Case 1:20-cr-00330-PAE Document 310 Filed 07/02/21 Page 1 of 3 800 Third Avenue New York, NY 10022 ♦1 212 957 7600 phone wwwochengrossor cam DRESSER LLP Christian R. Everdell +1 (212) 957.7600 ccvcrdclIticohengrcsscr.com July 2, 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, NY 10007 Re: United States v. Ghislaine Maxwell, S2 20 Cr. 330 (AJN) Dear Judge Nathan: We respectfully submit this letter to bring to the Court's attention the recent decision by the Supreme Court of Pennsylvania in Commonwealth of Pennsylvania v. William Henry Cosby Jr., 3-100-2020 (Jun. 30, 2021), in which the Court vacated Mr. Cosby's conviction and sentence because the District Attorney's Office that prosecuted him failed to live up to its express promise not to prosecute Mr. Cosby for the same crimes for which he was later convicted.' Ms. Maxwell's case presents a similar situation. As we argued in our supplemental pretrial motions currently pending before the Court (Dkt. 293), the government has failed to abide by its promise not to prosecute Ms. Maxwell for the offenses for which she was immunized by the Epstein NonProsecution Agreement ("NPA"). We submit that this decision provides support for Ms. Maxwell's supplemental motion to dismiss Counts One, Three, Five, and Six of the S2 Indictment for violation of the NPA. In Cosby, Andrea Constand alleged that Mr. Cosby sexually assaulted her in his residence in January 2004. (Op. 4-5). Ms. Constand did not immediately report the assault to law enforcement authorities and continued to have contact with Mr. Cosby in the following months. (Id. at 5-7). In January 2005, approximately one ear after the assault, Ms. Constand reported Mr. County District Attorney's Office Cosby's conduct to the police. (/d. at 6). The investigated the allegations, but then-District Attorney Bruce Castor determined that "there was insufficient credible and