GHISLAINE’S APPEAL LAUNCHED 

 

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Statement of the Case

“The Government prosecuted Ms. Maxwell (“Maxwell”) as a proxy for Jeffrey Epstein.  It did so to satisfy public outrage over an unpopular non-prosecution agreement and the death in federal custody of the person responsible for the crimes, Epstein.   In its zeal to pin the blame for its own incompetence and for Epstein’s crimes on Maxwell, the Government breached its promise not to prosecute Maxwell, charged her with time-barred offenses, resurrected and recast decades-old allegations for conduct previously ascribed to Epstein and other named assistants, and enthusiastically and uncritically joined forces with plaintiffs’ attorneys, whose interests were financial, to develop new allegations that would support charges against Maxwell.  The Government’s scrupulous adherence to the law in prosecuting a criminal defendant is foundational to our system of justice. Here, the Government repeatedly fell short of its obligations.” (Taken verbatim from the text of the Appeal itself).

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Summary of Key Appeal Points

• Court misapplied existing Non-Prosecution Agreement which was binding on the U.S. Attorney's Office - Southern District of New York

• Convictions on Counts Three, Four & Six to be vacated; court should neither have extended statute of limitations nor applied law retroactively in respect of them

• Appellant’s constitutional right to a fair trial by an impartial jury denied by the court refusing a new trial and refusing specified cross-examination of a juror by the defense 

• Court erred in constructively amending counts Three and Four of the indictment by failing to issue to the jury a clarifying instruction resulting in unsafe convictions on those counts

• Sentence should be vacated and referred for resentencing as court erred in applying an incorrect guideline range and offense level.