U.S. Department of Justice United States Attorney Southern District of New York The Silvio J. Motto Building One Saint Andrew's Plaza New York. New York 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 Chief Judge Colleen McMahon and Magistrate Judge Sarah Netbum have ordered that the Unsealing Materials remain under seal. The only exceptions to those sealing orders are the production of Chief Judge McMahon's April 9, 2019 Order (Bates Nos. SDNY_GM_00000904 through SDNY_GM_00000905) to Boies Schiller & Flexner LLP, and production of the entirety of the Unsealing Materials to Ms. Maxwell as discovery in the above-referenced criminal case. The Unsealing Materials relate to an ongoing criminal investigation, and their public disclosure at this stage risks interference with that investigation. Moreover, the Protective Order issued by Judge Alison J. Nathan in the above-referenced criminal case expressly provides that any and all discovery material produced to the defendant by the Government, regardless of designation, "[s]hall be used by the Defendant or her Defense Counsel solely for purposes of the defense of this crimin