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By Matthew Russell Lee, Patreon Maxwell Book
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SDNY COURTHOUSE, June 28 – Ghislaine Maxwell, convicted on five of six sex trafficking charges in December 2021 (Inner City Press book here), was up for sentencing on June 28. She got 20 years in prison and a $750,000 fine. Inner City Press live tweeted it here:

OK - Ghislaine Maxwell sentencing has just begun. She is in prison blues; Judge Alison J. Nathan is on the bench.

Judge Nathan: I have ready the parties' submissions, including the letters from friends and family members of Ms. Maxwell. I got a letter from an inmate at MDC about Ms. Maxwell's assistance with tutoring. I also have victim impact statements...

Judge Nathan: Ms. Moe, what has the US done to notify victims? Asst US Attorney Alison Moe: We used the Victim Notification page on our website.  Judge Nathan: The pre-sentence report.  Ms. Maxwell, have you read it? Maxwell: I have an an opportunity to read it.

 Judge Nathan: Mr. Everdell, I know that Ms. Maxwell has continuing objections. Please proceed. It seems your first objection is to Paragraph 22? Maxwell's lawyer Christian Everdell: Yes that's correct.

Judge Nathan: I overrule the objection. I credit the testimony that the defendant targets Ms. Guiffre in the Mara-a-Lago parking lot. Now, as to the assertion that Epstein transferred $23 million to Maxwell during the conspiracy. I find the evidence supports that

 Judge Nathan: As to the claim that Epstein did not buy Maxwell her New York townhouse, I credit the testimony of Kate that it happened. I also credit Mr. Alessi's testimony about orders to see nothing and say nothing.

Judge Nathan:  Paragraph 26, I overrule the objection - the evidence showed the Defendant and Epstein isolated girls, as in New Mexico. On Paragraph 29, I overrule the objection to the inclusion of Kate and her name. The US didn't assert she was a statutory victim

 Judge Nathan: Jane's testimony established that the Defendant took steps to make her feel comfortable to have sexual contact with Epstein. Kate's testimony established that the massages were sexualized. Flight records establish it was before Virginia was 18.

 Judge Nathan: Paragraph 72, defendant objects to the statement Epstein penetrated Carolyn. I overrule - Carolyn testified to this at trial. Para's 75-6, defendant objects because the perjury counts have not been presented to a jury. I overrule. I can consider it.

Judge Nathan: Paragraph 81, defendant says Ms. Maxwell had no personal knowledge of these sexualized massage. I overrule that - they did not interact directly with Ms. Maxwell, but I do conclude her recruitment of Virginia set the scheme in motion.

 Judge Nathan: OK, with those rulings I now adopt the Pre-Sentence Report. It will remain under seal. Now we turn to the sentencing guidelines. There are significant disagreements. The probation department recommends 240 months in prison.

 Maxwell's lawyer Everdell: We argue that which guidelines apply is a jury question, under the ex post facto clause. The government did not engage with our arguments. When did the offense conduct terminate? It's up to the jury to decide.

 AUSA Moe: The conspiracy was still alive past the end of 2004 -- Judge Nathan: But what you point to is definitionally non-conspiracy conduct. AUSA Moe: The question is whether a conspiracy was still ongoing. It's the defendant's burden.

Maxwell's lawyer Everdell: The government is relying on a single message pad, undated. There is no reliable, credible evidence. The court has to consider the weight and reliability of the evidence. The message pad is not sufficient.

Judge Nathan: I have a question about the leadership enhancement. But anything more, Mr. Everdell? Everdell: You have the discretion to sentencing under the 2003 Guidelines. I understand that may not be where you are going.

 Maxwell's lawyer Everdell: There was evidence of money moving, but it was for the helicopter, it was not for Ms. Maxwell.  AUSA Moe: We offer financial transactions to refute the claim that the defendant had moved on. She remained a close associate for many years

 AUSA Moe: The evidence shows that Ms. Maxwell had a supervisory role over Sarah Kellen. That's enough.  Judge Nathan: The leadership over her, as opposed to Epstein being the leader - or there's Kellen sort of replacing Maxwell in the role - can you explain?

AUSA Moe: The defendant was calling victims about massages. Then they bought in Kellen to do it. They traveled together. Maxwell was higher up in the leadership structure. You have 2 knowing conspirators bringing in a much younger woman, so Maxwell was directing

 Maxwell's lawyer Everdell: It is not a fair inference that Ms. Maxwell was supervising Sarah Kellen. Carolyn says Kellen took over, there was a break, they did not overlap. Sarah Kellen replaced Ms. Maxwell. It couldn't be clearer.

 AUSA Moe: Maxwell was still present inside the Palm Beach residence. With respect to the pilots' testimony, it included the statement that Kellen reported to Maxwell. There was an overlap. Everdell: Being present is not enough, it means nothing

Maxwell's lawyer Everdell: Do you want to hear on the five point enhancement for being a repeat dangerous sexual offender. She has never been accused of a crime in the 18 years since. AUSA Moe: We rest on our brief. Judge Nathan: The controlling date for ex post facto purposes is the last date of the offense conduct. The first message pad has no date - so I must apply the 2003 guidelines.

 Judge Nathan: The defendant argues that she did not lead another criminal participant. I find the US has shown the defendant did supervise Sarah Kellen. Maxwell was Epstein's Number Two and the lady of the house.

Judge Nathan: On the undue influence enhancement, I find that it applies. And there is no double-counting here. The jury in Count 6 did convict Maxwell of sex trafficking Carolyn. Other victims testifying they received money.

 Judge Nathan: Carolyn testified that she needed the money for her drug addiction, then for her new-born son. I cite US v. Stebb in the 8th Circuit in 2022. A minor can be a victim even if they initiate the sexual encounter.

 Judge Nathan: I find the offense level is 37, history of 1, under the 2003 guideline it begins at 210 months... Or, the offense level is 36, so guideline range of 188 to 235 months.

 Judge Nathan: So we don't need to resolve the factual objections about Carolyn's age. With respect to fines, the defense contests including the $10 million bequest from Epstein's estate. Maxwell's lawyer Everdell: We don't know if there will be any money left.

AUSA Moe: I don't have additional information on the status of the estate. But it's listed in the Pre-Sentencing Report. So I don't think the objection is well founded.

Judge Nathan: It's listed as an affidavit. That she may lose it is not a basis for excluding it Judge Nathan: Ms. Maxwell reported $22 million in asset when seeking bail. I am unpersuaded Ms. Maxwell is indigent. I intend to impose a fine. With that, I'm going to take a break and then come back at 1 pm.

And we've back -- All rise! Judge Nathan: Ms. Moe, you may take the podium.

AUSA Moe: Ms. Maxwell first met Jane at 14 years old. What she did to Jane and the others was almost unspeakable. Their pain is real and it matters. We ask for an above guideline sentence

 AUSA Moe: These girls were just kids. Maxwell used their dreams as a tool to abuse them. Look at her actions: she persuaded young girls to massage a middle aged man's feet? She groped a girl's chest.

 Assistant US Attorney Moe: What kind of woman teaches a 14 year old girl how a middle aged man how he likes to have his pen*s touched? She was indifferent to the suffering of others. She did it for years.

AUSA Moe: She saw two kind of people. Those who mattered and those who were disposable. She jet setted with Epstein; they molested kids together. These girls now woman are strong, they have shown the world. They carry the trauma.

AUSA Moe: This is one of the rare cases for an above Guidelines sentence. The 2003 Guidelines were inadequate. Consider the sophistication of her predatory conduct. We ask the court to send a message no one is above the law.

 Judge Nathan: OK. Ms. Annie Farmer. Annie Farmer: For a long time I wanted to erase from my mind the crimes Jeffrey Epstein and Ghislaine Maxwell committed against me. I learned that my sister had also been harmed. Judge Nathan: Please slow down.

Annie Farmer: The ripple effects of trauma are undeniable. I felt pain as a sister when Maria was harmed. (sobs). As my family watched her become more isolated and physically ill, there was nothing we could do. She was exploited by Maxwell.

Annie Farmer: Maxwell had many opportunities to come clean. She lied about my sister and me. Later when I pursued my career as a psychologist, I fear to be connected to this case, wrongly described as child prostitution.

 Annie Farmer: Consider the ongoing suffering of her victims. Weigh the systemic effects of her acts. Her lack of remorse created the need for many of us to begin a long struggle for justice. Judge Nathan: Next is Kate. The sketch artist shall not draw her.

"Kate" (British accent) - How you do anything is how you do everything. Every person should have an equal fight to be protected. No person should be shielded from the consequences of their actions. Ghislaine's lack of remorse is the final insult.

 Kate: Someone starting a non profit does not excuse sex trafficking of minors. [The reference is to Maxwell's Terramar Project, on whose board UNSG  Antonio Guterres  maintained a representative. But he has legal immunity, here

 Maxwell: I empathized deeply with all the victims in this case. I realize I have been convicted of assisting Jeffrey Epstein to commit these crimes. My associate with Epstein will permanently stain me. It is the biggest regret of my life than I ever met him.

Maxwell: I believe Jeffrey Epstein fooled all of those in his orbit. His victims considered him a mentor, friend, lover. Jeffrey Epstein should have stood before you. In 2005. In 2009. And again in 2019. But today it is for me to be sentenced

 Maxwell: I am sorry for the pain you have experience. I hope my conviction and harsh incarceration brings you peace and finality. I hope this date bring a terrible chapter to the end.

  Judge Nathan: Thank you, Ms. Maxwell. I'll get to the statement of judgment.

Judge Nathan: The guideline is 188 to 235 months... A jury convicted her. Ms. Maxwell is not being punished as a proxy of Epstein, but rather for her role in the criminal conduct. She participated in some of the abuse. Her conduct was heinous and predatory.

Judge Nathan: While Jane was 14, Maxwell engaged in sexual conduct with Epstein while she was present... Carolyn confided in Maxwell that she had been raped by her grandfather. Maxwell used it, to subject her to a cycle of abuse. Maxwell touched her breasts.

 Judge Nathan: A significant sentence is necessary. I take into account the history & characteristics of the defendant, including her present lack of danger. She had an overbearing father. She's engaged in environment conservation. [Terramar, here]

 Judge Nathan: Conditions at the MDC have not been what they should be. But Ms. Maxwell has not been singled out. Many of the complaints have been unfounded. This lack of candor is consistent with dishonesty about finances, and in the civil deposition

Judge Nathan: The sentencing submissions did not express remorse or accept responsibility. Ms. Maxwell is entitled to exercise her right to go to trial. But I will take into account her lack of remorse. I conclude that a sentence of 240 months is right.

Judge Nathan: That is 20 years. Then five years of supervised release. I impose a fine of $750,000. She has received a $10 million bequest from Epstein.

Maxwell's lawyer Bobbi Sternheim: The bequest in the will, she has received nothing. Judge Nathan: There are additional assets. The sentence as stated is imposed. Designation? Sternheim: We request the BOP facility in Danbury, Connecticut. And the FIT program

 AUSA Moe: The US moves to dismiss counts 7 and 8. Judge Nathan: You have the right to appeal, within 14 days. Anything else? No. No. Adjourned

The case is US v. Maxwell, 20-cr-330 (Nathan)

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