Prosecutors stated they were prepared to drop the counts for perjury if the court did not grant a retrial for the British former socialite. Maxwell was found guilty of five of the six counts levied at her at the federal court in Manhattan last month.
The charges against her related to the grooming and trafficking of young girls for abuse by her partner, Jeffrey Epstein.
Maxwell, 60, is awaiting sentencing but could receive a prison term of up to 65 years.
She would face a separate trial for the perjury charges, but prosecutors have said they would dismiss these charges to spare victims the “trauma” of a second trial.
They said in a letter: “In the event the defendant’s post-trial motions are denied, the government is prepared to dismiss the severed perjury counts at the time of sentencing, in light of the victims’ significant interests in bringing closure to this matter and avoiding the trauma of testifying again.”
They added that Maxwell’s sentencing should take place “approximately three to four months from today’s date” – something Maxwell’s defence lawyers are resisting.
This comes after Maxwell’s defence team called for a retrial after a juror, known as Scotty David, revealed that he had experience of child sexual abuse.
They argued “there is a compelling basis for the court to overturn Ms Maxwell’s conviction and grant her a new trial based on the disclosures of Juror #50 during deliberations”.
Another juror also claimed to have suffered sexual abuse as a child in a separate interview with the media.
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He said: “I didn’t disclose my abuse until I was in high school.”
He continued: “We cannot judge what they did or didn’t do afterwards.
“It doesn’t change that it happened.”