Ghislaine
Maxwell For Appeal Wants Until Jan 2023 to
File After Hired Ex Judge
By Matthew
Russell Lee, Patreon Maxwell
Book
BBC-Guardian
UK - Honduras
- ESPN
NY
Mag
SDNY COURTHOUSE,
July 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
and below.
On July 15 for
Maxwell's appeal to the Second
Circuit, Bobbi Sternheim filed
a notice to be removed in
favor of Hon. John M.
Leventhal (Ret.) of Aidala,
Bertuna & Kamins, PC: "I
am informed that Hon. John M.
Leventhal (Ret.) of Aidala,
Bertuna & Kamins, PC has
been retained to represent Ms.
Maxwell on appeal and will be
filing notice of appearance
today. 7. Since new counsel
has been retained to represent
Ms. Maxwell on appeal, I move
to be relieved." Photo of
filing on Patreon here.
On July 28 this
new counsel wrote to the
Second Circuit and asked for a
delay to file his briefing,
from October into January
2023. Letter on Patreon here.
Meanwhile Maxwell
instead of Danbury has been
moved to prison in Florida on
which many opine. We'll keep
our eyes on the courts,
including current
child sex trafficking cases.
From the June 28
sentencing: 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
Kate: Today I
stand for the first time with
my sisters to say Enough is
enough. I take no pleasure in
being part of a world in which
this is necessary. Stop
Ghislaine. I could not have
done this alone. Inner City
Press @innercitypress · 3h
Judge Nathan: Counsel for
Virginia Roberts. Statement of
Virginia Roberts Giuffre:
Together, you damaged me.
Together, you did unspeakable
things. I want to be clear:
without question, Jeffrey
Epstein was a terrible
pedophile. But I only met him
because of you Inner City
Press @innercitypress · 3h
Virginia Roberts Giuffre: You
used your femininity to
victimize us. You could have
put an end to the rapes. I
have grown into a woman who on
her best days feels she is
making a difference. If you
get out of prison I will watch
to make sure you don't do it
again Sarah Ransome: I
continue to suffer. I came to
New York at 22, to attend FIT.
I was introduced to Epstein. I
became nothing more than a six
toy for the entertainment of
Epstein, Maxwell and others. I
was abuse in the mansion and
on his private island Sarah
Ransome: I tried to escape the
island by jumping off a cliff
into shark infested waters.
Epstein and Maxwell lured us
in then pounced. Like Hotel
California you could check in
but you could never leave.
They used my visa status and
family to trap me. Inner City
Press @innercitypress · 3h
Sarah Ransome: They told me I
had potential (sobs). They had
connections to FIT. There was
always a but. I needed to lose
30 pounds. They put me on a
strict Atkins diet. I never
lost the weight. I never got
to use my application. I thank
God I escaped in 2007. Inner
City Press @innercitypress ·
3h Sarah Ransome: I experience
flashbacks (sobs). I am hyper
vigilant and do not trust
people easily. I will
sometimes start crying for
reasons I cannot always
comprehend. I've been
diagnosed with anxiety and
PTSD and tendency to
self-harm. Inner City Press
@innercitypress · 3h Sarah
Ransome: I have never entered
into normal relationship. I
have no children, something I
dreamed of. I attend meetings
to treat alcoholism. I have
had numerous relapses. Only by
the grace of God do I continue
to live. I have attempted
suicide twice. Sarah Ransome:
I came to New York to attend
the trial. It was cathartic. I
am glad the jury believed the
victims and returned a guilty
verdict. Sentence her to the
rest of her life in prison. It
will give us survivors a
slight sense of justice. Inner
City Press @innercitypress ·
3h Sarah Ransome: To
Ghislaine, I say, you broke me
but not my spirit. Judge
Nathan: Thank you. I'll now
hear the statement of Ms
[Elizabeth] Stein. Stein: I
came to New York in 1991 at
the age of 18 to attend FIT. I
became an intern at a store -
and Maxwell came in. Inner
City Press @innercitypress ·
3h Stein: Maxwell's links to
Epstein and Les Wexner became
aware of me. I went to deliver
her clothes. Epstein was there
and they sexually assaulted
me. I returned to FIT, and the
Henri Bendel store. But they
pursued me, even when I went
to Bloomingdales. Inner City
Press @innercitypress · 3h
Stein: She wore me down. I
went with them to Florida. I
got fired. I was trafficked to
their friends. By that time I
was trapped. I was raped in
New York and Florida for a
three year period. I can not
speak about it. I do not have
the vocabulary.
Stein: I once
loved life. After I met them
it felt like someone turned
off the lights to my soul. I
changed jobs, apartments,
cities and even states. They
found me. In 1997 I moved to
Philadelphia, hoping to
finally starting law school.
They found me...
Stein: I
began physical therapy. The
arrest of Epstein in 2019 and
of Maxwell in 2020 helped me.
I could disclose their abuse
to medical providers. This
past November and December I
took the train from
Philadelphia to watch the
trial, anonymously.
Stein: Ghislaine
Maxwell fed me to Jeffrey
Epstein. For 25 years Maxwell
has lived free, while I have
had none of the life
experiences I should have.
She'd had her life. Now it's
time for mine. Judge Nathan:
Thanks. Ms. Sternheim.
Maxwell's
lawyer Bobbi Sternheim: To
those who spoke, you have
shown courage... The purpose
of today is not to take issue
with the record. That will be
addressed to the Court of
Appeals. This is about the US
asking for "multiple decades"
for a 60 year old woman
Sternheim:
Probation recommended 20 years
- now higher than applicable
guideline. The US asks for the
outer limits. It is out of
proportion. Jeffrey Epstein
would have faced the same -
and he is clearly more
culpable.
Sternheim: I know
that what we heard today does
not beg sympathy for
Ghislaine. She has lived her
whole life under a cloud. The
accident of her brother just
after she was born, on
Christmas Day. Her
narcissistic father
overwhelmed her childhood and
early adulthood Sternheim: She
is over 60 years old. She has
no history of violence. When
she was moved, in the past two
months, to general population
she began conducting English
classes.
Sternheim: A
sentence below the guidelines
is sufficient. She should not
be sent away from the rest of
her life. Judge Nathan: Ms.
Maxwell. Maxwell enters the
booth to speak. She is in a
blue prison shirt over white
long sleeved shirt. She puts
on glasses & begins
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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