U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew's Plaza New York, New lark 10007 August 12, 2020 VIA EMAIL Jeffrey S. Pagliuca, Esq. Haddon, Morgan and Foreman, P.C. 150 East 10th Avenue Denver, CO 80203 Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN) Dear Mr. Pagliuca: The Government writes in response to your letter dated August 9, 2020 requesting to use discovery materials produced by the Government in the above-referenced criminal case bearing Bates Nos. SDNY GM 00000834 through SDNY_ GM _ 00000962 (the "Unsealing Materials") to litigate a civil lawsuit. As an initial matter, the Government notes that it remains unclear whether you make this request in your capacity as defense counsel to Ms. Maxwell in the above-referenced criminal case, or in your capacity as her attorney in a separate civil matter. If the former, the Government maintains that the "Confidential" designation of the Unsealing Materials is appropriate because they pertain to an ongoing grand jury investigation and because Chief Judge Colleen McMahon and Magistrate Judge Sarah Netburn have ordered that the Unsealing Materials remain under seal. The only exceptions to those sealing orders are the permission contained in Chief Judge McMahon's April 9, 2019 Order (Bates Nos. SDNY_GM_00000904 through SDNY_GM_ 00000905), namely that the Order itself may be provided to Boies Schiller & Flexner LLP, and, pursuant to separate permissions the Government has obtained in connection with its discovery obligations, that the entirety of the Unsealing Materials may be provided to Ms. Maxwell as discovery in the above-referenced criminal case. Moreover, as noted above, the Unsealing Materials relate to an ongoing grand jury investigation, and their public disclosure at this stage risks interference with that investigation. Indeed, because those materials remain under seal, the Government has refr