Ghislaine Maxwell family lawyer: Rich do not always enjoy legal advantages
Ghislaine Maxwell's case is a perfect example.
By DAVID OSCAR MARKUSGhislaine Maxwell appears via video link during her arraignment hearing where she was denied bail for her role aiding Jeffrey Epstein to recruit and eventually abuse of minor girls, in Manhattan Federal Court, in the Manhattan borough of New York City, New York, U.S. July 14, 2020 in this courtroom (photo credit: JANE ROSENBERG/REUTERS)
Ghislaine Maxwell’s case has led to many uninformed takes about the American criminal justice system. One common theme is that rich people are treated better than the poor by the system.Clemence Michallon's piece "What Ghislaine Maxwell's case teaches us about rich people justice," is just one example, but this argument misunderstands the American justice system in profound ways. As a lawyer as well as spokesperson for Ghislaine's family, I felt obligated to respond.Contrary to the premise of the article, the rich do not enjoy enormous advantages in a federal criminal case. If anything, they are greatly disadvantaged.Ghislaine Maxwell's case is a perfect example.One of the reasons stated by the judge for denying bail is her wealth. Any other person charged with stale, 25-year-old allegations would be out on bail right now.Ghislaine is being held in torturous conditions because the Bureau of Prisons deems her not to be a normal inmate permitted to be in the general prison population.She is the target of relentless media attacks because of her wealth and fame. Reporters almost seem delighted in reporting that she is not being permitted to sleep and that she is losing her hair. Imagine the uproar if we treated anyone else like this.So too with prosecutors. They target rich, well-known defendants much more than a poor, unknown person who won't get them headlines. Michallon points to the Lori Loughlin case as an example of "rich people justice." Absurd.Prosecutors in that case only offered her a deal after they were caught engaging in misconduct. Loughlin had a real defense and stood a good chance of being found not guilty at a trial, but prosecutors have so much power that they were able to bully her into pleading guilty or risk facing decades in prison. Her wealth and fame only fueled the prosecution; it certainly did not shield her.Jurors are predisposed against wealthy defendants. Schadenfreude – enjoyment obtained from the troubles of others – abounds.
So too regarding judges who do not want to appear to be giving any benefits to those with money.Defendants who have money are also the target of contingency fee lawyers who see dollar signs and are willing to look past the red flags of people claiming to be victims.The article is also a slap in the face to the tireless public defenders around the country who are relentless for their clients. It is widely recognized that the federal public defender's office in the Southern District of New York, where Ms. Maxwell is being prosecuted, is one of the great law offices in the country.It is true that wealthy defendants have resources to investigate and expose false claims. But in Ghislaine’s case, the identities of the three accusers in the indictment have been kept secret. And no matter what funds she has, they pale in comparison to the government’s resources in this case. Just take a look at the media circus that was put on when Ghislaine was arrested to see how much the New York prosecutors are putting into this case.Ms. Michallon seems to celebrate Ghislaine’s detention and her sub-human conditions even though anyone else charged with a weak, decades-old case would be released. Instead of being “reassured,” Michallon – all of us -- should be embarrassed about the injustices occurring before our very eyes in the American justice system.David Oscar Markus is a lawyer and spokesperson for Ghislaine Maxwell’s family.
