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Re: (no subject)

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A
Acting Assistant Special Agent in Charge Apr 9, 2020 3:54 PM

Hey

[ ]

gave me a call and advised his unit has pros memos drafted for Maxwell and They will likely be submitted to the SDNY Exec Staff for final approval late this week or early next week.

I know we are not in a position to compose a Grand Jury or even to have arraignments on new complaints barring something that is a significant threat to society. However, this is Epstein and everything has been different with this case. Therefore, it is possible Berman, together with the ADIC, would like to move forward with arrests.

Can you please check with the case team to be sure Maxwell's location hasn't changed.

Thanks,

Acting Assistant Special Agent in Charge
Office
917-862-5993 Cell

?
Unknown Apr 9, 2020 6:04 PM

I have been in touch with the prosecution team several times this week. attorneys have proposed that she plead guilty to misprision of a felony, in violation of 18 U.S.C. § 4, which is basically concealing a federal crime (here, the crime of sex trafficking). It's very similar to obstruction, and would have to admit that she had knowledge of the commission of the underlying crime, and that she both failed to notify authorities and took some affirmative step to conceal the crime. This charge has a range of 0 to 5 years prison, guidelines ranging from 2 to 5. In my opinion the likely outcome will be probation. My team and the prosecution team are all on the same page that this is a good idea. Before I green light SDNY to have the FBI endorsement I wanted to make sure this is good up the chain w Also, this plea is not likely to take place for 2 months, as SDNY believes the victims should have a right to weigh in on the plea and possibly be present for it. Certainly it will not happen during this pandemic.

As far as Maxwell, there is a prosecution memo pending approval at SDNY that you mentioned in your email. As per SDNY, we would not be charging Maxwell until late Spring/early summer. My team and SDNY are both in total agreement on this, as arresting her during this pandemic would be problematic for many reasons. If a wants to push for an arrest right away we should have an internal discussion about it first.

Let me know if you have any questions.

SSA

FBI New York

S
SSA Apr 10, 2020 3:00 PM

Thanks I will keep you posted on updates. As far as Maxwell, we've done all we can to determine her [ ] whereabouts, we've been in touch with the RA up in Boston and they determined that there can be no pole cam, surveillance, etc that would be effective due to the remote location of the residence.

SSA

FBI New York

1419 files from the DOJ Epstein case media release. All files are public records from justice.gov.

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