Superseding Indictment: United States v. Ghislaine Maxwell

Overview of the Superseding Indictment

On March 29, 2021, the U.S. Attorney's Office for the Southern District of New York (SDNY) filed a superseding indictment in United States v. Ghislaine Maxwell (Case No. 20-cr-330), expanding the charges against Maxwell to include sex trafficking conspiracy and sex trafficking of a minor. This superseding indictment replaced the original indictment filed in July 2020 and broadened both the scope of the charges and the timeframe of alleged criminal conduct.

The addition of the sex trafficking charges was significant because they carried substantially higher potential penalties and reflected the government's theory that Maxwell was not merely an accessory to Epstein's crimes but an active participant in a sex trafficking enterprise.

Background: The Original Indictment

Ghislaine Maxwell was arrested on July 2, 2020, at a property in Bradford, New Hampshire, where she had been living in seclusion. The original indictment, filed the same day, charged her with six counts:

1. Conspiracy to entice minors to travel to engage in illegal sex acts — covering 1994–1997
2. Enticement of a minor to travel to engage in illegal sex acts — involving a specific minor
3. Conspiracy to transport minors with intent to engage in criminal sexual activity — covering 1994–1997
4. Transportation of a minor with intent to engage in criminal sexual activity — involving a specific minor
5. Conspiracy to commit sex trafficking of minors — covering 1994–1997
6. Perjury (two counts) — based on false testimony in a 2016 deposition in the Giuffre v. Maxwell civil case

These charges focused primarily on conduct from the mid-1990s and relied on testimony from victims identified during that period.

The Superseding Indictment Additions

The superseding indictment filed in March 2021 added a critical new charge:

Count Seven: Sex Trafficking of a Minor (2001–2004)

The new count charged Maxwell under 18 U.S.C. § 1591 with sex trafficking of a minor during the period from 2001 to 2004. This charge was based on the testimony of a new victim — identified at trial as "Carolyn" — who described being recruited to Epstein's Palm Beach residence beginning at age 14.

The addition of this count was significant for several reasons:

Extended timeframe. The original indictment focused on the 1994–1997 period. The superseding indictment pushed the timeline of alleged criminal conduct forward to 2004, demonstrating that Maxwell's involvement in Epstein's operation continued over a much longer period.

Stronger trafficking theory. The sex trafficking charge under § 1591 is one of the most serious federal offenses. It requires proof that the defendant knowingly recruited, enticed, harbored, transported, or maintained a minor knowing that the minor would be caused to engage in a commercial sex act. The commercial element was established through evidence of cash payments to victims.

Additional victim testimony. The new charge was supported by the testimony of a victim who had not been part of the original indictment, expanding the evidentiary foundation for the government's case.

Higher penalties. Sex trafficking of a minor carries a mandatory minimum sentence of 10 years and a maximum of life imprisonment, significantly escalating the potential consequences for Maxwell.

The Perjury Charges

Both the original and superseding indictments included perjury charges based on Maxwell's testimony in a 2016 deposition in the Giuffre v. Maxwell civil case. Specifically, the government alleged that Maxwell lied under oath when she:

• Denied knowledge of Epstein's sexual conduct with underage girls
• Denied participating in any sexual activity with underage girls
• Denied having any knowledge of Epstein's scheme to recruit and abuse minors

These perjury charges were ultimately severed from the sex trafficking case — meaning they were to be tried separately — after the court determined that trying all charges together would create prejudice issues. The perjury charges were eventually dropped after Maxwell's conviction on the trafficking counts.

Maxwell's Pre-Trial Detention

Following her arrest, Maxwell was held at the Metropolitan Detention Center (MDC) in Brooklyn, New York. Her defense team made multiple bail applications, offering packages valued at over $28 million, including her husband Scott Borgerson's assets. All bail requests were denied by the court, which found that Maxwell posed an extreme flight risk given her:

• Extensive international connections
• Access to substantial financial resources (including approximately $20 million in assets identified by prosecutors)
• Multiple foreign citizenships (British, French, and American)
• Demonstrated ability to evade detection (she had effectively disappeared from public view between Epstein's death in August 2019 and her arrest in July 2020)

Maxwell's detention conditions became a subject of controversy, with her attorneys claiming she was subjected to excessive surveillance and sleep deprivation. The Bureau of Prisons maintained that the enhanced monitoring was necessary given Epstein's death in federal custody the previous year.

The Trial

Maxwell's trial began on November 29, 2021, before Judge Alison J. Nathan and a federal jury in Manhattan. The three-week trial featured testimony from four victims, documentary evidence, and expert witnesses.

Key Trial Evidence

Victim testimony. Four women testified about their experiences:

• "Jane" described being recruited at age 14 at a Michigan music camp in 1994
• "Kate" described encounters beginning at age 17 in London in the mid-1990s
• "Carolyn" — the victim underlying the superseding indictment's new count — described being recruited at age 14 in Palm Beach in the early 2000s
• Annie Farmer testified under her full name about abuse at Epstein's New Mexico ranch when she was 16

Former Epstein employees. Several former employees of Epstein testified about what they observed at his properties, including the presence of young women, Maxwell's role in managing the household, and their own discomfort with what they witnessed.

Financial records. Bank records and financial documents showed that Epstein transferred approximately $30 million to Maxwell over the course of their relationship, establishing the financial dimension of their partnership.

Flight logs and travel records. Documentation of Maxwell's extensive travel on Epstein's aircraft and to his various properties corroborated victim testimony about her presence at locations where abuse occurred.

Photographs. Numerous photographs showed Maxwell and Epstein together at various properties and events, as well as photographs showing Maxwell with some of the young women who were part of their circle.

The Defense

Maxwell's defense team argued that she was being scapegoated for Epstein's crimes — that following his death, the government needed someone to hold accountable and Maxwell became the target. Defense attorneys challenged the reliability of victim testimony, questioned the accuracy of decades-old memories, and argued that the financial relationship between Maxwell and Epstein was not evidence of criminal partnership.

The Verdict

On December 29, 2021, the jury found Maxwell guilty on five of six counts:

• Guilty: Conspiracy to entice minors to travel (Count 1)
• Guilty: Transportation of a minor (Count 4)
• Guilty: Conspiracy to transport minors (Count 3)
• Guilty: Sex trafficking conspiracy (Count 5)
• Guilty: Sex trafficking of a minor (Count 7 — the superseding indictment count)
• Not guilty: Enticement of a minor to travel (Count 2)

The conviction on Count 7 — the sex trafficking charge added by the superseding indictment — was particularly significant, as it carried the most severe potential penalties and reflected the jury's acceptance of Carolyn's testimony about abuse in the 2001–2004 period.

Sentencing

On June 28, 2022, Judge Nathan sentenced Maxwell to 240 months (20 years) in federal prison. The sentence was below the prosecution's request of 30 to 55 years but substantially above the defense's request of approximately 5 years. Judge Nathan also imposed a $750,000 fine and ordered restitution to the victims.

The NPA Defense and Its Failure

A notable element of the Maxwell case was her defense team's argument that the 2007 Non-Prosecution Agreement between the U.S. Attorney's Office in Florida and Epstein protected Maxwell as one of Epstein's unnamed "potential co-conspirators." Maxwell's attorneys argued that the NPA's immunity provision was intended to cover all federal charges against anyone connected to Epstein's criminal activity.

The court rejected this argument, finding that the NPA was limited to the Southern District of Florida and did not bind the SDNY. This ruling was significant because it established that the NPA's immunity clause — however broadly drafted — could not prevent prosecution in other federal jurisdictions.

Significance of the Superseding Indictment

The superseding indictment and the resulting conviction hold profound significance:

It proved the enterprise extended beyond Epstein. The conviction established as a matter of legal fact that Maxwell was an active co-conspirator, not merely a bystander, in Epstein's trafficking operation.

It extended accountability across time. By adding the 2001–2004 conduct, the superseding indictment demonstrated that the criminal enterprise operated over a longer period than initially charged.

It validated victims from multiple eras. Victims from the mid-1990s and early 2000s both saw their accounts validated by the jury's verdict.

It tested the NPA's limits. The case definitively resolved the question of whether the 2007 NPA could shield co-conspirators from prosecution outside Florida — it could not.

Sources and Further Reading

• DOJ Press Release: Maxwell Charged with Additional Sex Trafficking Charge
• DOJ Press Release: Maxwell Sentenced to 20 Years
• Case Docket: United States v. Maxwell, 20-cr-330 (S.D.N.Y.)
• Trial Transcripts: United States v. Maxwell (November–December 2021)