I IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS i DIVISION OF ST THOMAS AND ST JOHN ******************************** i GHISLAINE MAXWELL Case No ST 20 CV 155 PLAINTIFF V ESTATE OF JEFFREY E EPSTEIN DARREN K INDYKE in his capac1ty as EXECUTOR OF THE ESTATE OF JEFFREY E EPSTEIN ; RICHARD D KAHN in his capacity as EXECUTOR OF THE ESTATE OF JEFFREY E i EPSTEIN and NBS LLC a New York Limited 1 Liability Company 1 DEFENDANTS E GOVERNMENT OF THE UNITED STATES VIRGIN ISLANDS MOTION TO INTERVENE i The Government of the United States Virgin Islands (“Government”), by and through its | undersrgned counsel, hereby moves for an order permitting the Government to intervene in this action as of right pursuant to V I R Civ P 24(a) or else by leave pursuant to V I R Civ P 24(b) The Government states in support of its motion as follows PRELIMINARY STATEMENT ' Plaintiff Ghislaine Maxwell (“Maxwell”) filed this action seeking indemnification for and advancement of expenses incurred by reason of her prior employment relationship with decedent i Jeffrey B Epstein and his affiliated businesses ‘ in connection with any threatened, pending, or 1 completed suit, proceeding, or investigation relating to Epstein, his affiliated busmesses, and his alleged victims ” Compla1nt1] 1 Since the filing of this action, Maxwell has been arrested by Il I I i i 1 federal authorities on charges that she assisted, facilitated, and participated in Epstein’s sexual i abuse of underage girls i The Government has two distinct but closely related interests that support intervention in i this action First, the Government has a pending action in the Virgin Islands against Defendants herein the Estate of Jeffiey E Epstein, Darren K Indyke, and Richard D Kahn and others under the Criminally Influenced and Corrupt Organizations Act (CICO) 14 V I C §§ 601 et seq ‘ See Ex A (Gov t of the U S Virgin Islands v Indyke et a] No ST 20 CV 14 (First Amended i Complaint filed 2/5/20)) ( F AC ) The Government alleges that Defendants committed and i conspired to commit criminal sex trafficking and sexual abuse activity The Government’s primary 1nterest for interventlon is to ensure that the Epstein Estate s assets are not wrongfully dissipated by Maxwell’s suspect claims for indemnification and “advancement” of legal expenses, and instead are preserved to satisfy the CICO Judgment, which seeks forfelture, divestiture, disgorgement, and payment of maximum civil penalties and damages by the Epstein Estate Second, the Government also is investigating Maxwell’s participation 1n Epstem’s criminal sex trafficking and sexual abuse conduct pursuant to its authority under CICO, 14 V I C § 612, to investigate reasonably suspected criminal activity The Government has attempted to serve a CICO Subpoena Duces Tecum on Maxwell stating that Pursuant to 14 V I C § 612(c), the documentation requested is in reference to an ongoing investigation by the Virgin Islands Department of Justice of the rape, abuse, exploitation and trafficking of young women and underage girls by Jeffrey B Epstein and his associates in violation of 14 V I C § 133 and 1624, as well as other Virgin Islands statutes Ex B (Government’s CICO Subpoena Duces Tecum to Ghislaine Maxwell, dated March 19, 2020) at 1 Maxwell resisted and evaded service of the subpoena during the three and a half 1 2 I i I l 1 1 l months after its issuance The Govemment’s second intervention interest thus is to ensure that 1 Maxwell is compelled to respond to its investigatory subpoena through this action in which she 1 1s a party and has consented to the Court’s jurisdiction The Government’s need to intervene is further fueled by Maxwell’s inappropriate use of the Virgin Islands courts to seek payment and reimbursement from the Epstein criminal enterprise, while she circumvents the service of process of Government subpoenas related to her 1nvolvement in that criminal enterprise Based upon either or both of the Government’s interests with respect to all part1es in this 1; action and for the reasons set forth herein, the Court should grant the Government intervention as of right under V I R Civ P 24(a) or else by leave under V I R Civ P 24(b) STATEMENT OF FACTS RELATED TO INTERVENTION A Maxwell’s Arrest on Federal Criminal Sex Trafficking Charges Related to Her Involvement with Epstein’s Conduct On July 2, 2020, federal authorities arrested Ms Maxwell on six federal criminal charges related to her involvement with Epstein’s alleged sex trafficking and sexual abuse conduct See Ex C (Indictment Untied States of Amerzca v Ghzslazne Maxwell No 20 CR 330 (S D N Y )) Maxwell is charged with Consplracy to Entice M1nors to Engage in Illegal Sex Acts (Count One), Enticement of a Minor to Travel to Engage in Illegal Sex Acts (Count Two), Conspiracy to Transport Minors With Intent to Engage in Criminal Sexual Activity (Count Three), and Transportation of a Minor with Intent to Engage in Criminal Sexual Activity (Count Four) Id All of these charges stem from Maxwell’s role “in the sexual exploitation and abuse of multiple minor girls by Jeffrey Epstem Id 1] 1 see also 1] 2 ( GHISLAINE MAXWELL the defendant, and Jeffrey Epstein enticed and caused minor victims to travel to Epstein’s I 3 i ! residences in different states, which MAXWELL knew and intended would result in their i grooming for and subjection to sexual abuse ”) l Maxwell also IS charged with two counts of Perjury for giving false testimony concealing ‘ the foregoing conduct of both Epstein and herself See 1d , Counts Five and Six B The Government’s CICO Investigation of Maxwell’s Participation in the Epstein Enterprise i The Government is and has been act1ve1y investigating Maxwell’s participation in the i criminal sex trafficking and sexual abuse conduct of the Epstein Enterprise See Ex B \ (Government’s CICO Subpoena) (seeking documentation “in reference to an ongoing investigation by the Virgin Islands Department of Justice of the rape, abuse, exploitation and i trafficking of young women and underage girls by Jeffrey E Epstein and his associates in violation of 14 V I C § 133 and 1624, as well as other Virgin Islands statutes”) Prior to Maxwell’s arrest, the Government made repeated but unsuccessful attempts to serve its CICO subpoena on her On March 24, 2020, the Government served the subpoena on Maxwell’s counsel in this action, Kyle R Waldner, Esq See Ex D (Certificate of service) On April 15 2020 David J Cattie Esq notified the Government that Ms Maxwell had retained him in regard to the Government’s subpoenas See Ex E (Cattie to Smith email, 4/15/20) The subpoena was clearly received by Maxwell, and Attorney Cattie contacted the Government on her behalf to negotiate a posmble resolution of the subpoena Given that Attorney Cattie nonetheless raised concerns about service on Maxwell, the Government asked that Maxwell authorize him to accept service of the subpoena or disclose her whereabouts, so that it could serve her personally See Ex F (email from L Singer to D Cattle, May 1, 2020) ‘ On May 12, 2020, almost two months after the Government’s initial attempts at service, Mr i Cattie responded that he “cannot waive the issue of service of the subpoenas, nor can I disclose l 4 I Jl 1 my client’s location to anyone at thlS ttme ” Ex G (email from D Cattie to L Singer, May 12, i 2020) (emphasis added) After Mr Cattie refused to accept or waive service, the Government in good faith continued to negotiate for release of the requested documents in lieu of enforcing the CICO Subpoena See Ex H (Email from L Singer to D Cattie, May 28, 2020) Those negotiations also failed, and the Government attempted serv1ce of a second CICO Subpoena on Ms Maxwell’s counsel on June 11, 2020 See Ex I (second subpoena) ‘ Mr Cattle once more stated that he was not “authorized” to accept service on her behalf Ex J (Email from D Cattie to L i Singer, June 17, 2020) And again, Mr Cattie did not offer to provide Maxwell’s location to \ allow the Government to effectuate service Id To date, Maxwell has not acknowledged or ‘ responded to either of the Government’s CICO Subpoenas After Epstein’s most recent arrest on July 8, 2019 and his death in prison on August 10, 2019, see Complaint, 1] 23, and before her own arrest on July 2, 2020, Maxwell was in hiding Numerous media outlets reported on her unknown whereabouts, including The Sun, the Washington Examiner, Vanity Fair, BBC, CNN, CNBC, the Telegraph, The Guardian, and Page Six 2 At the same time, her counsel was actively litigating in other Courts to keep shielded from ’ publlc View thousands of pages of court records that would expose her involvement and ‘ The second CICO Subpoena, see Ex I, is identical to the first one served on March 24, 2020 2 See e g, https //www vanityfair com/news/2019/11/hunt for jeffrey epstein alleged enabler ghislaine maxwell; https //www theguardian com/us news/2019/nov/18/ghislaine maxwell prince andrew friend jeffrey epstein controversy hiding; https //www theguardian com/us news/2019/dec/12/she was so dangerous where in the world is the notorious ghislaine maxwell; https //www bbc com/news/world us canada 50927651, https //edition cnn com/2019/12/08/uk/who is ghislaine maxwell jeffrey epstein intl gbr/mdex html https //www cnbc com/2019/08/14/ghislaine maxwell location unknown jeffrey epstein accusers eye her html, https //www washingtonexaminer com/news/fbi investigating Jeffrey epstein facilitator ghislaine maxwell; https //www telegraph co uk/royal family/2019/11/20/prince andrew met ghislaine maxwell two weeks ! prosecutors announcedl; https //pagesix com/2020/01/11/ghislaine