert itself, which "dealt with a scientific theory," offered additional factors, such as whether the theory "'has been subjected to peer review and publication,"' and the "'known or potential rate of error."' Romano, 794 F.3d at 330 (quoting Daubers, 509 U.S. at 593-94). And "there are many different kinds of experts, and many different kinds of expertise." Kumho Tire Co. v. Carmichael, 526 U.S. 137, 150 (1999). "[W]hether the specific expert testimony focuses upon specialized observations, the specialized translation of those observations into theory, a specialized theory itself, or the application of such a theory in a
+
+particular case, the expert's testimony will often rest upon an experience confessedly foreign in kind to the jury's own." Id. at 149 (alterations and internal quotation marks omitted); see United States v. Felder, 993 F.3d 57, 71-72 (2d Cir. 2021) ("Such specialized knowledge can be grounded in scientific or other particularized training, but it can also derive from personal observations or experience, see id., so long as those observations or experience are outside the ken of the average person." (internal quotation marks and citations omitted)); Fed. R. Evid. 702, Advisory Committee's Note (2000) (explaining that expert testimony may be based on "experience alone—or experience in conjunction with other knowledge, skill, training or education").
+
+The key question is whether "an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field." Kumho Tire, 526 U.S. at 152; see Williams, 506 F.3d at 160 (explaining that the Daubers test is "flexible"). In particular, if an expert's testimony is within "the range where the experts might reasonably differ," the jury, not the trial court, should be the one to decide among the conflicting views of different experts. Kumho Tire, 526 U.S. at 153. So long as the testimony is not "speculative or conjectural or based on assumptions that are so unrealistic and contradictory as to suggest bad faith or to be in essence an apples and oranges comparison . . . any other contentions that the assumptions are unfounded go to the weight, not the admissibility of the testimony." Phelps, 2020 WL 7028954, at \*3 (citations and internal quotation marks omitted). Thus, 'the rejection of expert testimony is the exception rather than the rule.'" Floyd v. City of New York, 861 F. Supp. 2d 274, 287 (S.D.N.Y. 2012) (citing Fed. R. Evid. 702 Advisory Committee's Notes (2000 Amendments)).
+
+"[T]he law grants a district court the same broad latitude when it decides how to determine reliability as it enjoys in respect to its ultimate reliability determination." Kumho Tire, 526 U.S. at 142 (emphasis in original); see United States v. Requena, 980 F.3d 30, 47 (2d Cir. 2020). Thus a district court may properly exercise its gatekeeping function without the "formality of a separate hearing[.]" Williams, 506 F.3d at 161; see also United States v. Barnes, 411 F. App'x 365, 370 (2d Cir. 2011) (summary order). "This is particularly true if, at the time that the expert testimony is presented to the jury, a sufficient basis for allowing the testimony is on the record." Williams, 506 F.3d at 161 (citing 4 Weinstein's Federal Evidence § 702.02 [2] (2d ed. 2006)).
+
+Finally, even if the expert testimony is reliable, it must also be relevant. See, e.g., United States v. Torres, No. 20 Cr. 608 (DLC), 2021 WL 1947503, at \*6 (S.D.N.Y. May 13, 2021). In this context, the testimony must "concern matters that the average juror is not capable of understanding on his or her own." United States v. Mejia, 545 F.3d 179, 194 (2d Cir. 2008); see Faulkner v. Arista Records LLC, 46 F. Sup. 3d 365, 375 (S.D.N.Y. 2014) ("Weighing whether the expert testimony assists the trier of fact goes primarily to relevance.").
+
+Courts have frequently admitted expert testimony on the psychological relationship between perpetrators and victims of sex crimes. For instance, in United States v. Kidd, 385 F. Supp. 3d 259 (S.D.N.Y. 2019), the Government gave notice of expert testimony on "the psychology of the pimp-prostitute relationship," including concepts such as "trauma bonding." Id. at 263. The defendant interposed a Daubert challenge, arguing that the expert's testimony was not based on "studies or empirical data" and so could not "be assessed for reliability." Id. (internal
+
+quotation marks omitted). The district court rejected that argument, explaining that "case law quite commonly upholds this type of testimony against Daubert challenges," and that the expert's experience writing about, treating, and speaking to prostitutes was sufficiently reliable. Id. at 263- 64; see also, e.g., Letter, United States v. Kelly, No. 19 Cr. 286 (AMD) (E.D.N.Y. July 23, 2021) (Dkt. No. 134); United States v. Torres, No. 20 Cr. 608 (DLC), 2021 WL 1947503, at •6 (S.D.N.Y. May 13, 2021) (permitting expert testimony on "domestic abuse and coercive control"); Feb. 25, 2020 Tr. at 24:1-40:15, United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y.), Dkt. No. 335 (permitting expert testimony on "R]rauma and coercive control in the context of sex trafficking, including the psychological relationship between pimps and the women prostituted by them"); Notice and Oct. 17, 2019 Tr. at 27:1-12, United States v. Dupigny, No. 18 Cr. 528 (JMF) (S.D.N.Y.), Dkt. Nos. 180-1, 198 (permitting expert testimony on "the psychological relationship between a pimp and the woman prostituted by him" and "why prostituted women do not leave their pimp").
+
+# B. Discussion
+
+The defendant does not contest that Dr. is a qualified expert. Nor could she: Dr. is a leader in her field, teaching others as a professor at Brown University, and she has approximately twenty-five years of clinical experience. She is testifying in general about core concepts in her field, based on her "extensive study of the relevant data and literature and her clinical experience treating hundreds of trauma and abuse patients over the past twenty years."
+
+United States v. Raniere, No. 18 Cr. 204 (NGG), 2019 WL 2212639, at \*7 (E.D.N.Y. May 22, 2019).
+
+Instead, the defendant suggests that Dr. opinions are unreliable, irrelevant, or prejudicial. To the contrary, and as explained in greater detail below, each of the Dr. five challenged opinions is well supported and would aid the jury in understanding the evidence at trial. The Court should permit Dr. a testify.
+
+#### Ama 1. Dr. pOpinions on Coercion and Attachment are Admissible a. e
+
+As described in the expert notice, Dr. will testify about the role that trust and attachment play in relationships between a victim and an abuser:
+
+> Sexual abuse of minors frequently occurs through the use of manipulation or coercion in the context of an established relationship that is developed over time, rather than through the use of forcible rape. Minor victims are often subject to a strategic pattern of behaviors, often called grooming, that can take a variety of forms and function to render the victims vulnerable to abuse, to obscure the nature of the abuse, and to build trust and attachment with their abuser. The relationship of trust and attachment can prevent victims from being aware that what they are experiencing is abuse and can prevent disclosure.
+
+(Expert Notice, Def. Mot. 3 Ex. 1 at 2). Dr. will opine that victims are often abused in the context of a coercive and manipulative relationship which develops over time through the building of victims' trust and attachment. One aspect of this relationship is "often called grooming." (Def. Mot. 3 Ex. 1 at 2). However, the concepts of attachment and coercion go beyond grooming, and encompass both the trust-building aspect of the relationship and the ways in which
+
+that bonds victims to their abusers and prevents victims from disclosing that they have been abused.'
+
+These opinions stem in part from Dr. personal familiarity and experience treating victims of sexual abuse for decades. She is trained in trauma psychology, she has expertise in treating victims of sexual abuse who have been subject to this pattern of behavior, and she teaches residents about trauma psychology. Cl Bosco v. United States, No. 14 Civ. 3525 (JFK), 2016 WL 5376205, at \*11 (S.D.N.Y. Sept. 26, 2016) (expert testimony about "common knowledge among urologists" require the expert to "draw upon the defining characteristics that make him a member of that community: his training as a urological surgeon, his practical experience performing several hundred ureteroscopies, and his knowledge as a clinical instructor of surgery").
+
+These opinions also stem from the relevant literature. This pattern of coercive attachment is not a novel or outlier concept in the literature of trauma psychology. For instance, attached as Exhibit A are some of the articles that have been provided by Dr. and inform her testimony. See Dietz, "Grooming and Seduction," 33 J. of Interpersonal Violence 28, 34 (2018)
+
+The concepts of attachment and grooming encompass a variety of established techniques, including: (1) the use of attention, love, and affection; (2) using bribery and gift giving; (3) sexual desensitization—that is, talking to children about sex and engaging in touching; (4) isolating the victim; and (5) engaging in emotional manipulation. Grooming efforts can also extend to "grooming the environment." Craven et al., "Sexual grooming of children: Review of literature and theoretical considerations," 3 J. of Sexual Aggression 287, 292-93 (2006) ("Some offenders groom the environment by targeting single-parent families to gain [a position of trust].] Offenders may do this because they believe that these children are more vulnerable and because they believe it will be easier to create opportunities to be alone with the child. Alternatively, offenders may target children or young people who have absent parents, and hence have less protection." (citation omitted)).
+
+("Since its introduction to the peer-reviewed professional literature in 1984, the term `grooming' has become so widely adopted that it will remain in widespread use for decades to come."); Bennett & O'Donohue, "The Construct of Grooming in Child Sexual Abuse: Conceptual and Measurement Issues," 23 J. Child Sexual Abuse 957, 964-68 (2014) (reviewing the literature on the prevalence of various grooming techniques); Craven et al., "Sexual grooming of children: Review of literature and theoretical considerations," 3 J. of Sexual Aggression 287, 292-93 (2006) ("[R]etrospective identification of sexual grooming, i.e. after a sexual offence has been committed, is much easier than prospective identification, i.e. before a sexual offence"). To be clear, however, her review of the literature—and therefore the basis of her testimony—extends beyond these articles.
+
+Accordingly, Dr. came to her opinions through her clinical experience on this specific issue, as informed by her education and study of the relevant literature. That is a sufficient demonstration of "how the expert came to [her] conclusion and what methodologies or evidence substantiate that conclusion." Riegel v. Medtronic Inc., 451 F.3d 104, 127 (2d Cir. 2006); see Feb. 25, 2020 Tr. at 24:1-40:15, United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y.), Dkt. No. 335 (rejecting the notion that "the many studies that have validated trauma bonding and coercive controls as established phenomena are unreliable for want of laboratory-like statistical vetting"); Oct. 17, 2019 Tr. at 27:1-12, United States v. Dupigny, No. 18 Cr. 528 (JMF) (S.D.N.Y.), Dkt. Nos. 180-1, 198 (explaining that "the basis for the testimony—namely, the witness's training and experience—is not such that it would be subject to exclusion on the grounds that it's not based on some sort of empirical scientific testing," and that "those arguments go to the weight, not the admissibility, of her proposed testimony").
+
+As noted above, courts have frequently admitted testimony about the psychological relationship between victims of sexual abuse and their perpetrators. See supra pp. 7-8. Courts have also specifically authorized expert testimony on the subject of grooming. See, e.g., United States v. Telles, 6 F.4th 1086, 1097-1098 (9th Cir. 2021) (holding that admission of expert testimony on grooming did not violate Federal Rules of Evidence 702 or 403 nor violate due process and finding that the expert 'merely gave a straightforward account of relevant background information based on [the expert's] own knowledge and experience' (quoting United States v. Johnson, 860 F.3d 1133, 1141 (8th Cir. 2017)); United States v. Halamek, 5 F.4th 1081, 1087-89 (9th Cir. 2021) (holding that expert testimony on grooming was "relevant, reliable, and properly admitted"); United States v. Isabella, 918 F.3d 816, 833 n.15 (10th Cir. 2019) ("Grooming can be established by use of an expert witness who testifies about psychological tactics that are common in cases of child sex abuse."); United States v. Hitt, 473 F.3d 146, 158 (5th Cir. 2006) (affirming expert testimony on the "grooming process"); Morris v. State, 361 S.W.3d 649, 656-69 (Tx. Ct. Crim. App. 2011) (collecting cases showing that "grooming evidence has been received by courts from numerous types of experts"); see also United States v. Brand, 467 F.3d 179, 203 (2d Cir. 2006), abrogated on other grounds by United States v. Cabrera, 13 F.4th 140 (2d Cir. 2021) (noting that evidence of grooming supported the jury's verdict).
+
+Against this weight of authority, the defendant relies principally on one case from the District of Maine. United States v. Raymond, 700 F. Supp. 2d 142 (D. Me. 2010). The proposed testimony in this case is readily distinguishable from that in Raymond. There, the government gave notice of expert testimony about the "behavior of child molesters" from a veteran FBI agent who had reviewed case studies of child abuse and had written one book and one article. Id. at 143, 145, 147. The purported expert's book, in turn, merely made assertions about the "profile" of child molesters, with no information about how his experiences reliably led to his conclusions. Id. at 147-48. In the same breath, however, the book "disavow[ed] [its] reliability ... for legal use," and his article similarly offered generalized views on what "many" offenders were "more likely or less likely to do." Id. at 148 (emphasis omitted). Accordingly, at bottom, the purported expert's testimony was based only on his subjective conclusions after reviewing case studies. See id. at 147 n.5 (explaining that the expert "troubling[ly]" wrote that "data is not the plural of anecdote," but "the information and opinions are based primarily on the totality of my acquired knowledge and expertise").
+
+The situation here is quite different. Dr. conclusions are not anecdotal; they are grounded in the academic literature and her formal and informal education. Moreover, she will be testifying about concepts she regularly employs as a practicing clinician. Again, the defense does not contest that Dr. is qualified to be an expert on this subject. And Dr. opinions are not an attempt to offer a "profile" of perpetrators of child sexual abuse or their activities. Instead, Dr. will testify about the psychological underpinnings of an
+
+established pattern of victimization—attachment and coercion—experienced by victims of sexual abuse.
+
+The defense would read Raymond to stand for the proposition that expert testimony is unreliable if it does not explain "what testing was involved, what data she considered, or how her conclusions can be verified." (Def. Mot. 3 at 8). For instance, the defense criticizes Dr. for opining that sexual abuse of minors occurs "frequently," without specifying whether it occurs "half the time" or "two-thirds of the time." (Id. at 7; see id. at 8 (quoting Raymond, 700 F. Supp. 2d at 148-49)). That is not what is required by Daubert in the context of qualitative social science, and it is not what many courts have held in the context of precisely this form of testimony, as explained above. To the extent Raymond stands for such a broad proposition, it is contrary to the law of this Circuit. See United States v. Joseph, 542 F.3d 13, 21-22 (2d Cir. 2008), abrogated on other grounds as recognized by United States v. Ferguson, 676 F.3d 260, 276 n.14 (2d Cir. 2011) (recognizing that social science research "cannot have the exactness of hard science methodologies, and expert testimony need not be based on statistical analysis in order to be probative" (citation and internal quotation marks omitted)).2
+
+The defendant's remaining critiques of Dr. opinion miss the mark. First, the defendant asserts that Dr. patients are uncorroborated, and she "simply assumes her
+
+2 Even in Raymond, the Court left open the possibility that the Government could call the expert in rebuttal to "counter a defense case that victim testimony in this case should not be believed because the victim delayed in reporting the abuse or did not report it consistently." 700 F. Supp. 2d at 156. Even were the Court inclined to follow Raymond rather than the cases in this District, it should similarly revisit permitting Dr. to testify about the opinion at issue if the defense attacks victim credibility.
+
+patients are telling the truth." (Def. Mot. 3 at 6). The defendant claims that this "fatally undermines the reliability of her opinion" because her conclusion has "no known or identified rate of error . . . nor is there a reliable method or a series of factors guiding 1= conclusion as to whether an individual victim is fabricating her abuse." (Id. (alterations and quotation marks omitted)). Clinical psychologists are not so credulous. As part of Dr. work as a practicing clinician, she examines consistencies and inconsistencies in the information provided by patients and assesses patient self-reporting in the context of literature and knowledge that she has developed in her years of practice. As the Government's expert notice makes clear, Dr. has treated hundreds and hundreds of patients in her decades of experience, and her opinions are based in part on the significant patterns she has observed among the patients she has treated. The Court should reject the defendant's speculative claim that Dr. has been misled by hundreds of patients who sought professional treatment for traumatic events that did not occur.
+
+In any event, the defendant's argument about error rates misunderstands the nature of a Dauber! inquiry. An error rate is but one of the Dauber! factors that may or may not be applicable in every case. See Romano, 794 F.3d at 330. And in cases such as this, where a social science expert is testifying based on qualitative methodology, that factor is inapplicable. See Torres, 2021 WL 1947503, at \*6 n.8. As the Second Circuit has explained, "Peer review, publication, potential error rate, etc. . . . are not applicable to this kind of testimony, whose reliability depends heavily on the knowledge and experience of the expert, rather than the methodology or theory behind it. In such cases, the place to quibble with [an expert's] academic training is on cross-examination . . . ." Joseph, 542 F.3d at 21-22 (first and second alterations in original) (citations and internal quotation marks omitted).
+
+That point is particularly true in sex trafficking cases. As Judge Engelmayer explained when evaluating the testimony of a similar expert in a sex trafficking case, analyzing error rates is an "unusually poor fit" in this area:
+
+> [S]tudying the circumstances and psychological drivers of trafficked women is not like studying diseases or potential cures in laboratory animals. . . . Given the necessarily retrospective nature of such a study, given the small size of the populations under review, and given the inherently individualized circumstances presented by different perpetrators, victims, and contexts in this tumultuous and emotionally fraught area of criminal conduct, the vocabulary of error rates . . . is an unusually poor fit.... The testing that has been done as to trauma bonding and coercive control, instead, necessarily uses more qualitative research methodologies. These involve interviews and case studies and clinical examinations conducted over time."
+
+Feb. 25, 2020 Tr. at 29:4-30:20, United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y.), Dkt. No. 335. Because statistical rigor is not a useful method for evaluating the reliability of qualitative research like Dr. statistical tools like error rates are irrelevant to the Daubert analysis.
+
+Contrary to the defendant's next claim, these opinions are not "impregnable for purposes of cross examination." (Def. Mot. 3 at 7 (citation and internal quotation marks omitted)). The defendant is free to cross Dr. on how frequently she sees grooming in her patients and how she evaluates whether they are telling the truth. The defendant is also free to explore, in cross examination, the difficulties in assessing whether a patient has been groomed. The defense can also make arguments—in cross examination and in jury addresses—about the lack of quantitative rigor in this qualitative area of science. That is the point: it is for the jury, after hearing the
+
+evidence, to evaluate what weight to give it. But that does not change whether Dr. opinions are squarely within the mainstream of psychological practice.
+
+The defendant next argues that Dr. patients are "self-selected," and she has not established the "representativeness of her patients as typical victims of so-called grooming behavior." (Def. Mot. 3 at 7). But the defendant makes no argument that the minor victims in this case are distinctive in some way such that general principles of psychology may diverge as to them. And in any event, that argument is for the jury to evaluate, and not a basis to preclude Dr. testimony. See Feb. 25, 2020 Tr. at 36:13-37:5, United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y.), Dkt. No. 335 (rejecting a defense attempt to distinguish between native-born and domestic-born women because, "while a court is to be a gatekeeper as to reliability so as to keep `junk science' away from juries, the Court must not overstep that role. Whether or not the Court would be persuaded that adult native-born women can be subject to trauma bonding, the Court is not to arrogate to itself that judgment.")
+
+Finally, the defendant argues that Dr. has no experience treating perpetrators of sexual assault, so she cannot testify as to the psychology of perpetrators and their "so-called `grooming' techniques." (Def. Mot. 3 at 7-8). Many of the opinions the defendant challenges concern the experiences of victims, not perpetrators. Dr. will testify about the pattern to which "minor victims are often subject," which makes "victims vulnerable to abuse," and builds their "trust and attachment with their abuser." (Expert Notice, Def. Mot. 3 Ex. 1 at 2 (emphasis added)). Grooming creates in the victims "a relationship of trust and attachment" that "can prevent victims from being aware that what they are experiencing is abuse and can prevent disclosure. (Id.
+
+(emphasis added)). Dr. testimony will also include discussion of techniques used by perpetrators. Dr. Rocchio's testimony regarding such techniques is supported by Dr. review of the relevant literature, see Exhibit A, and through her clinical work. By virtue of her experience treating victims, Dr. is necessarily informed about perpetrators' actions. See Halamek, 5 F.4th at 1088 ("Extensive experience interviewing victims can qualify a person to testify about the relationships those victims tend to have with their abusers."). Dr. will testify squarely within her expertise and experience.'
+
+### b. Relevance and Rule 403
+
+Dr. opinions will assist the trier of fact in understanding the evidence at trial. This case concerns an "unusual area of human interaction." See Feb. 25, 2020 Tr. at 39:8-9, United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y.), Dkt. No. 335. The Minor Victims in this case were trafficked over many years, and none were physically restrained. An average juror, with no experience with sexual abuse victims, may not understand why the Minor Victims continued to
+
+3 In United States v. Raniere, No. 18 Cr. 204 (NGG), 2019 WL 2212639 (E.D.N.Y. May 22, 2019), Judge Garaufis questioned whether an expert on grooming with experience focused on victims may have been able to testify reliably about how "perpetrators often use 'grooming' techniques on adult and child victims . . ." Id. at \*7. Even then, he did not exclude the testimony—he simply ordered a Daubert hearing. Id. at \*8. The Government ultimately declined to proceed with that testimony rather than conduct a mid-trial Daubert hearing. Here, and as noted above, Dr. proposed testimony concerns the experience of manipulated and coerced victims, rather than the intentions of perpetrators.
+
+return to Epstein's home for sexual abuse, or why some occasionally expressed affection for the defendant and Epstein.
+
+Although Dr. will not testify about these specific Minor Victims, her testimony will help the jurors understand the "psychological dynamic often seen in abusive relationships that leads an abuse victim to behave in counterintuitive ways, such as by declining to take opportunities to leave an abusive situation or by expressing gratitude to an abuser." Torres, 2021 WL 1947503, at \*7. This psychological dynamic between a victim of child sexual abuse and her abusers is "beyond the knowledge of the average juror and would or could plainly be helpful in understanding the psychological dynamics at play." Oct. 17, 2019 Tr. at 27:3-7, United States v. Dupigny, No. 18 Cr. 528 (JMF) (S.D.N.Y.), Dkt. No. 198; cf. See Feb. 25, 2020 Tr. at 38:13-20, United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y.), Dkt. No. 335 ("[B]y and large the relationship between prostitutes and pimps is not the subject of common knowledge. Jurors are not apt to intuitively understand the mechanisms that may lead a woman who is not physically restrained or confined to heed the demands of a pimp to traffic herself."). Accordingly, Dr. testimony will help the jury understand and contextualize the other testimony it will hear.'
+
+The defendant expresses concern that a lay jury will be unable to apply Dr. analyses to the facts of this case, stating "[t]hat is not how Rule 702 works." (Def. Mot. at 10).
+
+Relying again on Raymond, the District of Maine case, the defendant argues that expert testimony about "general principles is helpful only when it `describes widely recognized and highly predictable and verifiable phenomena.' (Def. Mot. 10 (quoting Raymond, 700 F. Supp. 2d at 150 n.12 (alterations omitted)). That proposition comes from footnote 12 of Raymond, which attempted to distinguish that expert's "profile" testimony from the Federal Rules Advisory Committee's observation that the 2000 amendment "does not alter the venerable practice of using
+
+That is precisely how Rule 702 works in cases where experts testify about general principles, which the Rule contemplates. See Fed. R. Evid. 702 Advisory Committee note ("[I]t might also be important in some cases for an expert to educate the factfinder about general principles, without ever attempting to apply these principles to the specific facts of the case."). Dr. will provide reliable opinions about principles of coercion and attachment in abusive relationships that will help the jury understand the psychological factors underlying the relationships that the jury will learn about at trial.
+
+Finally, the defendant argues that the Court should preclude Dr. estimony under Rule 403. In so arguing, she expresses concern that Dr. testimony will "'radically simplify' an otherwise complex case" by "`foist[ing] a damning teleology on a series of actions each of which might have been motivated by a variety of ends or no ends at all."' (Def. Mot. at 11 (quoting United States v. Bunts, No. 07 Cr. 556, 2009 WL 3617448, at \*5 (N.D. Ill. Oct. 27, 2009)).5 There is nothing prejudicial or simple about Dr. testimony. The jury will not conclude that the defendant is guilty because Dr. explains that acts which "might have been motivated by a variety of ends" are sometimes part of the process of sexual abuse. Whether
+
+expert testimony to educate the factfinder on general principles." Raymond, 700 F. Supp. 2d at 150 n.12 (quoting Fed. R. Evid. 702 Advisory Committee note). The defendant cites no place containing this limitation in the text of the Rule, its advisory committee notes, Daubert, or the law of this Circuit or District. Nor does it make sense on its own terms: "how financial markets respond to corporate reports" or the "principles of thermodynamics" are sometimes highly predictable, but not always, depending on the context.
+
+5 Burns, a case about a district court's application at sentencing of a Guidelines enhancement, says nothing about whether the jury would be confused by learning about grooming.
+
+they were in this case will depend on the other evidence. That is not a prejudicial simplification that is the trial.
+
+There is nothing unreliable, irrelevant, or unusual about Dr. opinion on coercion and attachment. Drawing on her decades of clinical experience and her familiarity with the relevant literature, Dr. will give opinion testimony that will help the jury understand witness testimony. That is all Rule 702's gatekeeping requirements demand.
+
+#### 2. Dr. Opinion on the Relationship Between Trust and Victim Awareness of Their Abuse is Admissible
+
+At trial, the Government intends to offer Dr. testimony about how victims process their abuse and how that can prevent or delay disclosure. As the Government set forth in its expert notice, Dr. will testify that:
+
+> The relationship of trust and attachment can prevent victims from being aware that what they are experiencing is abuse and can prevent disclosure. Minor victims therefore may not identify themselves as victims of abuse while it is ongoing, and may not recognize the consequences of that abuse until adulthood.
+
+(Def. Mot. 3 Ex. 1 at 2). This opinion is part and parcel of Dr. other opinions about the relationship between attachment and coercion. Specifically, and as noted above, victims develop relationships of trust and attachment with their abusers that leave victims vulnerable to coercion. This opinion adds that, as part of this relationship, victims may not recognize that they are experiencing abuse and may not see themselves as victims while they are in this relationship, and therefore may not disclose their abuse or recognize the consequences of their abuse until later in life. As the defense correctly observes, this opinion is intertwined with Dr. opinions about coercion and attachment. (Def. Mo. 3 at 12). Just as those are reliable, so is this one.
+
+The defense argues that this opinion is outside Dr. expertise because she has "no experience treating alleged perpetrators," so "her view . .. is entirely one-sided." (Id.). As is clear from the above excerpt, her testimony is about largely about trust and attachment built in victims, and the resultant ways in which victims process abuse. But she is also an expert in the actions and techniques of perpetrators through her review of the literature and the lens of what she has learned through victims. This opinion is therefore squarely within Dr. expertise.
+
+Finally, the defendant argues that this testimony violates Rule 704, because it is an "opinion that the alleged victims in this case are testifying truthfully," and 403, because it "risks jurors accepting her `expert' opinion as gospel at the expense of their duty to evaluate the evidence." (Def. Mot. 3 at 13). Dr. as not evaluated the victims in this case and will not express an opinion as to whether they are testifying truthfully. And the defense motion is entirely unclear on the features of this expert opinion that create risk that the jurors would abdicate their responsibilities. To the contrary, the defense concerns underscore how relevant this opinion will be in aiding the jurors in understanding the testimony at trial.
+
+3. Dr. Opinion on the Long-Term Consequences of Abuse is Admissible Dr. will also testify that "[r]epeated exploitation and abuse can increase the likelihood of victimization later in life and can result in long-term traumatic and psychological consequences, especially when it occurs in the context of complex trauma." (Def. Mot. 3 Ex. 1 at 2). As Dr. nill explain, and as is detailed in her Jencks Act material', experiencing child
+
+6 The Government produced Dr. Jencks Act material to the defense at the time of the expert notice. (See Def. Mot. 2 ("The Government is producing notes from the Government's interviews with Dr. oday as well.")).
+
+sexual abuse can lead to a variety of psychological difficulties, including substance use and participation in risky sexual behavior. Complex trauma—trauma involving repetitive or prolonged exposure to or experiences of multiple traumatic stressors, involving harm or abandonment by trusted adults, and occurring at developmentally vulnerable times—can lead to various psychological consequences, including dysregulation in emotional control, difficulties in relationships or with behavioral control, and distorted perceptions of the self and others.
+
+This opinion is highly relevant. It is likely that jurors will not be intimately familiar with the consequences of child sexual abuse. Accordingly, the causal connection between these psychological problems and child sexual abuse is outside the experience of the average juror. Yet that information will aid the jury in two respects: First, it will help jurors assess the credibility of Minor Victims, to the extent they have had some of these psychological symptoms or had other difficulties described by Dr. in the years since their abuse. For instance, the Government expects the defense to attack the credibility of a Minor Victim by cross0-examining her about her substance abuse. Dr. testimony will provide the jury with a fuller picture by showing that substance abuse can be a consequence of sexual trauma. Second, experiencing certain psychological difficulties is consistent with past child sexual abuse and complex trauma. It is evidence that Minor Victims in fact experienced child sexual abuse that they suffered known consequences of such abuse. See Raniere, 2019 WL 2212639, at \*3, \*7 (admitting expert
+
+testimony that "sexual assault can result in severe, long-lasting and wide-ranging psychological consequences and related difficulties").
+
+The defendant argues that this evidence is nonetheless prejudicial because it will inflame the passions and emotions of the jury. (Def. Mot. 3 at 14). The Minor Victims, however, will be the ones testifying about the abuse they experienced and observed, and—whether on direct or cross—about the psychological consequences of their experiences. The question is only whether the jury will hear from an expert about the causal connection between those two concepts testimony about concepts not specifically applied to any victim, and testimony about a causal connection whose reliability the defense does not challenge. There is nothing inflammatory about this expert testimony, much less something sufficiently prejudicial to substantially outweigh the probative value of the testimony. See Fed. R. Evid. 403.
+
+#### 4. Dr. Opinion About the Significance of the Presence of Third Parties is Admissi
+
+As noted above, Dr. will opine that "[t]he presence of other individuals can facilitate the sexual abuse of minors." (Def. Mot. 3 Ex. 1 at 2). For instance, and as Dr. will explain, the presence of a third party can disarm an intended victim and make perpetrators appear safe and trustworthy, or can create a false sense of security on the part of a minor victim that sexualized situations are normal and acceptable. Based on her experience as a clinician, Dr. will testify that young children in particular often feel more comfortable in the presence of a woman.
+
+The defendant objects to this testimony on the grounds that it concerns a lay matter "which a jury is capable of understanding and deciding without the expert's help." (Def. Mot. 3 at 14 (citation and internal quotation marks omitted)). Dr. however, is not testifying about common experience or from common experience. Her testimony stems from her clinical experience, and it concerns the psychological experiences of victims when a third person is present during parts of their sexual abuse, as part of her broader opinion on attachment and coercion. The average juror will not have knowledge of or experience in the psychology of abuse victims, and Dr. estimony will aid their understanding.
+
+The defendant relatedly seeks to preclude Dr. from testifying about "groomingby-proxy," a term which appears nowhere in the Government's expert notice. (Def. Mot. 3 at 9). By that term, the defendant appears to argue that Dr. will opine that an individual can groom a victim for abuse by another perpetrator, and that such an opinion is unreliable and "prejudicial speculation." (Id.). This argument misses the mark in three respects. First, Dr. estimony primarily concerns the experience of victims, not perpetrators, as explained above. If the victim experienced attachment and grooming, it makes no analytical difference whether the perpetrator intends to engage in sexual contact with the victim or, instead, is preparing the victim for abuse by a third party. See Feb. 25, 2020 Tr. at 31:1-34:12, United States v. Randall, 19 Cr. 131 (PAE) (S.D.N.Y.), Dkt. No. 335 (explaining that, where there is a "reliable basis for testi[mony] about trauma bonding and coercive control as phenomena that exist more broadly," the expert may testify, and defendants "are at liberty to vigorously cross-examine [the expert] to attempt to cabin or limit trauma bonding and coercive control to populations predominately outside of the alleged victims in this case"). Indeed, expert testimony is commonly offered in sex trafficking cases on the pimp-prostitute relationship, which is specifically designed to permit the
+
+pimp to arrange sex acts for third parties. See, e.g., Kidd, 385 F. Supp. 3d at 263; Oct. 17, 2019 Tr. at 27:1-12, United States v. Dupigny, No. 18 Cr. 528 (JMF) (S.D.N.Y.), Dkt. No. 198. Second, in any event, the Government did not provide expert notice on "grooming by proxy." Dr. will give an opinion on grooming, and she will discuss how "[t]he presence of other individuals can facilitate the sexual abuse of minors." (Expert Notice, Def. Mot. 3 Ex. 1 at 2). The former is a reliable opinion, as explained above, and the defendant does not challenge the reliability of the latter opinion. (See Def. Mot. 3 at 14). Third, trial testimony will show that the defendant (I) in fact participated in sexual abuse of minors, (2) facilitated that abuse through her presence, and (3) conspired with a predator who groomed and sexually abused minors. None of that involves "grooming by proxy."
+
+# 5. Dr. )pinion on Delayed Disclosure is Admissible
+
+Finally, Dr. will offer the opinion that "nondisclosure, incremental disclosure, and secrecy are common among victims of sexual abuse for a variety of reasons, and that memory and disclosure of traumatic or abusive events is impacted by a number of factors, including the circumstances surrounding the trauma." (Def. Mot. 3 Ex. 1 at 2).
+
+Much of the basis for this opinion is set forth in Dr. Jencks Act material. For instance, extensive psychological literature supports the idea that individuals who are harmed as children may come to disclose their experiences incrementally or not until much later, as they may only realize that their experiences were abusive later in life, among other reasons. Selected articles from that literature are attached as Exhibit B. See Alaggia et al., "Facilitators and Barriers to Child Sexual Abuse (CSA) Disclosures: A Research Update (2000-2016)," 20 Trauma, Violence & Abuse 260, 276 (2016) ("Disclosure is now generally accepted as a complex and lifelong process,
+
+with current trends showing that CSA disclosures are too often delayed until adulthood"); McElvaney, "Disclosure of Child Sexual Abuse: Delays, Non-disclosure, and Partial Disclosure," 24 Child Abuse Rev. 159, 160 (2015) (There is consensus in the research literature that most people who experience sexual abuse in childhood do not disclose this abuse until adulthood, and when disclosure does occur in childhood, significant delays are common."); Bicanic et al., "Predictors of delayed disclosure of rape in female adolescents and young adults," 6 Euro. J. of Psychotraumatology 25883 (2015) (listing among the predictors of delayed disclosure "age category 12-17 years"). Children who do disclose may choose to share information with a peer, but are less likely to go to an adult. Especially where a child has been groomed, the perpetrator has become a trusted adult for a child, reducing the likelihood of the child's disclosure. Incremental disclosure depends on a variety of factors, including how safe the victim feels with the recipient of the disclosure, how voluntary the disclosure is, and psychological factors that may prevent the victim from accessing their full memories. Victims may also experience significant shame or self-blame that prevents them from sharing certain information, and they may still be attached to the perpetrators, such that they try to protect the perpetrators.
+
+Sexual abuse also impacts the way memory is encoded. In traumatic circumstances, often only the most salient details are encoded, and over time, specific details may be lost. With traumatic memory in particular, adrenaline and cortisol responses in the context of fear and trauma cause people to narrow their focus to the most salient and relevant details. If someone is abused multiple times or by multiple people, it is very common for memories of similar occurrences to jumble together, although the victim can remember the perpetrator and maybe some of the locations where the abuse occurred.
+
+Taken together, Dr. expert testimony explains why victims of child sexual abuse—and especially repeated sexual abuse—may disclose their abuse in a delayed and incremental fashion, and why their memories may lack some level of detail when the disclosure finally occurs.
+
+The defendant argues that testimony about delayed disclosure is unreliable, repeating some of the defendant's earlier arguments about whether the testimony is "based entirely on her treatment of a self-selected group of individuals she assumes are telling the truth" and how the opinion lacks an error rate. (Def. Mot. 3 at 15). Here, as with her opinions on attachment and coercion, Dr. is testifying based on her training, clinical experience, dnd the academic literature. See Exhibit B. That victims of childhood sexual abuse delay disclosure is a wellestablished phenomenon the fact of which—though not the underlying psychological explanation—is readily visible in the news. See also 2 Mod. Sci. Evid. § 19:15 (explaining that "a large literature over the years has demonstrated that individuals frequently fail to disclose autobiographical information in numerous different settings," including disclosure of "episodes of sexual abuse").
+
+Courts have specifically authorized experts to provide testimony on delayed disclosure. See, e.g., United States v. Gaudet, 933 F.3d 11, 15-16 (1st Cir. 2019) ("Moreover, the government provided expert testimony from Dr. Ann Burgess .. . in which she testified that delayed disclosures are `[v]ery common' in abuse victims and stem from the way the brain processes, stores, and recalls traumatic experiences" (second alteration in original)); Raniere, 2019 WL 2212639, at \*3, \*7 (admitting expert testimony that "disclosure by sexual assault victims often unfolds over time, and the process of disclosure is influenced by multiple and changing factors including, but not limited to, the specific characteristics of the experience, the victim's psychological vulnerabilities, the victim's relationship to her perpetrator and her pattern of recovery and coping"); United States v. Young, 623 F. App'x 863, 865-66 (9th Cir. 2015) ("[The expert] testified that . . delayed disclosures, piecemeal disclosures and/or even recanted disclosures are coping mechanisms. . . . [The expert]'s testimony was helpful and probative because [the defendant] had attacked the victims' credibility based on their delayed and incomplete reports of abuse." (citations and internal quotation marks omitted)); United States v. Belcher, 534 F.3d 820, 826 (8th Cir. 2008) ("In this case, Dr. Levitt's testimony as to delayed disclosure helped the jury understand why the girls did not reveal they had been photographed until they were confronted with the images.").
+
+The defendant suggests that Dr.a opinions on delayed disclosure are not helpful to the jury because they are too generic. As set forth here and more fully in Dr. .lencks Act material, Dr. has elaborated on her opinions about the relationship between child sexual abuse and traumatic memory.' The defendant adds that, because Dr.M opinion is that delayed disclosure is consistent with sexual abuse but not a necessary consequence of sexual abuse, jurors have no means to determine whether a Minor Victim is lying or telling the truth
+
+7 The defendant also argues that Dr. GM is not an expert in "the human brain or memory generally." (Def. Mot. 3 at 17). The overnment agrees. But Dr. s an expert in trauma psychology, which includes related issues of memory.
+
+(Def. Mot. 3 at 16). This argument misunderstands the role of the jury. Jurors are not tasked merely with applying Dr. expertise to facts. The jury will hear testimony that some Minor Victims did not immediately disclose their sexual abuse. When evaluating the credibility of those delayed disclosures, they will have the benefit of observing the Minor Victims' testimony, including their cross-examination which is sure to address their delayed disclosure, and the Minor Victims' explanation for those delays. The July will also hear general testimony from Dr. about various circumstances that may lead victims of sexual abuse to delay disclosure. In the totality of the circumstances, the jury can then decide who it finds credible.
+
+The defendant also argues it is prejudicial to her that Dr. suggests "that delayed reporting is more consistent with truthfulness than fabrication, a determination which the jury must make for itself." (Def. Mot. 3 at 17). It is unclear how the defendant can simultaneously argue that (1) Dr. \_testimony improperly assumes the role of the jury by suggesting that delayed reporting is "more consistent" with child sexual abuse (id.); and (2) Dr. -testimony would only help the jury if she resolved any ambiguity by saying that delayed reporting is a necessary consequence of child sexual abuse (id. at 15-16).
+
+Finally, according to the defendant, Dr. arguments will only prejudice the defendant, because it will serve to bolster the witnesses' credibility. As the defense acknowledges, however, Dr. will not offer an opinion regarding any specific victim, and she has not evaluated any victims in this case. (Cf. Def. Mot. 3 at 16 (citing United States v. Charley, 189 F.3d 1251, 1266-67 (10th Cir. 1999), in which the expert opined that the victims were in fact abused based "largely on crediting the girls' account," thereby "vouching for their truthfulness").
+
+Instead, the Government will seek to offer Dr. testimony as background in this case. "Dauber! instructs that vigorous cross-examination and the presentation of contrary evidence are the central tools available to an adversary who wishes to debunk an expert's testimony." Randall, 19 Cr. 131 (PAE), Dkt. No. 335 at 37 (internal quotation marks omitted) (citing Dauber'', 509 U.S. at 594-595). Thus, to the extent the defendant wishes to cast doubt on the applicability of Dr. background testimony, she is free to do so through cross-examination or by offering contrary evidence. As discussed above, Dr. testimony is relevant to helping the jury understand key issues in the case, like why the Minor Victims may have returned to the defendant and Epstein without being physically forced to do so, and why they delayed disclosure.
+
+\* \* \*
+
+The parties agree that Dr. is a qualified expert. Her opinions are well within the range of reasonable expert opinions, and so are sufficiently reliable to go to the jury. And they will aid the jury in evaluating other testimony in this case. That is enough for the Court to admit Dr. Rocchio's testimony.
+
+#### H. The Evidence Contained in the Government's October 11, 2021 Letter is Admissible
+
+On October 11, 2021, the Government notified the defense of certain evidence it may offer at trial. In particular, the letter addressee and the expected testimony of one potential witness. (See October 11, 2021 Letter, Def. Mot. 2 Ex. A). As the Government explained in its letter to the defense, the evidence constitutes direct evidence of the charged offenses, but the Government provided notice under Rule 404(b) in the alternative. That same day, the Government provided the defense with along with copies of all other marked Government
+
+exhibits, all of which were in the Government's discovery productions. The Government also provided the defense with Jencks Act materials for all trial witnesses that same day, including detailed notes and reports of the Government's interviews of the witness referenced in the letter.
+
+The defendant now moves to exclude this evidence, arguing, among other things, that the Government has not provided sufficient notice of the evidence it intends to offer at trial under Rule 404(b). For the reasons set forth below, the defendant's motion lacks merit, and should be denied. The Government has provided detailed notice, well in advance of trial. This evidence is admissible on multiple grounds, and the jury should be permitted to consider it.
+
+### A. Applicable Law
+
+Relevant evidence is "not confined to that which directly establishes an element of the crime." United States v. Gonzalez, 110 F.3d 941, 942 (2d Cir. 1997). As the Second Circuit has explained, "[t]o be relevant, evidence need only tend to prove the government's case, and evidence that adds context and dimension to the government's proof of the charges can have that tendency." Id.; accord United States v. Coonan, 938 F.2d 1553, 1561 (2d Cir. 1991). The Second Circuit has repeatedly held that actions and statements are admissible as direct evidence of the crimes charged, and are "not considered other crimes evidence under" Federal Rule of Evidence 404(b), if (a) they "arose out of the same transaction or series of transactions as the charged offense," (b) they are "inextricably intertwined with the evidence regarding the charged offense," or (c) they are "necessary to complete the story of the crime on trial." Carboni, 204 F.3d at 44; see also United States v. Quinones, 511 F.3d 289, 309 (2d Cir. 2007); United States v. Baez, 349 F.3d 90, 93-94 (2d Cir. 2003). In those circumstances, the uncharged crimes evidence is "appropriately treated
+
+as part of the very act charged, or, at least, proof of that act." Quinones, 511 F.3d at 309 (internal citations and quotations marks omitted).
+
+Federal Rule of Evidence 404(b) allows for the admission of uncharged crimes, wrongs, or other acts for purposes other than proving criminal propensity, "such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident." Fed. R. Evid. 404(b). The Second Circuit "has long adopted an inclusionary' approach to the admission of uncharged crime evidence, under which evidence of prior crimes, wrongs, or acts is admissible for any purpose other than to show a defendant's criminal propensity." United States v. Paulin, 445 F.3d 211, 221 (2d Cir. 2006) (internal quotation marks omitted). Where the defendant claims her conduct has an innocent explanation, the admission of such evidence of other acts is particularly appropriate. See, e.g., United States v. Zackson, 12 F.3d 1178, 1182 (2d Cir. 1993) ("Where a defendant claims that his conduct has an innocent explanation, prior act evidence is generally admissible to prove that the defendant acted with the state of mind necessary to commit the offense charged."). Where evidence is offered for a proper purpose under Rule 404(b), it may only be excluded if the probative value of the evidence is "substantially outweighed" by the danger of unfair prejudice. Id. at 1182; see Fed. R. Evid. 403.
+
+Until December I, 2020, the Government was required to provide "reasonable notice of the general nature of any such evidence that the prosecutor intends to offer at trial." Fed. R. Evid. 404(b)(2)(A) (2011). On December 1, 2020, the rule was amended (the "2020 Amendments") to require the Government to also "articulate in the notice the permitted purpose for which the prosecutor intends to offer the evidence and the reasoning that supports the purpose." Fed. R.
+
+Evid. 404(b)(3)(B) (2020). The 2020 Amendments also removed language permitting notice of the "general nature" of the evidence.
+
+These amendments are "relatively modest." Wright & Miller, "2020 Amendments to Rule 404(b)," 22B Fed. Prac. & Proc. Evid. § 5242.1 (2d ed.). They simply require the prosecutor to "articulate a non-propensity purpose for which the evidence is offered and the basis for concluding that the evidence is relevant in light of this purpose." Id. (quoting Fed. R. Evid. 404(b) Advisory Committee note). The other act evidence should also be "described with helpful specificity." Id.
+
+### B. Discussion
+
+To be clear, in the Government's view, the exhibits and testimony discussed in the Government's October 11, 2021 letter are direct evidence of the offenses charged, such that they do not need to be admitted pursuant to Rule 404(b). And although notice was not required under Rule 404(b), the Government has provided the defense with notice substantially in advance of trial. The Court should admit this evidence, regardless of whether Rule 404(b) applies.
+
+#### 1. The Evidence is Admissible As Direct Evidence, or in the Alternative, Under Rule 404(b)
+
+The Government's October I 1 letter identified seven exhibits and one witness whose statements are admissible as direct evidence, or in the alternative under Rule 404(b). (See October I1, 2021 Letter, Def. Mot. 2 Ex. A at 1). More specifically, the letter explained that the Government may offer at tria marked as Government Exhibits 401 through 404, 409 through 410, and 413. In addition, the Government notified the defense that it may call as a witness an individual ("Employee-1") who worked for Jeffrey Epstein immediately 35
+
+following the charged conduct. Both categories of evidence are admissible as direct evidence of the charged conduct, or in the alternative under Rule 404(b).
+
+**a. Government Exhibits 401 through 404, 409 through 410, and 413**
+
+Turning first to the exhibits, the Government has notified the defense that it intends to offer
+
+[REDACTED]
+
+[REDACTED] (October 11, 2021 Letter, Def. Mot. 2 Ex. A at 1).
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
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+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+
+[REDACTED]
+
+[REDACTED] But the jury could easily draw different inferences from these exhibits. The exhibits go directly to the defendant's intent and motive, because they show [REDACTED]
+
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+[REDACTED]
+
+Accordingly, these exhibits are probative of the issues the jury will be asked to resolve at trial and should be admitted as direct evidence of the charged crimes.9 In the alternative, this evidence is probative of the defendant's motive, intent, plan, and knowledge, and should be admitted pursuant to Rule 404(b)(2). [REDACTED]
+
+---
+
+8 The remaining exhibits identified in the Government's October 11, 2021 letter are necessary to identify the parties to the emails.
+
+9 This evidence would also be admissible to rebut defense arguments concerning similar topics, and in cross-examination of the defendant.
+
+only highlights that this evidence does "not involve conduct any more sensational or disturbing than the crimes with which [the defendant] was charged," which weighs in favor of admitting these exhibits under Rule 404(b)(2). United States v. Roldan-Zapata, 916 F.2d 795, 804 (2d Cir. 1990).
+
+#### b. Testimony of Employee-1
+
+Employee-1 worked as a personal assistant for Epstein for approximately (October 11, 2021 Letter, Def. Mot. 2 Ex. A at 1). During that time, Employee-1 reported directly to another employee ("Employee-2"), who worked for Epstein during the timeframe of the charged conspiracy, and who is referenced in the Second Superseding Indictment (the Indictment"). (ECF No. 187, ¶r 6, 7(b)). The Government expects that Employee-1 will testify about Employee-1's observations of the close relationship between the defendant and Epstein. Indeed, Employee-1 will testify that Employee-1 worked out of the defendant's townhouse in Manhattan during the weeks that Employee-1 worked in New York City. The Government also expects Employee-1 to testify about her observations at Epstein's properties, including observations of minor girls at the properties, as well as her knowledge of Epstein's practice to arrange multiple sexualized massages per day. In addition, although Employee-1's employment post-dates the defendant's conduct with the victims in this case, Employee-1 became familiar with certain items in Epstein's residences during her tenure there, and thus Employee-1 will authenticate certain exhibits relating to the Minor Victims. Finally, the Government expects Employee-1 to testify that in or about October 2005, Epstein and her supervisor directed her to gather the computers and contact books in the house and hand them over to a specified individual.
+
+Employee-I's testimony is admissible for multiple permissible purposes. Her testimony shows the relationship between Epstein and the defendant shortly after the end of the conspiracy period, including the defendant's role in Epstein's affairs. Similarly, it provides background information about the operation of Epstein's homes and lifestyle. Employee-1's testimony will also show the defendant and Epstein's plan and preparation, because it will describe the process and frequency of obtaining masseuses, including the fact that the masseuses were often underage girls, and that some of the massages developed into sexual abuse. And Employee-1's testimony tends to show the defendant's knowledge, because it describes the visibility of Epstein's abuse to individuals at his properties. Finally, Employee-1's testimony will authenticate exhibits that are direct evidence of the charged crimes. Accordingly, Employee-I 's testimony is direct evidence of the crimes charged. Moreover, this evidence is admissible in the alternative under Rule 404(b), for substantially the same reasons.
+
+# 2. The Government Has Met and Exceeded Its Notice Obligations
+
+Even if Rule 404(b) applies here, the Government's October 11, 2021 letter—and the corresponding Jencks Act disclosures—have satisfied any notice obligations that apply here.
+
+The defense claims that the Government's October 11, 2021 notice was inadequate in light of the 2020 amendments to Rule 404(b). The Government provided the defense with a letter, and corresponding disclosures, seven weeks before trial. In fact, the defense has had the seven exhibits for much longer, since they were part of the Government's Rule 16 discovery productions. The defense now also has this briefing, five weeks before trial. Thus, any alleged gap in the Government's notice is remediated by this brief. This is ample notice of the possible Rule 404(b) evidence in this case. Indeed, the Rule only requires that the defense receive notice "before trial," or even "during trial... for good cause." Fed. R. Evid. 404(b)(3)(C).
+
+The defense claims, without supporting authority, that Rule 404(b) requires heightened notice that cannot be satisfied here without, essentially, a script of all of the proposed testimony at trial accompanied by detailed expositions of the Government's case-in-chief. (Def. Mot. 2 at 4- 5). But the Government has provided the defense with marked exhibits and comprehensive Jencks Act materials of the single witness subject to this motion (approximately 400 pages) "unusually early" (Endorsed Letter at 3, Dkt. No. 353), along with a letter specifically highlighting the proffered evidence at trial. That is all that is required, and the defendant cannot leverage the notice requirements of Rule 404(b) to preclude this evidence at trial. Indeed, the "Second Circuit generally disfavors the exclusion of otherwise relevant evidence on technical grounds." Hart v. BHH, LLC, No. 15 Civ. 4804 (WHP), 2019 WL 1494027, at \*3 (S.D.N.Y. Apr. 4, 2019) (citing Rodriguez v. Vill. Green Realty, Inc., 788 F.3d 31, 47 (2d Cir. 2015)). Accordingly, the only judge in this District to consider a similar situation concluded that the Government's Rule 404(b) notice was sufficient in combination with the Government's motion papers. See United States v. Chandler, No. 19 Cr. 867 (PKC), 2021 WL 1851996, at \*2 n.2 (S.D.N.Y. May 10, 2021).
+
+The defense vaguely asserts that it cannot perform an independent investigation into the Rule 404(b) evidence due to the inadequacy of the Government's notice. (Def. Mot. 2 at 5-6). That conclusory assertion cannot support a motion to preclude the jury from hearing evidence of the defendant's guilt. The defense has not identified any specific way that they have been hampered
+
+in their ability to investigate or move in limine. The Government's Rule 404(3) notice—and this brief—have been provided far in advance of trial. In many cases, the Government gives Rule 404(b) notice two weeks before trial, and here the Government's notice concerns a small number of exhibits and only one witness. See, e.g., United States v. Tranquillo, 606 F. Supp. 2d 370, 383 (S.D.N.Y. 2009) ("The Government has indicated that it will make the required disclosure two weeks prior to trial, a practice that typically comports with Rule 404(b)."); United States v. Fennell, 496 F. Supp. 2d 279, 284 (S.D.N.Y. 2007) ("The government has in good faith noted its obligations under Rule 404(b), and indicated that it intends to provide notice of the 404(b) evidence it intends to introduce two weeks before the beginning of trial. There is therefore no need to issue the order Defendant seeks."). The Government has identified the specific evidence it will seek to admit not just the types of evidence—and has explained the connection between that evidence and nonpropensity purposes for which it will be offered. That is all Rule 404(b) requires.
+
+### III. The Testimony of Minor Victim-3 is Admissible
+
+The defendant has moved to exclude evidence related to Minor Victim-3. This is nothing more than an attempt to seek reconsideration of the Court's pretrial order denying the defense's motion to strike Minor Victim-3 from the Indictment. Evidence of the defendant and Jeffrey Epstein's abuse of Minor Victim-3 is direct evidence of the offense charged in the Indictment, including the overt acts in the Indictment that pertain to Minor Victim-3. And in any event, her testimony would easily satisfy the requirements of Rule 404(b).
+
+### A. Background
+
+Both the first and second superseding indictments described the defendant and Epstein's sexual abuse of Minor Victim-3. As set forth in the Indictment, the defendant "groomed and
+
+befriended Minor Victim-3 in London, England between approximately 1994 and 1995, including during a period of time in which [the defendant] knew that Minor Victim-3 was under the age of 18." (Indictment ¶ 9(c)). The defendant "introduced Minor Victim-3 to Epstein and arranged for multiple interactions between Minor Victim-3 and Epstein," during which the defendant "encouraged Minor Victim-3 to massage Epstein, knowing that Epstein would engage in sex acts with Minor Victim-3 during those massages." (Id.) Minor Victim-3 provided those massages, during which Epstein sexually abused Minor Victim-3. (Id.) Two overt acts in those Indictments concerned the defendant and Epstein's sexual abuse of Minor Victim-3 in London. (Id. ¶¶ 13(d), 19(d)).
+
+The defendant moved to strike the portions of the S 1 Indictment involving Minor Victim-3, arguing that the events involving Minor Victim-3 were unrelated to the conspiracies charged in Count One and Count Three. (See generally Mem. of Law, Dkt. No. 146). In response, the Government explained that the defendant and Epstein's "interactions with Minor Victim-3 were part of a broader scheme and agreement to entice and transport minor victims with the intent to commit illegal sex acts," and in any event, admissible under Rule 404(b) as evidence of the defendant's knowledge, intent, and modus operandi. (Gov't Opp. at 157-169, Dkt. No. 204). The Government expects Minor Victim-3 to testify, in substance and in part, that she met the defendant when she was The defendant befriended Minor Victim-3 by, among other things, discussing Minor Victim-3's life and family with Minor Victim-3.
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+The Court denied the defendant’s prior motion to strike portions of the Indictment related to Minor Victim-3 (Op. & Order at 33, Dkt. No. 207), explaining that it was premature to strike any language from the Indictment, because Minor Victim-3’s allegations “may reflect conduct
+
+undertaken in furtherance of the charged conspiracy or be relevant to prove facts such as Maxwell's state of mind." (id. at 26-27).
+
+### B. Applicable Law
+
+It is axiomatic that the Government may offer proof of acts included within the indictment. Those are the very acts the Government seeks to prove at trial. See United States v. Dugue, 763 F. App'x 93, 94 (2d Cir. 2019) (summary order) ("[A]n act that is alleged to have been done in furtherance of the alleged conspiracy is not an `other' act within the meaning of Rule 404(b); rather, it is part of the very act charged." (alterations and citation omitted)); Quinones, 511 F.3d at 308 ("While Rule 404(b) identifies various rationales ... for which evidence of bad acts other than those charged in the indictment may be admitted at trial, the rule has no bearing on the admissibility of acts that are part of the charged crime." (emphasis in original) (footnote omitted)).
+
+As discussed above, see supra Section II, direct evidence is "not confined to that which directly establishes an element of the crime." Gonzalez, 110 F.3d at 942, see id. at 942 (rejecting a claim that the evidence fell under Rule 404(6)). It also includes actions or statements that (a) "arose out of the same transaction or series of transactions as the charged offense," (b) are "inextricably intertwined with the evidence regarding the charged offense," or (c) are "necessary to complete the story of the crime on trial." Carboni, 204 F.3d at 44.
+
+In addition, in a conspiracy case, "the Government need not set out with precision each and every act in furtherance of the conspiracy." United States v. LaSpina, 299 F.3d 165, 182 (2d Cir. 2002) (citation, alterations, and internal quotation marks omitted). Instead, "where the Government must prove a conspiracy existed, evidence of acts committed in furtherance of the conspiracy is ... direct evidence of the acts charged in the Indictment." United States v. Townsend,
+
+No. Si 06 Cr. 34 (JFK), 2007 WL 1288597, at ■1 **(S.D.N.Y. May I, 2007) (citing United States v.**
+
+**Concepcion, 983 F.2d 369, 392 (2d Cir. 1992)); United States v. Van Putten, No. 04 Cr. 803 (PKL),**
+
+**2005 WL 612723, at •3 (S.D.N.Y. Mar. 15, 2005) (similar).**
+
+**As also discussed in Section II, supra, evidence of "other acts" is admissible under Rule 404(b) if it is (1) advanced for a proper purpose, such as to prove "motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident"; (2) relevant to the crimes for which the defendant is on trial; and (3) has probative value which is not substantially outweighed by any unfair prejudicial effect. See Zackson, 12 F.3d at 1182. If requested, such evidence must be admitted with limiting instructions to the jury. See United States v. Edwards, 342 F.3d 168, 176 (2d Cir. 2003). The Second Circuit "ha[s] adopted an inclusionary approach to evaluating Rule 404(b) evidence, which allows evidence to be received at trial for any purpose other than to attempt to demonstrate the defendant's criminal propensity." Id. (internal quotation marks and citations omitted).**
+
+# **C. Discussion**
+
+**Minor Victim-3's testimony is direct evidence of the charged criminal conduct specifically, the conspiracies in Counts One and Three of the Indictment.**
+
+**The Government expects that Minor Victim-3's testimony, which concerns a period of time overlapping with or in close proximity to other Minor Victims' experiences with the defendant and Epstein and concerns teenagers of similar ages, will significantly overlap with the testimony of those other Minor Victims. Put simply, Minor Victim-3's account is**
+
+corroborative of the accounts of the other Minor Victims. It is also direct evidence of the operation of the conspiracy that is probative of the defendant's intent at the time of the offense. See Op. & Order at 10, Dkt. No. 106 ("[I]t is anticipated that the three witnesses will provide detailed and corroborating accounts of the Defendant's alleged role in enticing minors to engage in sex acts."); see also United States v. Curley, 639 F.3d 50, 59 (2d Cir. 2011) (explaining in an interstate stalking case that evidence of earlier abuse that was "similar in nature and severity" demonstrated a "pattern of activity that was probative of [the defendant's] intent").
+
+Minor Victim-3's testimony is also direct evidence of the offense because it concerns acts taken by the defendant in furtherance of the conspiracies. In particular
+
+Indeed, at a minimum, the defense motion should be denied because the Government's proffered evidence relating to Minor Victim-3 is admissible to prove the overt acts involving Minor Victim-3 contained in the Indictment. (Indictment ¶¶ 13(d), 19(d)). Evidence proving overt acts in the Indictment is direct evidence of the offense, and not other-acts evidence. See United States v. James, 520 F. App'x 41, 45 (2d Cir. 2013) (summary order) ("James's possession of five pounds of marijuana on December 22, 2005, and December 2, 2010, were charged as overt acts in the indictment. Accordingly, evidence of James's possession of marijuana on these occasions was not subject to the structures of Rule 404(6)."). The Court previously denied the defense's motion to strike the overt acts involving Minor Victim-3 as surplusage, explaining that it "may reflect conduct undertaken in furtherance of the charged conspiracy or be relevant to prove facts such as Maxwell's state of mind." (Op. & Order at 26-27, Dkt. No. 207 ("Courts in this district generally delay ruling on any motion to strike until after the presentation of the Government's evidence at trial, because that evidence may affect how specific allegations relate to the overall charges.")). Having concluded that it should delay striking these overt acts until after presentation of the Government's evidence, the Court should not now effectively reverse its decision by precluding that very evidence. If the Government's proof at trial does not establish the relevance of Minor Victim-3's testimony, if anything, the proper course is for the defense to move to strike the relevant overt acts and Minor Victim-3's testimony at that time.
+
+Even if evidence of Minor Victim-3 were uncharged criminal activity, it would still be necessary to understand the other aspects of the charged conspiracies. Minor Victim-3 experienced the pattern of abuse in close temporal proximity to the other Minor Victims: the conduct involving Minor Victim-1 spans 1994 to 1997, the conduct involving Minor Victim-3 spans 1994 to 1995, and the conduct involving Minor Victim-2 occurred in 1996. The defendant's acts toward Minor Victim-3 show (1) the defendant's relationship with Epstein, including her willingness to procure teenagers to give Epstein massages, (2) the defendant's knowledge of both the sexual nature of those massages and the need to procure additional victims, and (3) her willingness to transport minors to further their abuse. This evidence is therefore direct proof of the defendant's state of mind and agreement to participate in a conspiracy with Epstein. Moreover, her relationship with Minor Victim-3 was "part of [her] continued effort" to commit the offenses charged in Counts One and Three. Carboni, 204 F.3d at 44; see United States v. Romero-Padilla, 583 F.3d 126, 130 (2d Cir. 2009) ("We reject Romero-Padilla's contention that evidence of his
+
+previous plans with Ferro to import narcotics . . . was evidence of `other crimes' . . . . [I]t corroborated the charge that Ferro and Romero-Padilla were partners during the charged conspiracy and established that Romero-Padilla's participation in the charged conspiracy was at least in part motivated by his desire to acquire [certain] funds ...")."
+
+Minor Victim-3's testimony is also necessary to complete the story of the offense conduct in light of expected defenses at trial. To the extent that the defense argues, for instance, that the defendant played no role in obtaining girls to massage Epstein or was unaware that Epstein's
+
+II The cases the defendant cites (Def. Mot. 4 at 8-9) conclude that the admission of evidence about distinct criminal incidents are not direct evidence of the conspiracy. See United States v. Cummings, 60 F. Supp. 3d 434, 438 (S.D.N.Y. 2014), vacated on other grounds, 858 F.3d 763 (2d Cir. 2017) (evidence of prior narcotics arrest and firearms conviction in narcotics and firearms case "could be . . . connected to the charged conspiracy, but the Government has not provided enough detail"); Townsend, 2007 WL 1288597, at \*2 (stating that the Government did not show that uncharged firearm and drug transactions involving the same confidential informant outside the time period of the charged conspiracy, described "rather generically" as a sale of firearms and "narcotics transactions," are "part and parcel of the charged conduct or sufficiently similar to them); United States v. Mahe, 477 F. Supp. 2d 560, 566 (E.D.N.Y. 2007) (stating that, although the facts between two fraud schemes were "quite similar," the other acts were "a separate, discrete offense that may be conceptually segregated from the charged offenses without impairing the jury's ability to understand the facts underlying the schemes alleged in the indictment"), vacated in part on other grounds 285 F. App'x 797 (2d Cir. 2008); United States v. Nektalov, 325 F. Supp. 2d 367, 370 (S.D.N.Y. 2004) ("[T]he transactions took place as early as three years prior to the charged conspiracy and appear to involve a series of distinct cash for gold transactions . . . ."). That is not the case here, where the abuse of Minor Victim-3 occurred during the charged conspiracy period, overlaps temporally with the testimony of other Minor Victims, whose admissibility the defendant does not contest, and is direct proof of the operation of the conspiracy. But in any event, in each case, the Court admitted at least some evidence under Rule 404(b). See Cummings, 60 F. Supp. 3d at 438 (evidence admissible under Rule 404(b)); Townsend, 2007 WL 1288597, at \*5-6 (some evidence admissible under Rule 404(b), some evidence "far too vague" for the Court to resolve, evidence of later marijuana possession irrelevant); Mahe, 477 F. Supp. 2d at 566 (evidence admissible under Rule 404(b)); Nektalov, 325 F. Supp. 2d at 372 (evidence admissible under Rule 404(b)).
+
+massages were sexualized, evidence that she did so in the case of Minor Victim-3—at roughly the same time as Epstein was abusing Minor Victim-1 and Minor Victim-2—is "necessary to complete the story of the crime on trial." United States v. Robinson, 702 F.3d 22, 37 (2d Cir. 2012) ("Robinson argued at trial that Jane Doe was his `girlfriend' and that he had no control over her prostitution activities. Evidence that Robinson was in the prostitution business and controlled prostitutes other than Jane Doe was therefore `necessary to complete the story of the crime on
+
+The defense focuses on allegations involving Minor Victim-3 in isolation. In its attempt to confuse the issues, the defense argues that the defendant's conduct with Minor Victim-3 was lawful in the United Kingdom, and that Minor Victim-3 was an adult when she ultimately traveled to the United States and was abused by Epstein. The defense states that "[a]s to [Minor Victim-3], the completed endeavor—i.e., her alleged sex acts with Epstein—was not a substantive criminal offense." (Def. Mot. 4 at 8 (emphasis in original)). The defense then claims—without any basis that the allegations relating to Minor Victim-3 in the Indictment are "of no consequence," because "the government evidently charged the conduct under the mistaken belief that [Minor Victim-3] was a minor when she engaged in sex acts with Epstein." (Id. at 9-10). According to the defense, the government "did not know that [Minor Victim-3] was above the [age] of consent in the U.K. The government presented [Minor Victim-3]'s allegations to the grand jury incorrectly assuming that she was a minor and that the alleged sex acts between Epstein and [Minor Victim-3] were illegal." (Id. at 1-2).
+
+Not so. The defendant's argument entirely misunderstands the charges in the Indictment and the jury's task at trial. The defendant is charged with conspiring to transport and entice minors for the purpose of sexual abuse. The question at trial will be whether the defendant took steps to provide Jeffrey Epstein with access to girls under the age of 18, knowing that Epstein intended to have sexual contact with those girls. The defendant's acts involving Minor Victim-3 were part of that scheme and are highly relevant to demonstrating the existence of the conspiracy and the defendant's role in the scheme. That is all that is required for evidence relating to the defendant's exploitation of Minor Victim-3 to be direct evidence of the charged offenses. The defendant is not charged with an offense under United Kingdom law, and the age of consent in the United Kingdom is irrelevant. The defendant is also not charged with any substantive offenses with respect to Minor Victim-3, and thus it makes no difference whether the defendant could have, attempted to, or did successfully transport Minor Victim-3 in violation of those statutes.'?
+
+In any event, this evidence is all admissible under Rule 404(b).13 Testimony regarding the defendant's efforts to recruit and encourage Minor Victim-3 to engage in sex acts with Epstein in the context of massages establishes that the defendant knew of Epstein's attraction to minor girls
+
+12 Indeed, there is no risk at trial that the jury will convict the defendant based on the testimony of Minor Victim-3 alone. As the Government has made clear, the jury may not convict the defendant of the conspiracy offense solely based on Minor Victim-3 due to the statute of limitations. (Gov't Opp. at 157-58, 163, Dkt. No. 204). The jury should be appropriately instructed at the conclusion of the trial.
+
+13 To the extent this evidence is properly admissible under Rule 404(b) rather than as direct evidence, the Government's detailed memorandum in opposition to the defense pretrial motions, which described theories of 404(b) admissibility (Gov't Opp. at 165-69, Dkt. No. 204), and this memorandum, filed five weeks before trial, is more than sufficient notice for the defense.
+
+and knew that Epstein used massage to initiate sexual contact with minor girls. Minor Victim-3's testimony shows the defendant's intent, through her acts befriending Minor Victim-3, encouraging Minor Victim-3 to provide Epstein massages, and asking Minor Victim-3 to find other girls. And it shows the defendant's specific modus operandi of the conspiracies in the Indictment. For these and the other reasons described above, Minor Victim-3's testimony easily satisfies Rule 404(b)'s requirements. Evidence of other acts involving the grooming or abuse of minor victims is regularly admitted for similar purposes in cases where charges allege sexual activity with minors. See, e.g., United States v. Vickers, 708 F. App'x 732, 737 (2d Cir. 2017) ("As to the testimony concerning Vickers' grooming' of his victims, we conclude that such evidence was admissible even under Rule 404(b), because it was probative of Vickers' knowledge of how to secure adolescent boys' trust so that he could sexually abuse them. We identify no abuse of discretion in the district court's decision to admit all of the challenged testimony [regarding uncharged acts of sexual abuse] under Rule 403."); United States v. McDarrah, 351 F. App'x 558, 563 (2d Cir. 2009) (affirming admission pursuant to Rule 404(b) of defendant's "e-mail responses to the Craigslist advertisements" for erotic services because the e-mails "were relevant to his knowledge and intent, because he wrote those emails to girls he knew could be minors (he enthusiastically indicated that girls younger than 18 are acceptable) and his e-mails showed his interest in actual sexual conduct"); United States v. Brand, No. 04 Cr. 194 (PICL), 2005 WL 77055, at \*5 (S.D.N.Y. Jan. 12, 2005) (admitting "evidence that Brand exhibited an interest in child erotica and child pornography on the intemet in the period leading up to the charged conduct" under Rule 404(b) because evidence was "pertinent to whether he used the Internet in an attempt to engage in sexual conduct with" putative victim).
+
+The defense argues that this testimony will be unfairly prejudicial to the defendant. See Fed. R. Evid. 403. According to the defense, if Minor Victim-3 testifies that she had sex with a "much older man when she was 17 years old" or that she was sexually abused, the jury will assume that Epstein engaged in illegal conduct, which will somehow prejudice the defendant. (Def. Mot. 4 at 13). The Court should not assume that the jury will speculate about principles of United Kingdom law and apply them to this case. The Court will properly instruct the jury on the elements of the offenses charged in the Indictment and the evidence that the jury can—and cannot consider. Those instructions will not ask the jury to consider or pass upon any aspect of United Kingdom law, which will not be in evidence at trial. And in any event, as discussed in the Government's opposition to the defendant's pretrial motion to strike references to Minor Victim-3 in the Indictment, evidence regarding Minor Victim-3's experiences with the defendant and Epstein are no more inflammatory or upsetting than those of Minor Victim-1 and Minor Victim-2. The risk of unfair prejudice is therefore minimal.
+
+In the alternative, the defense seeks three rulings: (1) precluding the Government from referring to Minor Victim-3 as a "minor," (2) precluding the Government and Minor Victim-3 from representing that she was "sexually abused" by Epstein, and (3) giving a limiting instruction about United Kingdom law. The defense's requested rulings are not grounded in law or reason.
+
+First, the defense claims that Minor Victim-3 should not be referred to as a "minor" because she was above the age of consent in the relevant jurisdictions at the times she had sexual contact with Epstein. When Minor Victim-3 began having sexual contact with Epstein, she was The issue at trial will be the defendant's knowledge of Epstein's preference for girls under the age of 18. Under federal law, there is a term for individuals under the age of 18: minors. There is nothing inappropriate about using that term at trial.
+
+Similarly, the phrase "sexual abuse" is accurate, and the Government should be permitted to use it. Minor Victim-3 is expected to testify about her experiences with the defendant and Epstein, including that she was sexually abused by Epstein numerous times. Regardless of whether she uses the term "sexual abuse," her testimony will capture her experience—that she was exploited sexually. And it is fair for the Government to argue that those acts were sexual abuse. The defense argues that the phrase "sexual abuse" is misleading because it suggests to the jury that Epstein engaged in "criminal sexual activity" with Minor Victim-3. (Def. Mot. 4 at 14-15). To justify that proposition, the defense cites a single Supreme Court case in which (1) the parties were engaged in the task of statutory interpretation, not argument in a jury address or description of a victim's lived experience, and (2) the Court rejected that proposed definition of "sexual abuse of a minor" as "flatly inconsistent with the definition of sexual abuse contained in th[at] very dictionary." Esquivel-Quintana v. Sessions, 137 S. Ct. 1562, 1569 (2017). Again, the Government is confident that the Court will properly instruct the jury regarding the elements of the crimes in the Indictment.
+
+Finally, there is no basis for an instruction about United Kingdom law. The defense has demonstrated no unfair prejudice that might warrant a limiting instruction, and the defense's proposed instructions would only confuse the jury. The jury will be instructed to consider only
+
+the elements of the crimes the Court provides them, so any assumptions the jury might make about United Kingdom law are irrelevant.14 See United States v. Vasquez, 82 F.3d 574, 577 (2d Cir. 1996) (appropriate to reject defense request for an instruction if it does not "represent[] a theory of the defense with a basis in the record that would lead to acquittal"). And the proposed jury instruction that the sexual activity involving Minor Victim-3 "cannot be considered `illegal' or 'criminal' or `unlawful' for purposes of the crimes charged in the indictment" (Def. Mot. 4 at 15), is wrong on the law. The sexual activity involving Minor Victim-3 can be considered criminal for purposes of the crimes charged in the Indictment, because it is probative proof of the defendant's guilt of those crimes. The instruction the defense proposes, in contrast, creates serious risk that the jury will think the Court is telling them that the conduct is lawful and therefore irrelevant to the case. It is not irrelevant: it is direct evidence of the crimes charged, and it should be put before the jury.
+
+# IV. There is No Basis to Preclude Co-Conspirator Statements at Trial
+
+On October 11, the Government provided the defense with comprehensive Jencks Act material for trial witnesses and its exhibits, along with a letter telling the defense, consistent with the Court's order, the identities of the individuals the Government intends to argue are coconspirators at trial. The defense nonetheless asks the Court to enter an order precluding the Government from introducing any co-conspirator statements under Federal Rule of Evidence
+
+14 In the event the Court instructs the jury on the age of consent in the United Kingdom, the Government requests that the Court also instruct the jury that the United Kingdom's age of consent is irrelevant and they should not consider it.
+
+802(d)(2)(E) because it claims the Government failed to comply with the Court's September 3, 2021 Order. (Def. Mot. 1 at 1). The defense misreads this Court's September 3, 2021 Order to require the Government to do something unprecedented: identify and itemize for the defense each and every co-conspirator statement it plans to use at trial, seven weeks in advance of trial. Then, complaining that the Government has not complied with the defense's peculiar reading, the defense seeks an extraordinary remedy: precluding the Government from offering any coconspirator statements at trial. Each step of this analysis is erroneous, and the Court should deny the motion.
+
+### A. Background
+
+The defendant first sought to compel the Government to identify the co-conspirator statements it plans to use at trial in its initial round of pretrial motions. There, the defendant argued that the Second Circuit's practice of conditional admission of co-conspirator statements at trial would prejudice her because "any cautionary instruction would be of doubtful utility." (Mem. of Law at 13, Dkt. No. 148). She therefore asked the Court to order a "proffer from the government or conduct a pretrial hearing to determine if the statements are admissible." (Id. at 13-14).
+
+In response, the Government observed that the practice of conditional admission of coconspirator statements is the law of the Circuit, notwithstanding the defense's preference to the contrary. (Gov't Opp. at 192, Dkt. No. 204). The Government also explained that "the Second Circuit has rejected the suggestion that non-exculpatory co-conspirator statements are discoverable under Rule 16 or by any means other than the Jencks Act." (Id.). See In re U.S., 834 F.2d 283, 284-87 (2d Cir. 1987) (issuing a writ of mandamus reversing District Court's order directing the Government to "produce all oral statements made by the defendants and coconspirators that the Government planned to offer at trial as admissions of a defendant" under Fed. R. Evid. 801). Accordingly, the Government argued that "the defense will receive notice of any co-conspirator statements that the Government may seek to introduce through witness statements" in its Jencks Act production. (Gov't Opp. at 192, Dkt. No. 204).
+
+The Court denied the motion, explaining that the Court lacked the power to order pretrial disclosure of non-exculpatory co-conspirator statements. (Op. & Order at 30, Dkt. No. 207). The Court also explained that the "[c]o-conspirator statements may often be admitted at trial on a conditional basis," and to the extent that "can pose a problem, a pretrial hearing is unnecessary here because the Government has committed to producing co-conspirator statements at least six weeks in advance of trial to allow Maxwell to raise any objections." (Id. at 30-31).
+
+The defendant's second bite at the apple came in the parties' joint scheduling letter. (Letter, Dkt. No. 291). There, the defense requested that the Government "identify any co-conspirator's names and statements (whether via witness testimony or documentary evidence) at the same time as it discloses []3500 material," so it could "litigate their admissibility before trial." (Id. at 11-12). The Government responded that it is "entirely appropriate for defense counsel to receive notice of any co-conspirator statements through Jencks Act materials and marked exhibits," because any coconspirator statements will be contained therein. (Id. at 5). The Government also noted that the defendant cited no cases "directing separate notice of coconspirator statements that the Government may introduce at trial." (Id.)
+
+On June 2, 2021, the Court adopted the "Government's proposal" and set a deadline of October 11, 2021, for the "disclosure of Jencks Act and Giglio material, Rule 404(b) evidence and
+
+notice, co-conspirator statements, and Government witness list," as well as the "Defendant's proposal" that the Government disclose its proposed exhibit list that same day. (Order at 1, Dkt. No. 297). This order did not expressly require the Government to specifically identify coconspirator statements within its other productions.
+
+In the defendant's second round of pretrial motions, she asked the Court to order the Government to disclose a series of information about the Indictment. That list contained a renewed request for the Government to identify uncharged co-conspirators, but it did not contain a new request for the Government to separately identify co-conspirator statements within its discovery production. (Mem. of Law at 23-24, Dkt. No. 293). On August 13, 2021, the Court denied the defense's motion, but in a footnote, explained that it "presume[d] the Government intends to disclose" the "identi[ties of] the unnamed co-conspirators who allegedly participated in the conspiracies charged in the S2 Indictment," since the Government had not previously opposed that request. (Op. & Order, Dkt. No. 317 at 12 n.1). The order said nothing about identifying coconspirator's statements. (Id.).
+
+The Government filed a letter opposing the request for the Government to "identify [the defendant]'s unnamed co-conspirators." (Letter at 1, Dkt. No. 320). The defendant filed a new letter in response, raising "two issues." (Letter at 1, Dkt. No. 331). First, the defendant sought the identities of co-conspirators. (Id. at 1-2). Second, the defendant took a third bite at the apple, once again seeking "disclosure of the purported co-conspirator statements [the Government] intends to offer at trial." (Id. at 3). The defendant also argued that the Court's scheduling order had already required the Government to specifically identify co-conspirator statements. (Id. at 3-4).
+
+On September 3, 2021, the Court ordered the Government to "disclose to the Defendant the identities of all unnamed co-conspirators alleged in the S2 indictment to whom it will refer at trial." (Order at 1, Dkt. No. 335). The Court further ordered the Government to "disclose all coconspirator statements it intends to offer at trial no later than October II, as consistent with this Court's scheduling order." (Id. at 2).
+
+Accordingly, on October 11, 2021, the Government produced its exhibit list and Jencks Act material to the defendant. The Jencks Act materials and exhibits contained the only coconspirator statements in the Government's possession that will be offered at trial. It also disclosed the identities of the individuals to whom it may refer at trial as co-conspirators and informed the defendant that it "has produced all co-conspirator statements which it intends to offer at trial . . . in the Government's production [that day] or in its previous productions." (Def. Mot. 1 Ex. 1 at I). The Government further noted that "[t]o the extent the Government learns of additional coconspirator statements as it continues to prepare for trial, it will produce those statements in connection with its ongoing obligation to produce Jencks Act material." (Id.).
+
+# B. Discussion
+
+The Government has complied with its pre-trial disclosure obligations, consistent with the Court's orders and on a schedule with deadlines well in advance of trial. As of October 11, the Government produced all co-conspirator statements in its possession that it intends to offer at trial. To the extent that the Government learns of additional co-conspirator statements as it prepares for trial—such as in a session preparing a witness for trial—it will produce those statements as part of its ongoing Jencks Act obligations.
+
+The defense ens when it suggests that the Court ordered the Government to specifically itemize any co-conspirator statements contained in its disclosures. When the Court first set a disclosure schedule for Jencks Act material, it adopted the "Government's proposal," which opposed any requirement that the Government isolate co-conspirator statements from other witness statements. (Order at 1, Dkt. No. 297). When the Court ordered the Government to produce the identities of co-conspirators, it again ordered the Government to "disclose" all co-conspirator statements, citing the Court's earlier order. (Order at 2, Dkt. No. 335). Neither order expressly directed the Government to produce a set of co-conspirator statements it would offer at trial separately from the other evidence it would offer at trial.
+
+A requirement to "disclose statements" is not a requirement to isolate statements. For one, the Court denied the defense request for effectively that relief in the first round of pretrial motions. (Op. & Order at 30-31, Dkt. No. 207). For another, in the defense's many rounds of briefing on this issue, it has cited no case—not from this District, nor any other—in which a Court ordered the Government to segregate and itemize co-conspirator statements from other statements for the convenience of the defense. The Government is aware of no such case—likely because such an order would be in considerable tension with Circuit precedent, see In re U.S., 834 F.2d at 286. For a third, the guiding principle of the defense's justification for its request is to facilitate litigation of those statements' admissibility pre-trial. But the law of the Second Circuit is that such statements can be conditionally admitted during the trial, and their admissibility litigated thereafter. See, e.g., United States v. Ferguson, 676 F.3d 260, 273 n.8 (2d Cir. 2011) (citing United States v. Geaney, 417 F.2d 1116, 1120 (2d Cir. 1969)); Op. & Order at 30, Dkt. No. 207. As much
+
+as the defense might like the Government to create such an index, that is simply not how the litigation of co-conspirator statements is handled. And it is not what the Court's order, requiring "disclos[ur]e" of co-conspirator statements, required.
+
+The Government's obligation is to make disclosures. The Government is not obligated to serve as members of the defense team, reviewing Jencks Act materials for the defense and itemizing and indexing disclosures for them. The Government is no more obligated to itemize Jencks Act materials containing co-conspirator statements than it is obligated to exhaustively detail for the defense the basis for offering any other type of witness statement contained in the Jencks Act material it has produced. Such an obligation would extremely burdensome and is both without precedent and entirely unnecessary. The defense team has ample resources to review the Government's disclosures and file any motions they wish to make regarding the admission of certain testimony. And there is ample time before trial for the defense to do so, and no basis in the record to believe the defense will be unable to raise these issues and seek a ruling before trial.
+
+The defense argues that the Court did order the Government to itemize co-conspirator statements contained in its Jencks Act production. In support, however, the defense cites to orders relating to the disclosure of the identities of co-conspirators. (Compare Def. Mot. 1 at 2 (citing Dkt. No. 317 at 12 n.1) and Def. Mot. 1 at 3 (citing Dkt. No. 335 at 3) (stating that the Court rejected the defendant's arguments "because of `the need for the parties to litigate co-conspirator issues in advance of trial" (emphasis in Def. Mot. I)), with Op. & Order at 12 n.1, Dkt. No. 317 ("Additionally, Maxwell includes in her motion for a bill of particulars a request to require the government to identify the unnamed co-conspirators who allegedly participated in the conspiracies charged in the S2 indictment."), and Order at 3, Dkt. No. 335 (following the above sentence with "In light of the interests discussed above .. . the Court will require the Government to disclose the identities of any unnamed co-conspirators . . . .").
+
+The defense also argues that failure to provide an index of co-conspirator statements permits "the presentation of false testimony" and is "an invitation to manufacture evidence," because a witness will offer a co-conspirator statement for the first time. (Def. Mot. 1 at 4). This argument is nonsensical and offensive. It is deeply unfortunate that defense counsel would so casually resort to baseless allegations that the Government would manufacture evidence and present false testimony at trial. And in any event, the Government produced to the defense Jencks Act material containing co-conspirator statements in its possession on October 11 and will continue to make Jencks Act productions as it prepares for trial. To the extent the defense is concerned that a witness will say something on the stand for the first time, the Government cannot disclose that in advance because no lawyer can know a witness's verbatim answer in advance. But were that to occur, the defense would be well positioned to cross-examine the witness.15
+
+15 The defendant's motion also makes the puzzling argument that co-conspirator statements are problematic in this case because the defense is limited in its ability to call co-conspirators to testify as defense witnesses. (De£ Mot. 1 at 4). That is true in essentially every criminal case, as the Court has previously noted. (See Op. & Order at 17-18, Dkt. No. 207 ("There are also serious doubts under all of the relevant circumstances that a jury would have found testimony from Epstein credible even if he had waived his right against self-incrimination and testified on her behalf.")). In any event, to the extent the defense takes issue with the rule that co-conspirator statements can be admitted without requiring the declarant to testify, that complaint is properly directed to the drafters of the Federal Rules of Evidence.
+
+Even if the Government has misread the Court's order, the defense's claims of prejudice are exaggerated. Although the defense complains that the Government seized "multiple electronic devices" containing "hundreds of thousands of statements spanning decades" (Def. Mot. 1 at 3), any statements contained in emails or other documents that the Government plans to use at trial have been marked as Government exhibits and produced to the defense. The defense need look no further than the Government's exhibit list to discover what documents will be offered at trial. Similarly, although the defense complains of "document dumps" (id. at 2) and the need to review "thousands of pages of newly provided discovery material" (id. at 7), any witness testimony containing co-conspirator statements is contained in the Government's Jencks Act production and specifically, the Government's production of material for testifying witnesses. Although the Government produced as a courtesy prior statements of non-testifying witnesses, by definition the Government does not plan to call those individuals at trial. And the Government has informed the defense of the limited number of co-conspirators to whom it may refer at trial, so the defense knows exactly which declarants' statements are possibly subject to the co-conspirator exception. See Fed. R. Evid. 801(d)(2)(E).16
+
+Finally, and in any event, suppression is not a proper remedy. The defense relies principally on Taylor v. Illinois, 484 U.S. 400 (1988), in which the Supreme Court upheld an order
+
+16 To be clear, the defendant's motion concerns the admission of statements under Rule 801(d)(2)(E). The majority of the statements made by co-conspirators that will be offered at trial have other bases for admissibility. For example, witnesses will testify regarding promises, offers, instructions, and directions they received from Epstein. Those statements are not factual assertions subject to hearsay rules. Rather, they are offered for the effect on the listener, among other reasons.
+
+excluding the testimony of a defense witness as a sanction for counsel's (i) noncompliance with a discovery rule that required notice of intention to call the witness, and (ii) misleading the court concerning his knowledge of the witness's whereabouts. The Supreme Court found the discovery violation was "both willful and blatant." Id. at 416. Taylor does not support the defense's position. The defense, citing Taylor, accuses the Government of willfully violating the Court's September 3, 2021 Order. (See Def. Mot. 1 at 6-7; see id. at 3 (accusing the Government of "attempting to overstuff an already full sandbag")). The Government did no such thing. The Government has simply read the word "disclose" to mean "disclose," consistent with the uniform practice in this District. The defense's accusations are baseless and offensive.
+
+The defense has all of the co-conspirator statements the Government plans to use at trial. They have these records "unusually early"—seven weeks before trial. (Endorsed Letter at 3, Dkt. No. 353). The defense also knows the identities of the limited number of co-conspirators to whom the Government may refer at trial, a highly unusual circumstance that makes the defense's task even easier. And they are free to litigate the admissibility of any such statement during trial. The Government has complied with its obligations, and the defense is fully equipped to prepare for trial. The Court should deny the motion.
+
+### V. There is No Basis to Suppress Minor Victim-4's Identification of the Defendant
+
+The defendant claims that Minor Victim-4's identification of her was unduly suggestive and should be suppressed. (Def. Mot. 9). That argument finds support in neither fact nor law. Minor Victim-4 knew the defendant personally, and she has consistently described the defendant for decades. The identification was not suggestive, and the motion should be denied.
+
+# A. Background
+
+As set forth in Counts Five and Six of the Indictment, Minor Victim-4 was trafficked by the defendant and Jeffrey Epstein from approximately 2001 to 2004. (Indictment ¶¶ 22-27). During that time, Minor Victim-4 personally interacted with the defendant—for instance, the defendant paid Minor Victim-4 following Minor Victim-4's sexual encounters with Epstein. (Id. 25(a)).
+
+In 2007, Minor Victim-4 was interviewed by the Federal Bureau of Investigation. In that interview, she described meeting "an older lady with short black hair and an unknown accent"—a description that is consistent with the defendant's appearance—at her first meeting with Epstein. In\_ Minor Victim-4 was deposed, during which she explained that she sometimes called the house to get work, and she would talk to an employee or "Maxwell." Later in the deposition, she added that the same employee or "Maxwell" would contact her when Epstein wanted her to come.
+
+This Office first interviewed Minor Victim-4 in July 2020. During that meeting, Minor Victim-4 spoke about her many interactions with the defendant. She did so again at the Government's meetings with her in August 2020, and at multiple meetings in January 2021.
+
+The Government met Minor Victim-4 again in June 2021 for several meetings. During one of those meetings, the Government showed Minor Victim-4 a photo book containing 20 photos. The Government asked Minor Victim-4 to review each photograph in the book and to indicate whether she recognized anyone in the book. The Government explained that just because someone is in the book, it does not mean that Minor Victim-4 knowns that person or that the person is in trouble. The Government instructed Minor Victim-4 just to let the Government know if she recognized anyone.
+
+Minor Victim-4 identified photots possibly depicting the defendant, but indicated that she was not sure. When she reached photo'. Minor Victim-4 said it depicted the defendant. After completing her review of the book, Minor Victim-4 returned to compare photosil and she confirmed that she believed photalwas a photo of the defendant, and she was not sure whether she knew the person in photon--
+
+### B. Applicable Law
+
+As a general matter, the Constitution "protects a defendant against a conviction based on evidence of questionable reliability, not by prohibiting introduction of the evidence, but by affording the defendant means to persuade the jury that the evidence should be discounted as unworthy of credit." Perry v. New Hampshire, 565 U.S. 228, 237 (2012). Eyewitness identifications should therefore be excluded only where "improper police conduct" occurred that was "so unnecessarily suggestive as to give rise to a very substantial likelihood of irreparable misidentification." Id. at 238-39; see Manson v. Brat Waite, 432 U.S. 98,112-14 (1977); Simmons v. United States, 390 U.S. 377, 384 (1968).
+
+Federal courts follow a two-step analysis in ruling on the admissibility of identification evidence. Perry, 565 U.S. at 238-40; Brisco v. Ercole, 565 F.3d 80, 88 (2d Cir. 2009). First, the defendant must show that the identification was "so unnecessarily suggestive and conducive to irreparable mistaken identification that [the defendant] was denied due process of law." United States v. DiTommaso, 817 F.2d 201, 213 (2d Cir. 1987) (citation and internal quotation marks omitted); see Raheem v. Kelly, 257 F.3d 122, 134 (2d Cir. 2001). This is a high threshold to meet, as the defendant must show that, under the totality of the circumstances, there is "a very substantial
+
+likelihood of irreparable misidentification." United States v. Maldonado-Rivera, 922 F.2d 934, 973 (2d Cir. 1990). If the defendant cannot make such a showing, "the trial identification testimony is generally admissible without further inquiry into the reliability of the pretrial identification. In that circumstance, any question as to the reliability of the witness's identifications goes to the weight of the evidence, not its admissibility." Id.
+
+Second, an unduly suggestive identification procedure does not alone require suppression of the identification evidence. See Brathwaite, 432 U.S. at 110-14. Instead, the court must then determine whether the identification evidence is nevertheless "independently reliable" based on the totality of the circumstances. Brisco, 565 F.3d at 89; United States v. Simmons, 923 F.2d 934, 950 (2d Cir. 1991) ("[E]ven a suggestive out-of-court identification will be admissible if, when viewed in the totality of the circumstances, it possesses sufficient indicia of reliability."). Among the factors to be considered are: "the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation." Neil v. Biggers, 409 U.S. 188, 199-200 (1972). No single factor is dispositive. See Kelly, 257 F.3d at 135.
+
+#### C. Discussion
+
+There was nothing unduly suggestive about the identification procedure used here. Accordingly, there is no basis to suppress Minor Victim-4's identification of the defendant, and Minor Victim-4 should be permitted to identify the defendant at trial.17
+
+First, the identification procedure was not suggestive because it was merely a "confirmatory identification" of a person Minor Victim-4 had known and identified by name over the years. There is no "improper police conduct" creating a "substantial likelihood of identification" by showing a person in that position even a single photograph, much less a photo array or photo book. See, e.g., United States v. Hardy, No. 10 Cr. 1123 (JSR), 2011 WL 7782582 (S.D.N.Y. Jan. 25, 2011) ("Displaying a confirmatory photograph of a person the witness has indicated that he already knows is perfectly acceptable."); Gilbert v. Sup't of Collins Corr. Fac., No. 03 Civ. 3866 (LBS), 2004 WL 287683, at \*8 (S.D.N.Y. Feb. 11, 2004) (upholding confirmatory identification following street canvass on the grounds that 'police suggestiveness does not require suppression of an identification if the witness was not thereby influenced, as, for example, when the witness's identification was already positive.'" (quoting Jarrett v. Headley, 802 F.2d 34, 41-42 (2d Cir. 1986))); see also, e.g., Franco v. Lee, No. 12 Civ. 1210 (SJF), 2013 WL 704655, at \*10 (E.D.N.Y. Feb. 26, 2013) ("In cases in which the defendant's identity is not in issue, or those in which the protagonists are known to one another, suggestiveness is not a concern
+
+17 Even if the Minor Victim-4's identification of the defendant were suppressed, that would not preclude Minor Victim-4 from testifying about her abuse and the name and physical description of the person involved.
+
+and the identification is merely confirmatory." (citation and internal quotation marks omitted)); Stallings v. Wood, No. 04 Civ. 4714 (RLM), 2006 WL 842380, at \*11 (E.D.N.Y. Mar. 27, 2006) (collecting cases).
+
+Minor Victim-4's personal knowledge of the defendant is well established. The defendant and Minor Victim-4 met in person and interacted multiple times between 2001 and 2004. Minor Victim-4 then mentioned the defendant by description or by name in 2007, 2009, 2020, and 2021, all prior to being shown the photo book. And the circumstances of the identification were not suggestive. Minor Victim-4 was shown 20 photos
+
+She was not asked to locate the defendant, or asked whether a particular photo depicted the defendant, but just whether she recognized anyone, although she was told that she was not expected to recognize someone just because their photo was in the book. And, indeed, Minor Victim-4 said she did not recognize some photos in the book. Regarding the defendant specifically, Minor Victim-4 carefully considered whether a different photo depicted the person she believed to be the defendant before seeing and selecting a photo of the defendant. This procedure was cautious and not suggestive—much less unduly suggestive.
+
+The reality is straightforward: Minor Victim-4 knows exactly who the defendant is and confirmed that the person in the photograph was the defendant. In response, the defense argues that the photo "looks like a mug shot" and "is different than the others." (Def. Mot. 9 at 3). Of course, as is often the case with photo arrays or photo books, all of the photos generally resemble mug shots, so there is nothing suggestive about the fact that the defendant's photo does. And it is not in fact different from the others: While the defendant's photo is lower resolution than some,
+
+there are several similar quality photos in the book. (See Ex. A, photosi ). In any event, these highly conclusory statements fall well short of transforming the careful confirmatory identification used in this case into an unduly suggestive procedure. The motion to suppress should be denied on this basis, and the identification should be admitted at trial, where the defendant will have a full opportunity to contest the persuasiveness of that evidence through cross-examination and attorney argument. See Maldonado-Rivera, 922 F.2d at 973 (where there has been no showing of suggestiveness, "any question as to the reliability of the [identification] goes to the weight of the evidence, not its admissibility").
+
+Even if the "confirmatory identification" procedure was impermissibly suggestive as the defendant claims, which it was not, Minor Victim-4's identification had clear independent reliability because Minor Victim-4 stated that she knew the defendant by name from previous interactions. For example, in Wiggins v. Greiner, the Second Circuit declined to address a disputed question about a confirmatory identification's suggestiveness because the independent basis for the in-court identification was so clear. See Wiggins, 132 F. App'x 861, 864-66 (2d Cir. 2005) (witness saw defendant at distance of 50 feet under "streetlight illumination" but was familiar with defendant from seeing him previously in neighborhood); accord United States v. Lumpkin, 192 F.3d 280, 288 (2d Cir. 1999) (officers' in-court identifications reliable where officers had unobstructed views of the defendant selling narcotics on two occasions, one of which was during daylight at close range); United States v. Crumble, No. 18 Cr. 32 (ARR), 2018 WL 1737642, at \*2 (E.D.N.Y. Apr. II, 2018) (collecting cases finding that "in-court identification is [] admissible, despite an improper pre-trial identification procedure, if the witness is familiar with the defendant
+
+prior to the incident," or alternatively, if "if a witness gets a good look at the defendant during the course of a crime"); United States v. Reed, No. II Cr. 487 (RJS), 2012 WL 2053758, at \*5 (S.D.N.Y. June 6, 2012) (noting that a "witness's familiarity with a suspect may establish that the identification . . . is independently reliable").
+
+This is not a crime in which a victim captures a fleeting glance of the perpetrator. Minor Victim-4 interacted with the defendant personally on multiple occasions between 2001 and 2004. She knew the defendant by name and gave a description. In the totality of the circumstances, it is plain that Minor Victim-4's identification of the defendant is sufficiently independently reliable to permit the jury to decide its persuasiveness.
+
+The defense merely replies, again in conclusory fashion, that Minor Victim-4 (1) never identified the defendant as an abuser, (2) did not have an opportunity to view her during the crime because the defendant was not involved in a crime, (3) never described the defendant, and (4) the time between the abuse and the identification was extraordinarily long. (Def. Mot. 9 at 4). The first three of these points are inaccurate, as set forth above. And the delay in time is untroubling given Minor Victim-4's contacts with the defendant and consistent references in the intervening time. The defense is free to attempt to argue these points to the jury, but none of these arguments supports a motion to suppress Minor Victim-4's identification of the defendant.
+
+Minor Victim-4 knows who participated in the sexual abuse she experienced, as she has for the decades since it happened. This Court should deny the motion.
+
+#### VI. The Court Should Deny the Defense Motions to Preclude the Government's Exhibits
+
+The defense has filed several motions to preclude certain Government exhibits. (Def. Mots. 7, 8, and 13). The Court should deny the defense authentication arguments without prejudice because the Government expects its witnesses will be able to authenticate the exhibits at trial before it offers them. The defendant's arguments regarding relevance and Rule 403, however, are meritless, and the Court should deny them.
+
+### A. Applicable Law
+
+In general, "[t]o satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is." Fed. R. Evid. 901(a). The Second Circuit has made clear that "the bar for authentication of evidence is not particularly high." United States v. El Gamma!, 831 F. App'x 539, 542 (2d Cir. 2020) (summary order) (quoting United States v. Gagliardi, 506 F.3d 140, 151 (2d Cir. 2007)). Rule 901 is "satisfied if sufficient proof has been introduced so that a reasonable juror could find in favor of authenticity or identification," El Gamma!, 831 F. App'x at 542 (quoting United States v. Tin Yat Chin, 371 F.3d 31, 38 (2d Cir. 2004)), and such "proof of authentication may be direct or circumstantial," United States v. Al-Moayad, 545 F.3d 139, 172 (2d Cir. 2008) (citations and internal quotation marks omitted).
+
+For instance, in United States v. Al Farekh, 810 F. App'x 21 (2d Cir. 2020) (summary order), the defendant challenged the authenticity of "handwritten letters that were found in a USB drive that was handed to an agent of the Federal Bureau of Investigation in Afghanistan." Id. at 24. The Second Circuit rejected the challenge. "Although the Government did not present
+
+evidence regarding the circumstances surrounding the seizure of the USB drive, Federal Rule of Evidence 901(b)(4) permits authentication based on `[t]he appearance, contents, substance, internal patterns, or other distinctive characteristics of the item, taken together with all the circumstances.'" Id. (alteration in original) (quoting Fed. R. Evid 901(b)(4)). Witness testimony about the content of the letters was "sufficient to pass the relatively low bar for authentication of evidence," and "any remaining questions as to the reliability of the letters go to their evidentiary weight, not their admissibility." Id. at 24-25.
+
+Similarly, although physical evidence may be authenticated through a chain of custody, "any flaws in the chain of custody bear only on the weight of the evidence, and not on its admissibility." United States v. Stuckey, No. 06 Cr. 339 (RPP), 2007 WL 2962594, at \*7 (S.D.N.Y. 2007) (citing United States v. Morrison, 153 F.3d 34, 57 (2d Cir. 1998)); see also United States v. Hemmings, 482 F. App'x 640, 643 (2d Cir. 2012) (summary order) (similar). "Evidence should be excluded on a motion in limine only when the evidence is clearly inadmissible on all potential grounds." United States v. Cilins, No. 13 CR. 315 (WHP), 2014 WL 173414, at \*2 (S.D.N.Y. Jan. 15, 2014) (citation and internal quotation marks omitted).
+
+### B. Discussion
+
+The defense's challenges to the Government's exhibits largely turn on the Government's ability to authenticate them. Those arguments are premature. At trial, the Government expects that witnesses familiar with the exhibits will testify that the items are what the Government claims they are. The defendant is not entitled to a preview of the Government's case-in-chief at this juncture.
+
+First, the defendant moves to exclude Government Exhibit 52, which it says was obtained by the Government "as part of discovery in v. Maxwell civil litigation . . . with no explanation about its origin." (Def. Mot. 7 at 1). The defendant misidentifies the exhibit. Government Exhibit 52 is a physical contact book belonging to the defendant. The records attached by the defense as Exhibit 1 appear to be a scan of Government Exhibit 52 that was produced in discovery in v. Maxwell. But the Government will not offer that scan at trial. It will offer the physical book itself, along with scans taken by the Government of the physical book. A witness with personal knowledge of the physical book is expected to testify to its authenticity.
+
+The defendant takes issue with the history of the Government's acquisition of Government Exhibit 52. The defendant is correct that the Government came into custody of this exhibit after a former employee of Jeffrey Epstein attempted to sell it to a civil lawyer suing Epstein. (Id.). The defense calls this "particularly troubling" (Def. Mot. 7 at 2), but that argument is misplaced. How the Government acquired the exhibit goes, if anything, to its weight and not its admissibility. If a witness can identify the exhibit based on its contents, that is sufficient to pass the relatively low bar for authentication of evidence." See AI Farekh, 810 F. App'x at 24-25.
+
+Finally, the defendant argues that the contents of Government Exhibit 52 are hearsay because they are not a business record. (Def. Mot. 7 at 4-6). The exhibit is separately admissible not for the truth of the matters asserted therein (such as the accuracy of the contact information for victims), but to establish that the defendant kept contact information for relevant individuals at trial, including victims. The exhibit has evidentiary value in showing that the defendant
+
+maintained a contact book containing what purports to be this list of names and associated contact information.
+
+*Second*, the defendant moves to preclude any items seized during the 2005 search of Epstein’s home in Palm Beach, Florida. The defense claims, in a conclusory fashion, that “no witness has sufficient personal knowledge about the proposed exhibits” to demonstrate authenticity, because “the evidence collection and retention in this matter is an unreliable mess.” (Def. Mot. 8 at 3-5). The defense further speculates that the Government intends to offer these exhibits without any testimony about their authenticity, in part because the original custodian—Detective [REDACTED]—is dead. (*Id.* at 4-5). The defense is mistaken. The Government intends to call live witnesses to establish the authenticity of the evidence at trial.18
+
+*Third*, the defendant argues that the photographs in Government Exhibit 251 and 288 are irrelevant. (Def. Mot. 13 at 2). [REDACTED]
+
+[REDACTED]
+
+---
+
+18 As to Government Exhibit 295 specifically, that exhibit was written by both Detective [REDACTED] and another witness who is expected to testify at trial. The exhibit is primarily marked for identification, although portions of that document may be offered as a past recollection recorded by that other witness. See Fed. R. Evid. 803(5). The Government will not offer statements from Detective [REDACTED]
+
+Fourth, the defendant argues that Government Exhibit 294 is irrelevant. (Def. Mot. 13 at 2-3). Government Exhibit 294 displays a box containing "Twin Torpedos"-sex toys-seized during the search of Epstein's Palm Beach house. This photograph is corroborative of witness testimony, which is expected to describe the presence of sex toys and that the defendant and Epstein used sex toys during their abuse.
+
+Fifth, the defendant argues that Government Exhibit 313 is irrelevant. (Def. Mot. 13 at 2- 3). Government Exhibit 313 is a photograph of the defendant and Epstein swimming together while nude. This evidence corroborates witness testimony expected at trial, which will describe topless swimming in the pool at Epstein's Palm Beach House. It is also relevant to the relationship between the defendant and Epstein. For instance, to the extent the defense at trial argues that the defendant was merely an employee of Epstein's, this photograph is evidence to the contrary.
+
+Sixth, the defense argues that Government Exhibit 606 lacks evidentiary foundation, is hearsay, and is irrelevant because it was created after the events alleged in the Indictment. (Def. Mot. 13 at 2-3). Government Exhibit 606 is a manual governing the operations of the Palm Beach house. A witness at trial is expected to authenticate this document and explain that it was the version in effect at the house in 2005. Another witness is expected to testify about the rules in effect in the Palm Beach household during the time period of the charged conduct; those rules are
+
+consistent with the rules in this exhibit.19 The relevance of the document is self-evident: among other things, it directs employees to "see nothing, hear nothing, say nothing." (GX 606 at 4). It is not prejudicial as to her "lifestyle" (Def. Mot. 13 at 3), because the July will already hear testimony about her and Epstein's various properties, private jet, and employees. And the document is not hearsay, because the statements are being offered as instructions to staff, not for the truth of the matter asserted.
+
+As described above, each of these exhibits is highly relevant, not hearsay or subject to a hearsay exception, and can be authenticated at trial. The Court should deny the defense's motion regarding relevance and Rule 403, and deny the motion regarding authentication with leave to renew it at trial.
+
+# VII. There is No Basis to Preclude Discussion of "Victims" or Rape
+
+Citing no case in the federal system, the defendant moves to preclude any trial participants from referring to the Minor Victims as Victims. The defendant also moves to preclude testimony concerning a rape committed by Jeffrey Epstein against one of the Minor Victims. Both of these motions lack merit, and they should be denied.
+
+### A. References to Victims
+
+° Here and elsewhere (see, e.g. Def. Mot. 2 at 3-4), the defense argues that evidence that postdates the time period of the conspiracy is irrelevant. That is incorrect. What matters is whether the evidence tends to make a fact of consequence more or less probable. If, for instance, there is evidence showing that Epstein and the defendant were extremely close partners in 2005, that tends to make it more probable that they had such a relationship in 2004, during the time period of the conspiracy. It is therefore highly relevant.
+
+The defendant moves to preclude any trial participants from using the word "victim" to refer to any of the Minor Victims. The Government expects that it will use the word "victim," particularly in jury addresses, but such use is not improper vouching or prejudicial to the defense. The Government also expects its expert to use the word "victim," but she will testify about victims generally and not any victims in this case specifically. The Government does not otherwise expect its witnesses to use the word - victim." To the extent they do, however, it is not prejudicial to the defense.2°
+
+The defendant cites no federal case that has accepted its argument. Nor does this argument make sense. The erroneous premise in the defense argument is that referring to someone as a "victim" "necessarily conveys the speaker's opinion that a crime in fact occurred and that the accusers are credible." (Def. Mot. 12 at 1). That is incorrect. The Government's references to "victims" are part of its theory of the case. Use of that term in a jury address is not an expression of counsel's opinion; it is the Government's litigating position, just like referencing someone as the "shooter" in a shooting case or the "dealer" in a narcotics case. See United States v. Arias-Javier, 392 F. App'x 896, 898 (2d Cir. 2010) (summary order) ("The prosecutor is permitted vigorously to argue for the jury to find its witnesses credible as long as it does not link its own credibility to that of the witness or imply the existence of extraneous proof supporting the witness's
+
+2°Notably, the defense motion is entirely premised on the notion that the parties disagree about whether the Minor Victims are in fact victims of any crime. If the defense concedes at any point that the Minor Victims are victims of any crime—for example, if the defendant concedes the victims were abused by Epstein but disclaims knowledge or involvement—their argument in support of this motion collapses entirely. (Del Mot. 12 at 1 (contrasting this case with cases in which "there is no dispute that the person was a victim of something")).
+
+credibility."). Prosecutors are simply using a term that is consistent with the Government's theory of the case. See United States v. Edwards, No. CR 16-103-BLG-SPW-1, 2017 WL 4159365, at \*I (D. Mont. Sept. 19, 2017) (explaining that "use of the term `victim' is not prejudicial to the defendant's rights when the presentation of evidence taken as a whole clarifies the government's burden of proving all of the elements of the crime" and finding that the "jury will not be unduly prejudiced against [the defendant] if the government refers to certain witnesses as victims"); (citing United States v. Washburn, 444 F.3d 1007, 1013 (8th Cir. 2006) ("[A] number of courts have determined that the use of the term "victim" in jury instructions is not prejudicial to a defendant's rights when, as is the case here, the instructions taken as a whole clarify the government's burden of proving all elements of the crime")); Server v. Mizell, 902 F.2d 611, 615 (7th Cir. 1990) ("No logical argument can be made that the mere use of the term `victim' [injury instructions] somehow shifted the burden of proof."). In addition, "[t]he term `victim' is not inherently prejudicial. It is a term commonly used in the English language that does not by its nature connote guilt." United States v. Lussier, No. 18-CR-281 (NEB), 2019 WL 2489906, at \*5 (D. Minn. June 15, 2019).2' And just as the defense may make arguments attacking the credibility of victims, the Government is free to argue that these witnesses are, in fact, victims of a crime. Cl United States v. Thai, 29 F.3d 785, 807 (2d Cir. 1994) (explaining that prosecutors may also "respond to an argument that impugns its integrity or the integrity of its case").
+
+21 The same is true with references by the Government to "minor victims." (Cf. Def. Mot. 12 at 4- 5). The Government does not expect any other trial participant to use the phrase "minor victims."
+
+Witnesses may also reference "victims." But the only witness the Government expects to use the term "victim" is its expert, Dr. And Dr. will not be testifying about the defendant or the Minor Victims in this case, but about victims of sexual abuse generally. Accordingly, she is not vouching for the credibility of anyone in this case, or presuming anything about the truth or falsity of any accusations.
+
+To the extent other Government witnesses use the term "victim," however, it would not be prejudicial to the defense. The limitation on improper vouching applies to the prosecutor, not to Government witnesses, as even one of the defendant's cases acknowledges. See Jackson v. State, 600 A.2d 21, 25 (De. 1991) ("The opinion does not state, nor does it imply, that the use of the term `victim' by witnesses, as a term of art or in common parlance, is a basis for objection."). In particular, some of the witnesses who may use the word "victim" are the Minor Victims themselves, who are testifying about their subjective experiences. It is not prejudicial to the defense for someone who considers herself a victim to testify as much?
+
+Here, as with other motions, the defendant requests an extraordinary order not seen in other cases in this District. That request lacks merit, and the Court should deny it.
+
+### B. Evidence of Rape
+
+The Government expects that at least one minor victim may describe being raped by Jeffrey Epstein. If that testimony is offered, it is directly relevant to issues before the jury. The defendant and Epstein are charged with transporting minors, enticing minors, or trafficking minors with the
+
+22 The Government defers to the Court on how it would like to refer to the Minor Victims. It notes, however, that "Accuse?' is an alternative that is prejudicial to the Government.
+
+intention that they would engage in illegal or commercial sex acts, and conspiring to do, and aiding and abetting, the same. These events occurred during an ongoing course of conduct, in some instances during multi-year relationships. The ongoing relationships between the defendant, Epstein, and the victims is directly relevant, and the victims' accounts of these events are necessary to complete the story of the crime on trial. Indeed, given the complex relationships between victims and their abusers, these events are integral to the relationships that will be at the heart of the trial. The defendant repeatedly claims that there is no evidence she participated in or was aware of a rape specifically (Def. Mot. 11 at 1-2), but defense arguments about her knowledge and involvement are for the jury.
+
+The defense argues that the Indictment does not allege that Epstein raped anyone, and so the rape is irrelevant. (Def. Mot. 11 at 2). That is a non sequitur. Indictments are not documents that contain all of the Government's evidence, and the defense cites no authority for the puzzling argument that witnesses cannot testifying using words that are not contained in an indictment. To the extent the defense understands the Indictment to allege only conspiracies to arrange for sexualized massages for Epstein (id. at 3), the defense is mistaken. The Indictment charges the defendant with conspiracies to arrange for "sexual activity" (Indictment ¶¶ 12, 18) and "a commercial sex act" (Id. ¶ 24).
+
+The defense also argues that evidence of a rape does not satisfy Rule 403 balancing, because evidence of a rape is "highly emotional and inflammatory." (Def. Mot. 11 at 3). This conclusory claim is insufficient to show prejudice to the defense. Testimony from victims in sex crimes trials can be very emotional when describing their abuse and the perpetrator. But that evidence—including evidence of rape, where it occurs-is the core conduct in the case. See, e.g., United States v. English, No. 18 Cr. 492 (PGG), 2020 WL 7773606, at \*10 (S.D.N.Y. Dec. 30, 2020) (describing evidence of rape in a trial for sex trafficking of minors); United States v. Graham, No. 14 Cr. 500 (NSR), 2015 WL 6161292, at \*8 (S.D.N.Y. Oct. 20, 2015) (concluding, in response to the argument that "rape" is a legal term, "there is a "critical distinction between a patient telling a physician that she `had intercourse with three men' and a patient telling the physician that she was 'raped' by three men."). Its probative value is certainly not outweighed by any unfair prejudice. Nor is it the case that evidence of a rape—especially at the level of abstraction described by the defense-is significantly more inflammatory than the charged crime: the sexual abuse of minors.
+
+In the event that a Minor Victim testifies that Epstein raped them, it is part of the charged conspiracy in this case, and it should be admitted.
+
+### VIII. The Remaining Defense Motions are Aimed at Evidence the Government Does Not Plan to Elicit
+
+Three of the defense motions are aimed at precluding the Government from offering evidence it does not intend to offer at trial.
+
+First, the defense seeks to preclude the Government from arguing that the defendant was hiding from, evading, or fleeing from law enforcement between Epstein's arrest and her own. (Def. Mot. 5 at 1). The Government's view remains that such conduct reflects the defendant's consciousness of her guilt (see id. at 2 (citing multiple Government filings)), and the Government does not agree that such evidence lacks an adequate factual basis or is inadmissible under Rule 403. (See id. at 6-9). However, the Government does not intend—and so will agree not to offersuch evidence in its case-in-chief, unless the defendant opens the door to this evidence or otherwise puts it at issue at trial. Furthermore, if the defendant testifies, the Government may cross-examine the defendant about this conduct, depending on the scope of her direct examination. But the Government will not affirmatively offer this evidence in its case-in-chief.
+
+The same is true for the defense motion to exclude evidence of the defendant's false statements in her 2016 depositions. (Def. Mot. 6 at I). Although false exculpatory statements are admissible as proof of a defendant's consciousness of guilt (see Gov't Opp. at 142-43, Dkt. No. 204 (citing, e.g., United States v. Anderson, 747 F.3d 51, 60 (2d Cir. 2014)), the Government does not intend—and so will agree—not to offer this information as part of its case-in-chief, unless the defense opens the door or otherwise puts these statements at issue. However, the Government may offer these statements in rebuttal to defense arguments. Moreover, the defendant's prior statements are of course appropriate material for cross-examination of the defendant. The Government also consents to the defense request to redact the perjury counts from the Indictment. (Def. Mot. 6 at 6).
+
+Finally, the defense seeks to preclude the Government's law enforcement witnesses from offering expert testimony. (Def. Mot. 10 at 5). The defense appears to take an improperly broad view of the scope of expert testimony.23 However, the Government has not noticed the three law
+
+23 For instance, the defense, citing United States v. Garcia, 413 F.3d 201 (2d Cir. 2005), makes the sweeping claim that "any opinion testimony" based on those three law enforcement witnesses' "specialized 'training and experience' is expert opinion testimony subject to Rule 702 and Rule 16(1)(G) and is inadmissible at trial." (Def. Mot. 10 at 4 (emphasis in original)). But in Garcia, the Second Circuit simply held that an undercover law enforcement agent could not testify as lay opinion that, based on his knowledge from other drug interdiction cases, the defendant was a
+
+enforcement officers identified by the defense as experts and will not elicit expert testimony from them. Those witnesses are being called as fact witnesses to describe, for instance, the execution of a search and evidence seized during that search.'
+
+#### CONCLUSION
+
+For the reasons set forth above, the Government respectfully requests that the Court deny the defendant's motions in limine.
+
+Dated: October 25, 2021 New York, New York
+
+Respectfully submitted,
+
+DAMIAN WILLIAMS United States Attorney for the Southern District of New York
+
+By: /s/
+
+MIE
+
+Assistant United States Attorneys
+
+partner in the narcotics distribution conspiracy. Garcia, 413 F.3d at 216. That is distinguishable from cases where, as expected here, witnesses testify based on their personal involvement in certain investigative steps.
+
+24 It bears noting that the defense's motion is expressly concerned about testimony from case agents (Def. Mot. 10 at 5 n.2), and testimony about "the case, its origins, and the investigation" (id. at 3), which it considers to be improper expert testimony. The Government has moved to preclude the defense from offering such evidence, including by calling the case agents identified in its Touhy notice. (See Gov't Motions in Limine Section III). Accordingly, if the defense plans to call case agents for such testimony—which the Court should preclude—the defense must provide expert notice of such testimony.
\ No newline at end of file
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+From: To: ' (USANYS)" <1 (USANYS)" <1
+
+Subject: FW: U.S. v. Maxwell, Case No. 20 Cr. 330 (AJN) [Ms. Maxwell's Response to Government's Omnibus Motions in Limine]
+
+Date: Tue, 26 Oct 2021 13:08:29 +0000
+
+Attachments: 2021.10.25\_Maxwell's\_Respons\_to\_Governmenes\_Omnibus\_Motions\_in\_Limine.zip; Govt\_Omnibus\_Opp\_[Unredacted].pdf; Govt\_Exhibit\_A.pdf; Govt\_Exhibit\_B.pdf
+
+Inline-Images: unage001.jpg
+
+From:
+
+Sent: Tuesday, October 26, 2021 12:00 AM
+
+To: (USANYS) >; (USANYS)
+
+Cc: < (USANYS) <
+
+Subject: FW: U.S. v. Maxwell, Case No. 20 Cr. 330 (AJN) [Ms. Maxwell's Response to Government's Omnibus Motions in Limine]
+
+Hi Chiefs,
+
+Attached are their motions and the final version of ours, in case you'd like to see that.
+
+Thanks,
+
+From: Nicole Simmons
+
+Sent: Monday, October 25, 2021 11:50 PM
+
+To: 'Nathan NYSD Chambers' <
+
+Cc: Jeff Pagliuca Laura Menninger 2Centre for Research on Children and Families. School of Social Work, McGill University. Montreal. Qubec. Canada
+
+CSA to authorities and the high rates reported in prevalence studies. For example, a meta-analysis conducted by Stoltenborgh, van LIzendoom, Euser, and Bakermans-Kranenburg (2011) combining estimations of CSA in 217 studies published between 1980 and 2008 revealed rates of CSA to be more than 30 times greater in studies relying on self-reports (127 in 1,000) than in official report inquiries, such as those based on data from child protection services and the police (4 in 1,000) (Julian, Cotter, & Perreault, 2014; Statistics Canada 2013). In other words, while 1 out of 8 people retrospectively report having experienced CSA, official incidence estimates indicate only 1 per 250 children. In a survey of Swiss child services, Maier, Mohler-Kuo, Landholt, Schnyder, and Jud (2013) further found 2.68 cases per 1,000 of CSA disclosures, while in a recent comprehensive review McElvaney (2015) details the high prevalence of delayed, partial, and nondisclosures in childhood indicating a persistent trend toward withholding CSA disclosure.
+
+It is our view that incidence statistics are likely an underestimation of CSA disclosures, and this drives the rationale for the current review. Given the persistence of delayed disclosures with research showing a large number of survivors only disclosing in adulthood (Collin-Vezina et al., 2015; Easton, 2013; Hunter, 2011; McElvaney, 2015; Smith et al., 2000), these issues should be a concern for practitioners, policy makers, and the general public (McElvaney, 2015). The longer disclosures are delayed, the longer individuals potentially live with serious negative effects and mental health problems such as depression, anxiety, trauma disorders, and addictions, without receiving necessary treatment. This also increases the likelihood of more victims falling prey to undetected offenders. Learning more about CSA disclosure factors and processes to help advance our knowledge base may help professionals to facilitate earlier disclosures.
+
+Previous literature reviews examining factors influencing CSA disclosure have served the field well but are no longer current. Important contributions on CSA disclosures include Paine and Hansen's (2002) original review covering the literature largely from the premillennium era, followed by London, Bruck, Ceci, and Shuman's (2005) subsequent review, which may not have captured publications affected by "lag to print" delays so common in peer-reviewed journals. These reviews are now dated and therefore do not take into account the plethora of research that has been accumulated over the past 15 years. Other recent reviews exist but with distinct contributions on the dialogical relational processes of disclosure (Reitsema & Grietens, 2015), CSA disclosures in adulthood (Tener & Murphy, 2015), and delayed disclosures in childhood (McElvaney, 20I5). This literature review differs by focusing on CSA disclosures in children, youth, and adults from childhood and into adulthood—over the life course.
+
+# Method
+
+Kiteley and Stogdon's (2014) systematic review framework was utilized to establish what has been investigated in CSA
+
+disclosure research, through various mixed methods, to highlight the most convincing findings that should be considered for future research, practice, and program planning. This review centered on the question: What is the state of CSA disclosure research and what can be learned to apply to future research and practice? By way of clarification, the term systematic refers to a methodologically sound strategy for searching literature on studies for knowledge construction, in this case the CSA disclosure literature, rather than intervention studies. The years spanned for searching the literature were 2000-2016, building on previous reviews without a great deal of overlap. Retrieval of relevant research was done by searching international electronic databases: PsycINFO, PsycARTICLES, Educational Resources Information Center, Canadian Research Index, International Bibliography of the Social Sciences, Published International Literature on Traumatic Stress, Sociological Abstracts, Social Service Abstracts, and Applied Social Science Index and Abstracts. This review searched peerreviewed studies. A search of the gray literature (unpublished literature such as internal agency documents, government reports, etc.) was beyond the scope of this review because unpublished studies are not subjected to a peer-review process. Keyword search terms used were child sexual abuse, childhood sexual abuse, disclosure, and telling.
+
+A search of the 9 databases produced 322 peer-reviewed articles. Selected search terms yielded 200 English publications, I French study, and 1 Portuguese review. The search was further refined by excluding studies focusing on forensic investigations, as these studies constitute a specialized legal focus on interview approaches and techniques. As well, papers that focused exclusively on rates and responses to CSA disclosure were excluded, as these are substantial areas unto themselves, exceeding the aims of the review question. Review articles were also excluded. Once the exclusion criteria were applied, the search results yielded 33 articles. These studies were subjected to a thematic analysis as described by Braun and Clarke (2006). This entailed (I) multiple readings by the three authors; (2) identifying patterns across studies by coding and charting specific features; (3) examining disclosure definitions used, sample characteristics, and measures utilized; and (4) major findings were extrapolated. Reading of the articles was initially conducted by the authors to identify general trends in a first level of analyses and then subsequently to identify themes through a deeper second-level analyses. A table of studies was generated and was continuously revised as the selection of studies was refined (see Table 1).
+
+# Key Findings
+
+First-level analysis of the studies identified key study characteristics. Trends emerged around definitions of CSA disclosure, study designs, and sampling issues. First, in regard to definitions, the term "telling" is most frequently used in place of the term disclosure. In the absence of standardized questionnaires or disclosure instruments, telling emerges as a practical term more readily understood by study participants. Several
+
+**Table 1.** Ch d Sexua Abuse (CSA) D sc osure Stud es: 2000–2016.
+
+| Study | Purpose | Des gn | Samp e | Fnd ngs | Summary |
+|-----------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Gagn er and Co n-Véz na (2016) | To exp ore d sc osure processes for ma e v ct ms of CSA | Phenomeno og ca methodo ogy used to interv ew ma e CSA surv vors. The Long Interv ew Method (LIM) gu ded data co ect on and ana yses. | 17 men ranged n age from 19 to 67—average age 47. Purpos ve samp ng strategy was used | The major ty of the men n the study wa ted unt adu thood to d sc ose the r abuse, w th negat ve stereotypes contr but ng to the r de ayed d sc osures. Negat ve stereotypes contr buted to de ayed d sc osure w th try ng to forget. Break ng so at on was c ted as a mot vator to d sc osure a ong w th the a d of var ous forms of med a on d sc osure. Important contextua ssues such as negat ve stereotyp ng of ma es, sexua ty, and v ct ms were noted. Soc a med a was seen as a fac tator of d sc osures | A part c pants had d sc osed and rece ved serv ces before part c pat ng n the study. Member check ng cou d not be done w th the part c pants to check themes. Sma but suff c ent s ze for a qua tat ve nqu ry. Otherw se, h gh eve of r gor n estab sh ng trustworth ness of the data and ana ys s. Retrospect ve study cou d mp y reca ssues |
+| Braze ton (2015) | To exp ore the mean ng Afr can Amer can women make of the r traumat c exper ences w th CSA and how they d sc osed across the fe course | Co ect ve case study des gn w th us ng narrat ve trad t on (storyboard) for data co ect on and ana ys s. Qua tat ve interv ew ng | 17 Afr can Amer can women n m d- fe between 40 and 63 who exper enced ntrafam a CSA. Purpos ve, snowba ng strategy | CSA onset was arge y between the ages 5 and 9. No one ever ta ked to them about sex, so they d di'n have anguage to d sc ose. Barr ers: fear of fam y breakdown and remova, not want ng to tarn sh the fam y's name, and fear of retr but on by fam y members f they d sc osed. Pattern of st f ed and d sm ssed d sc osures dent f ed over the fe course. A 17 part c pants dent f ed sp r tua ty as a pr mary source of strength throughout the fe course | One of few stud es to focus exc us ve y on Afr can Amer can women. Sma but suff c ent s ze for a qua tat ve nqu ry. Important cu tura and contextua ssues were brought forward. Retrospect ve study that may have been affected by reca ssues. Use of a fe-course perspect ve as a theoret ca ens for understand ng CSA n the m dd e to ater years of fe that shou d be cons dered n further nvest gat ons |
+| Co n-Véz na, Sab onn, Pa mer, and M ne (2015) | To prov de a mapp ng of factors that prevent CSA d sc osures through an eco og ca ens from a samp e of CSA adu t surv vors. | Qua tat ve des gn us ng LIM. | 67 ma e and fema e CSA adu t surv vors (76% dent f ed as fema e and 24% as ma e). Age ranges from 19 to 69 years (M = 44.9). Purpos ve samp ng strategy | Three broad categor es were dent f ed as barr ers to CSA d sc osure. Barr ers from w th n- nterna zed v ct m b am ng, mechan sms to protect onese f, and mmature deve opment at t me of abuse; barr ers n re at on to others—v o ence and dysfunct on n the fam y, power dynam cs, awareness of the mpact of te ng, and frag e soc a network; barr ers n re at on to the soc a wor d abe ng, taboo of sexua ty, ack of serv ces ava ab e, and cu ture or t me per od. | Ha f of the part c pants had not d sc osed the r CSA exper ences before the age of 19. Retrospect ve aspect of the study cou d mp y reca ssues. A part c pants had d sc osed and rece ved counse ng at some before part c pat ng n the study. H gh eve of r gor n estab sh ng trustworth ness of the data and ana ys s |
+| Lec erc and Wort ey (2015) | Study object ves nvest gated the factors that fac tate CSA d sc osures | Adu t ma e ch d sexua offenders were interv ewed to exam ne pred ctors of | 369 adu t ma es who had been conv cted of a sexua offense aga nst a ch d aged between 1 | D sc osure increased w th the age of the v ct m: f penetrat on had occurred, f the v ct m was re ated to the offender, f the v ct m was not v ng w th the offender at | Offender generated data through se f-reports cou d be subject to cogn t ve d stort ons—m n m zat on or exaggerat ons. |
+
+Table I. (cont nued)
+
+| Study | Purpose | Design | Sample | Findings | Summary | |
+|----------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------|
+| McEvaney and Cuhane (2015) | To investigate the feasibility of using child assessments as data sources of information for CSA discipline. To assess fitness reports provide substantive data on disciplines | Field reports of children seen for assessment a child sexual abuse until na children's hospital were reviewed | Content analysis was completed on 39 fes (32 females and 7 males) based on a coding framework. Parents were asked to consent to have their child's field reviewed for the study. Victims assessed were 12–18 years of age | Majority of children to dither mothers (43%) and peers (33%) first. Three major themes were dentified as influencing the discipline process: (1) feeling distressed, (2) opportunity to tell, and (3) fears for self. Additional themes of being believed, shame/self-blame, and peer influence were also dentified | The sample size is small but we contribute to a large multitude of study in lire and. Serves as an important exploratory pilot bringing forward discipline themes for consideration interventions | Perspectives of offenders on vulnerability of victims in relation to discipline source could be important information to inform interventions |
+| Dumont, Messerschmitt, Vila, Bohu, and Rey-Salmon (2014) | This study alluded to explore how the relationship between the perpetrator and the victim, especially whether these relations are intrafamilial or extrafamilial, impact CSA discipline | Field reports of children seen for assessment a child sexual abuse until na children's hospital were reviewed | 220 million victims—78.2% female victims, 41.8% aged between 14 and 18 (most prevalent age range), and 48.2% were abused by a family member | Discipline processes were more complex when the concerned sexual abuse committed by intrafamilial perpetrator: 60% of the victims reveal the facts several years after, and most often to individuals outside the family (78.6% of the disciplines done at school); on the contrary, extrafamilial disciplines take place more spontaneously and quickly: 80% of the victims reveal the facts a few days after, most often to their mother or peers | The relationship with the perpetrator has a significant impact on both timing and recipient of discipline, with intrafamilial abuses leading to beliefs disclosed promptly and within the family system | The perspectives of offenders on vulnerability of victims in relation to discipline source could be important information to inform interventions |
+| Easton, Saltzman, and Wilson (2014) | Study focus was on dentification of barriers to CSA discipline with male survivors | Using qualitative content analysis, researchers conducted a secondary analysis of one interview data, the 2010 Health and Well-Being Survey, that included men with self-reported CSA histories with an open-ended term on discipline barriers | 460 men with CSA histories completed an anonymous, linternet-based survey. Recruited from survivors' organizations. Age range of 18–84 years. Two thirds of respondents reported clergy-related abuse. Majority of respondents were White | Vast majority of participants (94.6%) were sexually abused by another male. Duration of sexual abuse broke down into: 30.2% estimated at 32.3% months to 3 years, and 34.3% more than 3 years. Ten years old was average age of CSA onset. Ten categories of barriers were cassified into three domains: (1) sociopolitical: masculinity, military resources; (2) interpersonal: mistrust of others, fear of being able to "gay," safety and protection issues, past responses; and (3) personal: internal emotions, seeing the experience as sexual abuse, and sexual or emotion. | At time of the study, this was the largest qualitative data set to have been analyzed with an explicit focus on adult male survivors' perceptions of barriers to CSA discipline. Because the sample was militarian terms of the own percentage of racial mortalities (9.3%), discipline differences based on race or ethnicity were not discerned. The majority of abuse reported was by clergy which might present a unquestion of barriers to discipline | |
+
+Pt' Table I. (cont nued)
+
+| Study | Purpose | Design | Sample | Findings | Summary |
+|--------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Easton (2013) | Study purpose was to describe male CSA discourse processes using a felspan approach examining differences based on age. A so, to explore relationships between discourse attributes and men's mental health | Cross-sectional survey design. Eligible participants were screened and completed an anonymous, Internet-based survey during 2010. Measures used: General Mental Health Distress Scale and General Assessment of Individual Needs. Questions related to CSA discourse and supports were included | Purpose velocity of men from 487 men from three national organizations devoted to ralising awareness of CSA among men. Age range: 19–84 years. Mean age for onset of CSA was 10.3 years | Older age and being abused by a family member were both related to delays in discourse. Most participants who told someone during childhood did not receive emotional support velocity or protective responses and the helpfulness of responses across the felspan was mixed. Delays in teling were significant periods of time (over 20 years). Approximately one half of the participants first told about the sexual abuse to a spouse/partner (27%) or a mental health professional (20%); 42% of participants reported that the remote helpful discussion was with a mental health professional. However, unhelpful responses caused most mental distress. Child recommendations included more of a fel-course perspective be adopted, understanding impact of unhelpful responses and the importance of expanding networks for male survivors | Purpose velocity of men from awareness ralising organizations may have attracted particular participants who had a ready discoused and received help. Participants needed to have access to Internet which would have eliminated men's ower SES groups and required proficiency in English which would eliminate mental health problems. However, the sampling strategy gained access to a predominantly hidden population. Important child recommendations are made with an emphasis on a fel-course focus |
+| McEvaney, Greene, and Hogan (2012) | Qualitative study asked the central research question: "How do children tell?" Objective was to develop theory of how children tell of the research question as discourse experiences. Parents were interviewed. | Grounded theory method study. Interviews were conducted. Line-by-line open and axial coding was conducted on verbatim transcripts | Sample of 22 young people; 16 girls and 6 boys; age range: 8–18 years; 22 interviewed in total between the ages of 8 and 18. Mixed sample of some enduring nutritional CSA, some extrafamilial CSA, and two endured both forms | A theoretical model was developed that conceptualizes the process of CSA discourse as one of containing the secret (1) the active withholding of the secret on the part of the child; (2) the experience of a "pressure cooker effect" reflecting a conflict between the wish to tell and the wish to keep the secret; and (3) the confliding tise fill which often occurs in the context of a trusted relationship. These were derived from even categories that were developed through open and axial coding | Modest but sufficient sample for an exploratory qualitative inquiry. High level of trustworthiness rigor. A subsample of randomly selected transcripts was independently coded. Very young children and young adults were not captured in this sample. Transferability of findings can only be made to the age range sampled in the context of lire and |
+| Schonbucher, Maler, Mohler-Kuo, Schnyder, and Lando t (2012) | To investigate the process of CSA discourse with adolescents from the general population who had experienced CSA. How many discoused, who did | Data collection was through face-to-face qualitative interviews. Standardized questions and measures were administered on family stuation, sociodemographic | Convenience sample of 26 sexually victimized adolescents. 23 girls and 3 boys. Age range: 15–18 years. On line advertisements and filers were used to recruit youth from | Less than one third of participants immediately discoused CSA to another person. In most cases, recipients of both immediate and delayed discourse were to peers. More than one third of participants had never discoused the abuse to a parent. Participants reported reluctance to discouse to parents so as | Two thirds of the sample did not discouse right away. Strengthening parent-child relationships may be one of the most important ways to increase discourse to parents. Discourse to peers has been found a common trend in other |
+
+Table I. (cant nued)
+
+| Study | Purpose | Des gn | Samp e | Fnd ngs | Summary |
+|---------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Hunter (2011) | they d sc ose to, and what were the r mot ves for d sc os ng | data, sexua v ct m zat on, genera and menta hea th. | commun ty and counse ng serv ces | not to burden them. Ear er d sc osures were re ated to extrafam a CSA, s ng e occurrence CSA, age of v ct m at abuse onset, and parents who were v ng together. H gher eve s of reported gu t and shame were re ated to de ayed d sc osures. Peers were v ewed by th s samp e as more re ab e conf dants | research and bears more exam nat on |
+| | A m of th s study was to deve op a fu er understand ng of CSA d sc osures | Narrat ve nqu ry methodo ogy. Face-to-face n-depth interv ews were conducted w th part c pants. Data were ana yzed us ng Rosentha and F scher-Rosentha 's (2004) method. | Purpos ve samp ng was emp oyed. Samp e cons sted of 22 part c pants aged 25-70 years; 13 women and 9 men. Part c pants were sexua y abused at 15 years or under w th someone over the age of 18. | On y 5 out of 22 part c pants to d anyone about the r ear y sexua exper ences as ch dren. Fear, shame, and se f-b ame were the ma n nh b tors to d sc osure. These factors are further deta ed through subthemes. Te ng as a ch d and as an adu t was further expanded upon us ng A agg a's (2004) framework ver fy ng behav ora nd rect attempts to te and purposefu d sc osure as categor es. Themat c ana ys s supported that CSA d sc osure shou d be conceptua zed and v ewed as a comp ex and fe ong process | De ayed d sc osure was common n th s qua tat ve samp e. Most part c pants d d not make a se ect ve d sc osure unt adu thood. These fnd ngs support A agg a's (2004) mode of d sc osure but a so h gh ghts the importance of fe stage. Modest but suff c ent samp e s ze for a qua tat ve nqu ry. We -des gned study w th deta ed ana ys s for transferab ty of f nd ngs |
+| Schaeffer, Leventha, and Asnes (2011) | Th s study a med to: (1) add d rect nqu ry about the process of a ch d's CSA d sc osure; (2) determ ne f ch dren w d scuss process that ed them to te ; and (3) descr be factors that ch dren dent fy that ed them to te about or caused them to de ay CSA d sc osure | Study sought to f nd out f process ssues of d sc osure cou d be dent f ed n the context of forens c interv ews. Forens c interv ewers were asked to ncorporate quest ons about "te ng" nto an ex st ng forens c interv ew protoco . Interv ew content re ated to the ch dren's reasons for te ng or wa t ng was extracted, transcr bed, and ana yzed us ng grounded theory method of ana ys s | 191 interv ews of CSA v ct ms aged 3-18 over a 1-year per od were used for the study. Inc us on cr ter a nc uded ch dren who made a statement about CSA pr or to referra , reasons for te ng or wa t ng to te , and those who spoke Eng sh. Part c pants were ch dren who were interv ewed at a ch d sexua abuse c n c. 74% were fema e and 51% were Caucas an grounded theory method of ana ys s | Reasons the ch dren dent f ed for te ng were c ass f ed nto three doma ns: (1) d sc osure as a resu t of interna st mu (e.g., the ch d had n ghtmares); (2) d sc osure fac tated by outs de nf uences (e.g., the ch d was quest oned); and (3) d sc osure due to d rect ev dence of abuse (e.g., the ch d's abuse was w tnessed). The barr ers to d sc osure dent f ed fe nto f ve groups: (1) threats made by the perpetrator (e.g., the ch d was to d she or he wou d get n troub e f she or he to d), (2) fears (e.g., the ch d was afra d someth ng bad wou d happen f she or he to d), (3) ack of opportun ty (e.g., the ch d fe t the opportun ty to d sc ose never presented), (4) ack of understand ng (e.g., the ch d fa ed to recogn ze abus ve behav or as unacceptab e), and (5) re at onsh p w th the perpetrator (e.g., the ch d thought the perpetrator was a fr end) | An movat ve study to try to assess f forma nvest gat ve interv ews can fac tate d sc osures of CSA. Data were based on a arge number of interv ews. Deta ed ana ys s produced deta ed fnd ngs support ng other study fnd ngs on CSA d sc osure |
+
+Table I. (coin nued) cr. P
+
+| Study | Purpose | Design | Sample | Findings | Summary | | | |
+|-----------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Aagg a (2010) | The study aimed to dentify factors impeding or promoting CSA disciplines. Overarching research question: What individual, interpersonal, environmental, and contextual influences impede or promote CSA disciplines. | A qualitative phenomenology called gri, LIM, was used to interview adult CSA survivors about the risk of discipline experiences to provide retrospective accounts of CSA discipline and meaning-making of these experiences. Thematic analysis was done through a socio-ecology called ens. | Purposive sampling was employed. Snowba sampling was also used to recruit more male survivors. 40 adult survivors of CSA were interviewed: 36% men and 64% women. Age range of 18–65 with a mean age of 40.1 years. Average age of abuse onset was 5.3 years old. 36% of the sample was non-White. Diverse socioeconomic backgrounds | Themes fell into four domains: (1) individual and developmental factors, developmental factors as to whether they comprehended what was happening, personality traits also had some bearing on the risk to tell, and categorized the risk by age and science pattern believed; (2) discipline nihilitied by family characteristics such as rigidity fixed gender roles with dominating fathers, chaos and aggression, other forms of child abuse, domestic violence, dysfunctional communication, and social socialization; (3) neighborhood and community context, that is, ackliff interest from neighbors and teachers not pursuing troubling behavior; and (4) cultural and societal attitudes, media messages and societal attitudes, feeling unheard as kilds, gender socialization for males, and cultural attitudes influencing parent's reactions. Purposeful discipline situations that reported in other studies because of the sampling attempts to purposefully illicitate disciplines | The study presents a comprehensive socio-ecology called analysis to CSA discipline survival in gibiting the multifaceted influences. Of note, 42% had disciplined abuse during childhood; 26% had not disciplined because they had repressed the memory, or the abuse had occurred in preschool years and they had difficulty with recall. The remainder had attempted some form of discipline in indirect ways during childhood. A retrospective approach that could be affected by recall issues | The study presents a comprehensive socio-ecology called analysis to CSA discipline survival in gibiting the multifaceted influences. Of note, 42% had disciplined abuse during childhood; 26% had not disciplined because they had repressed the memory, or the abuse had occurred in preschool years and they had difficulty with recall. The remainder had attempted some form of discipline in indirect ways during childhood. A retrospective approach that could be affected by recall issues | The study highlights that discipline survival in gibiting the multifaceted influences. Of note, 42% had disciplined abuse during childhood; 26% had not disciplined because they had repressed the memory, or the abuse had occurred in preschool years and they had difficulty with recall. The remainder had attempted some form of discipline in indirect ways during childhood. A retrospective approach that could be affected by recall issues | The study highlights that discipline survival in gibiting the multifaceted influences. Of note, 42% had disciplined abuse during childhood; 26% had not disciplined because they had repressed the memory, or the abuse had occurred in preschool years and they had difficulty with recall. The remainder had attempted some form of discipline in indirect ways during childhood. A retrospective approach that could be affected by recall issues |
+| Fontes and Pillmeier (2010) | The study aimed to dentify factors impeding or promoting CSA disciplines. Overarching research question: What individual, interpersonal, environmental, and contextual influences impede or promote CSA disciplines. | Using published terature with cincaldata, the study conducted an analysis to provide a culturally competent framework for CSA discipline questioning internationally | Data consisted of published terature on discipline and culture that was triangulated with cincaldata material | Cultural and structural factors affecting CSA discipline are dentified in in-depth detail. Recommendations made include (1) discipline interviewing should be tallored to the child's cultural context, (2) questioning should also take into consideration age and gender factors, and (3) culture stands as an important factor in a cases in which children are considering discipline or being asked to discipline, and not solely in cases in which children are from not cealed minority groups. Presents a comprehensive interview framework integrating cultural considerations | One of the few works that adds knowledge to culturally contextual discipline interviewing. Unquestionable terature findings with cincaldata. Anecdota accounts may preclude transferability of findings. Overall adds to an impoverished area of CSA discipline information | The study highlights that discipline survival in gibiting the multifaceted influences. Of note, 42% had disciplined abuse during childhood; 26% had not disciplined because they had repressed the memo | | |
+
+**Table 1.** (continued)
+
+| Study | Purpose | Design | Sample | Findings | Summary |
+|-----------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| | (1) What are the hidden experiences of abuse among Canadian youth? (2) What impact does participation in abuse prevention programs have on youth to express their abuse experiences? (3) What disciplinary barriers do youth face? (4) What are young people's disciplinary patterns? and (5) Who do they tell? | programming by the Canadian Red Cross (RespectED). A series of focus groups and observations of the workshops were used to help contextualize the findings. Evaluation forms were analyzed from two video encipe prevention programs: (1) It's not your fault and (2) What's overgot to do with it? | anonymously disclosed abuse experiences. Respondent's ages: 13 and under (27%), 14–15 (37%), 16–17 (25%), 18 and older (4%), and unknown (7%) | at a nurse or provider interviewing the peer for information and providers to complete the programming statement. Results suggest disclosure interactive process, with expectations regarding consequences to disclosure. Patterns of incremental sharing abuse experiences are shaped by young people's interactions with peers, educators, and caregivers. About three-quarters of females previously disclosed; significantly less males disclosed | niteractive models of disclosure such as those detailed by Aagga (2004) and Stailer and Nelson-Garde (2005). This makes sample of youth who experienced different forms of abuse and video encipe exposure were participants—not mated to CSA survivors |
+| Ungar, Tutty, McConne, Barter, and Farlhoim (2009b) | This study explored abuse disclosure strategies with a national sample of Canadian youth who participated in video encipe prevention programming. One of the goals of the study was to document not previously dentified experiences of abuse and youth attitudes toward disclosure of abuse experiences | Exploratory design with a nonrepresentative sample. Qualitative analysis of 1,099 evaluation forms completed by video encipe prevention programming. Red Cross RespectED video encipe between 2000 and 2003 | Purposeful sample of 1,099 evaluation forms completed by video encipe prevention programming. Red Cross RespectED video encipe between 2000 and 2003 | Findings suggest high rates of hidden abuse, with less than one quarter of youth reporting a disclosure. 244 of the 1,099 youth who disclosed abuse on the review until forms dentified specific dividuals they told about their abuse. Disclosure patterns vary with boys, youth aged 14–15, victims of physical abuse, and those abused by a family member being most likely to disclose to professionals or the police. One third of disclosures were directed toward professionals and the east, 5% percent each, were directed toward friends, parents, and others. Participants were most likely to disclose sexual abuse to parents/family, professionals, and the police/courts, with fewer choosing friends. | Innovative design of this study provides nating to young people's perceptions of disclosure experiences. High level of rigor with trustworthiness of the data analysis ensured through use of youth focus groups, interviews, and observational data. The study results are somewhat mated to the thickness of the descriptions that offer because most of the data are survey based. Regional differences may not have been predicted. Scope of the study is broad and approach is creative |
+| | | | | | |
+| | | | | | |
+| | | | | | |
+| | | | | | |
+| | | | | | |
+
+Table I. (cont nued)
+
+| Study | Purpose | Design | Sample | Findings | Summary | | |
+|----------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Priebe and Svedin (2008) | This study aimed to investigate disclosure rates and disclosure patterns and examine predictors of nondisclosure in a sample of male and female adolescents with self-reported experiences of sexual abuse | | The sample consisted of 65-templet onnaire that included questions about background, consensual sex, sexual abuse experiences (noncontact, contact or penetrating abuse, including peer abuse), disclosure of CSA, own sexual abuse behavior, sexual attitudes, and experiences with pornography and sexual exploitation. The questionnaire included 6 modified tems from the SCL-90 and 9 of 25 tems from the Parental Bonding Instrument. The data for girls and boys were analyzed separately | The sample consisted of 4,339 high school students in Sweden (2,324 girls and 2,015 boys). The mean age of the participants was 18.15 years. This study used a subsample of 1,962 participants who reported CSA and who answered disclosure questions | The sample consisted of 4,357 girls (65%) and 457 boys (23%) reported CSA. The disclosure rate was 81% (girls) and 69% (boys). Girls and boys disclosed most often to a first end of their own age. Few had disclosed to professionals, and even fewer had reported to the authorities. There were higher rates of disclosure to a professional with more severe abuse (contact abuse with or without penetration) for girls, but owner rates for boys. The more severe the sexual abuse was, the less likely both girls and boys had talked to their mother, father, or a sibling. Girls were less likely to disclose fithey had experienced contact sexual abuse with or without penetration, less frequent abuse, abuse by a family member, or fithey had perceived their parents as less caring and less overprotective and highly overprotective. Boys were less likely to disclose fithail family member abused them, they were studying a vocational program (vs. an academic program), lived with both parents or had perceived their parents as less caring and not overprotective. | This study highlighted that sexual abuse is a risk factor for disclosure from adult society, especially from professionals and the egg system. However, the appeal to disclosure was not reported. Since first ends appeared to be the main risk points of sexual abuse disclosures, practice implications of this could be to find ways to give young people better information and guidance about how to support a sexually abused peer. A qualitative component to the study would have provided a broader understanding of disclosure processes. Study materials include a significant amount of boys who did not complete the questions regarding disclosure on; the timing of disclosures (whether they were delayed or not) was not measured; possibility of recall bearing the retrospective studies based on self-reports; and youth participants may not have understood a lithe questions | Since the vast majority of men in the sample had not disclosed in the childhood, they may have been predisposed to dentify ng barriers to disclosure more |
+| Sorso, Ka-Keating, and Grossman (2008) | Study focused on disclosure challenges for male survivors of CSA to understand three issues: (1) To | | Male survivors of CSA were interviewed about their disclosure experiences. Analytic techniques included | The sample consisted of 16 male survivors of the childhood sexual abuse; 11 Caucasian, 2 African American, 1 | Barriers to disclosure were found to be operant in three interrelated domains: (1) personal (e.g., acklogicity view awareness, intentional avoidance, emotional readiness, and shame); (2) | Since the vast majority of men in the sample had not disclosed in the childhood, they may have been predisposed to dentify ng barriers to disclosure more | |
+
+Table I. (cont nued)
+
+| Study | Purpose | Design | Sample | Findings | Summary |
+|-------------------------------------|-----------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Hershkow tz, Lanes, and Lamb (2007) | The goal of the present study was to examine how child victims of extrafamiliar sexual abuse disclosed the abuse experience | Aged victims of sexual abuse and their parents were interviewed. Children were interviewed using the NICHD Investigative Interview Protocol by experienced youth investigators. Information on disclosure processes was obtained in the first formal interview, before any police investigation or child we fare intervention | Thirty aged victims of CSA; 18 boys and 12 girls. Child sample was 7- to 12-year-olds with an average age of 9.2 years. Twenty mothers and 10 fathers were also interviewed for a total of 30 parent interviews. A content analysis was conducted on child and parent interviews | Disclosure categories were dentified as follows: (1) delayed 53% of the children delayed disclosure for between 1 week and 2 years; (2) recipient of disclosure: 47% of children first disclosed to bings or friends, 43% first disclosed to their parents, and 10% first disclosed to another adult. 57% of the children spontaneously disclosed abuse, but 43% disclosed only after they were prompted. 50% of the children reported feeling afraid or ashamed of their parents' responses. Parents' reactions: support vie (37%) and unsupport vie (63%). There was a strong correlation between predicted and actual parent reactions suggesting children anticipated the irreparable reactions accurately. Disclosure processes varied depending on the children's ages (e.g., younger children disclosed to parents), severity and frequency of abuse, parents' expected reactions, suspects' dentities, and strategies used to foster secrecy | reading vi. Retrospect vie accounts are subject to recall susses. Investigators made significant efforts to gather a diverse sample. High level of irrigor was executed in the dependability of the data and terraine process of the interpretation of findings was conducted |
+| Hershkow tz, Lanes, and Lamb (2007) | The goal of the present study was to examine how child victims of extrafamiliar sexual abuse disclosed the abuse experience | Aged victims of sexual abuse and their parents were interviewed. Children were interviewed using the NICHD Investigative Interview Protocol by experienced youth investigators. Information on disclosure processes was obtained in the first formal interview, before any police investigation or child we fare intervention | Thirty aged victims of CSA; 18 boys and 12 girls. Child sample was 7- to 12-year-olds with an average age of 9.2 years. Twenty mothers and 10 fathers were also interviewed for a total of 30 parent interviews. A content analysis was conducted on child and parent interviews | Disclosure categories were dentified as follows: (1) delayed 53% of the children delayed disclosure for between 1 week and 2 years; (2) recipient of disclosure: 47% of children first disclosed to bings or friends, 43% first disclosed to their parents, and 10% first disclosed to another adult. 57% of the children spontaneously disclosed abuse, but 43% disclosed only after they were prompted. 50% of the children reported feeling afraid or ashamed of their parents' responses. Parents' reactions: support vie (37%) and unsupport vie (63%). There was a strong correlation between predicted and actual parent reactions suggesting children anticipated the irreparable reactions accurately. Disclosure processes varied depending on the children's ages (e.g., younger children disclosed to parents), severity and frequency of abuse, parents' expected reactions, suspects' dentities, and strategies used to foster secrecy | Innovative design to gather disclosure data from young children. Focus is on extrafamiliar CSA which may differ than disclosure patterns of intrafamiliar CSA. Two thirds of the parents registered unsupport vie responses which is high |
+
+**Table 1.** (continued)
+
+| Study | Purpose | Design | Sample | Findings | Summary |
+|-----------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| A agg and Kirshenbaum (2005) | The objectives of the current study were to dentify a broad range of factors, including family dynamics that contribute to or hinder a child's ability to discipline CSA. | A qualitative phenomenological design—LIM—was used to elicit discipline experiences; facilitators and barriers; and relevant circumstances. Interviews were transcribed verbatim. Line-by-line open coding was conducted to capture family-eve factors. Axial and selective coding facilitated dentification of themes | Purposive sampling was employed to recruit 20 adult survivors between the ages of 18 and 65 who were sexually abused by a family member. Average age of participants was 40.1 years; 60% of participants were female and 40% male. Average age of onset of abuse was 6.7 years. Mixed cinical and noncinical sample. The majority had received treatment for CSA at some point in their ves | Four major themes emerged suggesting that CSA discipline can be significantly compromised when certain family conditions exist: (1) lightly fixed, gender role based on a patriarchy-based family structure; (2) presence of family violence; (3) closed, indirect family communication patterns; and (4) social attion of the family as whole, or specific members, played a part in CSA victimism feeling they had no one safe to tell. Family systems formulations through a feministic enslave important in understanding children and families at risk of discipline barriers | Over half the participants had not disciplined the abuse during childhood. Of the nondiscipline participants, six did not discipline because they had repressed or forgotten the memory. A most one third within discipline intentionally. More data are needed on early disciplines to garner more information on facilitators of discipline. Retrospective approach implies recall sisters. High level of trustworthiness of the data and interpretations were achieved through credibility, dependability, and confirmability through direct quotes |
+| A agg a (2005) | The study purpose was to qualify explore dynamics that impede or promote discipline by examining a range of factors including gender as a dynamic—how disciplines of females and males are similar and different, and in what ways gender affects CSA discipline | Survivors of CSA were interviewed about their discipline experiences using LIM. Analysis of 30 participant narratives was used for theme development regarding impact of gender on discipline. Interviews were transcribed verbatim for open, axial, and selective coding. Categories and subcategories were collapsed and refining into theme areas | Purposive sampling of women and men, along with those who disciplined during the abuse and those who did not. 19 females and 11 males; 18–65 (mean 40.1) years who were sexually abused by a family member or a trusted adult. Average age of abuse onset was 5.3 years; 36% were nonwhite, and 58% had not disciplined during childhood | Three themes emerged for men that inhibited or precipitated discipline for reasons related to gender: (1) fear of being viewed as homosexual; (2) profound feelings of stigmatization or solicition because of the belief that boys are rarely victimized; and (3) fear of becoming an abuser, which acted as a precipitant for discipline. Two predominant themes with female participants related to difficulties disciplining: (1) they felt more conflicted about who was responsible for the abuse and (2) they more strongly anticipated being blamed and/or not believed | One in a dearth of studies that conduct gender analysis. Comparative analysis draws out important practice implications. Retrospective design of the study which implies possibility of sisters. High level of trustworthiness of the data and interpretations were achieved through credibility, dependability, and confirmability through direct quotes |
+| Collings, Griffiths, and Kumalo (2005). | Study examined patterns of discipline in a large representative sample of South African CSA victims. Two study objectives to: (1) examine how and | Field reviews of a social work and medical case field for CSA victims seen at the crisis center where a case of CSA reported to the North Durban | 1,737 cases of CSA reported in the North Durban area of KwaZulu-Nata, South Africa, during January 2001 to December 2003. 1,614 girls and no theme areas | Content analysis dentified two broad dimensions of discipline: (1) agency: child-initiated discipline versus detection by a third party and (2) temporal duration: an event versus a process. These discipline dimensions defined four discrete categories of | These results find two broad discipline framework. Through data analysis two raters coded discipline categories using author's discipline framework, which proved to be both exhaustive and mutually exclusive |
+
+Table I. (cone nued)
+
+| Study | Purpose | Design | Sample | Findings | Summary |
+|----------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Hershkowitz, Horowitz, and Lamb (2005). | This study aimed to dental characteristics of suspected child abuse victims that are associated with discissorian and formal nevestigations | Large database of suspected cases of physician and sexual abuse investigated in Israel between 1998 and 2002 was analyzed. Interviews were also conducted using standardized NICHD linestigative Interview Protocol. Archival data were analyzed | The sample was comprised of 26,446 of 3- to 14-year-old abuse victims of sexual and physical abuse interviewed in Israel in the 5-year period from 1998 to 2002. 140 experienced trained youth investigators conducted interviews | Overall, 65% of the 26,446 children made a legal ons when interviewed. Rates of discissorian were greater for sexual abuse (71%) over physical abuse (61%). Children of a legal were less likely to discisse/abuse when a parent was the suspected perpetrator. Discissorian rates increased as children grew older; 50% with 3- to 6-year-olds, 67% of the 7- to 10-year-olds, and 74% of the 11- to 14-year-olds discissed abuse when questioned | Overall findings indicated that rates of discissorian varied systematically depending on the nature of the legal offences, the relationship between a legal victims and suspected perpetrators, and the legal of the suspected victims. Analysis only involved cases that had come to the attention of official agencies, making it difficult to determine how many of abuse take place without ever triggering any kind of official investigation. Evidence for delayed discissories. |
+| Jensen, Guibrandisen, Mossige, Reicheit, and Tjers and (2005). | This study investigated the context in which children were able to report their child sexual abuse experiences; their views as to what made it difficult to talk about abuse; what he ped them in the discissing process; and their parent's perceptions of their discissorian processes | Qualitative approach to data collection and analysis was used. Therapeutic interviews of the children and mostly their mothers were analyzed through a qualitative approach. Follow-up interviews were held 1 year after the study investigated | 20 families with a total of 22 children participated. A children had to diabout children had to diabout experiences that created concerns for care-givers about CSA. Children's ages ranged between 3 and 16 years (average age 7.5 years); 15 girls and 7 boys. Sexual abused by someone in the family or a citizen | None of the children to diabouse immediately after it occurred. Children exposed to repetitive abuse kept this as a secret for up to several years; 17 to die their mothers first, 3 first to diafriend, 1 to die their father, and 1 their uncle. Majority of remarks that led to the suspiction of CSA were made in situations where someone engaged the child in a diagnose about what was bothering them, resulting in a referral. The children felition was difficult to find situations containing enough privacy and prompts that they could share their experiences. When the children died | The results indicate that discissorian situational fundamentally dialogical process that becomes less difficult if children perceive that there is an opportunity to talk, a purpose for speaking and a connection has been established to what they are talking about. Strengthening parent-child relationships is an important practice implication |
+| | | | | | |
+
+ICOtitinUed)
+
+**Table 1.** (continued)
+
+| Study | Purpose | Des gn | Samp e | F nd ngs | Summary |
+|--------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Sta er and Ne son-Garde (2005) | The purpose of th s study was to understand the fu process of CSA d sc osure and how th s unfo ded for preado escent and ado escent g r s. Exam ned what fac tated and h ndered d sc osure and subsequent consequences | Secondary ana ys s of qua tat ve focus group data. Or g na project cons sted of four focus groups conducted w th n the context of ongo ng therapy for g r s who had exper enced CSA. Secondary ana ys s cons sted of wr tten narrat ve summar es of each sess on group ng these conceptua y, and exam n ng the r nterconnectedness | Samp e cons sted of 34 part c pants from four groups. Sess ons ana yzed were between 60 and 90 m n ong; aud otaped and ater transcr bed for content ana ys s | F nd ngs are reported n three major doma ns: (1) se f-phase: where ch dren come to understand v ct m zat on nterna y; (2) conf dant se ect on-react on phase: where they se ect a t me, p ace, and person to te and then whether that person's react on was support ve or host e; and (3) consequences phase: good and bad that cont nued to nform the r ongo ng strateg es of te ng. The act ons and react ons of adu ts were s gn f cant and nformed the g r s' dec s ons. The consequences phase was further subd v ded nto four aspects: (1) goss p ng and news networks, (2) chang ng re at onsh ps, (3) nst tut ona responses and the after fe of te ng, and (4) ns der and outs der commun t es | Th s study prov ded a contextua exam nat on of the ent re d sc osure process, c oser to the po nt n t me when the abuse and d sc osure occurred. Sma groups of preado escent and ado escent g r s who had surv ved sexua abuse a so served as consu tants and were encouraged to share the r know edge for the benef t of profess ona pract t oners |
+| A agg a (2004) | The study sought to exam ne nf uences that nh b t or promote ch dren's d sc osure of CSA to address gaps n know edge about how, when, and under what c rcumstances v ct ms of CSA d sc ose | The study emp oyed LIM—a phenomeno og ca des gn. Intens ve nterv ew ng that were 2 hr ong on average generated data for a themat c ana ys s. The nterv ew gu de was | Us ng purpos ve samp ng 24 adu t surv vors of ntrafam a abuse between ages of 18 and 65 (average age 41.2) were recru ted from agenc es and one un vers ty; 57% ma e and 43% fema e; | Through ana ys s of the nterv ew new categor es of d sc osure were dent f ed to add to ex st ng types. Three prev ous y dent f ed were conf rmed n these data: acc denta , purposefu , and prompted/e c ted accounted for 42% of d sc osure patterns n the study samp e. Over ha f the d sc osure patterns descr bed by the study samp e d not f these | Th s study expanded types of CSA d sc osures to more fu y understand how ch dren and adu ts d sc ose. And under what c rcumstances. Ask ng peop e to recount events that occurred n ch dhood s suscept b e to memory fa ure, espec a y when memor es were forgotten, |
+
+Table I. (tont nued)
+
+| Study | Purpose | Design | Sample | Findings | Summary | |
+|---------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Crisma, Basce, Pac, and Rom to (2004) | The main goals of this study were to understand impediments that prevent adolescents from disciosing CSA and seeking help from the risk of a network and/or the services | In-depth telephone (anonymous) interviews were conducted after informed consent was explained and CSA and seeking help from the risk of a network and/or the services | The sample was comprised of 36 young people who experienced sexual abuse in adolescence; 35 females and 1 male; aged 12–17. Some of the sample experienced sexual violence in a dating relationship | The main impediments to disciose to a family member were: fear of not being believed, shame, and fear of causing trouble to the family. The main impediments for not seeking services were: unaware of appropriate services, wish to keep the secret, acklof awareness of being abused, mistrust of adults and professionals, and fear of the consequences of disciosing sexual abuse. When they did disciose to professionals, teens received very limited support as many professionals were not trained on sexual abuse and could not offer appropriate interventions to victims | This study represented the findings of a mixed sample of survivors of child sexual abuse and nitmate partner violence. The study was conducted in litaly and this is not clear what sexual abuse response training is available. There may have been a selection basis as the most dissatisfied survivors responded to the research categories | delayed, or repressed and ater recovered. Distortion and revision of events are a so potential problems in recall. High degree of trustworthiness of the data was achieved and quotes provided supported the categories |
+| Jonzon and Lindbad (2004) | Study purpose was to explore how abuse traits, openness, reactions to CSA disciosure, and social support were related. Differences based on severity of abuse, timing and outcomes of disciosure, social support, and predicting factors of positive and negative reactions were probed | Adult women reporting CSA by someone close were interviewed using semi-structured guides together with questionnaires. Data on victim zation and current social support were retrieved through the questionnaires, and data on disciosure and reactions were gathered through the interviews with participants | 122 adult women between 20 and 60 years old (average age of 41 years) reporting exposure to child sexual abuse by someone close before the age of 18 and had to disomeone about at east one abuse event. 90% were Swedish subjects. Purposive sampling strategy was used | Abuse characteristics: abuse by multiple perpetrators was more common than by a single perpetrator. Age of onset was often before age of 7, with an average duration of 7 years. Severely abused women had taked to more of their social network, especially to professionals. Disciosures: 32% disciosed during childhood (before the age of 18) with an average of 21 years delay. Women who had disciosed in childhood reported more instances of physical abuse, multiple perpetrators, use of violence, and were more likely to have confronted a perpetrator, and had received a negative first reaction. Factors received a negative first reaction. | 68% delayed disciosure until adulthood. At the time of the study, this was one of the first studies to focus on the interplay between social support networks and disciosure of child sexual abuse. The study results are somewhat limited by an overrepresentation of severely abused women. Retrospective study and self-report of information could imply recall sistes and thus limits the accuracy of the information obtained on abuse and disciosure | |
+
+;el a. Table I. (cont nued)
+
+| Study | Purpose | Design | Sample | Findings | Summary | |
+|--------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Kogan (2004) | The purpose of this study was to dentify factors that influence the discosures made by female survivors of USE in childhood and adolescence. The predictors of both the timing of discosure and the recipient of the discosure were investigated | Data were gathered from a subsample of female adolescents that participated in the NSA, which consisted of structured phone interviews. USEs reported in the NSA were assessed using a modified version of the Incident Cassification Interview. They were then asked a series of questions about each episode of unwanted sexual contact including event characteristics and perpetrator characteristics | A subsample of 263 adolescent females between 12 and 17 years old, mean age of 15.2 years old, who reported at east one experience of unwanted sexual contact in the NSA. Participant characteristics, USE characteristics, and family contextual attributes were explored | Children under the age of 7 were at a higher risk for delayed discosures. Participants whose USE occurred between the ages of 7 and 13 were most between the ages of 7 and 13 were most less likely to tell an adult. Adolescents (14–17) were more likely to tell only peers than children aged 7–10 years. Children under 11 were more likely to tell an adult, but were at risk for delaying discosure beyond a month. Children aged 11–13 tended to discose within a month. Coloser relationship to the perpetrator or a family member was associated with delayed discosure. Immediate discosure was more likely with stranger perpetration. Fear for one's fellduring and penetration were associated with discosure to adults. Family factors inked to discosure were (1) drug abusing household member, which made survivors more likely to discose more promptly and (2) never ving with both parents was associated with nondiscosure | This study examined factors including discosures of USEs in childhood and adolescence in a nationally representative sample of female adolescents who participated in the NSA. Surveys for investigations of victimization experiences may be based due to underreporting. Adolescents who refused to report or discuss an USE may represent a source of systematic bias and would make the results generalizable only to adolescents who are wing to discose USE via survey. A thought data may be retrospective, recall bias may have been minimized in this study since participants were adolescents, and so the time age between the USE and the interview were presumably shorter than a study of adult participants recalling CSA experiences | design does not allow for definition conclusions of cause and effect on the relationships found |
+| | Ede stein, Goodman, Jones, and Gordon (2003) | The purpose of this study was to investigate variables associated with delay of discosure of CSA and test a mode for factors that influence how quickly children discose sexual abuse | Case flier reviews of data obtained from prosecution flies, as well as from structured interviews with the children's caretaker and observations of child interviews. Trained graduate students and one victim advocate completed the Sexual Assault Profile | Sample consisted of 218 children referred to prosecutors' offices for a leged CSA. A children in the sample had discosed their abuse in some manner. Children ranged in age from 2 to 16 years at the beginning of abuse; 3–16 years at the end of the abuse, and 4–16 years at the time of the years | 64% discosed within a month and 29% within 6 months. Five variables for the mode were tested. (1) age: children who were older took onger to discose and older children feared more negative consequences to others than younger children; (2) type of abuse: victims of nitrafamilial families took onger to discose—victims of nitrafamilial abuse feared greater negative consequences to others compared to victims of extrafamilial abuse; (3) fear of negative consequences: children who feared | This study represents a higher rate of discosers within a month. These cases had been reported to authorities and were in process of prosecution with chill may explain higher rate of early discosures. Legal sample with higher rate of extrafamilial abuse (52%) may also account for earlier discosures. Mode suggests that older children, victims of nitrafamilial abuse; felt greater responsibility for the abuse, and perceiving |
+
+Table 1. (coot nued)
+
+| Study | Purpose | Design | Sample | Findings | Summary |
+|-----------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Smith, Letourneau, Saunders, Kpatrick, Resnick, and Best (2000) | The study focus was to gather data from a large sample of women about the ength of time women who were raped before age 18 deayed discosure who they discosed to, and variables that predicted discosure within 1 month | Structured telephone interviews that asted approximately 35 min were used to collect data using a computer-assisted telephone interview system. A telephone interviews were conducted with who were conducted with each question on a computer screen. The survey consisted of several measures designed to elicit demographic information, psychiatric symptoms, substance use, and victim zation history. The present study reports on data from the demographic and child rape victim zation | Two probability samples. Wave 1 was a random sample of 2,009 respondents selected from stratified samples of defined jurisdictions. Random digital dialog was used to solicit households for sted and united telephone numbers. Second random sample of 2,000 women between the ages of 18 and 34 was selected. Both Wave 1 and Wave 2 data were weighted to conform to the 1989 Census statistics | The study reported that the study's definition of the first rape was 10.9 years. Of the 288 women who reported a child rape, 28% stated that they had never to dialyone about this sexual assault until specifically queried by the interviewer for this study. 58% did not discose for over 1 year and up to 5 years post-rape. 27% discosed within a month. Among women who discosed prior to their NWS interview cose friends were the most common person to whom victims made discosures, followed by mothers and other nimed ate family members. Fewer than 10% of victims reported making their nital discosure to social workers or awlenforcement personnel. Only 12% of child rape victims stated that their assaults were reported to authorities at some point | The time frame of this survey may have had contextual implications. The majority of child rapes reported by this sample occurred prior to the arge-scale child assault prevention education programs that were begun in the 1980s that teach children that assaults (including CSA) are wrong and should be discosed to responsible adults. This information may have influenced (and may currently be influencing) young women's discosure patterns. For Wave 1, comparison of these data with the population parameters obtained from the U.S. Census Bureau indicated that the sample cosely matched the demographic attributes of the population of U.S. women |
+| | | | nital police report; 77% female, 70% Caucasian, 17% Hispanic, and 11% African American. Predominantly middle to ow SES. Approximately 47% nitraliamila abuse | negative consequences of discosure took onger to discose, children who believed that their discosure would bring harm to others took onger to discose, fear of negative consequences to the self or the perpetrator was unrelated to time of discosure, and girls more than boys feared negative consequences to others; (4) Perceived responsibility for the abuse took onger to discose and older children felt more responsibility for the abuse; and (5) gender was not significantly correlated with time to discosure | negative consequences to discosing took onger to discose. We -designed study with high eveloped rigor. Produced a valuable mode of discosure for further investigations. However, researchers were not able to interview children directly |
+
+quest ons
+
+Note. SCL-90 = Symptom Check List-90: SES = socioeconomic status: L N = ong interview method: CA = chi d sexua abuse: N CHD = Nationa nstitute of Chi d Heath and Human Deve opmenc USE = unwanted sexua experiences: NSA = Nationa Survey of Ado escents: NWS = Nationa Women's Study: Q DS = Questionnaire informattse sur es dE inquants sexeu s. examples of this usage were found in the research questions, interview guides, and surveys examined: "How and when do people decide to tell others about their early sexual experiences with adults?" (Hunter, 2011, p. 161); "Some men take many years to tell someone that they were sexually abused. Please describe why it may be difficult for men to tell about/discuss the sexual abuse" (Easton, Saltzman, & Willis, 2014, p. 462). "Participants were asked a series of open-ended questions to elicit a narrative regarding their experiences of telling..." (McElvaney, Greene, & Hogan, 2012, p. 1160). "Who was the first person you told?" (Schaeffer, Leventhal, & Anes, 2011, p. 346).
+
+There was sound consistency between studies, defining disclosure in multifaceted ways with uniform use of categories of prompted, purposeful, withheld, accidental, direct, and indirect. However, defining the period of time that would delineate a disclosure as delayed varied widely across studies, wherein some studies viewed I week or I month as a delayed disclosure (i.e., Hershkowitz et al., 2007; Kogan, 2004; Schembucher, Maier, Moher-Kuo, Schnyder, & Lamdolt, 2012). Other studies simply reported average years of delay sometimes as long as from 20 to 46 years (Easton, 2013; Jonzon & Linblad, 2004; Smith et al., 2000).
+
+Second, the number of qualitative studies has increased significantly over the last 15 years. This rise is in response to a previous dearth of qualitative studies. Based on Jones's (2000) observation that disclosure factors and outcomes had been well documented through quantitative methods; in a widely read editorial, he recommended "Qualitative studies which are able to track the individual experiences of children and their perception of the influences upon them which led to their disclosure of information are needed to complement ... " (p. 270).
+
+Third, although a few studies strived to obtain representative samples in quantitative investigations (Hershkowitz, Horowitz, & Lamb, 2005; Kogan, 2004; Smith et al., 2000), sampling was for the most part convenience based, relying on voluntary participation in surveys and consent-based participation in file reviews (Collings, Griffiths, & Kumalo, 2005; Priebe & Svedin, 2008; Schembucher et al., 2012; Ungar, Barter, McConnell, Tutty, & Fairholm, 2009a). Therefore, generalizability of findings is understandably limited. The qualitative studies used purposive sampling as is deemed appropriate for transferability of findings to similar populations. Some of those samples contained unique characteristics, since they were sought through counseling centers or sexual advocacy groups. These would be considered clinical samples producing results based on disclosures that may have been delayed or problematic. This might presumably produce data skewed toward bathers and bring fonvard less information on disclosure facilitators.
+
+Through an in-depth, second-level analysis, this review identified five distinct themes and subthemes beyond the general trends as noted earlier.
+
+Theme 1: Disclosure is viewed as an ongoing process as opposed to a discrete event—iterative and interactive in nature. A subtheme was identified regarding disclosure as being facilitated within a dialogical and relational context is being more clearly delineated.
+
+Theme 2: Contemporary disclosure models reflect a social—ecological, person-in-environment perspective to understand the complex interplay of individual, familial, contextual, and cultural factors involved in CSA disclosure. Subthemes include new categories of disclosure and a growing focus on previously missing cultural and contextual factors.
+
+Theme 3: Age and gender are strong predictors for delaying disclosure or withholding disclosure with trends showing fewer disclosures by younger children and boys. One subtheme emerged that intrafamilial abuse/family-like relationship of perpetrator has a bearing on disclosure delays or withholding.
+
+Theme 4: There is a lack of a cohesive life-course perspective. One subtheme includes the lack of data within the 18 to 24-year-old emerging adult population.
+
+Theme 5: Significantly more information is available on barriers than on facilitators of CSA disclosure. Subthemes of shame, self-blame, and fear are uniformly identified as disclosure deterrents.
+
+# Disclosure as an ongoing process: Iterative and interactive in nature.
+
+Disclosure is now generally accepted as a complex and lifelong process, with current trends showing that CSA disclosures are too often delayed until adulthood (Collin-Vezina et al., 2015; Easton, 2013; Hunter, 2011). Knowledge building about CSA disclosure has moved in the direction of understanding this as an iterative and interactive process rather than a discrete, onetime event. Since the new millennium, disclosure is being viewed as a dynamic, rather than static, process and described "not as a single event but rather a carefully measured process" (Alaggia, 2005, p. 455). The catalyst for this view originates from Summit (I 983) who initially conceptualized CSA disclosures as process based, although this notion was not fully explored until several years later. Examinations of Summit's (1983) groundbreaking proposition of the CSA accommodation (CSAA) model produced varying results as to whether his five stages of secrecy, helplessness, entrapment and accommodation, delayed, conflicted, and unconvincing disclosures, and retraction or recantation, hold validity (for a review, see London, Bruck, Ceci, & Shuman, 2005). However, the idea of disclosure as a process has been carried over into contemporary thinking.
+
+Recently, McElvaney, Greene, and Hogan (2012) detailed a process model of disclosure wherein they describe an interaction of internal factors with external motivators which they liken to a "pressure cooker" effect, preceded by a period of containment of the secret. Moreover, this and other studies strongly suggest disclosures are more likely to occur within a dialogical context—activated by discussions of abuse or prevention forums providing information about sexual abuse (Hershkowitz et al., 2005; Jensen, Gulbrandsen, Mossige, Reichelt, & Tjersland, 2005; Ungar et al., 2009a). The term
+
+dialogical simply means to participate in dialogue. Key dialogical vehicles identified in these studies were providing sexual abuse information through prevention programs, being asked about sexual abuse, and being prompted to tell (McElvaney et al., 2012; Ungar et al., 2009a).
+
+Contemporary models of CSA disclosure reflect a social cological perspective. Knowledge on CSA disclosure has been steadily advancing toward a holistic understanding of the complex interplay of individual, familial, contextual, and cultural factors (Alaggia & Kirshenbaum, 2005; Brazelton, 2015; Fontes & Plummer, 2010). Where at one time factors examined and identified were predominantly of intrapersonal factors of child victims, knowledge construction has shifted to fuller social ecological, person-in-environment explanations (Alaggia, 2010; Collin-Vezina et al., 2015; Easton et al., 2014; Hunter, 2011; Ungar, Tutty, McConnell, Barter, & Fairholm, 2009b). Social-ecological explanations open up more opportunities to intervene in facilitating earlier disclosures. Alaggia (2010) proposes an ecological mapping of what individual, interpersonal, environmental, and contextual influences impede or promote CSA disclosures based on analysis of in-depth interview data of 40 adult survivors. Subsequently, based on a sample of 67 adult survivors, Collin-Vezina, Sablonni, Palmer, and Milne (2015) identified three broad categories, closely aligned with an ecological framework that impede CSA disclosure: (1) barriers from within, (2) barriers in relation to others, and (3) bathers in relation to the social world which can be aligned to intrapersonal, interpersonal, and contextual factors.
+
+A summary of knowledge building using a social—ecological framework follows. Knowledge gained in the intrapersonal domain includes expanded conceptualization of disclosure by building on previous categories of accidental, purposeful, and prompted disclosure to also include behavioral and indirect attempts to tell, intentionally withheld disclosure, and triggered and recovered memories (Alaggia, 2004). Categories of indirect behavioral disclosure patterns have been further verified in follow-up research by Hunter (2011), and through an extensive file review that used Alaggia's (2004) disclosure framework to analyze their data (Collings et al., 2005) for verification.
+
+Interpersonal factors have also emerged in regard to certain family characteristics as disclosure barriers. Families with rigidly fixed gender roles, patriarchal attitudes, power imbalances, other forms of child abuse and domestic violence, chaotic family structure, dysfunctional communication, and social isolation have been found to suppress disclosure (Alaggia Kirshenbaum, 2005; Collin-Vezina et al., 2015; Fontes & Plummer, 2010). In addition, relationship with perpetrator is a factor whereby research indicates that disclosure is made more difficult when the perpetrator is a family member or close to the family (Dumont, Messerschmitt, Vila, Bohu, & Rey-Salmon, 20 I 4;Easton, 2013; Goodman-Brown et al., 2003; Hershkowitz et al., 2005; Priebe & Svedin, 2008; Schanbucher et al., 2012). This is especially a barrier when the perpetrator lives with the victim (LeClerc & Wortley, 2015).
+
+In terms of environmental factors, one study revealed that neighborhood/community conditions can hinder disclosure when there is lack of school involvement in providing a supportive environment, such as in following up on troubling student behavior (Alaggia, 2010). Additionally, a child victim's anticipation of a negative response to disclosure, especially that they may not be believed by others outside their family such as neighbors or other community members, has shown to deter disclosure (Collin-Vezina et al., 2015).
+
+Cultural factors influencing CSA disclosure have been studied to a much lesser degree. Despite this, a few important studies examining critical sociocultural factors now exist for better understanding CSA disclosure within a cultural context (Brazelton, 2015; Fontes & Plummer, 2010). Among these important contributions, Brazelton's (2015) research has delineated CSA disclosure processes as "shaped by relational, racial, socio-cultural, historical, and developmental factors" (p. 182). In a unique study using culturally focused research literature as data triangulated with clinical case material, culturally based belief systems in many cultures have been found to foster family climates that can silence children from disclosing abuse (Fontes & Plummer, 2010). Taboos about sexuality, patriarchal attitudes, and devaluation of women are among some of the cultural barriers that inhibit disclosure (Fontes & Plummer, 2010).
+
+Clearly, disclosure conceptualizations are being integrated into a social—ecological model of individual and developmental factors, family dynamics, neighborhood, and community context as well as cultural and societal attitudes toward better understanding disclosure barriers and facilitators (Alaggia, 2010), although more data are needed on cultural and contextual factors.
+
+# Age and gender as predictors of disclosure
+
+Age. Age is consistently found to be an influential factor in CSA disclosure, making the life stage of the victim/survivor a critical consideration. Studies draw distinctions in age-groups falling into either under or over 18 years of age. Eighteen years of age was the common age cutoff point that investigators chose in order to distinguish child/youth populations from adult samples. Sixteen of the studies drew on samples of children and youth, while the other 15 studies sampled adults over the age of 18, and a further two studies used mixed age-groups (refer to Table I). Among the child and youth samples, the age ranges spanned from preschool to late adolescence (3-17 years of age), with varying methodological approaches implemented across age cohorts. For younger cohorts, file reviews and secondary data analyses of CSA reports were typically undertaken. Adolescents were most often given surveys. Sometimes children and youth were interviewed as part of administering a survey or as a follow-up (Crisma et al., 2004; Hershkowitz et al., 2005; Ungar et al., 200%). In the majority of child and adolescent samples, sexual abuse concerns were already flagged to investigative authorities. However, the work of Ungar, Barter, McConnell, Tutty, and Fairholm (2009a, 200%) is one exception, whereby their survey elicited new disclosures.
+
+Adult studies typically had a mean age between 40 and 50 years. Interviews were the main data collection method with a few exceptions using survey designs (i.e., Easton, 2013; Kogan, 2004; Smith et al., 2000) and case file reviews (i.e., Collings et al., 2005; Goodman-Brown et al., 2003). Results show a clear trend toward increased likelihood of disclosure in older youth, and findings from adult samples showing a preponderance of disclosures in adulthood, with the large majority of participants of adults reporting never having had a sexual abuse complaint filed with investigative authorities as a child or an adolescent (i.e., Hunter, 2011; Gagnier & Collin-Vezina, 2016; Sorsoli, Kia-Keating, & Grossman, 2008; Ungar et al., 200%).
+
+With children and youth under the ages of 18 distinct patterns emerged. First, accidental detection, rather than purposeful disclosure, is more likely to occur with younger children. For example, in one large-scale study of over 1,737 file reviews, over half of the CSA-related cases were identified through accidental and eyewitness detection (61%), while less than one third were purposeful disclosures initiated by the child victim (Collings et al., 2005). A second pattern which emerged is that rates of disclosure increase with age, especially into adulthood, which is supported by persistent findings of high rates of delayed disclosure reported later in the life course by adult survivors (Collings et al., 2005; Collin-Vezina et al., 2015 ; Easton, 2013; Jonzon & Linblad, 2004; Kogan, 2004; Leclerc & Wortley, 2015; Sorsoli et al., 2008). While gender and relationship with the perpetrator are considerable factors in CSA disclosure, age is consistently a stronger predictor of disclosure (or nondisclosure) (Hershkowitz et al., 2005; Leclerc & Wortley, 2015). Third, younger children who disclose are more likely to do so in an interview situation or other environment that provides prompts or questions about sexual abuse (Hershkowitz et al., 2005; McElvaney, Greene, & Hogan, 2014; Schaeffer et al., 2011), but this trend can also be seen in older youth (Ungar et al., 2009a, 2009b).
+
+Gender. A number of studies have recently focused on CSA disclosures with male victims, since males have been an understudied population (Alaggia, 2005; Easton, 2013; Easton et al., 2014; Gagnier & Collin-Vezina, 2016). Most investigations that sampled both sexes show females outweighing male participants. Although women are at double the risk of being subjected to CSA, the ratio of women to men in most disclosure studies has not been representative. This finding may be indicative of male victims more likely delaying disclosing their CSA experiences, leaving male disclosure in child and youth samples underrepresented (Hebert, Tourigny, Cyr, McDuff, & Joly, 2009; Ungar et al., 2009b).
+
+Easton, Saltzman, and Willis (2014) have been developing gender-specific modeling of disclosure examining male disclosures. Their proposed model groups male disclosures into barrier categories as determined by individual factors, interpersonal issues, and factors that are sociopolitical in nature. These authors suggest that predominant gender norms around masculinity reinforce the tendency for male victims of CSA to blame themselves
+
+for the abuse, resulting in no disclosure. Male participants in a subsequent study also relayed that gender norms and stereotypes contributed to them concealing the abuse because they were abused by a woman (Gagnier & Collin-Vezina, 2016). In the one study that compared male and female disclosures, investigator found that men's fears of being viewed as homosexual; profound feelings of stigmatization or isolation because of the belief that boys are rarely victimized; and fear of becoming an abuser acted as disclosure barriers. Whereas females felt more conflicted about who was responsible for the abuse and more strongly anticipated being blamed and not believed (Alaggia, 2005).
+
+Lack of a life-course perspective. Given that the study of CSA disclosure draws on age-groups ranging from samples of very young children to retrospective studies of adult survivors, with significant developmental considerations, this area of study lacks an intentional cohesive life-course perspective. Most data are derived from either cross-sectional or retrospective designs, with few longitudinal studies. There are a series of sound, yet disconnected, studies focusing on specific age-groups of children and adolescents, along with adult retrospective studies. Thus, the available knowledge base does not allow for a cohesive picture of CSA disclosure processes and pathways over the life course to emerge.
+
+The life-course perspective has long been recommended as a critical lens for the study of child abuse (Browning & Laumann, 1997; Williams, 2003). For example, a life-course perspective has been utilized to understand the immediate- and long-term effects of CSA on the developing child victim (Browning & Laumann, 1997). Further, a life-course perspective is important in terms of examining age of onset of CSA to explain the differential effects of sexual victimization and developmental impacts in terms of understanding their ability to disclose—effects that need to be understood within a developmental context, especially for designing appropriate interventions for disclosure at critical transitions from early childhood through to adolescence and into adulthood. In addition, important "turning points" in life may facilitate disclosures. For example, entry into adulthood given that delayed disclosure occurs more often in adulthood. Alaggia (2004, 2005) found that being in a committed relationship or the birth of children acted as facilitators for some survivors to disclose, especially to their spouses. These significant life events, as contributing to disclosures, bear further examination.
+
+Summary of barriers and facilitators. Research over the past 15 years continues to uncover barriers to CSA disclosure at a higher frequency than that of facilitators. As stated previously, this might be the result of sampling methods whereby participants who volunteer for disclosure research may have had more negative disclosure experiences, especially since many report delays in disclosure. The following section outlines the major trends in both barriers and facilitators (see Table 2).
+
+Barriers. Age and gender were found to contribute to barriers as covered in Theme 3. Disclosures generally increase with age
+
+Table 2. Factors Influencing Child Sexual Abuse Disclosures.
+
+| Barriers | Facilitators |
+|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|
+| Age: The younger the child victim, the less likely they will purposefully disclose. | Age: Disclosures increase with age, especially in adulthood. |
+| Gender: Males may be less likely to disclose in childhood/adolescence, fear of being seen as homosexual and as a victim, females experience more self blame and anticipation of being blamed and/or not believed | Gender: Slight trend toward females who are older (adolescent) to disclose before adulthood |
+| Relationship to perpetrator: If the perpetrator is a family member or in a family like role, disclosure is less likely to happen | Relationship to perpetrator: If the perpetrator is not living with the victim, disclosure rates increase |
+| Internal: Shame, self blame, and fear are psychological barriers. In addition, fear of negative consequences on the family and for self safety inhibits disclosure | Dialogical context: Opportunities to disclose through discussion, therapeutic relationship, information sessions on sexuality, and sexual abuse prevention programs |
+| Family relations: Families with a patriarchal structure, rigidly fixed gender roles, dysfunctional communication, other forms of abuse (i.e., domestic violence), and isolation inhibit disclosure | Family relations: Supportive parent-child relationship. |
+| Environmental and cultural context: Lack of discussion about sexuality; passive acceptance that unwanted sexual experiences are inevitable; not wanting to bring shame to the family by admitting sexual abuse; lack of involvement from neighbors, school personnel; and stigma perpetuated by societal perceptions | Involvement of others: Eyewitnesses coming forward and reporting; detection through community members, professionals |
+| | Environmental and cultural context: Promotion of open discussion of sexuality; community member involvement |
+
+as children gain more developmental capacity, understanding of sexual abuse as victimization, and increased independence. Males are somewhat less likely to disclose, but this is often in interaction with other factors in the environment such as societal attitudes that promote hypermasculinity as desirable, attitudes that perpetuate negative views of boys and men who are victims, and homophobic attitudes (Alaggia, 2010; Easton et al., 2014; Gagnier & Collin-Vezina, 2016).
+
+Victims of intrafamilial abuse when the offender is a parent, caregiver, significant family member, or someone in a familylike role are less likely to disclose immediately or at all in childhood/adolescence because of obvious power differentials and dependency needs (Collings et al., 2005; Dumont et al., 2014; Hershkowitz et al., 2005; Kogan, 2004; Leclerc & Wortley, 2015; Paine & Hansen, 2002; Schaeffer et al., 2011).
+
+Further, the perpetrator residing with their victim(s) increases the likelihood of no disclosure (Leclerc & Wortley, 2015).
+
+Internalized victim-blaming, mechanisms to protect oneself (such as minimizing the impact of the abuse), and developmental immaturity at the onset of abuse constituted internal barriers. Further, shame, self-blame, and fear have been identified as significant factors deterring disclosure (Collin-Vezina et al., 2015; Crisma et al., 2004; Goodman-Brown et al., 2003; Hunter, 2011; Kogan, 2004; McElvaney & Culhane, 2015; McElvaney et al., 2014). However, aspects of shame, self-blame and fear, and have not been fully explored in research. Since these are strong predictors of disclosure suppression, they bear further examination in future research to understand more fully how they operate in disclosure processes.
+
+In terms of interpersonal and environmental factors, family dynamics can play a part in deterring disclosure. As previously mentioned, families characterized by rigidly defined gender roles, patriarchal attitudes that perpetuate power imbalances between men and women, parents and children, presence of other forms of child abuse and/or domestic violence, chaotic family structure, dysfunctional communication, and social isolation have been found to suppress disclosure (Alaggia & Kirshenbaum, 2005; Collin-Vezina et al., 2015; Fontes & Plummer, 2010). In regard to broader environmental factors, disclosure can be hindered when involved and supportive community members are not available, or not trained in sensitive responses, or when child victims anticipate not being believed by neighbors and other people outside the family (Alaggia, 2010; Collin-Vezina et al., 2015). Further, barriers in relation to the social world were identified as stigmatization, the negative labeling of sexual abuse victims, and taboos surrounding sexuality and talking about sex as driven by cultural norms (Collin-Vezina et al., 2015; Fontes & Plummer, 2010).
+
+Identification of cultural barriers is important recent contribution to understanding disclosure processes—and in particular to the obstacles. Findings related to cultural barriers included themes of children's voices not being heard leading to silencing, the normalization of the sexualization and objectification of girls and women, and the perpetuation of hypermasculinity in men—all acting as barriers in terms of stigma to disclosure (Alaggia, 2005, 2010; Easton et al., 2014). Brazelton (2015) similarly found that lack of discussions about sex, young age at the onset of sexual abuse, therefore not having the language to express what was happening to them, and preserving the family good name by not talking about abuse in the family were also barriers to disclosure.
+
+Finally, it may be the case that more barriers continue to be identified over facilitators of CSA disclosure perhaps because of the methods employed in studies—particularly those drawing on adult populations who delayed disclosure. These samples may not be representative of the overall population of CSA victims, since they may have had more negative disclosure experiences, consequently more readily identifying barriers. On the other hand, these findings may speak to the actual imbalance between facilitating factors and barriers for disclosure, the latter carrying more weight in the victims/survivors' experiences, thus, explaining the high rates of disclosures delayed until adulthood.
+
+Facilitators. Although fewer disclosure facilitators are identified in this review, very important facilitators were nonetheless uncovered—ones that should be noted for professionals in this field of practice. Internal factors that facilitate disclosures include symptoms that become unbearable, getting older with increased developmental efficacy, and realizing that an offence was committed (Collin-Vezina et al., 2015; Crisma et al., 2004; Easton, 2013; Hershkowitz et al. 2007; McElavaney, Greene, & Hogan, 2014; Schaeffer et al., 2011). Circumstantial facilitators are those where the child discloses because there has been evidence provided, eye-witnessing has occurred, and a report has been made. Environmental factors include settings that provide opportunities such as counseling, interviews, information sessions and educational forumsAvorIcshops, and prevention programs for children and youth to disclose.
+
+To elaborate, dialogical contexts about CSA for children and youth can provide opportunities for discussion that may facilitate disclosures (Jensen et al., 2005). The research shows creating open dialogue in relationship contexts, to offset the power and influence of the perpetrator, can facilitate earlier disclosure. Among disclosure facilitators is being asked about abuse and given the opportunity to "tell" (McElavaney et al., 2014); workshops on abuse and sexual abuse, in particular, can facilitate disclosures (Ungar et al., 2009b); and using culturally sensitive probes and questions (Fontes & Plummer, 2010). In Gagnier and Collin-Vezina's (2016) study, positive disclosure experiences were described by participants as those where they felt that they had been listened to, were safe, were believed, and were not judged by the person they disclosed to. Further, family members and friends (peers) of the child victim can act as key supports to creating an open relational context and fostering positive responses (Jensen et al., 2005; Priebe & Svedin, 2008; Schonbucher et al., 2012; Ungar et al., 20096). In particular, as children grow older, they are more likely to disclose to a peer, as shown in a number of studies, and this is an important reality for counselors and educators to be aware of (Dumont et al., 2014; Kogan, 2004; Sclainbucher et al., 2012; Ungar et al., 2009b).
+
+# Discussion
+
+Through examination of 33 studies published since the year 2000, this review identified five distinct themes regarding CSA disclosure: (1) Disclosure is best viewed as an iterative, interactive process rather than a discrete event done within a relational context; (2) contemporary models reflect a social—ecological, person-in-environment framework for understanding the complex interplay of individual, familial, contextual, and cultural factors involved in CSA disclosure;
+
+(3) age and gender are significant disclosure factors; (4) there is a lack of a life-course perspective; and (5) barriers to disclosure continue to outweigh facilitators. Based on these themes, a number of conclusions are drawn from this review. First, disclosure as a process is emphasized throughout contemporary research. Advances have been made in understanding these complex processes. However, the disclosure process over time—for example, how the first detection of CSA or attempts to disclose in childhood impact later disclosures—are not well understood. This is the result of the absence of a cohesive lifecourse perspective in investigations, although age consistently surfaces as significantly influencing CSA disclosure. Using a life-course perspective through the use of longitudinal studies is recommended.
+
+The use of varied methodological designs, depending on the developmental stage of the victims/survivors, influences the data generated and subsequent findings. For example, most studies on children and youth are based on file reviews of cases that have been brought to the attention of authorities, or surveys, with only a few studies using interviewing of younger children. Therefore, there is less information available on process issues with children and youth. In contrast, research on adult populations largely favors the use of qualitative interview methods for retrospective inquiry producing important process findings. In addition, investigations have not yet captured the disclosure experiences of adults in the "emerging adult" stage given that adult studies have failed to recognized that the age range of 18-24, which is now considered a developmental phase defined by neurobiological developmental uniqueness. As well, late adulthood has not been given attention as shown by the absence of participants representing this age-group in current research (70+). With a swelling geriatric population in North America, issues of historic CSA can be expected to surface and, with that, new disclosures. This trend is also anticipated due to attitudinal shifts that have presumably occurred over the last two generations about revealing such traumas and changing views about discussing sexual victimization.
+
+Interview guides used in a number of studies intentionally probed for facilitators, producing notable findings. For example, one such finding focuses on the importance of creating a contextually supportive environment to promote disclosure across the life course. These include developing therapeutic relational contexts for disclosure by providing information about sexuality, sexual abuse, prevention programming, and by asking directly. Disclosures to professionals are positive outcomes of how therapeutic contexts work; however, for forensic purposes prompting such disclosures would be viewed as problematic in legal settings, seriously compromising testimonies for trial proceedings. This is one example that speaks to the structural barriers victims and survivors run up against time and time again. Facilitators that show evidence to promote disclosure in one domain (therapeutic) are seen to work against CSA survivors in another domain—such as legal settings when perpetrators face prosecution. Defense attorneys will use this as evidence that the disclosure was prompted, and therefore the disclosure is potentially seen as not credible. Broadcasting of the frequency of acquitted cases or rulings in favor of the perpetrator through media outlets, often sensationalized, become a further compounding barrier. Given the review findings, we conclude that barriers and facilitators to CSA disclosures are nuanced and clearly embedded within intrapersonal, interpersonal, environmental, contextual, and cultural domains—often interlocked in complex ways.
+
+# Limitations
+
+Although comprehensive in nature with its life-course coverage, this review may be limited by its qualitative, thematic focus rather than providing an evaluative, quantitative accounting of CSA disclosures. However, because of the recent focus on disclosure processes, the authors chose a suitably compatible approach—qualitative in nature. As well, a traditional checklist approach in rating the studies was not employed for interrater reliability, since two of the authors hold expertise in CSA disclosure research and are well versed with the literature. This expertise, and through closely following a systematic review framework (Kiteley & Stogdon, 2014), assures that a thorough adjudication of the research literature was completed.
+
+# Implications for Research and Practice
+
+These review findings have implications that can be useful in guiding future research and practice:
+
+- Solid strides are being made in the use of a social—ecological framework to underpin investigations in the CSA disclosure investigations. Research efforts and practice considerations should continue in this vein. Investigating environmental factors and contextual and cultural forces is understudied, necessitating more research in these areas to more fully fill out understanding of CSA disclosure from a social—ecological perspective.
+- There is good evidence that CSA disclosures are more likely to occur in a dialogical context—formal helping relationships but as well as other relationships such as peers and trusted adults. Providing information and education on topics of sexuality in general, and sexual abuse specifically, can help children and youth to disclose. Raising awareness and prevention programs can promote disclosures of sexual violence committed against children and youth.
+- Goals of therapeutically supported disclosures (i.e., through therapy) may need to take precedence over forensic approaches, if well-being of child victims and adult survivors is to be made paramount. Legal processes may act to facilitate disclosures but can also act as barriers because of the negative outcomes experienced in the court process.
+- Practitioners need to keep in mind that the legal system is lagging far behind in knowledge uptake of recent evidence on CSA disclosures so that victims and
+
+survivors continue to be systemically and structurally disadvantaged in legal proceedings.
+
+- Health-care practitioners (i.e., child abuse pediatricians, family practice doctors, clinical nurse specialists, and public health nurses) should be made aware of the evidence in the CSA disclosure literature to create environments for facilitating therapeutic disclosures.
+- Given that age is a stable predictor of disclosure of CSA, more studies are needed that make use of a life-course perspective. More longitudinal studies are needed to better identify trends over different life stages.
+- The emerging young adult as a developmental age group needs specific investigation. Neuroscience research has established that ages 18-24 is a distinct developmental phase. Late adulthood is another life stage that deserves to be researched.
+- Gender needs to be more fully investigated in relation to impact on disclosure. Awareness that boys and girls have unique challenges and barriers in disclosing CSA should be paramount for practitioners.
+- Intervention planning should take note that disclosures increase when perpetrators no longer reside with victims, and this finding should be heeded by policy and law makers.
+- Shame, self-blame, and fear are intrapersonal factors that persistently emerge as barriers to CSA disclosures and warrant more research to understand how to redress these barriers for earlier disclosures.
+
+# Conclusion
+
+There are still a substantial number of children and youth who are subjected to sexual abuse, despite preventative efforts. Just as concerning is the fact that many victims continue to suffer in silence as evidenced by the high numbers of delayed disclosure. These hidden cases should not be overlooked, and these victims should not be forgotten. Despite significant progress in bringing the issue of CSA to the forefront, improving facilitation of disclosure and increasing positive influences on disclosure processes are still critical in order to protect current and future generations of children and youth from the grave effects of sexual violence. Further, the focus should not be simply on strengthening and shoring up intrapersonal resources of victims to disclose but rather to change environmental conditions to create a more supportive and safer context for CSA victims and survivors to disclose.
+
+# Declaration of Conflicting Interests
+
+The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
+
+# Funding
+
+The author(s) received no financial support for the research. author ship, and/or publication of this article.
+
+- References Alaggia, R. (2004). Many ways of telling: Expanding conceptualiza tions of child sexual abuse disclosure. Child Abuse & Neglect, 28, 1213 1227. Alaggia, R. (2005). Disclosing the trauma of child sexual abuse: A gender analysis. Journal of Loss and Trauma, 10, 453 470. Alaggia, R. (2010). An ecological analysis of child sexual abuse dis closure: Considerations for child and adolescent mental health. Journal of the Canadian Academy of Child and Adolescent Psy chiatty Journal De ?Academie Canadienne De Psychiatric De ?Enfant Et De ?Adolescent, 19, 32 39. Alaggia, It., & Kirshenbaum, S. (2005). Speaking the unspeakable: Exploring the impact of family dynamics on child sexual abuse disclosures. Families in Society, 86, 227 234. Braun, V., & Clarke, V. (2006). Using thematic analysis in psychology. Qualitative Research in Psychology, 3, 93. doi:10.1191/ 1478088706qp063oa Brannon, J. F. (2015). The secret storm: Exploring the disclosure process of African American women survivors of child sexual abuse across the life course. Traumatology: An International Jour nal, 21, 181 187. Browning, C. R., & Laumann, E. O. (1997). Sexual contact between children and adults: A life course perspective. American Socio logical Review, 62, 540 560. Collings, S. J., Griffiths, S., & Kuntalo, M. (2005). Patterns of disclo sure in child sexual abuse. South African Journal of Psychology, 35,270 285. Collin Vezina, D., Sablonni, D. L., Palmer, A. M., & Milne, L. (2015). A preliminary mapping of individual, relational, and social factors that impede disclosure of childhood sexual abuse. Child Abuse & Neglect, 43, 123 134. doi:10.10160.chiabu.2015.03.010 Crisma, M., Bascelli, E., Paci, D., & Romito, P. (2004). Adolescents who experienced sexual abuse: Fears, needs and impediments to disclosure. Child Abuse & Neglect, 28, 1035 1048. Dumont, M., Messerscluniu, P., Vila, G., Bohu, D., & Rey Salmon, C. (2014). Is processus de revelation dans les agressions sexuelles intrafamiliales et extrafamiliales sur mineurs. Annales Medico Psychologiques, 172, 426 431. doi:10.1016/j.amp.2012.06.024 Easton, S. D. (2013). Disclosure of child sexual abuse among adult male survivors. Clinical Social Work Journal,41,344 355. doi:10. 1007/s10615 012 0420 3 Easton, S. D., Saltzman, L. Y., & Willis, D. G. (2014). "Would you tell under circumstances like that?": Barriers to disclosure of child sexual abuse for men. Psychology of Men & Masculinity, 15, 460 469. Fallon, B., Van Wert, M., Troeme, N., MacLaurin, B., Sinha, V., Lefebvre, R., ... Goel, S. (2015). Ontario Incidence Study of Reported Child Abuse and Neglect 2013 (OIS 2013). Toronto, ON: Child Welfare Research Portal. Finkelhor, D., Shattuck, A., Turner, FL A., & Ilamby, S. L. (2014). Trends in children's exposure to violence, 2003 to 2011. JAMA Pediatrics, 168, 540 546. doi:10.1001/jamapediatrics.2013.5296 Fontes, L. A., & Plummer, C. (2010). Cultural issues in disclosures of child sexual abuse. Journal of Child Sexual Abuse, 19, 491 518. Gagnier, C., & Collin Vezina, D. (2016). The disclosure experiences of male child sexual abuse survivors. Journal of Child Sexual Abuse, 25, 221 241. Goodman Brown, T. B., Edelstein, R. S., Goodman, G. S., Jones, D., & Gordon, D. S. (2003). Why children tell: A model of children's disclosure of sexual abuse. Child Abuse & Neglect, 27, 525 540. When, M., Tourigny, M., Cyr, M., McDuff, P., & Joly, J. (2009). Prevalence of childhood sexual abuse and timing of disclosure in a representative sample of adults from Quebec. Canadian Journal of Psychiatry, 54, 631 636. Retrieved from http://search.proquest. com/docview/222860811?accountid= 14771 Hershkowitz, I., Horowitz, D., & Lamb, M. E. (2005). Trends in children's disclosure of abuse in Israel: A national study. Child Abuse & Neglect, 29, 1203 1214. Hershkowitz, 1., Lanes, O., & Lamb, M. E. (2007). Exploring the disclosure of child sexual abuse with alleged victims and their parents. Child Abuse & Neglect, 31, III 123. Hunter, S. V. (2011). Disclosure of child sexual abuse as a life long process: Implications for health professionals. The Australian and New Zealand Journal of Family Therapy, 32, 159 172. Jensen, T. K\_, Gulbrandsen, W., Mossige, S., Reichelt, S., & Tjersland,
+ - O. A. (2005). Reporting possible sexual abuse: A qualitative study on children's perspectives and the context for disclosure. Child Abuse & Neglect, 29, 1395 1413. Jillian, B., Cotter, A., & Perreault, S. (2014). Police reported crime statistics in Canada, 2013 (Catalogue number 85 002 X). Ottawa, ON: Statistics Canada. Jones, D. P. H. (2000). Editorial: Disclosure of child sexual abuse. Child Abuse & Neglect, 24, 269 271. Jonzon, E., & Lindbald, F. (2004). Disclosure, reactions, and social support: Findings from a sample of adult victims of child sexual abuse. Child Maltreatment, 9, 190 200. Kiteley, It., & Stogdon, C. (2014). Literature reviews in social murk. London, England: Sage. Kogan, S. (2004). Disclosing unwanted sexual experiences: Results from a national sample of adolescent women. Child Abuse & Neglect, 28, 147 165. Leclerc, B., & Wortley, It. (2015). Predictors of victim disclosure in child sexual abuse: Additional evidence from a sample of incar cerated adult sex offenders. Child Abuse & Neglect, 43, 104 Ill. London, K., Bruck, M., Ceci, S. J., & Shuman, D. W. (2005). Disclo sure of child sexual abuse: What does the research tell us about the ways that children tell? Psychology, Public Policy, and Law, 11, 194 226. McElvaney, R. (2015). Disclosure of child sexual abuse: Delays, non disclosure and partial Disclosure. What the research tells us and implications for practice. Child Abuse Review, 24, 159 169. McElvaney, R., & Culhane, M. (2015). A retrospective analysis of children's assessment reports: What helps children tell? Child Abuse Review. doi:10.1002/car.2390. McElvaney, It., Greene, S., & Hogan, D. (2012). Containing the secret of child sexual abuse. Journal of Interpersonal Violence, 27, 1155 1175.
+
+McElvaney, R., Greene, S., & Hogan, D. (2014). To tell or not to tell? Factors influencing young people's informal disclosures of child sexual abuse. Journal of Interpersonal Violence, 29, 928 947. Maier, T., Mohler Kuo, M., Landholt, M. A., Schnyder, U., & Jud, A. (2013). The tip of the iceberg. Incidence of disclosed cases of child sexual abuse in Switzerland: Results from a Nationwide Agency Survey. International Journal of Public Health, 58, 875 883. Paine, M. L., & Hansen, D. J. (2002). Factors influencing children to self disclose sexual abuse. Clinical Psychology Review, 22, 271 295. doi:10.1016/S0272 7358(01)00091 5 Pereda, N., Guilera, G., Fonts, M., & Gomez Benito, J. (2009). The international epidemiology of child sexual abuse: A continuation of Finkelhor (1994). Child Abuse & Neglect, 33, 331. Retrieved from http://search.proquest.com/docview/230158315? accountid= 14771 Priebe, G., & Svedin, C. G. (2008). Child sexual abuse is largely hidden front the adult society: An epidemiological study of ado lescents' disclosures. Child Abuse & Neglect, 32, 1095 1108. Reitsema, A. M., & Grietens, II. (2015). Is anybody listening? The literature on the dialogical process of child sexual abuse disclosure reviewed. Trauma Violence Abuse. doi:10.1177/152483801 5584368 Rosenthal, G., & Fisher Rosenthal, W. (2004). The analysis of narra tive biographical interviews in U Flick. In E. von Kardorff & I. Steinke (Eds.), A Companion to Qualitative Research (pp. 259 265). London, UK: Sage. Schaeffer, P., Leventhal, J. M., & Asnes, A. G. (2011). Children's disclosures of sexual abuse: Learning from direct inquiry. Child Abuse & Neglect, 35, 343 352. doi:10.1016/j.chiabu.2011.01.014 Schtinbucher, V., Maier, T., Molder Kuo, M., Schnyder, U., & Land olt, M. A. (2012). Disclosure of child sexual abuse by adolescents: A qualitative in depth study. Journal of Interpersonal Violence, 27, 3486 3513. doi:10.1177/0886260512445380 Smith, D. W., Letoumeau, E. J., Saunders, B. E., Kilpatrick, D. G., Resnick, H. S., & Best, C. L. (2000). Delay in disclosure of child hood rape: Results from a national survey. Child Abuse & Neglect, 24,273 287. Retrieved from http://search.proquest.com/docview/ 70933344?accountid= 14771 Sorsoli, L., Kia Keating, M., & Grossman, F. K. (2008). "I keep that hush hush": Male survivors of sexual abuse and the challenges of disclosure. Journal of Counseling Psychology, 55, 333 345. doi: 10.1037/0022 0167.55.3.333 Seller, K. M., & Nelson Gardell, D. (2005). "A burden in your heap": Lessons of disclosure from female preadolescent and adolescent survivors of sexual abuse. Child Abuse & Neglect, 29, 1415 1432. Statistics Canada. (2013). Police reported crime statistics in Canada. 2012 (Catalogue number 85 002 X). Retrieved from the Statistics Canada website httplAvww.statcan.gc.ca/pub/85 002 x/2013001/ article/11854 eng.htm#n2 Stoltenborgh, M., van Uzendoom, M. II., Fuser, E. M., & Balcemtans Kranenburg, M. (2011). A global perspective on child sexual abuse: Meta analysis of prevalence around the world. Child Mal treatment, 16, 79 101. doi:10.1177/1077559511403920 Summit, R. C. (1983). The sexual abuse accommodation syndrome. Child Abuse & Neglect, 7, 177 193. Tener, D., & Murphy, S. (2015). Adult disclosure of child sexual abuse. Trauma, Violence & Abuse, 16, 391 400. Trocme, N., Fallon, B., MacLaurin, B., Daciuk, J., Felstiner, C., Black, T., ... Cloutier, R. (2005). Canadian incidence study of reported child abuse and neglect 2003: Major findings. Ottawa: Minister of Public Works and Government Services Canada. Trocme, N., Fallon, B., MacLaurin, B., Sinha, V., Black, T., Fast, E., ... Holroyd, J. (2008). Characteristics of substantiated maltreatment. Canadian incidence study of reported child abuse and neglect: Major findings (Chapter 4). Retrieved from http:// www.phac aspc.gc.ca/cm vee/public eng.php Ungar, M., Baxter, K., McConnell, S. M., Tutty, L. M., & Fairholm, J. (2009a). Patterns of abuse disclosure among youth. Qualitative Social Work, 8, 341 356. Ungar, M., Tutty, L. M., McConnell, S., Barer, K., & Fairholm, J. (2009b). What Canadian youth tell us about disclosing abuse. Child Abuse & Neglect, 33, 699 708. Williams, L. M. (2003). Understanding child abuse and violence against women: A life course perspective. Journal of Interpersonal Violence, 18,441 451. Author Biographies Ramona Alaggia, MSW, PhD, is an associate professor in social work and the Factor Inwentash Chair in Children's Mental Health at the University of Toronto. Iler teaching and research focuses on gender and violence, sexual abuse disclosures, domestic violence exposure, and resilience processes. Delphine Collin-Vezina, PhD, is an associate professor for School of Social Work, McGill University and director for Centre for Research on Children and Families. She holds the Nicolas Steinmetz and Gilles Julien Chair in Social Pediatrics in Community and the Canada Research Chair (Tier II) in Child Welfare. Her work focuses on research and clinical topics related to child maltreatment, child sexual abuse, and trauma. Rusan Lateef, MSW, is a social worker employed in the criminal justice system with adult male offenders in Ontario, Canada. She specializes in the intersection of health and mental health, child sexual abuse disclosures, and she is a researcher on the "Make Resilience Matter" project examining childhood exposure to domestic violence with Dr. Alaggia at the Factor Inwentash Faculty of Social Work, University of Toronto.
+
+# Disclosure of Child Sexual Abuse: Delays, Non-disclosure and Partial Disclosure. What the Research Tells Us and Implications for Practice
+
+This paper reviews the research on disclosure of child sexual abuse with specific reference to delays in disclosing, non-disclosure and partial disclosure of experiences of child sexual abuse. Findings from large-scale national probability studies highlight the prevalence of both non-disclosure and delays in disclosure, while findings from small-scale qualitative studies portray the complexity, diversity and individuality of experiences. The possible explanations regarding why children are reluctant to disclose such experiences have significant implications for addressing the issue of child sexual abuse from the perspectives of child protection, legal and therapeutic professionals. The importance of understanding the dynamics of disclosure, in particular the needs of young people to maintain control over the disclosure process, the important role that peers play in this process, the responses of adults in both informal and formal networks, and the opportunities to tell, is key to helping young people speak more promptly about their experiences of sexual abuse. Copyright O 2013 John Wiley & Sons, Ltd.
+
+#### KEY PRACTITIONER MESSAGES:
+
+- Children typically delay disclosing experiences of abuse.
+- Asking children questions about their wellbeing gives them the opportunity to tell when they are ready.
+- The challenge is to find the right questions at the right time.
+- Peers can be the right people to ask these questions.
+- Adolescents need to know about how to ask and what to do if someone tells.
+
+KEY WORDS: child sex abuse; disclosure; research to practice
+
+A n issue of increasing concern in recent years is the phenomenon of delayed disclosure of childhood sexual abuse and the need to understand the process of how children and adults disclose their experiences of child sexual abuse, given the implications for child protection, social justice and
+
+Rosaleen McElvaney
+
+School of Nursing and Human Sciences. Dublin City University, Dublin. Ireland
+
+`The importance of understanding the dynamics of disclosure'
+
+'Adolescents need to know about how to ask and what to do if someone tells'
+
+•Correspondence to: Rosaleen McElvaney. School of Nursing and Human Sciences. Dublin City University. Glasnevin, Dublin 9. Ireland. E-mail: rosaleen.mcelvaneygdcu.ie
+
+`This paper reviews
+
+the research on
+
+disclosure patterns of
+
+childhood sexual
+
+abuse'
+
+'Most people who experience sexual
+
+abuse in childhood do
+
+not disclose this
+
+abuse until adulthood'
+
+mental health outcomes. This paper reviews the research on disclosure patterns of childhood sexual abuse, specifically delays in disclosure, non-disclosure (as evident through adult retrospective studies) and partial disclosures, and discusses implications for practice. Literature searches of the online databases PSYCINFO and Social Sciences Citation Index, in addition to manual searches of texts published since 2000, were conducted using the search terms 'child
+
+sexual abuse', 'sex abuse' and 'disclosure'.
+
+The research to date on disclosure patterns is based on two sampling methodologies — studies of adults reporting retrospective experiences and studies of children. The former group of studies has the benefit of drawing on large-scale national probability samples which can be considered to be representative of the general population. The latter group with some small exceptions (predominantly adolescent studies) uses samples of young people who have disclosed sexual abuse but would not be considered as representative
+
+of all children who have been abused:
+
+'children who decide to tell someone about being sexually abused and whose cases therefore come to court are not representative of sexually abused children in general'
+
+(Olafson and Lederman, 2006, p. 29).
+
+Patterns of Disclosure: Delays and Non-disclosure
+
+There is consensus in the research literature that most people who experience sexual abuse in childhood do not disclose this abuse until adulthood, and when disclosure does occur in childhood, significant delays are common. Table 1 summarises two large-scale studies to highlight the extent of delays in disclosure and the percentage of those who did not disclose to anyone prior to the study. Kogan (2004) examined the timing of disclosure of unwanted sexual experiences in childhood or adolescence in a sub-sample (n = 263 adolescent women, aged 12 to 17) of the National Survey of Adolescents (Kilpatrick and Saunders, 1995) in the USA — a nationally representative study. Kogan's results can be summarised as follows: immediate disclosure (within 1 month) 43 per cent, delayed disclosure (less than 1 year) 31 per cent and non-disclosure (disclosed only during the survey) 26 per cent. Smith and colleagues (2000) examined a sub-sample (n = 288) of the National Women's Study in the USA (Resnick a al., 1993, cited in Smith et at, 2000) who had reported a childhood rape prior to the age of 18. Smith el al.'s findings can be summarised as follows: immediate disclosure (within 1 month) 27 per cent, delayed disclosure (more than a year) 58 per cent and non-disclosure (survey only) 28 per cent. Those who had never disclosed prior to the survey constitute comparable proportions in these two studies while the rates for immediate
+
+Table I. Panerns of disclosure delay and non-disclosure
+
+Kogan (2004) Smith a a). (2000) (n 263 adolescents) (n 288 adults)
+
+Told within 24 hours 24% 18% Told within 1 month 19% 9% Told within 1 year 12% 11% Delayed telling more than I year 19% 47% Never told before survey 26% 28%
+
+disclosure are higher in the adolescent study than in the adult study, a reassuring finding given the increased awareness of sexual abuse in society during the past 20 years.
+
+Goodman-Brown and colleagues (2003) examined USA district attorney files of 218 children. Their categories were slightly different from the previous two studies but in summary, immediate disclosers (within 1 month) constituted 64 per cent of the sample while 29 per cent disclosed within six months. This study is unusual insofar as the sample studied had reported their experience of abuse to the authorities and a prosecution was in progress. Goodman-Brown et at also pointed out that families who participated in this study were more likely to represent those children who experienced abuse by someone outside the family. Research has found that delays in disclosure are longer for those abused within the family and Lindblad, 2002; Goodman-Brown et at, 2003; Kogan, 2004; Hershkowitz a at, 2005). Therefore, children who disclose more promptly may be overrepresented in legal samples.
+
+In Sweden, Priebe and Svedin (2008) conducted a national survey of 4339 adolescents, of whom 1962 reported some form of sexual abuse (65% of girls and 23% of boys). Details of the time lapse in disclosing were not available from this study. However, of those who had disclosed and answered the questions on disclosure (n = 1493), 59.5 per cent had told no-one of their experiences prior to the survey. Of those who did disclose, 80.5 per cent mentioned a 'friend of my own age' as the only person who they had told. In this study, 6.8 per cent had reported their experiences to the social authorities or police. A further Swedish study of 122 women who had experienced childhood sexual abuse (Jonson and Lindblad, 2004) found that 32 per cent disclosed during childhood (before the age of 18) while the majority told in adulthood (68%). The delay was up to 49 years, with an average of 21 years (SD = 12.9). Of those who told in childhood, 59 per cent told only one person. In Ireland, the SAVI study (n = 3118, McGee et al., 2002) found that 47 per cent of those respondents who had experienced some form of sexual assault prior to age 17 had told no-one of this experience until the survey. McElvaney (2002) investigated delay in a legal sample of ten adults who had made formal complaints of childhood sexual abuse in Ireland and found delays ranging from 20 years to 50 years.
+
+Studies of children in the context of forensic/investigative interviews where children are interviewed by professionals due to concerns that the child has been sexually abused also point to high non-disclosure rates, particularly striking in cases where there is corroborative evidence that abuse has occurred — medical evidence (Lyon, 2007), or confessions from the abuser or videotaped evidence/witness reports ( and Lindblad, 2002). Lyon (2007) reported his findings from a review of studies published between 1965 and 1993 of children diagnosed with gonorrhoea where the average disclosure rate among 579 children was 43 per cent (n = 250). In a study where the evidence for the abuse was available on videotape, children have denied abuse when interviewed by the police and Lindblad, 2002).
+
+In summary, significant numbers of children do not disclose experiences of sexual abuse until adulthood and adult survey results suggest that significant
+
+The rates for immediate disclosure are lower in the adolescent study than in the adult study'
+
+'Children who disclose more promptly may be overrepresented in legal samples'
+
+`Delays ranging from 20 years to 50 years'
+
+# `High numbers of respondents disclosing to researchers for the first time'
+
+# `They found that interviewers behaved differently with the two groups'
+
+# 'A parent described how her teenage son told her over a period of days'
+
+proportions of adults have never disclosed such abuse, as evidenced by the high numbers of respondents disclosing to researchers for the first time. Patterns of Disclosure — Partial Disclosure Information on how children disclose over time can be obtained from studies of children who participated in forensic/investigative interviews where children are interviewed by professionals due to concerns that the child has been sexually abused. The issue of partial disclosures was highlighted by earlier studies such as those by DeVoe and Faller (1999) of five- to ten-year olds (i.e. making detailed informal disclosures that were not replicated in formal interviews) and Elliott and Briere (1994) of children aged eight to 15 years (i.e. disclosing only partial information until confronted with external evidence that led to more complete disclosures). More recently, investigators have examined the role of the interviewer and questioning styles in the forensic interview and how this impacts on children's disclosures and the level of detail provided in interview. Hershkowitz et at (2006) compared tapes of interviews with children who disclosed sexual abuse and those who did not (but about whom there was `substantial' reason to believe that they had been abused). They found that interviewers behaved differently with the two groups, using different types of prompts with children who presented as somewhat uncooperative, offered fewer details and gave more uninformative responses at the beginning of the interview. It would appear that interviewers responded to less communicative children by increasing the proportion of closed questions which in turn led to children being less forthcoming. Lamb el al. (2002) have found that the use of a protocol that emphasises the use of prompts that elicit free narrative (e.g. 'tell me about that') as compared with closed questions (those requiring a yes/no response) has resulted in more detail and more accuracy in children's accounts. Although few studies exist that examine the phenomenon of disclosure in informal settings (when disclosure is made to a friend or family member), some qualitative studies have described this process. McElvaney (2008) quoted one teenage girl who described hinting to her mother prior to disclosing the experience: 'I didn't tell her what happened but I was saying things that made her think it made her think that it happened but I didn't tell her' (p. 127). A parent described how her teenage son told her over a period of days, keeping the most difficult parts of the story until last: 'Ile came out with like it came out over two or three days so you know.. \_he'd say well I've something else to tell you... the bad stuff last... what hun him most and what he's saying what hurt him most' (p. 92) And finally, one young person described how she told her social worker: 'I couldn't tell her most things but I just gave things to her to read... I told her at first I told her bits of it and em then just the others. I finished writing and then I gave them to her... later I told her that it was the father as well.' (p. 93) This young person had been abused by both a father and son in a family with whom she was staying.
+
+In reviewing the literature on this subject, London and colleagues (2005) noted, `when children do disclose, it often takes them a long time to do so' (p. 204).
+
+# Reasons for Patterns of Delay, Partial Disclosure and Non-disclosure
+
+There are many influences on disclosure that have been identified in the research literature to help explain why it is that children delay disclosure, are reluctant to disclose, provide details of their experiences over time or do not disclose at all. Age has been identified as a significant predictor of disclosure in that younger children are less likely to disclose than older children. Children who are abused by a family member are less likely to disclose and more likely to delay disclosure than those abused by someone outside the family (Smith a at, 2000; Goodman-Brown a at, 2003; Kogan, 2004). Children who do disclose during forensic interviews compared to children who do not disclose in such contexts (yet concerns remain that they have been abused) are more likely to have parents (particularly mothers) who are more supportive (Lawson and Chaffin, 1992). In Priebe and Svedin's (2008) study of young people, parental bonding (positive relationship with parent who was not overprotective) was identified as the most significant predictor of disclosure for both boys and girls. However, close relationships can also act as an inhibitor to disclosure. McElvaney (2008) found that many young people in her study were reluctant to disclose due to concerns of upsetting their parents while others were concerned about the consequences for others of their disclosure. One 13-year-old girl described her concern that if she told, her uncle would go to jail and her small cousins would be left without a father:
+
+'I didn't want them to grow up with no Dad and just looking at ... their other little friends having their Dad holding their hand I felt like I was taking their Dad away from them' (p. 130)
+
+Gender has been found to influence disclosure in that boys appear to be more reluctant to disclose than girls (Goodman-Brown a at, 2003; Hershkowitz a at, 2005; Ungar a al., 2009a). Mental health difficulties on the part of the child have also been found to be relevant, particularly when children experience dissociative symptoms or other post-traumatic stress symptomatology (Priebe and Svedin, 2008).
+
+Some studies have found that the severity of abuse (e.g. penetrative abuse) predicts earlier disclosure while other studies have found no relationship between different types of abuse and disclosure timing. Similarly, the relationship between the duration of abuse — one-off incidents of abuse compared with abuse that takes place over a significant period of time — and timely disclosure has been investigated with mixed findings. Fear of the consequences of disclosure has been identified as a predictor of delayed disclosure and this in turn is associated with the age of the child (Goodman-Brown a at, 2003). Older children are more cognitively competent in terms of being able to reflect on and anticipate possible reactions to their disclosure. This can act then as an inhibitor to disclosure, although as noted above, most studies have found that older children are more likely to disclose than younger children. Fears of not being believed have been described by young people as inhibiting their disclosure and these fears are often "When children do disclose, it often takes them a long time to do so"
+
+`Younger children are less likely to disclose than older children'
+
+`Many young people in her study were reluctant to disclose due to concerns of upsetting their parents'
+
+`Fear of the consequences of disclosure has been identified as a predictor of delayed disclosure'
+
+`Investigating the precise circumstances that led to disclosures for children'
+
+`Significant proportions of disclosure have been prompted by questions by caregivers, friends or others'
+
+`The implications of these findings can be considered in interrelated contexts'
+
+justified. Hershkowitz a at (2007) interviewed children about their initial disclosures prior to formal interview and 50 per cent of the sample (n = 30) reported feeling afraid or ashamed of their parents' reaction. The authors reported that parents did show a tendency to blame their children and react angrily to the disclosure.
+
+Recent research has highlighted the need for children to be asked direct questions to facilitate their disclosure. Of those children who did disclose, significant proportions disclosed following prompts rather than it being initiated by the child (Kogan, 2004). Qualitative studies drawing on interviews with children that focus on the disclosure process are important in investigating the precise circumstances that led to disclosures for children. McElvaney (2008) found that parents' questioning of children was prompted by their concern about the young person's emotional distress. On occasion, young people were communicating that something was not right in their world but were not able to articulate this verbally. Signs of psychological distress were, however, evident and questions targeted at the reasons for this distress were identified by McElvaney as a factor that helped young people to tell. Thus, many children may not have told about their experiences of abuse because they were not asked. McGee a al. (2002) followed up a sample of their respondents who had disclosed childhood abuse for the first time in their survey. When asked why they had not disclosed prior to the survey, many respondents noted that it was because they had not been asked. Increasingly, research studies are finding that significant proportions of disclosure have been prompted by questions by caregivers, friends or others in the child's educational and social milieu that in themselves provide an opportunity for the young person to tell (Jensen et at, 2005; Hershkowitz a at, 2007; McElvaney et al., 2012).
+
+Finally, some children need time to tell. Mudaly and Goddard (2006) quote a 13-year-old girl: `she (mother) helped by not making me, not rushing me to get it out, which, um, I think it's a really stupid idea to make kids get it out A.S.A.P.' (p. 91).
+
+# Implications for Practice
+
+The consensus in the research literature at the present time is that disclosure is multi-determined, influenced by a complex range of factors that may influence each child in a different way. Large-scale national probability studies confirm that non-disclosure and delays in disclosure are significant problems facing society and in particular for those professionals tasked with safeguarding the wellbeing of children. Children's fears and anxieties in relation to telling need to be understood and contained by those in their environment so that early disclosure can be encouraged and facilitated.
+
+The implications of these findings can be considered in interrelated contexts: the legal context where action can only be taken if the child is able to give a clear, credible account of his/her experiences; child protection and therapeutic contexts where a comprehensive account is required to enable child protection professionals to intervene and where the psychological sequelae can be addressed to minimise the long-term impact of the experiences; and family and community contexts where early disclosure needs to be encouraged, and other family issues addressed in the aftermath of disclosure and where peers play an important role.
+
+Studies have confirmed the importance of professionals asking children and young people in a sensitive, open manner about possible experiences of abuse using non-leading questioning styles to minimise inaccurate accounts or contaminate children's narratives. It is clearly important for professionals to remain open to the possibility of abuse and further disclosure. It is equally important for professionals to be able to avoid persisting with questioning those children who are 'reluctant disclosers'. Similarly, professionals engaged with children in therapeutic work need to be open to the possibility of both initial and further disclosures.
+
+Contradiction in witness statements is a well-known feature of false statements and giving additional detail to original formal statements can be interpreted within child protection, therapeutic and legal contexts as a contradiction of an earlier account. Listening to children's accounts of their experiences of disclosure helps us understand why it is that disclosure can be delayed and that when they do feel ready to tell this is not an 'all or nothing' decision. As one young person in Staller and Nelson-Gardell's (2005) study noted, 'it's never finished, never' p. 1426. This understanding in turn helps us identify those circumstances and reactions that may encourage the child to disclose.
+
+The importance of asking children questions, thus giving them an opportunity to tell, has been identified. While parents, teachers and those in daily contact with children are often reluctant to question children, it is clear that many children do not disclose unless given this opportunity. Education and increased awareness are needed on how to question children in an appropriate manner. McElvaney (2008) noted that questions did not need to be about sexual abuse per se, but rather questions prompted by the young person's psychological distress, asking after the young people's wellbeing. This questioning in effect acted as an external pressure for the young person to tell his/her secret (McElvaney et al., 2012). In Ungar el at's (2009a) study of Canadian youth, they found that young people used a range of disclosure strategies ranging from less direct strategies (such as risk-taking behaviours, not talking about the abuse) to direct strategies (such as seeking support from peers, turning to non-professional adult supports, disclosing to formal service providers), representing a process that relied heavily on others to 'build the bridges between the youth and formal care providers' (p. 352).
+
+The tendency to delay disclosing and the partial nature of many disclosures are not conducive to successful legal investigations and prosecutions. In addition, the knowledge base that exists within the legal sphere is limited if only a percentage of the children who experience sexual abuse engage with this system. The disproportionately high 'immediate disclosure' rate found in Goodman-Brown a al.'s (2003) legal sample compared to Kogan's (2004) community sample raises the question of the representation of delayed disclosers in the legal system. Are children who delay in disclosing less likely to engage with the legal system? Are delays in disclosing contributing to decisions not to prosecute child sexual abuse crimes? In Ireland, the 1990s saw a significant increase in the numbers of complainants coming before the courts reporting experiences of childhood sexual abuse. Many of these cases were referred to the higher courts for judicial review proceedings to establish whether the cases could proceed without prejudicing the accused given the
+
+# 'Contradiction in witness statements is a well-known feature of false statements'
+
+# 'Education and increased awareness are needed on how to question children in an appropriate manner'
+
+# 'Are children who delay in disclosing less likely to engage with the legal system?'
+
+'Concerns that engagement with the legal system will lead to further psychological trauma need to be considered'
+
+'Many young people who delayed disclosure to an adult had told a friend'
+
+'An adaptive strategy on the part of the young person to contain the experience'
+
+delay in the complaint being made and giving due regard to the accused's right to a speedy trial. Psychological expert testimony was sought as part of these proceedings to explain the delay in disclosure in each individual case to enable the courts to adjudicate on whether the delay in reporting was reasonable (see McElvaney, 2002). This legal mechanism provided an opportunity to enhance the knowledge base within the legal profession as to the complexities involved in disclosing and formally reporting experiences of childhood sexual abuse for adults. While one might expect that the legal system would be more sympathetic to children's difficulties in making disclosures, it may also be the case that the belief that 'if the child was really sexually abused, why would they not tell?', as articulated by Summit (1983), still prevails.
+
+In addition, concerns that engagement with the legal system will lead to further psychological trauma need to be considered. A prospective longitudinal study conducted by Quas et al. (2005) indicated that the consequences of legal involvement change over the course of development and as a function of the child's reactions to and experiences during the legal case. The associations between legal involvement and outcomes varied with age. The authors suggested that although younger children may be at increased risk for some adverse outcomes such as mental health problems, older children may be at increased risk for other undesirable sequelae such as the negative attitudes of others toward them. Quas and Goodman's (2011) recent review notes that older children are more at risk in developing poor mental health outcomes. Thus, as noted earlier, young people's fears of the consequences of disclosure may well be justified. Raised awareness of both the prevalence of non-disclosure of sexual abuse and the importance of supporting children to disclose may go some way to addressing children's fears.
+
+One interesting finding in recent studies is that many young people who delayed disclosure to an adult had told a friend. McElvaney (2008) and Ungar et al. (2009b) identified peer influence as significant in encouraging disclosure among adolescents. There is some suggestion from the research that regardless of the age at the time of abuse, adolescence may be a 'critical period' for disclosure. It may be that targeting adolescents in general (rather than those at risk of abuse) may be a powerful prevention tool in encouraging early disclosure. Evaluations of child abuse prevention programmes have shown significant improvements in the levels of awareness of child abuse in children and young people (Rispers et al., 1997; Zwi el al., 2007). It may be that the increasing trend towards peer disclosure is a by-product of such educational and awareness-raising programmes. There is evidence that public awareness campaigns when implemented as part of a multi-dimensional strategy that involves targeting children, parents and communities (see Lalor and McElvaney, 2010, for a review of child abuse prevention programmes) are an effective tool in the prevention of child abuse.
+
+McElvaney et al. (2012) describe the importance for young people of containing the secret of abuse and their need for confidentiality following disclosure as representing an adaptive strategy on the part of the young person to contain the experience and his/her emotional reaction to it. The conflict between wanting/needing to keep the secret and wanting/needing to tell is mediated by what they term the 'pressure cooker effect'. Young people in their study described influences from within and without that led to a build up of pressure, ultimately leading to disclosure. They suggest that building up the
+
+pressure for young people by providing opportunities to tell may be needed to help young people tell more promptly. However, the lack of control that young people experience following disclosure remains an issue (Ungar et al., 2009b; Quayle a al., 2012). This highlights the need for dissemination of information directly to young people about the legal process, the possible consequences of disclosure, as well as ongoing developments in legal proceedings when young people and their families interface with the legal system.
+
+The more recent focus on investigating those strategies that children use in making disclosures rather than solely on identifying bathers to disclosure is perhaps more helpful in informing awareness-raising campaigns and professional interventions. The author is involved in a large-scale review of children's files in an assessment service to ascertain those factors that helped children tell about their experiences of sexual abuse. A pilot study has suggested that this is an appropriate methodology for gathering data on children's experiences of informal disclosure, acknowledging the limitations of such an approach. Ungar a al. (2009a) describe the optimal conditions for disclosure as follows: being directly asked about experiences of abuse; having access to someone who will listen, believe and respond appropriately; having knowledge and language about what constitutes abuse and how to access help; having a sense of control over the process of disclosure both in terms of their anonymity (not being identified until they are ready for this) and confidentiality (the right to control who knows); and effective responses by adults both in informal and formal contexts.
+
+Ungar etal. (2009b) support recent developments in prevention programmes that target supportive formal and informal caregivers in being better able to detect the possibility of abuse and support disclosures rather than focusing on empowering children themselves in making disclosures. Their findings in relation to the importance of bridge building for young people to access formal supports are supported by Jensen et at's (2005) emphasis on the dialogical nature of disclosure, and the important role that trusted adults and peers play in the disclosure process through noticing signs of psychological distress and asking young people about their psychological wellbeing (Collings a al., 2005; Jensen et at, 2005; McElvaney et at, 2012). More emphasis is therefore needed on providing opportunities for children and young people to disclose. The challenge for professionals and those who care for children is how to do this in a way that protects children and promotes their wellbeing.
+
+# References
+
+Collings SJ, Griffiths S, Kumalo M. 2005. Patterns of disclosure in child sexual abuse. South African Journal of Psychology 35(2): 270 285. DeVoe ER, Faller KC. I 999.The characteristics of disclosure among children who may have been sexually abused. Child Maltreatment 4: 217 227. Elliott DM, Briere 1 1994. Forensic sexual abuse evaluations of older children: Disclosures and symptomatology. Behavioral Sciences & the Law 12: 261 277. Goodman Brown TB, Edelstein RS, Goodman GS, Jones DP14, Gordon DS. 2003. Why children tell: A model of children's disclosure of sexual abuse. Child Abuse & Neglect 27: 525 540. Hershkowitz I, Horowitz D, Lamb ME. 2005. Trends in children's disclosure of abuse in Israel: A national study. Child Abuse & Neglect 29(11): 1203 1214. Ilashkowitz I, O,bach Y, Lamb ME, Sternberg KJ, Ilorowitz D. 2006. Dynamics of forensic interviews with suspected abuse victims who do not disclose. Child Abuse & Neglect 30: 753 769.
+
+'More recent focus on investigating those strategies that children use in making disclosures'
+
+'Having a sense of control over the process of disclosure both in terms of their anonymity and confidentiality'
+
+llershkowitz I, Lanes O, Lamb ME. 2007. Exploring the disclosure of child sexual abuse with alleged victims and their parents. Child Abuse & Neglect 31: Ill 123. Jensen TK, Gulbrandsen W, Mossige S, Reichelt S, Tjersland OA. 2005. Reporting possible sexual abuse: A qualitative study on children's perspectives and the context for disclosure. Child Abuse & Neglect 29(12): 1395 1413. Jonson E, Lindblad F. 2004. Disclosure, reactions and social support: Findings from a sample of adult victims of child sexual abuse. Child Maltreatment 9(2): 190 200. Kilpatrick DG, Saunders BE. 1995. The National Survey of Adolescents in the United States [Computer File]. Medical University of South Carolina [producer], 1999. Inter university Consortium for Political and Social Research [distributor], 2000: Ann Arbor, MI. Kogan SM. 2004. Disclosing unwanted sexual experiences: Results from a national sample of adolescent women. Child Abuse & Neglect 28: 147 165. Lalor K, McElvaney R. 2010. Child sexual abuse, links to later sexual exploitation/high risk sexual behavior, and prevention/treatment programs. Trauma, Violence & Abuse 11(4): 159 177. DOI: 10.1177/1524838010378299 Lamb ME, Orbach Y, Sternberg KJ, Esplin PW, Hershkowitz I. 2002.The effects of forensic interview practices on the quality of information provided by alleged victims of child abuse. In Children's Testimony: A handbook of Psychological Research and Forensic Practice, Westcon ILL, Davies GM, Bull R (eds). John Wiley & Sons Ltd: Chichester, England; 131 145. Lawson L, Chaffin, M. 1992. False negatives in sexual abuse disclosure interviews: Incidence and influence of caretaker's belief in abuse in cases of accidental abuse discovery by diagnosis of STD. Journal of Interpersonal Violence 7(4): 532 542. London K, Bruck M, Ceci SJ, Shuman D. 2005. Disclosure of child sexual abuse: What does the research tell us about the ways that children tell? Psychologn Public Policy, and Law 11(1): 194 226. Lyon TD. 2007. False denials: Overcoming methodological biases in abuse disclosure research. In Child sexual abuse: Disclosure, delay and denial, M Pipe, M Lamb, Y Orbach, AC Cederborg (eds). Lawrence Erlbaum Associates: London; 41 62. McElvaney R. 2002. Delays in reporting childhood sexual abuse and implications for legal proceedings. In Sex and Violence: The Psychology of Crime and Risk Assessment, Farrington DP, Rollin CR, McMurran M (eds). Routledge: London; 138 153. McElvaney R. 2008. How children tell: containing the secret of child sexual abuse. Unpublished doctoral dissertation, Trinity College, Dublin. McElvaney R, Greene S, Hogan D. 2012. Containing the secret of child sexual abuse. Journal of Interpersonal Violence 27(6):I 155 1175. DOI: 10.1177/0886260511424503 McGee H, Caravan R, deBarra M, Byrne J, Conroy R. 2002. The SAVI Report: Sexual Abuse and Violence in Ireland. The Liffey Press: Dublin. Mudaly N, Goddard C. 2006. The truth is longer than a lie: Children's experiences of abuse and professional interventions. Jessica Kingsley Publishers: London. Olafson E, Lederman CS. 2006. The state of the debate about children's disclosure patterns in child sexual abuse cases. Juvenile and Family Court Journal 57(1): 27 40. Priebe G, Svedin CG. 2008. Child sexual abuse is largely hidden from the adult society: An epidemiological study of adolescents' disclosures. Child Abuse & Neglect 32: 1095 1108. Quas JA, Goodman GS. 2011. Consequences of criminal court involvement for child victims. Psychology, Public Policy and Law 18, 392 414 10.1037/a0026146 Quas JA, Goodman GS, Ghetti SA, Kristen W, Edelstein RR, Allison D, Cordon IM, Jones, DPII. 2005. Childhood sexual assault victims: Long term outcomes after testifying in criminal court: VII. General discussion. Monographs oldie Society for Research in Child Development 70(2): 104 117. Quayle E, Jonsson L, Loaf L. 2012. Online Behaviour related to Child Sexual Abuse: Preliminary Version. ROBERT Project. Available: http://www.innocenceindangendeffileadmin/user upload/ Downloads/ROBERT/Interview analysis PRELIMINARIpdf [18 June 2012]. Resnick HS., Kilpatrick DG., Dansky BS, Saunders BE, & Best CL. 1993. Prevalence of civilian trauma and posttraumatic stress disorder in representative national sample of women. Journal of Consulting and Clinical Psychology 61: 984 991. Rispers 1, Aleman A, Goudena PP. 1997. Prevention of child sexual abuse victimization: A meta analysis of school programs. Child Abuse & Neglect 21: 975 987. RL, Lindblad F. 2002.Limited disclosure of sexual abuse in children whose experiences were documented by videotape. The American Journal of Psychiatry• 159: 312 314.
+
+Smith DW, Letoumeau EJ, Saunders BE, Kilpatrick DG, Resnick, HS, Best CL. 2000. Delay in disclosure of childhood rape: Results from a national survey. Child Abuse & Neglect 24: 273 287. Staller KM, Nelson Gardell D. 2005. "A burden in your heart": Lessons of disclosure from female preadolescent and adolescent survivors of sexual abuse. Child Abuse & Neglect 29: 1415 1432. Summit R. 1983. The child sexual abuse accommodation syndrome. Child Abuse & Neglect 7(2): 177 193 Ungar M, Barter K, McConnell S, Tutty L, Fairholm I 2009a. Patterns of disclosure among youth. Qualitative Social Ifbrk 8(3): 341 356. DOI: 10.1177/1473325009337842. Ungar M, linty LM, McConnell S, Barter K, Fairholm J. 2009b. What Canadian youth tell us about disclosing abuse. Child Abuse & Neglect, 33: 699 708. Zwi KJ, Woolfenden SR, Wheeler DM, O'Brien TA, Tait P, Williams KW 2007. School based education programmes for the prevention of child sexual abuse (Review). Cochrane Database of Systematic Review 3: CD004380.
+
+# CLINICAL RESEARCH ARTICLE
+
+# Predictors of delayed disclosure of rape in female adolescents and young adults
+
+Iva A. E. Bicanicl ", Lieve M. Hehenkampl , Elise M. van de Puttee, Arjen J. van Wijk3 and Ad de Jongh3•4
+
+Background: Delayed disclosure of rape has been associated with impaired mental health; it is, therefore, important to understand which factors are associated with disclosure latency. The purpose of this study was to compare various demographics, post rape characteristics, and psychological functioning of early and delayed disclosers (i.e., more than I week post rape) among rape victims, and to determine predictors for delayed disclosure.
+
+Methods: Data were collected using a structured interview and validated questionnaires in a sample of 323 help seeking female adolescents and young adults (12 25 years). who were victimized by rape, but had no reported prior chronic child sexual abuse.
+
+Results: In 59% of the cases, disclosure occurred within I week. Delayed disclosers were less likely to use medical services and to report to the police than early disclosers. No significant differences were found between delayed and early disclosers in psychological functioning and time to seek professional help. The combination of age category 12 17 years [odds ratio (OR) 2.05, confidence intervals (CI) 1.13 3.73], penetration (OR 2.36, CI 1.25 4.46), and closeness to assailant (OR 2.64, CI 1.52 4.60) contributed significantly to the prediction of delayed disclosure.
+
+Conclusion: The results point to the need of targeted interventions that specifically encourage rape victims to disclose early, thereby increasing options for access to health and police services.
+
+Keywords: Adolescents; young adults: rape: sexual assault: disclosure; latency to disclosure; posurauniatic stress disorder
+
+Responsible Editor: Rita Rosner, KU Eichstaett Ingolstadt. Germany.
+
+For the abstract or full text in other languages, please see Supplementary files under Article Tools'
+
+Received: 31 August 2014; Revised: 30 Mardi 2015: Accepted: 13 April 2015; Published: 11 May 2015
+
+p revious studies have shown that disclosure of rape to formal agencies, such as police or mental health services, is uncommon (Fisher, Cullen, & Turner, 2000; Wolitzky-Taylor et al., 2011), especially when the rape has been committed on a date or by an acquaintance and involves the victim's use of drugs and/or alcohol (Resnick et al., 2000; Wolitzky-Taylor et al., 2011). There is evidence to suggest that victims believe that professionals will not be helpful to them because their rape experience does not match stereotypical conceptions of rape, such as involving a stranger, a weapon, and severe injury (Patterson, Greeson, & Campbell, 2009; Resnick et al., 2000). Accordingly, adolescents and young adults, who are more at risk to be victimized by rape than other age
+
+groups (De Haas, Van Berlo, Bakker, & Vanwesenbeeck, 2012; Tjaden & Thoennes, 2006), may not receive targeted mental health care and may not report the crime to the police (Ruch, Coyne, & Perrone, 2000).
+
+For reasons of mental health and public safety, it is important to understand the potential factors that are related to disclosure. Timing of disclosure may be a crucial factor, as early disclosers are more likely to utilize appropriate medical care and report to the police than delayed disclosers (Ahrens, Stansell, & Jennings, 2010; Ullman & Filipas, 2001). In contrast, adults who wait longer than month to disclose the rape are more likely to suffer from posttraumatic stress disorder (PTSD) and depression compared to early disclosers (Ruggiero et al., 2004).
+
+x27;National Psychotraumacenter for Children and Youth, University Medical Center Utrecht, Utrecht The Netherlands; 2Department of Paediatrics, University Medical Center Utrecht, Utrecht, The Netherlands; 3Department of Behavioral Sciences, ACTA, University of Amsterdam and VU University, Amsterdam, The Netherlands; °School of Health Sciences, Salford University, Manchester, United Kingdom
+
+x27;Correspondence to: Iva A. E. Bicanic, National Psychotrauma Center for Children and Youth, University Medical Center Utrecht, P.O. Box 85090, NL 3508 AB Utrecht, The Netherlands, Email: i.a.e.bicanio@rencutrecht.n1
In addition, adolescents who disclose their rape experience at least I month after the incident took place are found to be at higher risk for major depressive disorder and delinquency (Broman-Fulks et al., 2007) compared to those who disclosed within I month.
Victim—assailant relationship is crucial in disclosure latency, with victims being at higher risk for delayed disclosure if there is a close relation with the assailant (Kogan, 2004; Koss, 1988; Rickert, Wiemann, & Vaughan, 2005). In contrast, delayed disclosure is less common in victims of a stereotypical rape, i.e., rape by a stranger including a weapon and injury (Smith et al., 2000). Victims of prior sexual trauma are more likely to postpone disclosure of a subsequent assault than those without prior victimization (Smith et al., 2000; Ullman, 1996). This is in contrast with the findings of Ahrens et al. (2010), who report no difference in rates of prior sexual trauma between early and delayed disclosers. In addition, the victim's age appears to be an important variable in predicting disclosure. Evidence suggests that young children are at higher risk for delayed disclosure than adolescents (Kogan, 2004; Schonbucher, Maier, Mohler-Kuo, Schnyder, & Landolt, 2012). Thus, various rape and victim-related characteristics have been found to be associated with timing of disclosure.
The majority of the aforementioned studies included college and adult female rape victims. It is important to examine rape disclosure latency in an age and sex group that is most at risk for rape victimization. There is only one prior quantitative study in adolescents (those aged 12-17 years) that identified factors that might influence disclosure latency (Kogan, 2004). He found that identity of the assailant, a familial relationship with the assailant, and a history of drug abuse in the household were related to the timing of disclosure. The results suggested that a familial relationship with the assailant will postpone disclosure, whereas a history of drug abuse in the household, albeit this seems counterintuitive, makes prompt disclosure more likely. This study had some limitations, including the fact that the interviews were conducted by telephone and that the description of the relationship with the assailant was limited. Therefore, in the present study, we investigated a sample of female adolescent and young adult victims of rape who were admitted to a specialized mental health centre for victims of sexual assault. The first aim of this study was to compare demographics, post-rape characteristics, and psychological functioning between early and delayed disclosers in this group. The second aim, based on the exploratory findings of Kogan (2004), was to determine the predictors for delayed disclosure in adolescents and young adults, including age, prior trauma, and victim—assailant relationship using logistic regression analyses. Insight into the predictors for delayed disclosure for adolescents and young adults may reveal not only potential causal mechanisms but also possible targets for
interventions that increase victims' opportunities to receive timely post-rape services.
Rape was defined as "an event that occurred without the victim's consent that involved the use or threat of force in vaginal, anal, or oral intercourse" (Tjaden & Thoennes, 2006). The definition includes both attempted and completed rape; the term "completed" referring to vaginal, oral, anal, or multiple penetrations. Victims who disclosed within 1 week were defined as "early disclosers," whereas those who disclosed at least after 1 week were defined as "delayed disclosers." This dichotomization of the variable "disclosure latency" was based on the study of Ahrens et al. (2010) and the national standard criteria for admission to a Rape Centre in the Netherlands, i.e., a maximum of 7 days post-rape.
The study was conducted in the Dutch National Psychotrauma Centre, which provides psychological services for rape victims aged 12-25 years and their parents. Between May 2005 and December 2011, the centre received 621 phone calls concerning alleged rape victims from police authorities, mental health services, and selfreferrals. In 178 cases, the phone call did not result in admission at the centre because of age limitations, or motivational reasons. In 108 cases, referrals were made to other institutions because the index trauma was chronic childhood sexual abuse rather than rape in adolescence/ young adulthood. Of the 335 cases admitted to the centre, 12 were not included in this study because of male gender, resulting in a final sample of 323 females with the index trauma being single rape. Referral sources for this final sample included the police (33.7%), mental health services (40.7%). and self-referrals, i.e., victims or parents (25.6%).
During admission, all patients underwent a psychological assessment, consisting of 1) a structured interview for obtaining demographic and post-rape characteristics and 2) self-report questionnaires to obtain information about mental health functioning. Information from the interview was transcribed onto a form designed for this purpose. The following variables were obtained and dichotomized or categorized for the purpose of the study:
We asked patients about their current age, educational level (lower, middle, or higher), and whether they were of Dutch origin (i.e., in case of having parents born in the Netherlands). Those between 12 and 17 years of age were defined as adolescents and those between 18 and 25 years of age as young adults. We also asked whether the patient was living with their parent(s) (yes/no), and whether the
family structure was complete, i.e., whether the biological parents were living together (yes/no). Patients were then asked to confirm the presence of prior negative sexual experiences (yes/no), and whether they had a current sexual relationship (yes/no).
Information about date and time of the rape was obtained to calculate the time since rape at admission. Next, patients were requested to describe the rape. Their response was categorized into use of penetration (yes/no), group rape (yes/no), use of physical violence (yes/no), and use of threats verbally and/or with a weapon (yes/no). Also, information regarding the victim's relationship to the assailant was obtained. The assailant was defined as a stranger when the victim had never been in contact with the assailant before the rape. Responses were used to form a closeness category (yes in case of family, (boy) friend, or mentor). Patients were also asked about the (estimated) age of the assailant (categorized into 12-17 years or > 18 years), and whether the victim had used alcohol prior to the rape (yes/no).
Patients were asked when they first talked about the rape. The response was used to calculate the disclosure time and the help-seeking time. At the end of the interview, patients were asked whether they had reported to the police after the incident (yes/no), and whether they had received any medical care after the incident (yes/no).
The study was performed in accordance with the precepts and regulations for research as stated in the Declaration of Helsinki, and the Dutch Medical Research involving Humans Subjects Act concerning scientific research. According to the Ethical Medical Committee of the University Medical Centre Utrecht, this act was not applicable to the present study. Written informed consent was obtained from both patients and parents.
The Children's Responses to Trauma Inventory (CRTI; Alisic, Eland, & Kleber, 2006) was used for participants aged 12-18 years. This is a 34-item questionnaire assessing severity of PTSD symptoms according to DSM-IV. Patients are asked to indicate to what extent a reaction to a traumatic event was present during the past week. Scores range from I to 5, with higher scores indicating more symptomatology. The four subscales: Intrusion, Avoidance, Arousal, and Other Child-Specific Reactions consist of 7, 11, 6, and 10 items, respectively. The reliability of this instrument is good to excellent (Cronbach's a 0.92 for total score, 0.79 for Intrusion, 0.77 for Avoidance, 0.71 for Arousal; Alisic & Kleber. 2010).
For the purpose of the study, only the total score was analysed.
Children Depression Inventory (CDI; Kovacs, 1992; Timbremont & Braet, 2002) was used for participants aged 12-17 years of age. The CDI is a 27-item questionnaire, assessing cognitive, affective, and behavioural symptoms of depression. The Dutch CDI has a satisfactory internal consistency, with Cronbach's a ranging between 0.71 and 0.89 (Timbremont & Braet, 2002).
The Youth Self-Report (YSR; Achenbach & Rescorla, 2001) was used for participants aged 12—I8 years. This questionnaire evaluates the teenager's perception of behavioural and emotional problems. YSR has shown to be internally reliable (Cronbach's a's ranging from 0.71 to 0.95), and convergent and discriminant validity is reported to be satisfactory (Berube & Achenbach, 2006). The YSR includes four broadband scales and nine narrow-band scales to assess behaviour problems. For the purpose of the study, only the total score on behaviour problems was included in the analyses.
The Symptom Checklist-90-R (SCL-90-R; Arrindell & Ettema, 1986) was used for participants aged 12-25 years. This is a 90-item self-report inventory to assess psychosocial distress. Patients were instructed to indicate the amount they were bothered by each of the distress symptoms during the preceding week. Patients rated 90 distress symptoms on a five-point Liken scale with being "not at all" and 5 being "extremely." The statements are assigned to eight dimensions, reflecting various types of psychopathology: anxiety, agoraphobia, depression, somatization, insufficiency, sensitivity, hostility, and insomnia. The Global Severity Index (GSI) can be used as a summary of the test and reflects the severity of all answered statements as a global measure of distress. Cronbach's a has been found to range from 0.73 to 0.97. For the purpose of the study, only the GSI was analysed.
To compare demographic and post-rape characteristics between the early and delayed disclosers, chi-square tests were used. To compare multiple continuous psychological scores, MANCOVA was used with "time since trauma" as a covariate to correct for the potential influence of time since trauma.
Delayed disclosure was used as a dependent variable. The strength of the univariate associations between each potential risk factor and delayed disclosure was estimated by calculating the odds ratio (OR) along with 95% confidence intervals (95% CI). To determine the strongest risk factors for delayed disclosure, each potential risk
factor identified in the univariate analyses with a significant OR (p <0.05) was entered as a predictor variable into the multivariable model, using a stepwise forward logistic regression (LR) analysis with delayed disclosure as the outcome variable. The Hosmer—Lemeshow goodnessof-fit chi-square was used to calculate how well the data fit the model. For all statistical analyses, a p-value of <0.05 was considered statistically significant.
All statistical analyses were conducted using SPSS (IBM SPSS Statistics for Windows, Version 20.0, IBM Corp., Armonk, NY).
Socio-demographic characteristics of the sample are presented in Table I. Victims' age ranged from 12 to 25 years, with a mean age of 16.7 years (SD =2.7) and a median age of 16.1 years. Victims' mean age at time of rape was 14.3 years (SD =2.7) and a median age of 13.9 years. Penetration occurred in 79.6% of the cases. None of the victims reported prior chronic child sexual abuse. Data about victim—assailant relationship are presented in Table 2. Victims first disclosed after a mean 20.8 weeks (SD =56.8, range 1-624 weeks), although 58.5% of the cases told within 1 week. First disclosure was to a friend (45.8%), parent(s) (17.1%), (ex) boy-friend (9.4%), family member (6.8%), professional (5.8%), or other adult (15.2%). With regard to post-rape services, 53.8% of all victims consulted a doctor for medical care and 51.4% reported to the police. On average, victims were admitted to the centre 59.8 weeks post-rape (SD =93.7, range 1-676). The mean GSI of the rape victims on the SCL-90- R (Al = 209.7, SD = 61.8) was comparable with previously reported data of psychiatric populations [M=203.55, SD = 61.60; 4269) =1.629, p = 0.104] and was substantially
Table I. Demographic characteristics of rape victims (N-323) in valid percentages
| N | 44 | |
|---|---|---|
| Dutch origin° Education lever | 274 | 84.8 |
| Low | 182 | 58.0 |
| Medium | 76 | 24.2 |
| High | 56 | 17.8 |
| Parents divorced | 102 | 31.9 |
| Lives at parental home | 273 | 85.3 |
| Current relationship | 81 | 26.5 |
| Prior negative sex | 46 | 14.8 |
'Dutch origin was defined as being a child from parents born in the Netherlands: °after 6 years of general primary school, at the age of 12 years. students enter low (4 years). medium (5 years). or high (6 years) secondary education level.
Table 2. Victim assailant relationship (N-323) in valid percentages
| Stranger | 94 | 29.5 |
|---|---|---|
| (Ex-)Boyfriend | 32 | 10.0 |
| Friend | 33 | 10.3 |
| Acquaintance | 61 | 19.1 |
| Person met during nightlife | 30 | 9.4 |
| Second-degree relative | 15 | 4.7 |
| Person seen only once | 15 | 4.7 |
| Person from school | 14 | 4.4 |
| Person met on the intemet | 12 | 3.8 |
| Colleague | 10 | 3.1 |
| Mentor | 3 | 1.0 |
higher [4269) =24.297, p <0.001] compared to the general population (M=118.28, SD =32.38; Arrindell & Ettema, 1986). For the CDI, mean scores were in the clinical range (M=17.2, SD =4.6) and rape victims had significantly higher mean scores (1(230)=15,923, p <0.001), in comparison to previously reported data of the general population of adolescent girls (Timbremont, Braet, & Roelofs, 2008; M=9.01, SD =6.45).
Fifty-nine percent of the sample consisted of early disclosers (disclosure within I week). No significant differences in demographic characteristics were found between early and delayed disclosers, except that there were more delayed disclosers in the age category 12-17 years compared to the early disclosers group (x2 (1) =6.96; p = 0.008). For rape characteristics, significant differences between groups were found for the use of penetration, with more victims of penetration in the delayed disclosers group compared to the early disclosers group (x2 (I) = 5.37; p =0.02). Also, the delayed disclosers group presented more victims of verbal and/or weapon threats than the early disclosers group (x2 (I)=5.35; p =0.02). Furthermore, among the delayed disclosers more victims identified the assailant as a close person compared to the early disclosers (x2 (I) =10.84; p =0.001). Alcohol was used more often in the early disclosers group compared to the delayed disclosers group (x2 (I) =20.24;p <0.001).
With respect to post-rape characteristics, a significantly smaller proportion of the delayed disclosers (15.9%) utilized medical services following the rape compared to the early disclosers (30.3%; z2 (1)=5.32; p =0.02). Similarly, a significantly smaller proportion of the delayed disclosers (14.6%) compared to the early disclosers (34.3%) reported the rape to the police (x2 (I) =16.15; p <0.001). The time since trauma at admission was significantly lower for early disclosers (M=41.1 weeks, SD =79.4) than for delayed disclosers (M =82.9 weeks,
SD =103.3: 4314) =4.06, p <0.001). Mean and median time to seek help were 37.7 and 12.0 weeks, respectively. Mean time to seek help did not differ between groups (1(309)=2.54, p <0.48). Excluding outliers (M±3 SD, N = II) did not change the outcome of this analysis. Both early and delayed disclosers scored in the highest level of psychological distress when compared to previously reported norm scores (CRTI, Alisic, Eland, Huijbregts, & Kleber, 2012; CDI, Timbremont et al., 2008; YSR, Achenbach & Rescorla, 2001; SCL-90, Arrindell & Ettema, 1986), but the MANCOVA results showed that when comparing multiple continuous psychological scores, the overall psychological functioning (posttraumatic stress, depression, behavioural problems, and general psychopathology) did not differ significantly between early and delayed disclosers (F(6,I98) = 0.88, p =0.51).
Table 3 shows the ORs with 95% Cls for the associations between potential risk factors and delayed disclosure. Delayed disclosers, when compared to early disclosers, were significantly more likely to be in the age category of 12-17 years (OR =2.10), to have experienced rape by a close person (OR = 2.35), to have been threatened verbally and/or with a weapon (OR =1.75), and to have experienced penetration (OR = 1.99). Delayed disclosers were also found less likely to have used alcohol prior to the rape (OR = 0.22). None of the other factors were found to be significant risk factors for delayed disclosure.
A stepwise forward LR analysis was conducted to predict delayed disclosure, using "age category," "close assailant," "use of threats," and "penetration" as predictors. Victims' alcohol use was not entered in the analysis because of missing values for 33.4% of the cases. The use of threats was not a significant predictor in the model. A test of the full model against a constant-only model was statistically significant, indicating that the predictors (i.e., age category 12-17 years, close assailant, penetration) reliably distinguished between early and delayed disclosers (2 2 (3) = 23.09, p <0.000). There were no significant interactions between the predictors. Nagelkerke's R2 of 10.5% suggests only a modest association between the predictors and delayed disclosure, although the model did show an adequate fit to the data (Hosmer-Lemeshow x 2 (4) = 2.77, p <0.60). In total, 62% of the respondents were categorized correctly, when using the three predictors that contributed significantly to the prediction of delayed disclosure: age category 12-17 years (OR 2.05, CI 1.13- 3.73), penetration (OR 2.36, CI 1.25-4.46), and closeness to the assailant (OR 2.64, CI 1.52-4.60).
The results of this study show that, although no differences were found between delayed and early disclosers in psychological functioning and time to seek help,
delayed disclosers were less likely to use medical services and to report to the police than early disclosers. Furthermore, this study identified a number of factors related to the timing of rape disclosure, showing that delayed disclosers represented significantly more adolescents than young adults, significantly more victims of penetration than assault, significantly more victims who were threatened than not threatened, and significantly more victims who were close with the assailant.
The finding that delayed disclosers are less likely to utilize medical services and report to the police than early disclosers is in line with previous studies in adult women (Ahrens et al., 2010; Ullman, 1996; Ullman & Filipas, 2001). It suggests that disclosure latency is important for public health and safety, as delayed disclosure may not only impede reception of proper medical care, such as treating anogenital injuries and preventing the onset of STDs and unwanted pregnancy (Linden, 2011), but also impede the forensic investigation and apprehension of the assailant (Lacy & Stark, 2013).
Three variables were identified that successfully predicted delayed disclosure: age category 12-17 years, penetration, and the assailant being a close person. The finding that the victim's age significantly predicts disclosure latency is in line with previous research showing that adolescents are at a greater risk for delayed disclosure when compared to their older counterparts (Kogan, 2004; Smith et al., 2000). Adolescents may be less able to overcome the barriers to disclose, including factors such as assailant tactics for maintaining secrecy, stigma that often accompanies rape, and fear that their parents would consequently limit their freedom (Crisma, Bascelli, Paci, & Romito, 2004). Also, as victims approach adulthood, they may possess more information about their rights and options after victimization, and have more possibilities for whom to disclose. In our study, most adolescents disclosed the rape event to peers, in line with prior research (Crisma et al., 2004; Priebe & Svedin, 2008).
The use of penetration was found to make victims more likely to postpone disclosure, opposite to the results from Priebe and Svedin (2008), but in line with an older study by Arata (1998), who found that more severe forms of sexual abuse were associated with less disclosure. Penetration may influence disclosure latency through a variety of mechanisms. It could be argued that more severe rape, indicated by the use of penetration, is more likely to be accompanied by extensive coercive use of tactics to maintain the victim's silence, with fear of reprisal possibly contributing to the finding of delayed disclosure (Kogan, 2004). Also, adolescents may think that social reactions in response to disclosure are more negative in case of completed rape compared to assault.
Another factor that seems to make immediate disclosure of rape less likely is closeness to the assailant, as indicated by the assailant being a (boy)friend, family
lithie 3. Demographic and (post )rape characteristics by disclosure time (early vs. delayed disclosers) and odds ratios for delayed disclosure
| Demographic and (post-)rape characteristics Age category (years) | Early disclosure (N=185) | Delayed disclosure (i.e., >1-week post-rape), N=131 | OR | 95% CI | ||
|---|---|---|---|---|---|---|
| 18 25 | 55 | 17.4 | 22 | 7.0 | ||
| 12 17 Dutch origin | 130 | 41.1 | 109 | 34.5 | 2.10 | 1.20 3.65' |
| No | 27 | 8.5 | 22 | 7.0 | ||
| Yes Living with parent(s) | 158 | 50.0 | 109 | 34.5 | 0.85 | 0.46 1.56 |
| No | 29 | 9.2 | 16 | 5.1 | ||
| Yes Complete family structure | 155 | 49.2 | 115 | 36.5 | 1.35 | 0.70 2.59 |
| No | 58 | 18.4 | 42 | 13.3 | ||
| Yes Current sexual relationship | 127 | 40.3 | 88 | 27.9 | 0.96 | 0.59 1.55 |
| No | 127 | 411 | 97 | 31.9 | ||
| Yes Prior negative sexual experience(s) | 53 | 17.4 | 27 | 8.9 | 0.67 | 0.39 1A4 |
| No | 152 | 49.4 | 110 | 35.7 | ||
| Yes Known assailant | 32 | 10.4 | 14 | 4.5 | 0.61 | 0.31 1.19 |
| No | 56 | 17.7 | 36 | 11.4 | ||
| Yes Close to assailant | 129 | 40.8 | 95 | 30.1 | 1.15 | 0.70 1.88 |
| No | 150 | 47.6 | 84 | 26.7 | ||
| Yes Group rape | 35 | 11.1 | 46 | 14.6 | 2.35 | 1.40 3.9r |
| No | 160 | 50.8 | 116 | 36.8 | ||
| Yes Age of assailant (years) | 24 | 7.6 | 15 | 4.8 | 0.86 | 0.43 1.71 |
| 12 17 | 63 | 20.6 | 54 | 17.6 | ||
| >18 Use of penetration | 117 | 38.2 | 72 | 23.5 | 0.72 | 0.45 1.14 |
| No | 46 | 14.7 | 19 | 6.1 | ||
| Yes Use of threats | 136 | 43.5 | 112 | 35.8 | 1.99 | 1.10 3.60' |
| No | 90 | 31.6 | 48 | 16.8 | ||
| Yes Use of physical violence | 76 | 26.7 | 71 | 24.9 | 1.75 | 1.09 2.82' |
| No | 130 | 42.6 | 82 | 26.9 | ||
| Yes | 51 | 16.7 | 42 | 13.8 | 1.31 | 0.80 2.14 |
| No | 72 | 33.5 | 69 | 32.1 | ||
| Yes | 61 | 28.4 | 13 | 6.0 | 0.22 | 0.11 0.44' |
'p <0.05.
Seven participants were dropped from analyses due to missing disclosure time data.
member, or mentor. This finding is consistent with previous studies showing that the closer the relationship between the victim and assailant, the less likely the young
woman was to report this victimization to anyone (Koss, 1988; Rickert et al., 2005; Wolitzky-Taylor et al., 2011). The dynamics of intrafamilial abuse is often proposed as
the explanation for delayed or non-disclosure (Kogan, 2004; Smith et al., 2000). In the present study, however, only 5% of the assailants were identified as a family member. Most close relationships referred to (boy)friends, suggesting that a significant percentage of the sample experienced peer-to-peer victimization. This type of victimization is most likely to occur during adolescence, as compared to childhood or young adulthood, and greatly increases the risk of revictimization (Humphrey & White, 2000). Hence, victims of rape by peers may be a target group for interventions promoting early disclosure.
Clearly, there are many variables working in tandem to affect the timing of victim's disclosure. A closer look at the final model, which identified three unique variables that contributed significantly to the prediction of delayed disclosure, can help us to better understand the phenomenon of initial disclosure in adolescents and young adults. Younger adolescent victims who are raped by a close person are more likely to delay disclosure than older victims of attempted rape by a stranger or acquaintance. Perhaps, they struggle with the notion that someone close to them performed such a violent act against them, which confuses them about what might happen in terms of safety if they would disclose (or not). This finding is especially important in the light of the fact that approximately 80% of victims had some sort of relationship with their perpetrator prior to the assault (Basile, Chen, Black, & Saltzman, 2007). With regard to rape types, it would intuitively seem that less severe forms of sexual assault are associated with delayed disclosure and that completed rape would be easier to identify as clearly inappropriate and wrong. Victims of completed rape, however, may be more likely to experience negative psychological reactions, e.g., self-blame and avoidance coping. It is conceivable that they delay their disclosure as a result of rape-induced psychological distress (Starzynski, Ullman, Filipas, & Townsend, 2005), not necessarily the severity of the assault.
Although the final model showed acceptable goodness of fit, the percentage of explained variance of delayed disclosure was modest. Thus. there must be other variables predictive of delayed disclosure, such as the assailant's use of alcohol or weaker support systems, that we did not assess in this study. Besides this limitation, there are other drawbacks of this study that should be mentioned. First, a clinical sample was used with patients reporting high mean levels of psychological distress. This ceiling effect may explain why no differences were found between early and delayed disclosers on psychological functioning, contrary to prior studies (Broman-Fulks et al., 2007; Ruggiero et al., 2004). Second, posttraumatic stress was only assessed for children up to 18 years, and for young adults additional suitable measures were not used. Third, information could have been lost due to dichotomizing the variable disclosure latency. Fourth, results may not be
generalizable to all rape victims, because the percentage of victims that consulted a medical professional and reported to the police was higher in our sample than in most studies (Hanson et al., 2003; Resnick et al., 2000; Zinzow, Resnick, Bare, Danielson, & Kilpatrick, 2012). Perhaps, these differences could, at least partially, be explained by the fact that stranger rape, representing 30% of our sample, leads to higher likelihood of help-seeking and police reporting because of its association with higher acknowledgment of victim status (Resnick et al., 2000; Smith et al., 2000). The fact that this is a help-seeking sample is critical for the reasons cited in the discussion, but also because the generalizability of these data to rape victims who never tell anyone—perhaps the group most at risk—simply cannot be known. Besides these limitations, several strengths of the current study need to be noted. One strength is the unique set of adolescents and young adults who presented at a mental health care centre after a single rape event, but who reported no prior chronic sexual abuse in childhood. For 85% of the sample, the index trauma was a first time rape. Moreover, data were collected at a designated referral centre for victims of rape and, therefore, the sample is likely to represent the clinical population of Dutch victims in the age group of 12-25 years.
The findings of the current study, suggesting that delayed disclosers are less able to benefit from emergency medical care and evidence collection, have a number of practical implications. One of the strategies to enhance victims' willingness to disclose within the first week postrape may be sexual education campaigns in school and media, as being uninformed is one of the reasons for them not to disclose (Crisma et al., 2004). Education may include medical information on rape-related pregnancy and STDs, as well as the need for timely emergency contraception and prophylaxis, given that these concerns appear to be facilitators of seeking medical help (Zinzow et al., 2012). Also, practical information about DNA evidence and how to best protect it, e.g., related to showering, clothing, eating, and drinking, may increase the awareness of opportunities in the early-phase post-rape. Moreover, facts about the potential psychological impact of rape, such as PTSD and revictimization, but also information about evidence-based treatments (Elwood et al., 2011; Littleton & Ullman, 2013; McLaughlin et al., 2013), may increase help-seeking behaviour in an early stage. Furthermore, efforts to encourage early disclosure must consider peer-to-peer victimization as a primary factor, as most participants in this study experienced this type of victimization, and may initially not have defined or acknowledged the incident as rape because they rationalize such experiences as normal (Hlavka, 2014), leading to the finding of delayed disclosure.
In conclusion, the results of the present study suggest that adolescent victims of rape with penetration by
someone close are at increased risk for delayed disclosure, and that delayed disclosers are less likely to use medical services and to report to the police. These findings may assist clinicians and policymakers in understanding rape and help to develop interventions (Unterhitzenberger & Rosner, 2014), specifically targeted to support adolescents and young adults to disclose in an early-phase postrape. Although the vast majority of the participants was living at their parental home, many of the sample did not first disclose to their parents. Therefore, it could be argued that in prevention programs specific attention should be given to the strengthening of the child—parent relationship, to facilitate disclosure to parents (Schonbucher et al., 2012). Next, as victims tend to disclose mostly to peers, prevention programmes may need to aim at teaching adolescents how they can help a peer victim if they become a recipient of disclosure (Schonbucher et al., 2012). In addition, education may increase victims' willingness to disclose early, thereby increasing opportunities for access to health and police services. It is more likely to reach adolescents with direct, active, and online outreach programs via communication channels that are frequently used by adolescents and young adults particularly social media (i.e., Facebook, Twitter, YouTube, etc.), forums, and mobile apps. Such programmes, wherein adolescents and young adults are being treated as agents and decision makers (Hlavka, 2014), should focus on information concerning what rape actually is—not only the stereotypical idea of rape and what (not) to do in the aftermath of rape especially in the first week postrape. Another way to help improve the support of victims of rape is the implementation of multidisciplinary sexual assault centres (Bicanic, Snetselaar, De Jongh, & Van de Putte, 2014; Bramsen, Elklit, & Nielsen, 2009), as these may be the most suitable places to organize education campaigns and offer integrated post-rape services in one location. Future research should investigate whether the availability of such centres increases the prevalence of police reporting and use of medical care. Moreover, as discussed, previous research concerning the topic of disclosure has focused on the disclosure process, mainly the effect of negative social reactions, and not the latency. In future research, social reactions in relation to disclosure (latency) should be assessed by using the Social Reactions Questionnaire, as well as the victim's perception of their own experience being defined as rape, as many girls and young women do not report or seek help because they regard sexual violence against them as normal (Hlavka, 2014).
There is no conflict of interest in the present study for any of the authors.
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