Sep 20, 2024

Federal Judge Denies Second Bail Request Bail by Ghislaine Maxwell

by Maureen Rubin | Jan 01, 2021
Jeffrey Epstein, left, with Ghislaine Maxwell, right. Photo Source: Jeffrey Epstein, left, with Ghislaine Maxwell (Patrick McMullan /Getty)

A federal judge denied bail a second time to Ghislaine Maxwell, whom the media has called Jeffrey Epstein’s procurer, pal, pimp and partner. Despite offering a $28.5 million bail package and strict monitoring measures, the court concluded there was nothing new in the latest request that “can reasonably assure the defendant’s appearance at future proceedings.”

U.S. District Judge Alison Nathan denied Maxwell’s renewed motion for release on December 8, stating in a two-page memorandum that the “Government has met its burden of persuasion” and that “none of the new information that the defendant presented in support of her application has a material bearing on the Court’s determination that she poses a flight risk.”

Despite a proposed $22 million-plus increase in bail from the original $5 million that was proposed by Maxwell and her husband, U.S. citizen Scott Borgerson, the judge denied bail. In doing so, she cited federal law that explains the criteria for reopening bail hearings. She explained that the court must consider “the nature and circumstances of the charged offenses, the weight of evidence…defendant’s history and characteristics, and the nature and seriousness of the danger that her release would pose.”

She clarified that the Government did not find that Maxwell posed any danger to the community, but that the other three bail conditions were met. Also, Maxwell’s lawyers failed to provide any new information that “was not known to the movant at the time of the hearing…that has a material bearing on the issue of whether…release will reasonably assure the appearance of such person.”

Maxwell, 59, has pleaded not guilty to charges that she helped Epstein recruit and train girls as young as 14 to be sex partners for his wealthy and powerful friends, and not guilty to related perjury charges. She was arrested at her home in New Hampshire on July 2 and has been held at the Metropolitan Detention Center in Brooklyn since then. If convicted, she faces up to 35 years in prison.

Attorneys for Maxwell proposed extensive safeguards to assure her appearance for future judicial proceedings, including posting a 24-hour guard and installing electronic monitoring for her home confinement. Prosecutors argued that Maxwell could flee to Europe as she holds citizenship in both France and the United Kingdom. They also argue that her marriage to Borgerson would keep her in the country.

Judge Nathan redacted confidential information from the documents that were released. Maxwell’s husband was not identified, but according to The Daily Mail, “his identity has been widely reported as Scott Borgerson,” CEO of CargoMetrics Technologies. Borgerson offered a $22.5 million bond for Maxwell’s release that would be supplemented by five additional bonds co-signed by “seven of Maxwell’s closest friends and family members.” Their identities were redacted as well.

Maxwell and Borgerson were allegedly getting a divorce at the time of her arrest, but Maxwell’s lawyers claim the divorce was only sought in order to protect him from publicity.

Earlier this month, federal prosecutors filed papers opposing the request because of Maxwell’s high probability as a flight risk. In support, they cite her “significant foreign ties, millions of dollars in cash that she largely transferred to her spouse in the last five years, among other assets, and a demonstrated willingness and sophisticated ability to live in hiding.”

In a 15-page statement that was heavily redacted, Maxwell’s lawyer, Mark Cohen, argued for her release on bail. It begins by stating that the government does not challenge her ability to obtain the bail amount due to her wealth, as well as the significant fortune of her spouse and the unnamed friends and family members.

“There is no significant contemporaneous documentary evidence” that supports their case,” Cohen argued. He said, the proposed bail package is “exceptional in its scope and puts at risk everything that Ms. Maxwell has — all of her and her spouse’s assets, her family’s livelihood, and the financial security of her closest friends and family — if she were to flee, which she has no intention of doing.”

He called Maxwell a mere “substitute” for the now-deceased Jeffrey Epstein to explain the Government’s reason for denying bail. Epstein, 66, allegedly killed himself in August 2019 while awaiting trial on charges of sex trafficking. Attorney General Bill Barr has stated that prison personnel contributed to his death.

Cohen also argued that Judge Nathan applied an erroneous legal standard in her bail denial, citing a 1985 case that held “the legal standard required by (The Bail Reform) Act is one of reasonable assurances, not absolute guarantees.” He argues that the composition of their proposed bail package easily meets this standard.

He further argued that the Government’s case rests entirely on the recollections of three accusers of events that happened during a non-specific timeline some 25 years ago. Evidence against Epstein is being used against their client who had nothing to do with Epstein’s activities.

Judge Nathan will file a more detailed statement about her denial after attorneys for both sides file papers about the correct application of redactions.

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Maureen Rubin
Maureen Rubin
Maureen is a graduate of Catholic University Law School and holds a Master's degree from USC. She is a licensed attorney in California and was an Emeritus Professor of Journalism at California State University, Northridge specializing in media law and writing. With a background in both the Carter White House and the U.S. Congress, Maureen enriches her scholarly work with an extensive foundation of real-world knowledge.